OPINIONS FILED & JUDGMENT ORDERS
April 8, 2013
Com. v. Gonzalez; 986 EDA 2011; Affirmed.
Com. v. Selby; 1313 EDA 2011; Appeal Dismissed; Associated: 1436 EDA 2011.
Com. v. Phillips; 2717 EDA 2011; Affirmed.
Com. v. Moore; 2940 EDA 2011; Affirmed.
Com. v. Togba; 3017 EDA 2011; Affirmed.
Com. v. Johnson; 3171 EDA 2011; Affirmed.
Com. v. Turner; 77 EDA 2012; Affirmed.
Com. v. Peterson; 1063 EDA 2012; Affirmed.
Com. v. McKnight; 1396 EDA 2012; Affirmed.
Com. v. Stone; 2210 EDA 2012; Affirmed.
T.D. v. A.H.; 2351 EDA 2012; Affirmed.
In the Interest of: T.M.T. Jr., a Minor; 2200 EDA 2012; Affirmed; Associated: 2201 EDA 2012.
ORDERS & DECREES
Honeywell v. Hess; 672 EDA 2013; In accordance with the order dated April 2, 2013 and in consideration of your filing of the required statement of errors complained of on appeal as order, the 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.
Oliver v. Tropiano Transportation and Philadelphia Parking Authority; 662 EDA 2013; The Philadelphia Parking Authority, in its new matter, invoked the Political Subdivision Tort Claims Act, 42 Pa. CS. ß 8541, et seq. Accordingly, the appeal at No. 662 EDA 2013 is hereby Transferred to Commonwealth Court. See Pa.R.A.P. 751; Brady Contracting Co. v. West Manchester Twp. Sewer Auth., 487 A.2d 894 (Pa. Super. 1985) (legislature vested exclusive appellate jurisdiction in Commonwealth Court in tort actions brought against a local government party, and such jurisdiction extends to all parties as long as at least one party is a local agency and the case is governed at least in part by the Political Subdivision Tort Claims Act, 42 Pa. C.S. ß 8541-8564), on transfer, 508 A.2d 1287 (Pa. Commw. 1986); 42 Pa1 CS. ß 762(a)(7).
Kerr v. Kerr; 512 EDA 2013; This appeal has been taken from the January 11, 2013 order denying appellant’s November 15, 2013 petition requesting transfer of venue of the parties’ custody case from Philadelphia County, Pennsylvania to Kent County, Michigan. This order is not final or appealable.
Com. v. Porrino; 952 EDA 2013; This appeal is transferred to the Commonwealth Court of Pennsylvania. See Pa.R.A.P. 751(a); In re One 1988 Toyota Corolla, 675 A.2d 1290 (Pa. Cmwlth. 1996).
Jones v. Francis; 392 EDA 2013; The March 8, 2013 correspondence from the Honorable Diane Thompson, appellant is hereby Ordered, by April 18, 2013 (in accordance with the relevant requirements of Pa.R.A.P 1925): To file a Statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925 in the trial court.
To serve the Statement on the trial judge and other parties, and To file a copy of the Statement with the Prothonotary of the Superior Court. Any issue not properly included in the Statement timely filed and served shall be deemed waived.
Com. v. Reid; 2165 EDA 2012; Having failed to file a Brief for Appellant, Appeal No. 2165 FDA 2012 is Dismissed. If counsel is court-appointed *, the trial court is directed to withhold counsel fees pertaining to this appeal. Counsel for appellant is directed to file with this court, within 10 days, a certification that the client has been notified of this dismissal. Failure to comply may result in referral to the Disciplinary Board.
Com. v. O’Hawk; 2914 EDA 2012; In light of the fact that Appellant’s counsel, Michael E. Brunnabend, Esq., has not attached to his petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), a letter to Appellant, informing him of his right to retain counsel or proceed pro se, counsel is directed to provide the Prothonotary of this Court with seven (7) copies thereof within ten (10) days of the date that this Order is filed.
Moore v. D.E. & S. Properties, Inc., etc.; 675 EDA 2013; This appeal has been taken from the January 15, 2013 non-jury trial decision; the defendant has filed timely post-trial motions, which are presently outstanding and a valid judgment has not been entered on the trial court docket pursuant to Pa.R.A.P, 301. A trial court’s order at the conclusion of a trial, whether the action is one at law or equity, cannot become final for purposes of appeal until the court decides any timely post-trial motions.
Adamo v. Boulevard Autogroup LLC; 676 EDA 2013; Kindly withdraw the within appeal in regards to the above captioned matter.
Com. v. Hill; The Commonwealth’s Petition for an Extension of time to file briefs is Granted until June 10, 2013. No further extensions will be granted.
Fasasi v. Adetona; 607 EDA 2013; Appellant’s petition to proceed in forma pauperis and without payment of bond, is Denied without prejudice to seek the requested relief in the trial court. See Pa.R.A.P. 551, 552, 553.
Com. v. Troutman; 827 EDA 2013; Appellant’s motion for permission to file a reduced number of copies is GRANTED. The appellant is directed to file an original and three copies of his appellate brief. The appellant is directed not to provide a reproduced record.
Com. v. Baynard; 3177 EDA 2012; The Commonwealth’s petition for an extension of time to file briefs is Granted until June 5, 2013. No further extensions will be granted.
Com. v. Dejesus-Pagan; 187 EDA 2013; The Appellant’s petition for an extension of time to file briefs is Granted until June 18, 2013.
Karpenko v. Leendertz; 2357 EDA 2012; Appellant’s Petition to Continue Oral Argument is denied, The Prothonotary is directed to reschedule this case for argument on May 14, 2013.
Haughton v. Hennie; 47 EDA 2012; Application to Convert the Memorandum Opinion to a Published Opinion, filed April 1, 2013, is hereby Denied.
Com. v. Gibson; 3207 EDA 2012; The Appellant’s "Petition To Correct Omission In The Record Pursuant To Pa. R. A. P. 1926," filed by the Defender Association of Philadelphia, the trial court is directed to certify and transmit a supplemental record to this Court containing the sentencing notes of testimony referenced in and attached to the Appellant’s petition, within twenty-one (21) days of the date that this Order is filed.
Com. v. Oliveras; 1257 EDA 2012; The "Commonwealth’s Motion to Strike Defendant’s Brief Because it Names the Minor Victim," the Appellant is directed to either redact the briefs on file to eliminate references to the minor victim’s name, or prepare replacement briefs that omit references to the minor victim’s name within thirty days of the date that this Order is filed.
Com. v. Brown; 3149 EDA 2012; The Appellant’s pro se "Application to Continue in In Forma Pauper/s Status" is granted. Upon consideration of the Appellant’s "Application for Writ of Mandamus," the PCRA court is directed to transmit the record, which was due on January 7, 2013, to this Court forthwith.
Com. v. Leburn-Williams; 638 EDA 2013; The "Motion of Appellant to Consohdate" these cases is granted.
Com. v. Kennedy-Charles; 2096 EDA 2012; The Appellant’s counseled "Application for Relief Pursuant to PA Rule Appellate Pro 123" [sic] and pro se "Motion to for Leave to Proceed from a Pro Se Standing," the trial court is directed to conduct an on-the-record determination as to whether the Appellant’s request to proceed pro se on appeal is knowing, intefligent, and voluntary 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 flied. The Prothonotary shall provide the trial court with copies of both motions for reference purposes. The existing briefing schedule is vacated pending the trial court’s determination.
Com. v. Jones; 3409 EDA 2012; The Appellant’s "Petition [To] Withdraw And Remand To Appoint Counsel," the appearance of James S. Bruno, Esq, is hereby Withdrawn, and the trial court is directed to appoint substitute counsel to represent Appellant in this appeal. The trial court shall notify the Prothonotary of this Court of the appointment within fourteen (14) days of the date that this Order is filed.
Com. v. Thomason; 3236 EDA 2011; The Appellant’s "Petition [To] Withdraw And Remand To Appoint Counsel," the appearance of James S. Bruno, Esq. is hereby Withdrawn, and the PCRA court is directed to appoint substitute counsel to represent Appellant in this appeal. The PCRA court shall notify the Prothonotary of this Court of the appointment within fourteen (14) days of the date that this Order is filed. The Commonwealth’s briefing schedule is Vacated, to be re-established by the Prothonotary of this Court upon the entry of substitute counsel’s appearance in this Court.
The Bank of New York v. Stafford; 1001 EDA 2013; from order of Phila Cty; No. 03327; J. Thomas.
Com. v. Dobrolenski; 1000 EDA 2013; from order of Delaware Cty; No. 933-1972.
Com. v. Carson; 999 EDA 2013; from order of Phila Cty; No. CP-51-CR-0810901-1998; N. Gelman.
Savage v. Hanna; 998 EDA 2013; from order of Lehigh Cty; No. 2005-FC-764.
Com. v. Berrien; 997 EDA 2013; from order of Lehigh Cty; No. 5458 of 2007.
JP Morgan Chase Bank, National Association v. Hipple; 996 EDA 2013; from order of Montgomery Cty; No. 2012-05788; J. Fox.
Com. v. Mason; 995 EDA 2013; from order of Lehigh Cty; No. CR-5702-2006.
Com. v. Alston; 994 EDA 2013; from order of Phila Cty; No. CP-51-CR-0609871-1990.
Com. v. Rios; 993 EDA 2013; from order of Phila Cty; No. CP-51-CR-1236891-1989.
Com. v. Manduzio; 992 EDA 2013; from order of Phila Cty; No. CP-51-CR-0013287-2012; K. Baker.