Superior Court

OPINIONS FILED & JUDGMENT ORDERS

January 22, 2013

In Re: P.W., Appeal of: P.W. a minor; 2364 EDA 2011; Quashed; Comments: With additional instructions.

Dickerson v. Weneorwicz; 744 EDA 2012; Appeal Dismissed.

Com. v. Lambert; 835 EDA 2012; Affirmed.

Com. v. Kitcherman; 1395 EDA 2012; Affirmed;

Comments: Jurisdiction relinquished.

ORDERS & DECREES

 

PER CURIAM

Com. v. Brisco; 2263 EDA 2011; It is Hereby Ordered. That the application filed November 30, 2012, requesting reargument of the decision dated November 16, 2012, is Denied.

Com. v. Muhammad; 2686 EDA 2012; The Appellant’s pro se "Motion for Relief" is denied.

In The Interest of: K.C. Appeal of: D.O., Father; 2841 EDA 2012; Appellant’s third motion for an extension of time within which to file his brief, is Granted. Since this matter has been designated as a ‘Children’s Fast Track" case, see Pa. R.A.P. 102, appellant’s brief shall be filed on or before January 31, 2013.

Com. v. Alton; 134 EDA 2007; The pro se "Appellant’s Request for Extension of Time to file Brief" is denied as moot since this Court’s December 26, 2012 Order vacated the Appellant’s briefing schedule.

Abeln v. Edelman; 3368 EDA 2012; Appellant’s motion to amend the caption of the notice of appeal, is Denied.

Com. v. Sampson; 3106 EDA 2012; The Appellant’s pro se "Motion for Ineffective Assistance of Counsel" and "Petition for Bail" are denied without prejudice.

Com. v. Steward; 814 EDA 2012; The Commonwealth’s "Motion To Correct Omissions In The Record Pursuant To Pa. R.A.P. 1926," the trial court is directed to certify and transmit a supplemental record to this Court containing the notes of testimony referenced in and attached to the Commonwealth’s motion, within twenty-one (21) days of the date that this Order is filed.

Com. v. Richardson; 2204 EDA 2012; The Appellant’s petition for an extension of time to file briefs is Granted until March 21st, 2013.

Amerisourcebergen Corporation v. Does; 2324, 2325 EDA 2012; Appellants’ motion for leave to file reproduced record under seal, is Granted.

Com. v. Petty; :3457 EDA 2012; The appellant has failed to file timely the docketing statement required by Pa. R.A.P. 3517. The appellant is directed to file the docketing statement with the Prothonotary of this court by February 1, 2013. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.

Com. v. Rosado; 3437 EDA 2012; The appellant has failed to file timely the docketing statement required by Pa. R.A.P. 3517. The appellant is directed to file the docketing statement with the Prothonotary of this court by February 1, 2013. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.

Com. v. Colon; 3427 EDA 2012; The appellant has failed to file timely the docketing statement required by Pa. R.A.P. 3517. The appellant is directed to file the docketing statement with the Prothonotary of this court by February 1, 2013. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.

Szymanski v. Dotey et al.; 3027 EDA 2012; Appeal has been taken from the order allegedly entered on the trial court docket on October 8, 2012. Review of the trial court docket indicates that an order was not entered on the trial court docket on this date.

Lykon v. Birt; 3416 EDA 2012; Appeal has been taken from the November 8, 2012 order. Review of the trial court docket indicates that no order was entered on this date. The appellant is directed to show cause as to why this appeal should not be quashed. This response is to be flied with this court within ten days with service upon all interested counsel. Failure to respond to this order within the time specified and as directed may result in quash of this appeal without further notice.

Neary, et al. v. Minner, et al.; 3142 EDA 2012; Appeal has been taken from the October 15, 2012 order finding appellants, defendants below, in contempt. Accordingly, appellants are directed to show cause as to the basis of this court’s jurisdiction over this matter. This statement is due within 10 days of the date of this order. Failure to respond to this Court’s directives may result in the quashal/dismissal of this appeal without further notice.

Arce v. Arce; 3172 EDA 2012; In accordance with the rule to show cause order dated December 20, 2012 and in consideration of your response that the spousal support portion of the October 10th order is final because there is no divorce petition pending; both the spousal and child support issues on appeal will be referred to the panel assigned to decide the merits of this appeal. Please note that this is not a final determination as to the propriety of the appeal.

Lykon v. Wymore; 3412 EDA 2012; The appellant has failed to file timely the docketing statement required by Pa. R.A.P. 3517, The appellant is directed to file the docketing statement with the Prothonotary of this court by February 1, 2013. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.

Com. v. Taylor; 3462 EDA 2012; The appellant has failed to file timely the docketing statement required by Pa. R.A.P. 3517. The appellant is directed to file the docketing statement with the Prothonotary of this court by February 1, 2013. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.

Com. v. Agyemen; 2432 EDA 2012; Appellant’s counsel, Stuart Michael Wilder, Esq., has filed a petition to withdraw as counsel and a "no merit" letter in this appeal. Appellant is advised that she may at this time tile a brief in response to counsel’s "no merit" letter pro se or hire private counsel to do so, within thirty (30) days of the date that this Order is filed. The Appellant’s failure to file a response to counsel’s "no merit" letter may be considered as a waiver of her right to present any additional issues to this Court. The Commonwealth’s brief shall be due sixty (60) days from the date that this Order is tiled.

Com. v. Pinto; 3222 EDA 2012; Appeal is hereby quashed as untimely filed on November 21, 2012 from the judgment of sentence imposed on September 12, 2012.

19th and Sansom Corp. v. Supreme Catering Services, Inc.; 3396 EDA 2012; The court having received a response to its order dated January 9, 2013, the rule is discharged and the appeal shall proceed. Counsel are advised that the issue may be revisited by the panel to be assigned to this case, and counsel should be prepared to address, in their briefs or at the time of oral argument, any concerns the panel may have concerning the issue.

Quattrocchi v. Mosher; 48 EDA 2013; Appeal has been taken from the November 27, 2012 order in allocated child support and APL. Accordingly, appellant is directed to show cause within ten (10) days of the date of this order as to why this appeal should not be quashed. Please respond in writing and copy all parties involved on your reply. Failure to respond to this directive may result in dismissal or quashal of this appeal without further notice.

Lykon v. Spuds, Inc., LLC; 3413 EDA 2012; Appeal has been taken from the November 8, 2012 order. Review of the trial court docket indicates that no order was entered on this date. The appellant is directed to show cause as to why this appeal should not be quashed. This response is to be filed with this court within ten days with service upon all interested counsel. Failure to respond to this order within the time specified and as directed may result in quash of this appeal without further notice.

Com. v. Moore; 2281 EDA 2012; Appeal, from the order denying a first PCRA petition, was filed pro se although the Appellant is proceeding in forma pauper/s and he was represented by counsel in the PCRA court proceedings. Accordingly, the PCRA court is directed to conduct an on-the-record determination as to whether the Appellant is proceeding pro se on appeal knowingly, intelligently, and voluntarily pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998), and to notify this Court of its determination within forty-five days of the date that this Order is filed.

Com. v. Vavra; 3411 EDA 2012; The appellant has failed to file timely the docketing statement required by Pa. R.A.P. 3517, The appellant is directed to file the docketing statement with the Prothonotary of this court by February 1, 2013. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.

Com. v. McIntyre; 2291 EDA 2012; In accordance with this Court’s Order of December 6, 2012 and in consideration of Appellant’s response, the issue raised by this Court’s Order will be referred to the panel assigned to decide the merits of this appeal and the issue will be considered by that panel.

Zarreii, et al.; v. Angino, et al.; 181 EDA 2013; Application of Monsour Michael Zarreii and Marilyn Zareii, for stay of Dauphin County Court litigation during this appeal, is Granted on a temporary basis. Richard C. Angino, Esquire and Angino & Rovner, P.C., are directed to file an answer to this motion on or before January 29, 2013, at which time this Court shall make a final determination on the .request for stay. The Prothonotary of this Court is directed to provide copies of this order to all counsel, the Honorable Idee Fox of the Philadelphia County Court of Common Pleas and the Honorable Bruce Bratton of the Dauphin County Court of Common Pleas.

APPEALS FILED

Com. v. Mann; 179 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0014477-2010.

Johnson v. Riddle Memorial Hospital; 178 EDA 2013; from order of; Delaware Cty; No. 1014122; A. Kramer.

Com. v. Graves; 177 EDA 2013; from order of; Northampton Cty; No. C-48-CR-228-1971.

Com. v. Jackson; 176 EDA 2013; from order of; Phila Cty; No. MC-51-MD-0000109-2013; C. Sopin.