Superior Court

OPINIONS FILED & JUDGMENT ORDERS

January 18, 2013

A.M. v. A.M.; 1463 EDA 2012; Affirmed.

Estate of: Kuehner, F. Appeal of: Kuehner, P.; 1811 EDA

2012; Appeal Dismissed.

Taylor v. Robinson; 1970 EDA 2012; Appeal Dismissed.

King v. Gibbs; 1971 EDA 2012; Appeal Dismissed.

Com. v. Hoffman; 2104 EDA 2012; Affirmed - Petition to

Withdraw as Counsel Granted; Comments: Jurisdiction relinquished.

ORDERS & DECREES

 

PER CURIAM

Cohn; v. Mickman; 2146 EDA 2011; It Is Hereby Ordered. That the application filed November 29, 2012, requesting reargument of the decision dated November 15, 2012, is Denied.

Aguirre v. Walski; 2519 EDA 2012; Appellant’s motion for reconsideration of this Court’s order of January 8, 2013 is hereby Denied.

Santana v. Kamara; 3009, 3116 EDA 2012; Appellant’s motion to consolidate the appeals at Nos. 3009 and 3116 EDA 2012, is Denied as moot in light of this Court’s dismissing the appeal at No. 3116 EDA 2012 as duplicative.

Com. v. Keeling; 3379 EDA 2012; The Appellant’s Petition for an Extension of Time to File Briefs is Granted until April 1, 2013.

Smith v. Smith; 3139 EDA 2012; The Appellant’s Petition for an Extension of Time to File Briefs is Granted until April 1, 2013.

Estate of Madeline B. Davison, Principal Appeal of: Kathleen Anderson, etc.; 1809 EDA 2012; Appellant’s motion for correction of the certified record on appeal and directed appellant to file her brief on or before January 25, 2013. Accordingly, appellee’s motion to dismiss this appeal, is Denied. Appellant’s brief shall be accepted as timely filed.

In Re: Mary Kay Noyallis-Kush, An Incapacitated Person Appeal of: Mary Kay Noyallis-Kush; 3019, 3335 EDA 2012; The amended final decree of November 9, 2012 (the order being appealed at No. 3335 EDA 2012) is contained in the certified record transmitted to this Court at No. 3019 EDA 2012, appellant’s motion to consolidate the appeals at Nos. 3019 and 3335 EDA 2012 and to extend the briefing schedule, is Granted. Appellant’s brief and reproduced record in this consolidated appeal shall be filed on or before February 22, 2013.

Doorley v. Univest Bank And Trust Company; 3477 EDA 2012; Kindly withdraw the appeal filed in the above matter on December 26, 2012.

Metro Commercial Real Estate, Inc. v. Aries 57, L.L.C., et al.; 3087 EDA 2012; The Appellant’s petition for extension of time to file Briefs is Granted until February 22, 2013.

Com. v. Buford; 3297 EDA 2012; The "Motion to Withdraw as Counsel," for the Appellant, filed by Lonny Fish, Esq., is granted. The trial court is directed to determine the Appellant’s eligibility for court-appointed counsel within thirty days of the date that this Order is filed. If the Appellant is found to be eligible, then the trial court shall appoint counsel for the Appellant in connection with this appeal. The trial court shall immediately notify the Prothonotary of this Court of the appointment. If the Appellant is found to be ineligible for court-appointed counsel, then the trial court shall immediately notify the Appellant and the Prothonotary of this Court of that determination, and the Appellant shall notify this Court within twenty days of the notification of ineligibility whether he intends to retain new counsel or to represent himself on appeal.

Com. v. Fouche; 3506 EDA 2012; The Appellant’s pro se "Motion For Waiver Or Modification Of Rules," the Appellant shall be permitted to file one (1) original and three (3) copies of the Appellant’s brief, a schedule for which will be established by the Prothonotary of this Court following the transmission of the certified record to this Court, and any Appellant’s reply brief.

19th & Sansom Corp. v. Supreme Catering Services, Inc.; 3396 EDA 2012; Appellee’s application for leave to provide information in response to this Court’s rule to show cause order of January 9, 2013, is Granted. The information contained in the application is hereby accepted as properly filed.

Com. v. Ellington; 3108 EDA 2012; The Appellant’s pro se "Application For Relief In The Nature of Remand And The Appointment Of Interested Counsel" is Denied.

Com. v. Jones; 3429 EDA 2010; It Is Hereby Ordered. That the application filed December 5, 2012, requesting reconsideration of the decision dated November 21, 2012, is Denied.

Com. v. Kasianczuk; 2659 EDA 2012; The Appellant’s Petition for an Extension of Time to File Briefs is Granted until March 18, 2013.

Pergolini v. Tseng; 2238 EDA 2012; The petition for substitution of parties, is Granted.

Com. v. Michael; 1938 EDA 2012; The Appellant’s petition for an extension of time to file briefs Is Granted until March 15, 2013.

Joell v. Northwestern Human Services; 3458 EDA 2012; Appellee, defendant below, has filed a motion to quash this appeal from the November 7, 2012 order granting its motion for reconsideration of the trial court’s October 18, 2012 order granting the motion of appellant, plaintiff below, for reconsideration of the trial court’s July 13, 2012 order sustaining appellee’s preliminary objections to the amended complaint and marking this matter closed as of July 13, 2012. Appellant requested reconsideration of the July 13th order over three months later on October 17, 2012, Appellee alleges that the appellant has waived her issues on appeal by failing to file a timely notice of appeal from the July 13, 2012 order. Appellant has not filed an answer opposing the requested relief.

Com. v. Schafer; 3016 EDA 2012; The Appellant’s letter, filed by Stuart Michael Wilder, Esq. on January 14, 2013, is Denied. In light of the fact that Appellant’s counsel has re-petitioned this Court to withdraw on January 16, 2013, pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988), we note that, pursuant to Commonwealth v. Friend, 896 A.2d 607 (Pa. Super. 2006), Appellant is advised that he may file a pro se response to counsel’s "no-merit" letter or hire private counsel to do so, within thirty (30) days of the date that this Order is filed.

Fumo v. Cosenza, et al.; 143 EDM 2012; Petitioner, Dominic Cosenza, defendant below, has filed a petition for permission to appeal the order of November 29, 2012 overruling his preliminary objections. Respondent, plaintiff below, has filed a motion to quash in response. It appears that petitioner made no attempt to have the November 2gth order certified pursuant to 42 Pa. C.S. ß 702(b), i.e., that the order "involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter."

Com. v. Thomas; 2680 EDA 2012; The Appellant’s petition for an extension of time to file briefs is Granted until February 22, 2013.

Com. v. Harmon; 373 EDA 2012; The Appellant’s Petition for an Extension of Time to file Briefs is Granted until February 15, 2013.

Com. v. White; 2738 EDA 2012; The Appellant’s pro se "Motion for Post-Judgement [sic] Discovery and Compulsory Production of Document ‘CD Recording’ by Subpoena Duces Tecum," the PCRA court is directed to certify and transmit, to the Prothonotary of this Court, the record, including all necessary and relevant documents, transcripts, and CDs to allow for a complete and judicious assessment of the issues raised on appeal, as well as the PCRA court’s Pa. R.A.P. 1925(a) opinion, no later than thirty (30) days from the date that this Order is filed.

Com. v. James; 2440 EDA 2011; The Commonwealth’s petition for an extension of time to file briefs is Granted until March 19, 2013. No further extensions will be granted.

Com. v. Edgefield; 1759 EDA 2011; The Commonwealth’s Petition for an Extension of Time to File Briefs is Granted until February 14, 2013. No further extensions will be granted.

Com. v. Garcia-Flores; 2048 EDA 2012; The "Petition of Appellant’s Counsel for Funds to Translate Petition for Leave to Withdraw as Counsel and Accompanying Correspondence" is denied without prejudice to counsel to file a bill of costs with the PCRA court for his representation of the Appellant.

Com. v. Brown; 1431 EDA 2012; The "Appellant’s Unopposed Motion for Correction of the Record," the trial court is directed to certify and transmit a supplemental record to this Court consisting of any omitted documents referenced in the Appellant’s motion within thirty days of the date that this Order is filed. The Prothonotary of this Court is directed to provide the trial court with a copy of the Appellant’s motion for reference purposes. The "Unopposed Application of Appellant for Enlargement of Time to File Brief for Appellant" is denied as moot since the Appellant’s brief was timely filed on January 16, 2013.

APPEALS FILED

Com. v. Vargas; 190 EDA 2013; from order of; Bucks Cty; No. CP-09-CR-0001710-2012; M. McDermott.

Bloemker v. Pollack; 189 EDA 2013; from order of; Phila Cty; No. 02955; K. Steinberg.

Com. v. Smith; 188 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0006875-2009; C. Sturm.

Com. v. Dejesus-Pagan; 187 EDA 2013; from order of; Lehigh Cty; No. 5436-2011; M. Brunnabend.

Wolf v. Kotsopoulos; 186 EDA 2013; from order of; Phila Cty; No. 004793; Marc Vogin.

Com. v. Brazzell; 185 EDA 2013; from order of; Lehigh Cty; No. 4347-2012.

Johnson v. Johnson; 184 EDA 2013; from order of; Phila Cty; No. 06-02143; H. Dimmerman.

Beale v. Clement; 183 EDA 2013; from order of; Chester Cty; No. 404111573; T. Wagner.

National Penn Bank v. Fenwick Commons II; 182 EDA 2013; from order of; Delaware Cty; No. 10-14155; M. Zaid.

Zarreii v. Angino; 181 EDA 2013; from order of; Phila Cty; No. 120900262; R. Angino.

Com. v. Peele; 180 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0013145-2011