Superior Court

OPINIONS FILED AND JUDGMENT ORDERS

PER CURIAM

January 29, 2013

Com. v. Banks; 2454 EDA 2011; Affirmed.

Com. v. Green; 2941 EDA 2011; Affirmed.

Wallace, R. v. Feeney; 663 EDA 2012; Affirmed.

M.B. v. L.G.; 1064 EDA 2012; Affirmed.

R.L. v. G.L.; 1282 EDA 2012; Affirmed.

Com. v. Leggitt; 1325 EDA 2012; Affirmed.

Larmond, v. Tuckey; 1835 EDA 2012; Affirmed.

Com. v. Wheeler; 1969 EDA 2012; Affirmed; Comments: Jurisdiction relinquished.

ORDERS & DECREES

 

PER CURIAM

Com. v. Mann; 3493 FDA 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 8, 2013. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.

Com. v. Morrell; 448 EDA 2009; In light of this Court’s receipt of the January 23, 2013 letter from Elayne Bryn, Esq. to the Prothonotary Office of this Court, in which counsel states that the sentencing notes of testimony are "not available," that the said notes of testimony are "not material to the appellant’s argument," and in which counsel requests that a briefing schedule be established for Appellant, the December 2, 2009 and May 26, 2010 Orders of this Court, directing the court to certify and transmit a supplemental record to this Court consisting of the sentencing notes of testimony, are Vacated.

Quattrocchi v. Mosher; 48 EDA 2013; In accordance with the rule to show cause order dated January 23, 2013 and in consideration of your response, only the child support portion of the November 27, 2012 order will be referred to the panel assigned to decide the merits of this appeal. However, please note that this is not a final determination as to the propriety of the appeal.

Hunsberger v. Burchell; 3274 EDA 2012; It appearing that the within appeal is a Children’s Fast Track appeal as defined by Pa.R.A.P. 102, effecting custody, and the Appellant has not filed a Statement of errors complained of on appeal ("Statement") pursuant to Pa.R.A.P. 1925(a)(2) with the notice of appeal, and recognizing that the trial judge is not required, in a Children’s Fast Track appeal, to issue an order for such a Statement, Appellant is hereby Ordered, by February 7th (and in accordance with the relevant requirements of Pa.R.A.P 1925).

Noble v. Maldonado; 15 and 208 FDA 2013; These appeals have been taken from the November 26, 2012 order that sealed the notes of testimony of the in camera interview of the parties’ two children in this custody case and the December 17, 2012 amended order that super sealed the notes of testimony of the same in camera interview. These appeals appear to be interlocutory and not appealable. See Pa RA.P. 341(b)(1) (a final order is any order that disposes of all claims and of all parties).

Noble v. Maldonado; 208 FDA 2013; These appeals have been taken from the November 26, 2012 order that sealed the notes of testimony of the in camera interview of the parties’ two children in this custody case and the December 17, 2012 amended order that super sealed the notes of testimony of the same in camera interview.

Bennett v. Gibbs; 3293 EDA 2012; This appeal has been taken from the November 20, 2012 order directing appellant to deliver the minor child to the custody transfer location at 4:00 P.M. on Wednesday, November 21, 2012 or risk contempt and/or sanctions, including incarceration.

Bernie v. Chandra; 113 FDA 2013; This appeal taken from the orders of November 30, 2012 may be interlocutory and unappealable. An appeal will lie only from final order unless otherwise permitted by statute or rule.

Com. v. Williams; 3098 EDA 2012; The Appellant is directed to show cause, within fourteen days of the date that this Order is filed, why this appeal should not be quashed as untimely filed on October 25, 2012 from the judgment of sentence imposed on August 17, 2010.

Com. v. Kelly; 2636 EDA 2012; This Court’s order of January 17, 2013 remanding this appeal to the lower court to determine if counsel abandoned appellant is vacated. The Prothonotary is directed to accept for filing the briefs received on January 26, 2013. The Commonwealth brief shall be due no later than March 1, 2013.

Com. v. Lieberman; 3484 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 7, 2013. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.

Com. v. McCracken; 3295 EDA 2012; The Appellant is directed to show cause, within fourteen days of the date that this Order is flied, why this appeal should not be quashed as untimely filed on December 3, 2012 from the judgment of sentence imposed on September 26, 2012. Post-sentence motions were denied on October 15, 2012.

Com. v. D’Oliveira; 3265 EDA 2012; This appeal, from the judgment of sentence imposed on September 14, 2012, was filed pro se although the Appellant was represented by counsel at sentencing. Accordingly, the trial 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. Birk; 3185 EDA 2012; This appeal is hereby transferred to the Commonwealth Court of Pennsylvania. See 42 Pa.C.S. ß 762 (a)(4); see also Pa.R.A.P. 751(a).

Com. v. Soumare; 2556 EDA 2012; This appeal is hereby quashed as untimely tiled on September 13, 2012 from the order entered on July 30, 2012. See Pa.R.A.P. 105(b); Pa.R.A.P. 903(a).

L & W Supply Corporation, etc. v. Amin; 3082 EDA 2012; Review of these matters indicates that these appeals involve related parties and issues, Accordingly, the appeals at Nos, 3082 and 3083 EDA 2012, are hereby Consolidated.

APPEALS FILED

Walker v. Metro Auto Sales Inc.; 254 EDA 2013; from order of Phila Cty; No. 1343; M. Weisberg.

Com v. Garcia; 253 EDA 2013; from order of Lehigh Cty.; No. 3095/1998.

Com. v. Cooper; 252 EDA 2013; .

from order of Delaware Cty; No. CP-23-CR-0004425-11; C. Reynolds.

Com. v. Santos; 251 EDA 2013; from order of Lehigh Cty; No. 4603-2011.

Com. v. Cooper; 250 EDA 2013; from order of Delaware Cty; No. CP-23-CR-0004413-11; C. Reynolds.

E5 Solutions Group, LLC v. Grotenhuis; 249 EDA 2013; from order of Montgomery Cty; No. 2010-31397; P. Henigan.

Com. v. Snyder; 247 EDA 2013; from order of Lehigh Cty; No. CP-39-CR-0005533-2010.

Com. v. McAnally; 246 EDA 2013; from order of Bucks Cty.; No. CP-09-CR-0008055-2009; S. Wilder.