Superior Court
OPINIONS FILED
May 12, 2011
Com. v. Romanski; 2514 EDA 2009; Vacated/Remanded, Comments: Remanded for a New Trial. Jurisdiction Relinquished. Colville J. Concur in Result.
Com. v. Knox; 3577 EDA 2009; Affirmed.
Leonardson v. Piper Aircraft, Inc.; 3616 EDA 2009; Affirmed. McEwen, P.J..E., Concur in Result.
Com. v. Melton; 3622 EDA 2009; Affirmed.
Com. v. Shamdis-Deen; 2015 EDA 2010; Affirmed.
Com. v. Cannon; 2105 EDA 2010; Affirmed.
Com. v. Griffin; 2312 EDA 2010; Affirmed.
Com. v. Heiserman; 2420 EDA 2010; Quashed.
Com. v. Smallwood; 2928 EDA 2010; Affirmed. Jurisdiction Relinquished.
ORDERS & DECREES
PER CURIAM
Com. v. Austin; 1092 EDA 2010; The application filed March 25, 2011, requesting reargument/reconsideration of the decision dated March 11, 2011, is Denied.
Tenner v. Com. Board of Probation & Parole; 52 EDM 2011; The Petitioner’s pro se "Petition Requesting Emergency Hearing" is Denied.
Com. v. Smith; 2362 EDA 2010; The Commonwealth’s Application for an Extension of Time to file a Brief is Granted until July 5, 2011 No further extensions will be granted.
Com. v. Thorpe; 1432 EDA 2010; Counsel having failed to file a Brief for Appellant, the appeal 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. Johnson; 1072 EDA 2010; Appeal is Dismissed for failure to file a brief
Nuyannes v. King; 1032 EDA 2011; This appeal has been taken from the March 14, 2011 order denying appellant’s motion for special relief to enforce discovery, compel production of interrogatories, impose sanctions and appellant’s failure to appear in the parties divorce action. 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 quash of this appeal without further notice.
Com. v. Brutley; 102 EDA 2011; The Appellant’s Petition for Extension of Time to file Brief is Granted until June 1, 2011.
Com. v. Pruitt; 2342 EDA 2010; The Commonwealth’s "Motion to Correct Omission 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 consisting of the omitted notes of testimony referenced in the 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 Commonwealth’s motion for reference purposes.
Com. v. Peifer-Vaughn; 1015 EDA 2011; The Appellant’s "Motion For Bail Pending Appeal," the trial court is directed to file an opinion stating the reasons for denying bail pending appeal, and provide the Prothonotary of this Court with a copy thereof, no later than twenty-one (21) days from the date that this Order is filed. The Prothonotary of this Court is directed to provide the trial court and the Honorable Michael F.X. Coil with copies of the Appellant’s motion and this Order. The Appellant’s "Emergency Application For Argument On Petition For Bail Pending Appeal" is Denied.
In The Interest of: A.H. Appeal of: A.H.; 2435 EDA 2008; Appellant’s petition for an extension of time within which to file his brief, is Granted. Appellant’s brief shall be filed on or before May 23, 2011.
Com. v. In The Interest of T.D. 765 EDA 2010;
Com. v. Percha; 735 EDA 2010;
Com. v. Lee; 2805 EDA 2010;
Mortgage Electronic Registration Systems, Inc. v. Hargrove, et al.; 3292 EDA 2010; Appellee’s second motion for extension of time within which to file its brief, is Granted. Appellee’s brief shall be filed on or before June 10, 2011.
Com. v. Buccieri; 3502 EDA 2010; The Appellant’s Petition for Extension of Time to file Brief is Granted until June 20, 2011
Com. v. Wells; 3300 EDA 2010; The Appellant’s petition for an extension of time to file briefs is Granted until June 23, 2011.
Schneller v. Schneller; 326 EDA 2011; The Court hereby Grants the motion to quash.
Com. v. Edwards; 1796 EDA 2010; Upon consideration of the Appellant’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 consisting of the omitted notes of testimony referenced in the motion within thirty days of the date that this Order is filed. The Prothonotaryof this Court is directed to provide the trial court with a copy of the Appellant’s motion for reference purposes. Upon consideration of the Appellant’s "Petition for Extension of Time for Filing Brief," the Appellant’s brief is due within sixty days of the date that this Order is filed.
Com. v. Shank; 2216 EDA 2010; The "Appellant’s Application For Relief Pursuant To PA.R.A.P. 123 In The Nature Of A Motion To Strike Appellee’s Letter Brief" and the Commonwealth’s response thereto, the Appellant’s application is hereby Deferred to the trial court for disposition. The trial court shall notify the Prothonotary of this Court of its determination of whether the "Moves Report" attached to the Commonwealth’s brief shall or shall not be included in the certified record, within thirty (30) days of the date that this Order is filed. TheProthonotary of this Court is directed to forward copies of this Order, the Appellant’s application, the Commonwealth’s answer, and the "Moves Report" contained in Exhibit A of the Commonwealth’s Appellee’s brief to the trial court and the Honorable Frank Palumbo.
Com. v. Bennett; 2561 EDA 2010; This Court’s Order of March 9, 2011 that no further extensions would be granted, the Commonwealth’s petition for a second extension of time to file briefs is Granted until May 27, 2011. No further extensions will be granted.
In Re: S.H. Appeal of: S.H.; 1391 EDA 2010; The Commonwealth’s petition for an extension of time to file briefs is Granted until July 11, 2011. No further extensions will be granted.
Com. v. Harper; 211 & 644 EDA 2010; The Commonwealth’s petition for an extension of time to file briefs is Granted until July 5, 2011 No further extensions will be granted.
Com. v. Rosario-Torres; 2281 EDA 2010; The Commonwealth’s petition for a second extension of time to file briefs is Granted until June 15, 2011. No further extensions will be granted.
In The Interest of: S.J., A Minor Appeal of: S.J., A minor; 2779 EDA 2010; The Commonwealth’s Petition for an Extension of Time to File Briefs is Granted until July 8, 2011. No further extensions will be granted.
Com. v. Holcomb; 2089 EDA 2010; The Appellant’s Petition for a Second Extension of Time to File Briefs is Granted until June 9, 2011.
Com. v. Koehler; 1763 EDA 2010; Appellant’s Motion for Extension to File Reply Brief is hereby Granted.1 As Appellant requested a two week extension from the original due date, the reply brief shall be filed no later than May 13, 2011.
In re: J.C., Jr. aka J.C. Appeal of: J.G., Mother; 999 EDA 2011; Review of these matters indicates that these appeals involve related parties and issues. Accordingly, the appeals at Nos. 999 and 1000 EDA 2011 are hereby Consolidated.
Com. v. Theodoropoulos; 1229 EDA 2011; 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 having been taken from a purported order which is not entered upon the appropriate docket of the lower court.
Favale v. Brown; 220 FDA 2011; The Appellant’s petition for an extension of time to file briefs is Granted until May 16, 2011.
Com. v. Clark; 1691 EDA 2010; The Commonwealth’s "Motion to Correct Omission 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 consisting of the omitted notes of testimony referenced in the 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 Commonwealth’s motion for reference purposes.
Com. v. Mann; 1581 EDA 2010; The Appellee’s "Motion To Quash" is deferred to the panel assigned to decide the merits of this appeal.
J.J. Deluca Company, Inc. v. Toll Naval Associates; 1054 EDA 2010;
Newman Development Group of Pottstown v. Genuardi’s Family Markets, Inc.; 744 EDA 2010; The motion of Newman Development Group of Pottstown, LLC to strike the application for leave to file amicus curiae brief in support of application for reconsideration by the panel or reargument en banc, is Granted. The applications of Newman Development Group of Pottstown, LLC to strike the applications of Genuardi’s Family Markets, inc. and Safeway, Inc., for leave to file reply in support of application for reconsideration or reargument en banc the Pennsylvania Bar Association for leave to file amicus brief in support of reargument en banc or panel reconsideration, are Denied.
Com. v. Marrero; 1861 EDA 2009; The motion for extension of time to file application for reargument is Granted. That the reargument petition shall be received on or before June 10, 2011.
Com. v. Wright; 2430 EDA 2010; The Appellant’s petition for an extension of time to file briefs is Granted until June 16, 2011. No further extensions will be granted absent good cause. Counsel’s busy schedule will not be considered good cause.
Liberty Mutual Ins. Co. v. Septa; 615 EDA 2011; The Petitions to Reinstate, the orders dated April 25 and April 27 are rescinded and the appeals are reinstated. The Prothonotary shall note on the docket of 615 the filing of the docketing statement with the motion. The Court notes that the receipt of the docketing statement at 616 is already noted on the docket as received on May 5.
Liberty Mutual Ins. Co. v. Septa; 615 EDA 2011; The Petitions to Reinstate, the orders dated April 25 and April 27 are rescinded and the appeals are reinstated. The Prothonotary shall note on the docket of 615 the filing of the docketing statement with the motion. The Court notes that the receipt of the docketing statement at 616 is already noted on the docket as received on May 5.
Thorne v. Arnold; 3295 EDA 2010; Appellant’s motion for reconsideration of this Court’s of April 8, 2011, is Denied.
Goldstein et al. v. Stonebridge Bank; 696 EDA 2010; The application filed March 21, 2011, requesting reargument of the decision dated March 8, 2011, is Denied.
Health Care & Retirement Corp. of America v. Pittas; 536 EDA 2011; Appellant’s motion for reconsideration of the April 26, 2011, order quashing this appeal is Granted. The appeal at No, 536 EDA 2011 is hereby Reinstated.
Lynch v. Lanza; 1546 EDA 2009; Appeal is Dismissed for failure to file a brief.
Com. v. Brennan; 3090 EDA 2010; The Commonwealth’s petition for an extension of time to file briefs is Granted until July 5, 2011 No further extensions will be granted.
Com. v. Ouch; 1171 EDA 2011; No. CP-51-CR0003878-2010;
U.S. Bank National Association v. Carey; 42 EDA 2010; The application filed March 17, 2011, requesting reargument of the decision dated March 3, 2011, is Denied.
Com. v. Mackie; 1427 EDA 2009; The Commonwealth’s petition for an extension of time to file briefs is Granted until July 8, 2011. No further extensions will be granted.
Com. v. Babcock; 3207 EDA 2009; AND NOW, this 11th day of May, 2011, the Petition to Withdraw Appearance filed by Anders & Masington, L.L.C. is Denied without prejudice to file said petition in the Court of Common Pleas of Pike County, as we have relinquished jurisdiction over this matter.
Com. v. Wallace; 3337 EDA 2010; The Appellant’s petition for an extension of time to file briefs is Granted until June 23, 2011.
Com. v. Kenney; 1637 EDA 2010; The Appellant’s petition for an extension of time to file briefs is Granted until July 15, 2011.
QRC Contracting Co. v. Fameco Management Co.; 727 EDA 2011; Appellant’s motion for reconsideration of this Court’s order granting appellee’s motion to quash this appeal.
Com. v. Shahadi; 2449 EDA 2010; The Commonwealth’s "Petition To Dismiss Appeal, Or In The Alternative, To Revise Briefing Schedule And Preclude Appellant From Oral Argument," and the Appellant’s response thereto, the Commonwealth’s petition is Denied. Thomas James Fieger, Jr., Esq. is hereby Ordered to serve one additional copy of the Appellant’s brief, as well as two copies of the reproduced record, on the Commonwealth, no later than ten (10) days from the date that this Order is filed. The Appellee’s brief shall be due sixty (60) days from the date that this Order is filed.
Com. v. Evans; 2309 EDA 2009; The Commonwealth’s Petition for an Extension of Time to File Briefs is Granted until July 5, 2011. No further extensions will be granted.
APPEALS FILED
Com. v. Nieves; 1274 EDA 2011; from order of; Phila Cty; No. CP-51-CR-00008 18-2008; K. Baker
Com. v. Venord; 1273 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0005152-2010; K. Baker.
Com. v. Bishop; 1272 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0001113-2010; K. Baker.
Com. v. Williams; 1271 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0001812-2009; K Baker.
Com. v. Meachum; 1270 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0014906-2007; K. Baker.
Com. v. Davis; 1269 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0012334-2010; K. Baker.
Com. v. Moody; 1268 EDA 2011; from order of; Phila Cty; No. MC-5 l-MD-0000083-2011; K. Baker.
In Re: Upset tax sale September 15, 2010 of Property located at 800 Avondale Road Wallingford, PA 19086; 1267 EDA 2011; from order of; Delaware Cty; No: 10-12766; S. Schukraft.
Com. v. Lepore; 1266 EDA 2011; from order of; Phila Cty; No. MC-51-CR-0047471-2010; H. Burns.
In Re. Estate of Rose Weiss; 1265 EDA 2011; from order of; Phila Cty; No.1463 DE of 2009.
Com. v. Robinson; 1264 EDA 2011; from order of; Phila Cty; No.CP-51-CR-1101751-1999; E. Raynor.
Com. v. Holland; 1263 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0907571-1996; D. Rudenstein.
Com. v. Wright; 1262 EDA 2011; from order of; Phila Cty; No. CP-51-cr-0710141-2000; D. Rudenstein.
Com. v. Jackson; 1261 EDA 2011; from order of; Phila Cty; No. CP # 51-CR-0012728-2010; F. Keaney.
Com. v. Williams; 1260 EDA 2011; from order of; Phila Cty; No.CP-51-CR-0012621-2007; S. Weaver.
Com. v. Green; 1259 EDA 2011; from order of; Phila Cty; No. CP# -51-CR-0004425-2010; A. Montroy.
Mason v. Deutsche Bank National Trust Company; 1258 EDA 2011; from order of; Pike Cty; No. 2352-2009; R. Mason.
Com. v. Phum; 1257 EDA 2011; from order of; Phila Cty; No. CP-5l-CR-0905901-2000; N. Scott.
Com. v. Cooper; 1256 EDA 2011; from order of; Phila Cty; No. CP-51-CR-1000871-2002; N Scott.
Com. v. Almodovar; 1255 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0700241-2003; N. Scott.
Com. v. Saunders; 1254 EDA 2011; from order of; Phila Cty; No. CP-51-CR-1220261-1993; N. Scott.
Estate of Regina Kirkland; 1253 EDA 2011;from order of; Phila Cty.
Com. v. Thomas;1252 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0013689-2009; M. Quinn.
Com. v. Ellis; 1251 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0006414-2009; F. Perri.
Com. v. Harvin; 1250 EDA 2011; from order of; Phila Cty; No.CP-51-CR-1107251-2004.
Com. v. John; 1249 EDA 2011; from order of; Buck Cty; 5715/2002.
Com. v. Maddrey; 1248 EDA 2011; from order of; Phila Cty; No. CP-46-CR-0008761-2009; T. Peter.
Com. v. Hook; 1247 EDA 2011; from order of; Phila Cty; No.09-03046; B. Hook.
Com. v. Carter; 1246 EDA 2011; from order of; Montgomery Cty; No. CP-46-CR-0003962-2010; T. Peter.
Com. v. Collins; 1245 EDA 2011; from order of; Phila Cty; No.CP-51-CR-0000315-2011; A. Collins.
Today’s Housing, Inc. v. Schleicher’s Mobile Home Sales,
Inc. 1244 EDA 2011; from order of; Carbon Cty; No. 08-0491; J. Gavin.
Com. v. Rowlett; 1243 EDA 2011; from order of; Phila Cty; No. 0408691-1996; G. Rowlett.
Com. v. Johnson; 1242 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0405152-2000.
Com. v. Cintron; 1241 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0236521 -1989; J. Cintron.
Burns v. Pizzeria; 1240 EDA 2011; from order of; Lehigh Cty; No. 2010-C-6240; R. Burns.
Com. v. Chin; 1239 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0015024-2009; R. Chin.
Mcleod v. Johnson; 1238 EDA 2011; from order of; Phila Cty; No. 000514498;
Estate of Viola Wyze Jones; 1237 EDA 2011; from order of; phila Cty; C Pease.
Bocko v. Pedersen; 1236 EDA 2011; from order of; Monroe Cty; No. 10954 CV 2010; D. Higgins.
Com. v. Bailey; 1235 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0600061-2005; D. Bailey.
In Re: Estate of Dorothy Torkos; 1234 EDA 2011; from order of; Northampton Cty; No. 2008-1622; S. Goudsouzian.
Reiner v. Fitzgerald; 1233 EDA 2011; from order of; Northampton Cty; C-48-CV-2003-5617;
In Re. Estate of Rose weiss; 1232 EDA 2011; from order of; Phila Cty; No. 1463 DE of 2009; M. Weiss.
Disimone v. Disimone; 1231 EDA 2011; from order of; Phila Cty; No. 10-09874; S. Levensten.
Pencell Plastics, Inc. v. Ruotolo et al.; 1230 EDA 2011; from order of; Bucks Cty; No. 2010-05657-27; J. Feldman.
Com. v. Theodoropoulos; 1229 EDA 2011; from order of; Northampton Cty; No.3080-2009; J. Morganelli.
Cooper v. Brenntag Northeast, Inc.; 1228 EDA 2011; No. 0911-4966; from order of; Phila Cty; 0911-4966; G. Chada.
Cooper v. Brenntag Northeast, Inc.; 1227 EDA 2011; from order of; Phila Cty; No. 0911-4966; G. Chada.