COM. v. BANKS, 578 CAP (Pa. 10-23-2009)

989 A.2d 1

COMMONWEALTH OF PENNSYLVANIA, Appellant v. GEORGE E. BANKS, Appellee.

No. 578 CAP.Supreme Court of Pennsylvania, Eastern District.Submitted: July 1, 2009.
Decided: August 27, 2009. Reargument Denied: October 23, 2009.

Appeal from the Order of the Court of Common Pleas of Luzerne County entered on September 8, 2008, at Nos. 1290, 1506-1508, 1519A-1519H, 1520, and 1524 of 1982. In the Plenary Jurisdiction of this Court[1]

[1] The parties pose this matter as an “appeal” from the September 8, 2008 order below. In fact, this Court exercised plenary jurisdiction on December 1, 2004, and have retained such jurisdiction throughout. The “order” below effectively serves in the role of proposed findings for this Court, and the “appeal” as a challenge to those findings. For ease of exposition, however, we will employ the more familiar appellant/appellee nomenclature.

ORDER
PER CURIAM.

AND NOW, this 23rd day of October 2009, the Application for Reargument is DENIED. The trial court is directed to proceed in accordance with our prior orders as expeditiously as possible, and is not to delay the proceedings without prior authorization of this Court.