Superior Court
OPINIONS FILED & JUDGMENT ORDERS
PER CURIAM
December 31, 2023
Com. v. Levitt; 64 EDA 2023; Reversed/Remanded; Comments:
Jurisdiction relinquished.
Com. v. Lowery; 658 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Comments: Jurisdiction relinquished.; 2160 EDA 2023;
Affirmed; Comments: Jurisdiction relinquished.
Com. v. Lamotta; 2164 EDA 2023; Affirmed.
Jamal v. Ayo; 2589 EDA 2023; Affirmed.
Com. v. Ware; 2731 EDA 2023; Affirmed.
Sladek v. Canale; 3153EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Jordan v. Lynde; 234 EDA 2024; Affirmed/Vacated/Remanded;
Comments: Jurisdiction relinquished.
Foxfield at Naaman�s Creek v. Eventoff; 1017 EDA 2024;
Reversed; Comments: Jurisdiction relinquished.
Com. v. Frazier; 1911 EDA 2021; Application to Withdraw
as Counsel Granted; Pane Jurisdiction Retained; Comments: On remand, we direct
the PCRA court to appoint new counsel for Appellant within fourteen days of
this order. Within the fourteen-day period, the court of common pleas shall
provide this Court with a copy of this appointment order and an updated docket reflecting
entry of appearance of new counsel. New counsel shall, within thirty (30) days
of the date of this Order, also enter their appearance in this Court. Upon
entry of appearance by new counsel in this Court, this Court�s Prothonotary is
DIRECTED to send new counsel copy of Attorney Cigainero�s Turner/Finley brief.
New counsel shall have forty-five (45) days from the date entry of appearance
to file an advocate�s brief for Appellant or file a new application to withdraw
with a Turner/Finley brief. Petition to withdraw as counsel granted in favor of
the appointment of new counsel. Case remanded with instructions. Jurisdiction
retained.
Com. v. Fischer; 1050 EDA 2023; Affirmed.
December 30, 2023
Com. v. Kearns; 540 EDA 2023; Affirmed.
Com. v. Miller; 2798 EDA 2023; Affirmed.
Com. v. Messner; 3003 EDA 2023;
Affirmed/Vacated/Remanded; Comments: Petition to withdraw denied. Jurisdiction
relinquished.
Pummer v. Engelbrecht; 252 EDA 2024; Reversed/Vacated;
Comments: Jurisdiction relinquished.
In the Interest of: N.S. Appeal of: N.S; 945 EDA 2024;
Affirmed.
U.S. Bank v. Bazirganian; 1022 EDA 2024; Appeal
Dismissed; Comments: Appellee�s application to dismiss appeal granted. Appeal
dismissed. Jurisdiction relinquished.
Com. v. Bullock; 1053 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
December 28, 2023
Cardullo v. Cavella; 3138 EDA 2023; Affirmed.
Higgins v. Nationwide Affinity Ins; 752 EDA 2023;
Affirmed.
Kalili v. State Farm Fire and Casualty; 754 EDA 2023;
Affirmed.
December 27, 2023
Jiang v. MacBury; 1781 EDA 2023; Affirmed.
Com. v. Hicks; 2738 EDA 2023; Affirmed.
Com. v. Anderson; 1370 EDA 2022;
Affirmed/Vacated/Remanded; Comments: Jurisdiction relinquished.
Com. v. Williams; 1346 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Com. v. Woodson; 2168 EDA 2023; Vacated/Remanded;
Comments: Jurisdiction relinquished.
Com. v. Pack; 2727 EDA 2023; Affirmed.
Com. v. Bell; 100 EDA 2024; Affirmed.
Com. v. Emanuele; 265 EDA 2023; Affirmed.
In Re: J.P., Appeal of: F. P.; 635 EDA 2024; Affirmed.
December 23, 2023
Com. v. Thomas; 380 EDA 2023; Affirmed.
Com. v. Wynder; 1256 EDA 2023; Affirmed; Comments:
Jurisdiction Relinquished.
Com. v. Petit-Homme; 1862 EDA 2023; Affirmed.
Com. v. Watson; 1945 EDA 2023; Vacated/Remanded;
Comments: Jurisdiction Relinquished.
Com. v. Eskridge; 2204 EDA 2023; Affirmed/Vacated.
Com. v. Olivieri; 2494 EDA 2023; Vacated/Remanded;
Comments: Jurisdiction Relinquished; Comments: Jurisdiction Relinquished;
Associated: 2496 EDA 2023; Comments: Jurisdiction Relinquished.
Riverview Lofts Allentown v. Coyle; 294 EDA 2024;
Remanded Jurisdiction Retained; Comments: Tenant is directed to praecipe the
Prothonotary of Lehigh County for entry of judgment on the non-jury decision at
the appropriate docket of the trial court within 14 days of this decision. The
Prothonotary of Lehigh County shall thereafter return the record to this Court,
including certification that judgment has bee entered. Upon certification that
the judgment is entered, we shall treat the judgment as if it had been docketed
prior to Tenant filing his motion to strike the judgment and address the issues
raised on appeal.
December 20, 2023
Com. v. Matthews; 397 EDA 2023; Affirmed.
Com. v. Hall; 915 EDA 2023; Affirmed.
Com. v. Kornegay; 1332 EDA 2023; Affirmed.
Com. v. Harris; 2240 EDA 2023; Affirmed.
Meridian Bank v. Elverta Washington Sq.; 2241 EDA 2023;
Affirmed.
Com. v. Heleva; 2548 EDA 2023; Affirmed.
Com. v. Ortiz; 2898 EDA 2023; Vacated/Remanded; Comments:
Jurisdiction relinquished.; Associated: 2909 EDA 2023; Comments: Jurisdiction
relinquished.
Com. v. Worrell; 2980 EDA 2023; Affirmed.
Russ v. Herman Living, LLC; 47 EDA 2024; Appeal
Dismissed.
In the Int. of: O.S., Appeal of: C.S.; 930 EDA 2024;
Affirmed; Comments: Father�s appeal from goal change order dismissed;
Associated: 931 EDA 2024.; Comments: Father�s appeal from goal change order
dismissed.
In the Int. of: O.S., Appeal of: E.R.; 932 EDA 2024;
Father�s appeal from goal change order dismissed.; Associated: 933 EDA 2024;
Comments: Father�s appeal from goal change order dismissed.
Derbyshire v. Frankford Hospital; 1409 EDA 2023;
Affirmed.
O�Brien v. Beatty; 2969 EDA 2023; Affirmed.
OPINIONS FILED
PER CURIAM
January 13, 2025
STABILE, J.
King v. Kappa Sigma Fraternity; No. 55 MDA 2024; Appeal
from the Order Dated December 6, 2023 In the Court of Common Pleas of Luzerne
County Civil Division at No: 2021-01858; Order affirmed.
SULLIVAN, J.
Com. v Edward, Appellant; No. 1865 EDA 2023; Appeal from
the Judgment of Sentence Entered March 20, 2023 In the Court of Common Pleas of
Bucks County Criminal Division at No(s): CP-09-CR-0000999-2022; Judgment of
sentence affirmed.
January 10, 2025
McLAUGHLIN, J.
Lobos Management v. Powell; No. 247 WDA 2024; Appeal from
the Order Entered January 26, 2024 In the Court of Common Pleas of Allegheny
County Civil Division at No(s): LT-24-00050; Order reversed.
MURRAY, J.
Com. v. Snowden, Appellant; No. 402 WDA 2023; Appeal from
the Judgment of Sentence Entered March 8, 2023In the Court of Common Pleas of
Allegheny County Criminal Division at No(s): CP-02-CR-0005182-2022; Judgment of
sentence affirmed. Judges Bowes, Olson, Nichols, and King join the Opinion.
Judge Kunselman files a Concurring/Dissenting Opinion which P.J. Lazarus, Judge
Beck, and Judge Lane join.
PANELLA, P.J.E.
Com. v Williamson, Appellant; No. 79 MDA 2024; Appeal
from the Judgment of Sentence Entered December 19, 2023 In the Court of Common
Pleas of Cumberland County Criminal Division at No(s): CP-21-CR-0000014-2022;
Judgment affirmed.
January 3, 2025
PANELLA, P.J.E.
Erie Insurance Exchange v Baluch, Appellant; No. 58 MDA
2024; Appeal from the Order Entered January 3, 2024 In the Court of Common
Pleas of Cumberland County Civil Division at No(s): 2022-09153-0; Order
reversed.
ORDERS & DECREES
PER CURIAM
Com. v. Massey; 1277 EDA 2024; Appellant�s �Motion to
Correct Omissions 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 �Gagnon II
Summary for CP-51-CR-0002385-2017 dated 11/19/18,� referred to in Appellant�s
motion, a copy of which is attached to Appellant�s brief as Exhibit C, within
twenty-one (21) days of the date that this Order is filed.
Com. v. McIntyre; 354 EDA 2023; This case having been
remanded to the Superior Court by the Supreme Court of Pennsylvania with
instructions �to apply United States v. Rahimi, 144 S.Ct. 1889 (U.S. 2024),�
and the record now having been returned to the Superior Court; Appellant,
Johnathan Anthony Mclntyre, has 30 days from the date of this Order to file a
supplemental brief limited to the issue of application of United States v.
Rahimi, 144 S.Ct. 1889 (U.S. 2024), to this case. The Appellee, Commonwealth of
Pennsylvania, has 30 days upon receipt of the supplemental brief to file a
responsive brief. Neither the supplemental brief nor the responsive brief is
mandatory.
Com. v. Metts; 1407 EDA 2024; Appellant having failed to
file a Brief, the appeal is Dismissed.
Com. v. Walker, Jr.; 802 EDA 2024; The within appeal is
Dismissed for failure to file a brief.
Com. v. Boyd; 1502 EDA 2024; Appellant having failed to
file a Brief, the appeal is Dismissed.
Com. v. Morales; 2024 EDA 2024; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. Appellee�s Brief shall be filed on or before
January 30, 2025.
Com. v. K. L.; 2209 EDA 2024; The Commonwealth�s November
1, 2024 application for relief, wherein the Commonwealth seeks quashal of the
instant appeal on the basis that it is untimely filed, the following is hereby
Ordered: The application is Granted, and the instant appeal Is Quashed.
In The Interest Of: J.I., A Minor; 1968 EDA 2024;
Appellant counsel�s second request for an extension in which to file
Appellant�s brief, filed December 23, 2024, is Granted. Appellant�s brief shall
be filed on or before December 27, 2024. No further extensions shall be
granted. Appeal will be dismissed without further order of Court.
Xie v. All Unknown Occupants; 3164 EDA 2024; Pro se
Appellant, James Smith, appeals from the November 15, 2024 order that granted
the motion in lamina filed by Appellee, June Hong Xie, plaintiff below. The
order precluded Appellant from participating in the upcoming trial. The order
also precluded Appellant from filing any more motions, appeals, or other
pleadings in this ejectment action on behalf of the unknown occupants of the
subject property. In his docketing statement, Appellant contends that the order
is a final, appealable order.
In The Interest Of: H.W., A Minor; 3235 EDA 2024; Review
of these matters indicates that these appeals involve related parties and
issues. Accordingly, the appeals at Nos. 3235 EDA 2024, 3236 EDA 2024, and 3237
EDA 2024 are hereby Consolidated.
Com. v. Leibenstein; 2966 EDA 2024; According to the
trial court docket, on October 4, 2024, a Guity verdict was entered. On
November 4, 2024, Appellant filed a pro se notice of appeal. There is no
indication on the trial court docket that judgment of sentence has been
imposed. Upon consideration of this Court�s December 2, 2024 Order to show
cause why the appeal should not be quashed as interlocutory, and counsel for
Appellant�s letter addressed to this Court, dated November 22, 2024, and filed
with this Court on December 2, 2024, the above-captioned appeal is quashed as
interlocutory.
In The Interest Of: D.A.W.B., A Minor; 2678 EDA 2024;
This appeal was filed pro se by Mother from the September 12, 2024 Order that
terminated her parental rights as to Child. Docket review revealed that Charles
Andrew Rosenbaum, Esquire, was appointed to represent Mother by the trial
court. Counsel Rosenbaum failed to file the completed Docketing Statement as
ordered, therefore on December 13, 2024 this Court entered an order directing
Counsel Rosenbaum to file the completed Docketing Statement no later than
December 26, 2024 or respond as to why he has not abandoned his client. On
December 22, 2024, Counsel Rosenbaum filed a response, stating that during the
termination hearing Mother requested to represent herself and the trial court
granted her request. However, the trial court docket reveals that Counsel
Rosenbaum continues to represent Mother.
Com. v. Ross; 221 EDA 2024; That the application filed
October 23, 2024, requesting reargument of the decision dated October 10, 2024,
is Denied.
Com. v. Kula; 839 EDA 2024; The trial court dockets,
notices of appeal, and amended notices of appeal filed at the above-captioned
appeals, the above-captioned appeals are hereby consolidated. The appeal
docketed at 839 EDA 2024 is designated as the lead appeal. Both parties are
directed to list all Superior Court Docket Numbers in the caption of all future
filings with this Court, but all filings shall only be filed at 839 EDA 2024.
Stopyra v. Gilfillan; 3318 EDA 2024; This appeal has been
taken from the December 4, 2024 Order that denies Appellant�s Motion to Dismiss
Contempt Petition and directs that the Appellee�s Petition for Contempt and
Enforcement of the Parties Property Settlement Agreement (�PSA�) be relisted
for conference on December 12, 2024.
Com. v. Lee; 1298 EDA 2024; The application of Appellant,
Kyle T. Lee, for extension of time to file Brief the application is hereby
granted. No further extensions shall be granted absent extenuating
circumstances. Appellant�s Brief shall be filed on or before February 24, 2025.
Com. v. Wilkins; 2948 EDA 2023; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellee�s Brief shall be filed on or before
February 24, 2025.
In Re: J.J.H., A Minor; 3261 EDA 2024; Review of these
matters indicates that these appeals involve related parties and issues.
Accordingly, the appeals at Nos. 3261 EDA 2024 and 3262 EDA 2024 are hereby
Consolidated.
Com. v. Felder; 3055 EDA 2023; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellee�s Brief shall be filed on or before March
4, 2025.
In The Interest Of: O.M., A Minor; 3197 EDA 2024; Review
of these matters indicates that these appeals involve related parties and
issues. Accordingly, the appeals at Nos. 3197 EDA 2024 and 3198 EDA 2024 are
hereby Consolidated.
Com. v. Livingston; 1546 EDA 2023; Consideration of the
December 18, 2024 �Petition for an Extension of Time to File an Application for
Reargument,� filed by Counsel for Appellant Zaire Livingston, the Motion is
Granted. Appellant�s application for reargument is now due in this Court on or
before January 14, 2025.
Smith v. Coble; 3216 EDA 2024; Pro se Appellant, James
Smith, plaintiff below, appeals from the nonsuit entered on November 19, 2024,
in favor of Appellees, defendants below, and against Appellant. In a case where
a nonsuit is entered, an appeal properly lies from the judgment entered after
the denial of a motion to remove the nonsuit. Issues not raised in post-trial
motions are waived and cannot be raised for the first time on appeal. A review
of the trial court docket reveals that Appellant did not file a post-trial
motion to remove the nonsuit and judgment has not been entered.
Com. v. Holloman; 1588 EDA 2024; Appellant filed a PCRA
petition. On June 3, 2024, Appellant filed the instant pro se notice of appeal
stating he �appeals from the Order of the PCRA Court denying Relief...entered
on May 16, 2024.� However, there is no indication on the trial court docket
that an order was entered on May 16, 2024.
Com. v. Pacheco; 2204 EDA 2024; The �Appellant�s Third
Motion for Extension of Time to File Brief,� filed by the Commonwealth, the
application is hereby Granted. Appellant�s brief shall be filed on or before
January 6, 2025. No further extensions will be granted absent extenuating
circumstances.
Com. v. Bloomer; 1808 EDA 2024; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief the application is hereby granted. No further extensions shall be
granted absent extenuating circumstances. Appellee�s Brief shall be filed on or
before March 25, 2025.
Com. v. Freeman; 1007 EDA 2024; Consideration of the
application of Appellant, Bryan Robert Freeman, for extension of time to file
Brief the application is hereby granted. No further extensions shall be granted
absent extenuating circumstances. Appellant�s Brief shall be filed on or before
January 24, 2025.
Com. v. Jefferson; 2899 EDA 2023; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief the application is hereby granted. No further extensions shall be
granted absent extenuating circumstances. Appellee�s Brief shall be filed on or
before February 21, 2025.
Com. v. Holloman; 3086 EDA 2024; Consideration of the
notice of appeal, certified trial court record, and criminal docketing
statement filed in the above-captioned appeal, the existing briefing schedule
is hereby Vacated pending further Order of this Court.
Com. v. Sawyer; 2456 EDA 2024; Consideration of the
application of Appellant, Josephus Sawyer, for extension of time to file Brief
the application is hereby granted. No further extensions shall be granted
absent extenuating circumstances. Appellant�s Brief shall be filed on or before
February 24, 2025.
Smith v. Rodriguez; 2127 EDA 2023; Appellees� Application
to Publish December 3, 2024 Memorandum Decision is hereby Denied.
Toth v. AWR Commercial Window Co.; 146 EDM 2024;
Consideration of the December 19, 2024, �Application for Extension of Time to
Respond to Petition for Permission to Appeal,� docketed as �Application for
Extension of Time to File Non-Brief,� filed by Respondents Louis A. Toth and
Jolan Toth, the Application is Granted. Respondents� Answer to the December 13,
2024, Petition for Permission to Appeal shall be due on or before January 10,
2025.
Manna, T. v. Manna, K.; 2602 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Gudino; 2549 EDA 2024; Consideration of the
application of Appellant, Anthony O. Gudino, for extension of time to file
Brief the application is hereby granted, Appellant�s Brief shall be filed on or
before February 7, 2025.
Com. v. Brooks, M.; 2647 EDA 2024; Appeal is dismissed
for the failure of the appellant to comply with Pa.R.A.P 3517.
Manna, T. v. Manna, K.; 2606 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Anzalone; 2436 EDA 2024; Consideration of the
application of Appellant, John Andrew Anzalone, for extension of time to file
Brief the application is hereby granted. Appellant�s Brief shall be filed on or
before February 28, 2025.
Xie v. Xie; 1784 EDA 2024; Consideration of the December
19, 2024 �Application for Extension of Time to File Brief and Motion to Fix the
Defective] Records,� docketed as �Application for Extension of Time to File
Brief - Third Request,� filed by pro se Appellant, Xiaoming Xie, and in light
of this Court�s December 23, 2024 Order disposing of Appellant�s December 15,
2024 application for relief, the application is Denied as Moot.
Johnson v. Lvnv Funding, LLC; 1215 EDA 2024; Pro se Appellant
Nidirah Johnson, plaintiff below, seeks to appeal the April 3, 2024 order
granting the petition to open default judgment filed by Appellee LVNV Funding,
LLC, defendant below. The order appealed from is not a final order.
Pa.R.A.P.341(b)(1) (stating that final order disposes of all claims and all
parties). Moreover, only an order refusing to open, vacate, or strike off a
judgment is immediately appealable.
Com. v. Rainey; 2725 EDA 2024; Consideration of the
application of Appellant, Damien Rainey a/k/a Hassan Phillips, for extension of
time to file Brief the application is hereby granted. No further extensions
shall be granted absent extenuating circumstances. Appellant�s Brief shall be
filed on or before February 24, 2025.
Pisanchyn v. Minnesota Lawyers Mutual Insurance Company;
1479 EDA 2024; Consideration of the application of Appellee, Minnesota Lawyers
Mutual Insurance Company, for extension of time to file Brief the application
is hereby granted. No further extensions shall be granted absent extenuating
circumstances. Appellee�s Brief shall be filed on or before March 4, 2025.
Com. v. Rainey; 2726 EDA 2024; upon consideration of the
application of Appellant, Damien Rainey a/k/a Hassan Phillips, for extension of
time to file Brief the application is hereby granted. No further extensions
shall be granted absent extenuating circumstances. Appellant�s Brief shall be
filed on or before February 24, 2025.
Com. v. Rainey; 2724 EDA 2024; Consideration of the
application of Appellant, Damien Rainey a/k/a Hassan Phillips, for extension of
time to file Brief the application is hereby granted. No further extensions
shall be granted absent extenuating circumstances. Appellant�s Brief shall be
filed on or before February 24, 2025.
Girard Investment Partners v. Gerber; 3246 EDA 2024;
Consideration of the December 12, 2024 �Emergency Application for Stay,�
docketed as �Application for Emergency Relief,� filed by pro se Appellant Farin
Gerber, the application is Denied due to Appellant�s failure to analyze the
factors required to seek a stay pursuant to Pennsylvania Pub. Util. Comm�n v.
Process Gas Consumers Grp., 467 A.2d 805 (Pa. 1983) (holding petitioner seeking
stay must strongly show likelihood of prevailing on merits; that without
requested relief, petitioner will suffer irreparable injury; that issuance of
stay will not substantially harm other interested parties in proceedings; and
that issuance of stay will not adversely affect public interest).
Radzierez v. Kunkle; 1157 EDA 2024; Consideration of
Appellee�s November 25, 2024 �Application to Quash Appeal,� and noting no
response thereto, the application is Denied.
Com. v. Mowery; 2887 EDA 2024; I have hereunto set my
hand and the seal of said Court, at Philadelphia, this 16 December 2024.
Kia Motors America, Inc. v. U-Haul Moving and Storage;
2237 EDA 2024; Consideration of the application of Appellant, U-Haul Co. of
Pennsylvania, for extension of time to file Brief the application is hereby
granted. Appellant�s Brief shall be filed on or before February 20, 2025.
Com. v. Keeley; 2638 EDA 2024; Consideration of the
notice of appeal and docketing statement filed by pro se Appellant, Rita
Keeley, Appellant appeals from the August 28, 2024 order granting Appellee�s
petition for reasonable costs of care for animals seized from Appellant
pursuant to the Costs of Care of Seized Animals Act, 18 P.S. � 30.1 et seq.
Manna v. Manna; 2605 EDA 2024; This Court directed pro se
Appellant Kedecia Manna to show cause as to why this appeal from the Order
granting Appellee�s motion for summary judgment and directing Appellee to file
a statement with respect to the remaining claim should not be quashed as
interlocutory. Appellant did not respond to this Court�s show-cause Order.
Accordingly, the appeal is Quashed.
XIE v. XIE; 1784 EDA 2024; Consideration of the December
15, 2024 �Motion to Correct Defective Records and for Extension of Time to File
Appellant�s Brief,� docketed as �Application for Relief,� filed by pro se
Appellant, Xiaoming Xie, the following is Ordered. Appellant�s request
regarding corrections to the certified record is Denied without prejudice for
Appellant to seek the relief requested in the trial court.
In The Interest Of: M.R., A Minor; 2474 EDA 2024; The
�Application for Extension of Time in Which to File Brief�, filed December 19,
2024, by the Guardian ad litem on behalf of the Children, is Granted, in part.
Streamline Solutions, LLC, v. Trinh; 1741 EDA 2024;
Appellant�s �motion to modify or rescind, in the alternative to refile appeal,�
which this Court deems a subsequent application for reconsideration, is Denied.
Com. v. Otero-Ruiz; 1311 EDA 2024; Consideration of the
trial court dockets, notices of appeal, amended notices of appeal, and criminal
docketing statements filed at Docket Numbers 1311 EDA 2024, 2341 EDA 2024 and
2342 EDA 2024, the appeals are hereby Consolidated. The appeal docketed at 1311
EDA 2024 is designated as the lead appeal. Accordingly, all filings for these
consolidated appeals shall list 1311 EDA 2024, 2341 EDA 2024 and 2342 EDA 2024
in the caption but shall only be filed at 1311 EDA 2024. Appellant�s
consolidated brief shall be filed on or before February 3, 2025.
In The Interest Of: V.E.H., A Minor; 2284 EDA 2024;
Appellees� �Application For Extension of Time To File Brief�, filed December
20, 2024, is Granted, in part.
Newlin v. Vita Healthcare Group; 259 EDA 2024;
Consideration of the December 18, 2024 �Application for Extension of Time to
File Brief - Second Request� filed by Appellees/Cross-Appellants Imperial
Healthcare Group, LLC; BM Rehab and Nursing Center, LLC d/b/a Brinton Manor
Nursing and Rehabilitation Center; Vita Healthcare Group, LLC; and Brinton
Manor SNF, LLC f/d/b/a Brinton Manor Nursing and Rehab Center, the application
is Granted and the briefs of Appellees/Cross-Appellants shall now be due on or
before January 10, 2025.
HSBC Bank USA v. Nowicki; 2814 EDA 2024; Consideration of
the notice of appeal and docketing statement filed by pro se Appellants, Allan
J. Nowicki and Dianne M. Nowicki, Appellants appeal from the September 25, 2024
order denying their motion for reconsideration and listing the case for trial
and the October 3, 2024 order denying their motion for reconsideration of the
September 25, 2024 order.
Com. v. Gilliam; 212 EDA 2024; Consideration of the nunc
pro tunc application of Appellee, Commonwealth of Pennsylvania, for extension
of time to file Brief, the application is hereby Granted. Appellee�s Brief
filed December 20, 2024, is considered timely filed.
Com. v. Lanier; 54 EDA 2024; Consideration of the
Appellant�s �Petition for Twenty-One Day Extension of Time in Which to File
Appellant�s Reply Brief,� filed by Noah Kolbi-Molinas, Assistant Defender, the
application is hereby Granted. No further extensions will be granted.
Appellant�s reply brief shall be filed on or before January 8, 2025.
Com. v. Hawkins; 2089 EDA 2024; Consideration of the
�Commonwealth�s Petition for an Extension of Time to File Brief for Appellee,�
filed on December 17, 2024, the application is hereby Granted. Appellee�s Brief
shall be filed on or before January 31, 2025. No further extensions will be
granted absent extenuating circumstances.
Com. v. Lopez; 439 EDA 2024; Consideration of the nunc
pro tunc application of Appellee, Commonwealth of Pennsylvania, for extension
of time to file Brief, the application is hereby Granted. Appellee�s Brief
filed December 13, 2024, is considered timely filed.
Com. v. Saunders; 2464 EDA 2024; Appellant�s application
for an extension of time to file docketing statement is Granted. Appellant�s
criminal docketing statement filed December 10, 2024, is considered timely
filed.
Cassani v. Olga Sofia Kamiak; 2901 EDA 2024; This appeal
has been taken from the September 26, 2024 Order, entered on the trial court
docket pursuant to Pa. R.Civ.P. 236 on September 27, 2024 (�September 27th
Order�) that denied Appellant�s petition for recusal of the trial court judge.
On November 19, 2024, a show cause was entered directing a response as to
underlying matter and whether the September 27th Order was a final order in the
matter.
Prah-Ruger v. Ruger; 1715 EDA 2024; This appeal was
dismissed for failure to file the Appellant brief no later than November 4,
2024, and Orders entered on October 21, 2024, November 15, 2024, and, November
22, 2024 that in total denied six of Appellant�s applications to supplement the
certified record, Appellant�s �Application for Reconsideration�, filed November
29, 2024, requesting again that the trial court record be supplemented is
Denied.
Pimentel v. Crawford; 2658 EDA 2024; Consideration of the
December 5, 2024, �Motion To Reconsider Based On Violation Of Due Process
Rights Under The Fourteenth Amendment,� docketed as �Application for
Reconsideration,� filed by pro se Appellant Darren Crawford, the application is
Denied.
Com. v. Rodriguez-Ayala; 2265 EDA 2024; Consideration of
Appellant�s November 23, 2024 �Application For Relief,� filed by Walter C.
Chisholm, Esq., the application is Dismissed as moot, in light of the fact that
paper copies of Appellant�s brief were received by this Court on December 2,
2024.
In The Interest Of: V.E.H., A Minor; 2284 EDA 2024; This
is an appeal taken from an August 1, 2024 Order that denied Appellants�
Petition for Adoption and granted the Petition for Adoption filed by N.R. and
B.R.
Com. v. Grazulis; 2547 EDA 2024; Appellant�s December 18,
2024 application to reinstate appeal is Granted. This Court�s December 16, 2024
Dismissal Order Is Vacated, And The Above-Captioned Appeal Is Reinstated.
Mazer v. Cornbluth; 1039 EDA 2024; This Court issued an
order staying this appeal and remanding this matter to the trial court for the
filing of a supplemental Pa.R.A.P. 1925(a) Opinion by the Honorable Judge Gail
A. Weilheimer. In its Order, this Court further directed the trial court to
retransmit the certified record for this appeal within sixty (60) days of the
docketing of the Pa.R.A.P. 1925(a) Opinion by Judge Weilheimer.
Com. v. Harper-El; 1796 EDA 2023; Appellant�s December
12, 2024 application to reinstate appeal is Granted. This Court�s December 9,
2024 dismissal Order is Vacated, and the above-captioned appeal is Reinstated.
N.E.G. v. J.Z.M.; 2078 EDA 2024; Appellant Counsel�s
�Application to Amend�, filed December 15, 2024, and Appellee Counsel�s
Response, filed December 17, 2024, it is hereby Ordered. The �Application to
Amend�, filed December 15, 2024, is Granted. The Prothonotary of this Court is
directed to STRIKE Appellant�s brief filed on December 2, 2024.
Gold v. Prasad; 3171 EDA 2024; Pro se Appellants,
Anuradha Prasad and Rajesh Kumar, defendants below, appeal from the November 6,
2024 order that denied without prejudice the emergency petition for injunctive
relief filed by Appellee, Andrew Gold, plaintiff below. In the order, the trial
court explains that it denied Appellee�s petition without prejudice �for want
of direct evidence that either or both [Appellants] unreasonably interfered
with [Appellee�s] use of the subject driveway.�
In The Interest Of: V.E.H., A Minor; 2284 EDA 2024; This
is an appeal taken from an August 1, 2024 Order that denied Appellants�
Petition for Adoption and granted the Petition for Adoption filed by N.R. and
B.R.
Bruce v. Ribbon Factory Lofts, LLC; 2038 EDA 2024;
Consideration of the application of Appellant, Michelle Bruce, for extension of
time to file Brief the application is hereby granted. No further extensions
shall be granted absent extenuating circumstances. Appellant�s Brief shall be
filed on or before March 24, 2025.
Somerlot v. Soon Jung; 2578 EDA 2024; Consideration of
the application of Appellant, Saramari Somerlot and Ryan Dufresne, for extension
of time to file Brief the application is hereby granted. Appellant�s Brief
shall be filed on or before February 13, 2025.
Saint Vladimir Ukrainian Orthodox Church of Philadelphia
v. Saunders; 774 EDA 2024; Consideration of the application of Appellee, Saint
Vladimir Ukrainian Orthodox Church of Philadelphia, for extension of time to
file Brief the application is hereby granted. No further extensions shall be
granted absent extenuating circumstances. Appellee�s Brief shall be filed on or
before January 21, 2025.
Com. v. Miller, Jr.; 2905 EDA 2024; This appeal has been
taken from the October 17, 2024 Final Protection From Abuse Order (�PFA
Order�). Review reveals that on November 12, 2024 the trial court granted
Appellee�s petition to vacate the October 17th PFA Order. However, in
contravention of the Rules of Court the November 12th Order also directed that
the �Appeal of the PFA Order is now moot and is dismissed.� The trial court is
without jurisdiction to dismiss an appeal filed with the Superior Court.
Com. v. Cottrell; 3297 EDA 2024; In light of the fact
that on December 5, 2024, counsel for Appellant filed a notice of appeal from
the judgment of sentence imposed on July 15, 2024, at Appeal Docket 3297 EDA
2024, and on December 6, 2024, counsel for Appellant filed a notice of appeal
from the judgment of sentence imposed on July 15, 2024, at Appeal Docket 3298
EDA 2024, Appellant is directed to show cause, in a response filed of record in
this Court, within ten days of the date that this Order is filed, why the
above-captioned notice of appeal should not be dismissed as duplicative of the
notice of appeal docketed at 3298 EDA 2024. Failure to respond to this
directive may result in dismissal of this appeal without further notice.
Com. v. Bloomer; 1808 EDA 2024; Appellant�s application
for a third extension of time to file briefs is Granted. Appellant�s brief
filed on December 4, 2024, is considered timely filed.
Com. v. Bloomer; 1807 EDA 2024; Appellant�s application
for a third extension of time to file briefs is Granted. Appellant�s brief and
reproduced record, filed on December 16, 2024, are considered timely filed.
In The Interest Of: U.G., A Minor Appeal Of: K.V.,
Mother; 2617 EDA 2024; The untimely �Application for Extension of Time to File
Brief�, filed by the Guardian Ad Litem on behalf of the Children on December
30, 2024 is hereby Denied.
Com. v. Miller; 1279 EDA 2024; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief,
the application is hereby Granted. No further extensions will be granted.
Appellee�s Brief shall be filed on or before January 10, 2025.
Com. v. Rhone; 2735 EDA 2023; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief,
the application is hereby Granted. No further extensions will be granted.
Appellee�s Brief shall be filed on or before January 10, 2025.
Com. v. Foster; 2153 EDA 2024; The application of
Appellant, Jill M. Foster, for extension of time to file Brief the application
is hereby granted in part. No further extensions shall be granted absent
extenuating circumstances Appellant�s Brief shall be filed on or before January
24, 2025.
Com. v. Gatewood; 2401 EDA 2024; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellee�s Brief shall be filed on or before March
6, 2025.
Com. v. Johnson; 498 EDA 2024; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellee�s Brief shall be filed on or before
February 28, 2025.
In The Interest Of: S.K., A Minor Appeal Of: Chester
County Department Of Children, Youth And Families; 1358 EDA 2024; The
application, filed by guardian A.M., to convert the non-precedential decision
in this matter to a precedential opinion is hereby Granted. The memorandum is hereby
withdrawn.
Com. v. Morris; 1765 EDA 2024; The application of
Appellant, Richard Morris, for extension of time to file Brief the application
is hereby granted. No further extensions shall be granted absent extenuating
circumstances. Appellant�s Brief shall be filed on or before February 28, 2025.
Com. v. Johnson; 649 EDA 2024; the application of
Appellant, Terrence Johnson, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellant�s Brief shall be filed on or before
January 31, 2025.
Brown v. Sethna; 2869 EDA 2024; The application of
Appellant, Richard S. Brown, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
January 29, 2025.
Com. v. Walker; 853 EDA 2024; Appellant�s December 23,
2024 Application for Extension of Time to File a Reply Brief, the application
is hereby Granted. Accordingly, pro se Appellant�s reply brief filed on
December 23, 2024 is hereby accepted as timely filed.
Com. v. Deboise; 3095 EDA 2024; Appellant�s pro se
�Application to File Fewer Copies of Brief,� Appellant shall be permitted to
file one (1) original and three (3) copies of his Appellant�s brief. In
addition, Appellant shall serve one (1) copy of the Appellant�s brief on the
Commonwealth.
Midfirst Bank v. Piccioni; 2596 EDA 2024; Consideration
of the December 25, 2024 �Application for Extension of Time to File Response�
filed by pro se Appellant and docketed as �Application for Extension of Time to
file Non-Brief,� the application is Granted. Appellant�s response to this
Court�s November 26, 2024 show-cause order is now due on or before January 6,
2025.
Com. v. Harley; 1988 EDA 2024; The application of
Appellant, Juvelle Harley, for extension of time to file Brief the application
is hereby granted. No further extensions shall be granted absent extenuating
circumstances. Appellant�s Brief shall be filed on or before February 28, 2025.
Clemmons v. Lehr; 1426 EDA 2024; The application of
Appellee, Randy Lehr, and Ecore International, Inc., for extension of time to
file Brief the application is hereby granted. No further extensions shall be
granted absent extenuating circumstances. Appellee�s Brief shall be filed on or
before February 3, 2025.
Jacob Singer and Concord Village, LP v. Fitler Commons
LP; 2484 EDA 2024; The application of Appellant, Jacob Singer and Concord
Village, LP, for extension of time to file Brief the application is hereby
granted. No further extensions shall be granted absent extenuating
circumstances. Appellant�s Brief shall be filed on or before March 22, 2025.
Com. v. Reyes; 1307 EDA 2024; Consideration of
�Appellant�s Second Application for Extension of Time to File Brief,� filed by
Zak T. Goldstein, Esquire, Appellant�s application is hereby Granted.
Appellant�s brief is due on or before January 22, 2025. No further extensions
will be granted absent extenuating circumstances.
Com. v. Cooper; 987 EDA 2024; The trial court docket, on
January 9, 2024, the PCRA court denied the PCRA petition. (See Document #62 in
the certified trial court record). On March 28, 2024, the trial court entered a
second order dismissing the PCRA petition. On April 1, 2024, counsel for
Appellant filed a notice of appeal from the March 28, 2024 PCRA order.
Big Bite Real Estate, LLC v. Ilera Holdings, LLC; 3207
EDA 2024; Appellants, defendants below, appeal from the judgment entered on
October 31, 2024. This Court notes that Appellants filed a separate appeal from
the October 1, 2024 order that denied Appellants� motion for post-trial relief.
That appeal was docketed at 2906 EDA 2024. Orders denying post-trial motions
are interlocutory and not ordinarily appealable.
Big Bite Real Estate, LLC v. Ilera Holdings, LLC; 3206
EDA 2024; Appellants, defendants below, appeal from the judgment entered on
October 31, 2024. This Court notes that Appellants filed a separate appeal from
the October 1, 2024 order that denied Appellants� motion for post-trial relief.
That appeal was docketed at 2906 EDA 2024. Orders denying post-trial motions
are interlocutory and not ordinarily appealable. Accordingly, the appeal at
3206 EDA 2024 is Dismissed as duplicative. All properly preserved issues sought
to be raised in the appeal at 3206 EDA 2024 may be raised in the appeal at 2906
EDA 2024. This Order is not a determination as to the propriety of the appeal
docketed at 2906 EDA 2024.
Com. v. Thomas; 1133 EDA 2024; The second application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file brief,
the application is hereby Granted. No further extensions will be granted absent
extenuating circumstances. Appellee�s brief shall be filed on or before January
29, 2025.
Haynes v. Joseph Tan; 2272 EDA 2024; Consideration of the
notice of appeal filed by pro se Appellant Eli Jay Haynes, Appellant seeks to
appeal from the order he asserts was entered July 29, 2024. Docket entries fail
to demonstrate the entry of any order on this date by the trial court.
Appellant�s docketing statement further indicates he seeks to appeal from the
judgment or order entered April 8, 2024, however, trial court docket entries
again fail to demonstrate the entry of any order on this date. Accordingly,
Appellant is directed to show cause, in a response filed of record in this
Court with a copy to opposing counsel, as to why the appeal should not be
quashed. The response shall be filed within fourteen (14) days of the date of
this Order. Failure to comply with this Order may result in quashal of the
appeal without further notice.
Com. v. Cooper; 988 EDA 2024; The trial court docket, on
January 9, 2024, the PCRA court denied the PCRA petition. (See Document #49 in
the certified trial court record). On March 28, 2024, the trial court entered a
second order dismissing the PCRA petition. On April 1, 2024, counsel for
Appellant filed a notice of appeal from the March 28, 2024 PCRA order.
Boyer v. Friends; 2348 EDA 2024; Consideration of the
November 22, 2024 �Application for Reconsideration of Order� filed by Appellant
Barclay Friends, and noting the joinder in the application by Appellee Johnson
Controls Fire Protection, LP, the application for reconsideration is Denied.
Boyer v. Friends; 2188 EDA 2024; Consideration of the
November 22, 2024 �Application for Reconsideration of Order� filed by Appellant
Barclay Friends, and noting the joinder in the application by Appellee Johnson
Controls Fire Protection, LP, the application for reconsideration is Denied.
Boyer v. Friends; 2188 EDA 2024; Consideration of the
November 26, 2024 �Application for Reconsideration of Order� filed by Appellant
Barclay Friends, and noting the joinder in the application by Appellee Johnson
Controls Fire Protection, LP, the application for reconsideration is Denied.
Com. v. Ambrose; 2568 EDA 2024; The application of
Appellant, Jaron Ambrose, for extension of time to file Brief the application
is hereby granted. No further extensions shall be granted absent extenuating
circumstances. Appellant�s Brief shall be filed on or before January 17, 2025.
Hawkins v. Hawkins; 3181 EDA 2024; Consideration of the
notice of appeal and docketing statement filed by Appellant Stephanie Hawkins,
Appellant purports to appeal from the November 8, 2024, order denying her
motion for post-trial relief. Orders granting or denying post-trial motions are
interlocutory and not ordinarily appealable. Accordingly, Appellant is Directed
to praecipe the trial court Prothonotary to enter judgment on the decision of
the trial court. Appellant is further Directed to file with the Prothonotary of
the Superior Court within fourteen (14) days of the date of this Order a
certified copy of the trial court docket reflecting the entry of the judgment.
Failure to comply with the directives in this Order may result in the appeal
being dismissed without further notice.
Com. v. Pagan; 551 EDA 2024; Consideration of the pro se
notice of appeal which states the appeal is �from the order denying
Petitioner�s August 22, 2022 pro se PCRA petition,� and in light of the fact
that there is no trial court docket entry for an August 22, 2022 PCRA petition,
nor is there a trial court docket entry indicating an order was entered denying
an August 22, 2022 PCRA petition, Appellant is directed to show cause, in a
response filed of record in this Court, within ten (10) 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.
Boyer v. Friends; 2293 EDA 2024; Consideration of the
November 26, 2024 �Application for Reconsideration of Order� filed by Appellant
Johnson Controls Fire Protection, LP, the application for reconsideration is
Denied.
Boyer v. Friends; 2189 EDA 2024; Consideration of the
November 22, 2024 �Application for Reconsideration of Order� filed by Appellant
Barclay Friends, and noting the joinder in the application by Appellee Johnson
Controls Fire Protection, LP, the application for reconsideration is Denied.
Boyer v. Friends; 2189 EDA 2024; Consideration of the
November 26, 2024 �Application for Reconsideration of Order� filed by Appellant
Johnson Controls Fire Protection, LP, the application for reconsideration is
Denied.
Boyer v. Friends; 2292 EDA 2024; Consideration of the
November 26, 2024 �Application for Reconsideration of Order� filed by Appellant
Johnson Controls Fire Protection, LP, the application for reconsideration is
Denied.
Boyer v. Friends; 2187 EDA 2024; Consideration of the
November 22, 2024 �Application for Reconsideration of Order� filed by Appellant
Barclay Friends, and noting the joinder in the application by Appellee Johnson
Controls Fire Protection, LP, the application for reconsideration is Denied.
Com. v. Sarnor; 2585 EDA 2024; The application of
Appellant, Commonwealth of Pennsylvania, for extension of time to file Brief
the application is hereby granted. No further extensions shall be granted
absent extenuating circumstances. Appellant�s Brief shall be filed on or before
March 4, 2025.
Com. v. Best; 2405 EDA 2024; The application of
Appellant, Jeffrey Best, for extension of time to file Brief the application is
hereby granted. No further extensions shall be granted absent extenuating
circumstances. Appellant�s Brief shall be filed on or before March 3, 2025.
Dingle v. Dingle; 2345 EDA 2024; The application of
Appellant, Jeffrey Allen Dingle, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
January 29, 2025.
Com. v. Dingle; 2455 EDA 2024; The application of
Appellant, Anthony Dingle, for extension of time to file Brief the application
is hereby granted. No further extensions shall be granted absent extenuating
circumstances. Appellant�s Brief shall be filed on or before February 28, 2025.
CVS Pharmacy, Inc. v. The City Of Philadelphia; 3093 EDA
2024; The application of Appellant�s extension of time to file brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
February 26, 2025.
Lorent v. Lorent; 2630 EDA 2024; Consideration of the
November 25, 2024, �Application for Stay,� docketed as �Application to Stay,�
filed by Appellant Margaret A. Lorent, and noting no response thereto, the
Application is Denied.
Williams v. Obermayer Rebmann Maxwell & Hippel LLP;
2846 EDA 2024; Application for Reconsideration of this Court�s December 9,
2024, Order quashing the appeal, filed by Appellants Kevin A. Williams; Mark S.
Williams; Dominion Management of Delaware, Inc.; and Dominion Management
Services, Inc.; the Application for Reconsideration is Denied.
Bonilla v. Graaf; 2808 EDA 2024; Consideration of the
December 20, 2024, �Letter of Reconsideration of Squash Docket 2808 EDA 2024,�
docketed as �Application for Reconsideration of Order,� filed by pro se
Appellant Jericho Blackheart, requesting reconsideration of the December 6,
2024, Order quashing the appeal, the December 20, 2024, Application for
Reconsideration is Denied.
Moore v. Hernandez; 2227 EDA 2024; The application of
Appellant, Mark Hernandez, for extension of time to file Brief the application
is hereby granted in part. No further extensions shall be granted absent
extenuating circumstances. Appellant�s Brief shall be filed on or before
January 13, 2025.
Com. v. Felix; 2594 EDA 2024; Appellant�s November 25,
2024 �Application For Extension Of Time To File Docketing Statement,� filed by
Matthew J. Deschler, Esquire, the application is hereby Granted. The Pa.R.A.P.
3517 docketing statement is due by January 10, 2025. Failure to file the
docketing statement by that date will lead to an order dismissing the appeal.
Com. v. Felix; 2592 EDA 2024; Appellant�s November 25,
2024 �Application For Extension Of Time To File Docketing Statement,� filed by
Matthew J. Deschler, Esquire, the application is hereby Granted. The Pa.R.A.P.
3517 docketing statement is due by January 10, 2025. Failure to file the
docketing statement by that date will lead to an order dismissing the appeal.
Com. v. Felix; 2591 EDA 2024; Appellant�s November 25,
2024 �Application For Extension Of Time To File Docketing Statement,� filed by
Matthew J. Deschler, Esquire, the application is hereby Granted. The Pa.R.A.P.
3517 docketing statement is due by January 10, 2025. Failure to file the
docketing statement by that date will lead to an order dismissing the appeal.
Com. v. Chapman; 3027 EDA 2024; The trial court dockets,
notice of appeal, and amended notices of appeal in the above-captioned appeals,
the above-captioned appeals are hereby consolidated. The appeal docketed at
3027 EDA 2024 is designated as the lead appeal. Both parties are directed to
list all Superior Court Docket Numbers in the caption of all future filings
with this Court, but all filings shall only be filed at 3027 EDA 2024.
Com. v. Felix; 2595 EDA 2024; Appellant�s November 25,
2024 �Application For Extension Of Time To File Docketing Statement,� filed by
Matthew J. Deschler, Esquire, the application is hereby Granted. The Pa.R.A.P.
3517 docketing statement is due by January 10, 2025. Failure to file the
docketing statement by that date will lead to an order dismissing the appeal.
Watson v. Drayton; 2576 EDA 2024; Consideration of the
notice of appeal and the docketing statement filed by Appellants Jasmine,
Darryl, and Angelo M. Drayton, defendants below, Appellants purport to appeal
from the June 26, 2024 writ of possession. Accordingly, Appellant is directed
to show cause, in the form of a letter addressed to the Prothonotary of this
Court with a copy to opposing counsel, as to why the appeal should not be
quashed for untimeliness or dismissed due to waiver. The letter shall be
transmitted so as to be actually received by the Prothonotary of this Court
within fourteen (14) days of the date of this Order. Failure to comply with
this Order may result in quashal or dismissal of the appeal without further
notice.
Com. v. Persico; 2025 EDA 2024; Appellant�s second
�Application for Extension of Time to File Brief/� filed by Robert M. Buttner,
Esquire, the application is hereby Granted. Appellant�s brief is due on or
before January 22, 2025. No further extensions will be granted absent
extenuating circumstances.
Com. v. Gilliam; 212 EDA 2024; Appellant�s counsel, Jules
Norris Szanto, Esquire, filed a brief and petition to withdraw as counsel
pursuant to Anders v. California, 386 U.S. 738 (1967) and Commonwealth v.
McClendon, 434 A.2d 1185 (Pa. 1981), and their progeny. However, counsel did
not attach a copy of the letter advising Appellant of his rights pursuant to
Commonwealth v. Millisock, 873 A.2d 748 (Pa. Super. 2005), regarding notifying
Appellant of his right to proceed pro se or proceed with a private attorney.
Com. v. Flythe; 3133 EDA 2024; Appellant�s application
for extension of time in which to file his docketing statement, Appellant�s
docketing statement received on December 19, 2024, is hereby accepted as timely
filed.
Com. v. Williams; 1946 EDA 2024; Appellant�s second
�Petition for Extension of Time to File Brief,� the Application is hereby
Granted. Appellant�s brief shall be filed on or before January 15, 2025. No
further extensions will be granted absent extenuating circumstances.
Com. v. Valentin; 7 EDA 2024; It Is Hereby Ordered. That
the application filed October 30, 2024, requesting reargument of the decision
dated October 16, 2024, is Denied.
Forrester v. Solebury Township; 2998 EDA 2024;
Consideration of the notice of appeal and docketing statement filed by
Appellant Gary Forrester, plaintiff below, the appeal is taken from the October
7, 2024 Order denying his motion for leave to amend first amended complaint and
dismissing the cross-motions for summary judgment as moot. Accordingly,
Appellant is Directed to show cause, in the form of a response letter filed of
record in this Court with a copy served on opposing counsel, as to why the
appeal should not either be quashed as interlocutory or, alternatively, transferred
to the Commonwealth Court. The response letter shall be filed of record in this
Court within fourteen (14) days from the date of this Order. Appellant�s
failure to comply with this Order may result in quashal of the appeal or,
alternatively, transfer of the appeal to the Commonwealth Court without further
notice of this Court.
BKB Community Development v. Mitchell; 1027 EDA 2024; The
application of Appellee, BKB Community Development, for extension of time to
file Brief the application is hereby granted. Appellee�s Brief shall be filed
on or before January 9, 2025.
Manna v. Manna; 2604 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa. R.A.P. 3517.
Com. v. Fulton; 2757 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa. R.A.P. 3517.
Com. v. Duncan; 2426 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa. R.A.P. 3517.
Com. v. Diaz; 2567 EDA 2024; The application of Appellee,
Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellee�s Brief shall be filed on or before March
7, 2025.
Com. v. Donlon; 482 EDA 2024; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellee�s Brief shall be filed on or before
February 24, 2025.
Com. v. Woods; 701 EDA 2024; The application of Appellee,
Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellee�s Brief shall be filed on or before March
7, 2025.
In the Interest of: J.E., a Minor Appeal of: J.E., Minor;
2378 EDA 2024; The application of Appellant, J.E., for extension of time to
file Brief the application is hereby granted. No further extensions shall be
granted absent extenuating circumstances. Appellant�s Brief shall be filed on
or before March 6, 2025
Com. v. Hernandez; 2964 EDA 2024; The application of
Appellant, Manuel H. Hernandez, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
January 27, 2025.
Carelli v. Streamline Solutions, LLC; 2740 EDA 2024;
Appellant�s December 17, 2024 application to reinstate appeal is Granted. This
Court�s December 16, 2024 dismissal Order is Vacated, and the above-captioned
appeal is Reinstated.
HV Investments, LLC v. Osinski; 2741 EDA 2024;
Appellant�s December 19, 2024 application to reinstate appeal is Granted. This
Court�s December 16, 2024 dismissal Order is Vacated, and the above-captioned
appeal is Reinstated.
Redmond v. Terminal Discount Store; 3001 EDA 2024;
Consideration of the notice of appeal and docketing statement filed by pro se
Appellant Gregory Redmond, plaintiff below, Appellant purports to appeal from
the October 23, 2024 order denying Appellant�s motion to appoint counsel in the
underlying civil action. Accordingly, Appellant is directed to show cause, in a
response filed of record in this Court with a copy to opposing counsel, as to
why the order is an appealable order and why the appeal should not be quashed.
The response shall be filed within fourteen (14) days of the date of this
Order. Failure to comply with this Order may result in quashal of the appeal
without further notice.
Com. v. Joyner; 644 EDA 2024; The �Commonwealth�s Motion
to Correct 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
�Hearing Ex. C-6 (Body Worn Camera of Officer Paul Moore),� referenced in the
Commonwealth�s motion, within twenty-one (21) days of the date that this Order
is filed.
Chatham Bay Construction, LLC v. Donnelly; 2467 EDA 2024;
Appellant�s December 20, 2024 application to reinstate appeal is Granted. This
Court�s December 16, 2024 dismissal Order is Vacated, and the above-captioned
appeal is Reinstated.
Henderson v. Kardosh; 2488 EDA 2024; The application of
Appellant, Julia Kardosh, for extension of time to file Brief the application
is hereby Granted In Part. No further extensions shall be granted absent
extenuating circumstances. Appellant�s Brief shall be filed on or before
February 7, 2025.
APPEALS FILED
Com. v. Jordan; 3322 EDA 2024; from order of Phila Cty;
CP-51-CR-0622511-1986; L. Jubelirer.
Com. v. Smith; 3323 EDA 2024; from order of Phila Cty;
CP-51-CR-1203321-1991.
Com. v. Rivera; 3324 EDA 2024; from order of Phila Cty;
CP-51-CR-0003964-2015; M. Diamondstein.
Com. v. Doughty; 3300 EDA 2024; from order of Phila Cty;
CP-51-CR-1361-2020; L. Bozzelli.
Com. v. Williams; 3301 EDA 2024; from order of Phila Cty;
CP-51-CR-0403571-1996; T. Himebaugh.
Com. v. Wilder; 3302 EDA 2024; from order of Phila Cty;
CP-51-MD-00064; T. Wilder.
Com. v. Wilder; 3303 EDA 2024; from order of Phila Cty;
CP-51-MD-00064; T. Wilder.
Com. v. Fata; 3304 EDA 2024; from order of Lehigh Cty;
4857-2017.
Com. v. Strass; 3305 EDA 2024; from order of Lehigh Cty;
R2801875.
Com. v. Styles; 3306 EDA 2024; from order of Chester Cty;
CP-15-CR-661-2021; M. Heller.
Com. v. Bembry; 3307 EDA 2024; from order of Phila Cty;
CP-51-CR-0002772-2020; D. Barrish.
Com. v. Bembry; 3308 EDA 2024; from order of Phila Cty;
CP-51-CR-0002773-2020; D. Barrish.
Com. v. Hall; 3309 EDA 2024; from order of Phila Cty;
CP-51-CR-0807821-1990.
Com. v. Springs; 3310 EDA 2024; from order of Phila Cty;
CP-51-0003448-2016.
Com. v. Forth; 3311 EDA 2024; from order of Phila Cty;
CP-51-CR-0010653-2017; T. Himebaugh.
Com. v. Oliver; 3312 EDA 2024; from order of Phila Cty;
CP-51-CR-0003863-2023.
Com. v. Richardson; 3313 EDA 2024; from order of Chester
Cty; CP-15-CR-2858-2023; S. Werner.
Com. v. Humel; 3314 EDA 2024; from order of Bucks Cty;
CP-09-CR-0001272-2024; D. Gastfriend.
Boris v. Vurimindi; 3315 EDA 2024; from order of Phila
Cty; D10088575.
Irving v. Cowen; 3316 EDA 2024; from order of Phila Cty;
D23038442.
Kholod v. Windsor; 3317 EDA 2024; from order of Phila
Cty; 337-DR-2022.
Stopyra v. Gilfillan; 3318 EDA 2024; from order of
Montgomery Cty; 2022-16631; D. Sager.
2316 Providence Avenue, LLC at, al. v. 2316 Providence
Avenue LLC, et, al.; 3319 EDA 2024; from order of Delaware Cty; CV-2016-006329.
Council v. Simmons; 3320 EDA 2024; from order of Phila
Cty; 230401301.
Council v. Simmons; 3321 EDA 2024; from order of Phila
Cty; 230401301.
Thompson v. Windmayer; 3282 EDA 2024; from order of Phila
Cty; 0C2108109.
Robinson v. Singleton; 3283 EDA 2024; from order of
Lehigh Cty; 2016-FC-1088.
St. Luke�s Quakertown Hospital v. Dutko; 3284 EDA 2024;
from order of Phila Cty; 2023-C-2741.
St. Luke�s Quakertown Hospital v. Dutko; 3285 EDA 2024;
from order of Phila Cty; 2023-C-2741.
Jurado v. Inden; 3286 EDA 2024; from order of Phila Cty;
786302433.
Weinder v. Newmar; 32878 EDA 2024; from order of Phila
Cty; 240602200.
Taylor v. Borthers; 3288 EDA 2024; from order of Phila
Cty; 00541.
Auguste v. Katuran; 3289 EDA 2024; from order of Phila
Cty; 230803027; C. Williams.
Com. v. Hillian; 3290 EDA 2024; from order of Phila Cty;
CP-51-MD-0005997-2004.
Com. v. Dorsey; 3291 EDA 2024; from order of Phila Cty;
CP-51-MD-0005476-2024.
Com. v. Seeley; 32923228 EDA 2024; from order of Phila
Cty; CP-51-CR-0004578-2024; L. Goode.
Com. v. Choung; 3293 EDA 2024; from order of Phila Cty;
CP-51-CR-0007726-2023; L. Goode.
Com. v. Scott; 3294 EDA 2024; from order of Phila Cty;
CP-51-CR-0007099-2023; L. Goode.
Com. v. Roper; 3295 EDA 2024; from order of Phila Cty;
CP-51-CR-0006188-2022; L. Goode.
Com. v. Cottrell; 3297 EDA 2024; from order of Phila Cty;
CP-51-CR-0005494-2020; W. Buchanan.
Com. v. Cottrell; 3298 EDA 2024; from order of Phila Cty;
CP-51-CR-0005494-2023; W. Buchanan.
Com. v. Doughty; 3299 EDA 2024; from order of Phila Cty;
CP-51-CR-1360-2020; L. Bozzelli.
Selbovitz v. Ninteenth Street Development, LLC; 3263 EDA
2024; from order of Phila Cty; 1353.
Selbovitz v. Ninteenth Street Development, LLC; 3264 EDA
2024; from order of Phila Cty; 1268.
Selbovitz v. Ninteenth Street Development, LLC; 3265 EDA
2024; from order of Phila Cty; 1351.
Selbovitz v. Ninteenth Street Development, LLC; 3266 EDA
2024; from order of Phila Cty; 1575.
Anders v. Hurdle; 3267 EDA 2024; from order of Phila Cty;
357-CV-2023.
Peter Properties LLC v. All Occupants of 2965 Routell;
3268 EDA 2024; from order of Phila Cty; 4584-CV-2024.
Binswanger Management Corporation v. Sigel; 3269 EDA
2024; from order of Phila Cty; 1327.
Jacob Singer and Juniper Partne LP. v. Juniper Partners
LP; 3270 EDA 2024; from order of Phila Cty; 2023-01945-TT.
Jacob Singer and Juniper Partne LP. v. Juniper Partners
LP; 3271 EDA 2024; from order of Phila Cty; 2023-01942-TT.
Beauvoir v. Calixte; 3272 EDA 2024; from order of Lehigh
Cty; 2024-C-2103.
Goodwin v. Spall, Rydzewski, Anderson, Lalley &
Tunis, P.C., et al.; 3278 EDA 2024; from order of Pike Cty; 844-C-2017; M.
Weisberg.
Roddy Inc. v. Prologis NA3 PA II, LP; 3274 EDA 2024; from
order of Phila Cty; 210401333.
Kebede v. Gurmessa; 3275 EDA 2024; from order of Phila
Cty; 2405-01140.
Mangual v. Maloy; 3276 EDA 2024; from order of Phila Cty;
2404011018; D. Denenberg.
Lee v. Dollary; 3277 EDA 2024; from order of Phila Cty;
241001076.
Xie v. Unknown Occupants; 3278 EDA 2024; from order of
Phila Cty; 230702959; J. Smith.
In Re R.S.A. D. Appeal of: Mother T.D.; 3279 EDA 2024;
from order of Phila Cty; CP-51-DP-0000149-2020; D. Kurland.
In Re R.S.A. D. Appeal of: Mother T.D.; 3280 EDA 2024;
from order of Phila Cty; CP-51-AP-0000212-2024; D. Kurland.
In the interest of Trystan Kelly; 3281 EDA 2024; from
order of Phila Cty; CP-51-DP-21-2021; J. Hook.
Com. v. Ulysee; 3345 EDA 2024; from order of Phila Cty;
CP-51-CR-0006346-2021; A. Marcus.
Com. v. Briscoe; 3346 EDA 2024; from order of Phila Cty;
CP-51-CR-0009079-2022; A. Marcus.
Com. v. Smith; 3347 EDA 2024; from order of Phila Cty;
CP-51-CR-0006865-2023; A. Marcus.
Com. v. Harris; 3348 EDA 2024; from order of Phila Cty;
CP-51-CR-0000105-2023.
Com. v. Chapman; 3349 EDA 2024; from order of Phila Cty;
CP-39-CR-2230-2021.
Santo v. Batterman; 3350 EDA 2024; from order of Bucks
Cty; 2024DR00154.
In the Interest of: LP; 3351 EDA 2024; from order of
Phila Cty; CP-51-DP-0000154-2023; L. Austin.
In Re: Estate of Join J. O�Brien, Jr., Deceased; 3352 EDA
2024; from order of Montgomery Cty; 2008X2120.
In Re: Estate of Join J. O�Brien, Jr., Deceased; 3352 EDA
2024; from order of Montgomery Cty; 2008X2120.
Goddard v. Farm; 3355 EDA 2024; from order of Phila Cty;
03135; A. Feingold.
Ruger v. Ruger; 3356 EDA 2024; from order of Phila Cty;
D21038473.
Xie v. Unknown Occupants; 3357 EDA 2024; from order of
Phila Cty; 230702959; J. Smith.
Xie v. Unknown Occupants; 3358 EDA 2024; from order of
Phila Cty; 230702959; J. Smith.
Parker v. Pena; 3359 EDA 2024; from order of Phila Cty;
DR-93-293.
Parker v. Pena; 3360 EDA 2024; from order of Phila Cty;
DR-96-1743.
Griffin v. The Bryn Mawr Hospital; 3361 EDA 2024; from
order of Montgomery Cty; 2022-06086.
Citibank, N.A. v. Manzio; 3362 EDA 2024; from order of
Monroe Cty; 005056-CV-2021; M. Weisberg.
Henry v. Schellen; 3363 EDA 2024; from order of Lehigh
Cty; 2022-C-1606.
Com. v. Griffin; 3364 EDA 2024; from order of Montgomery
Cty; CP-46-CR-0005081-2023; M. Huff.
Sullivan v. Sullivan; 3365 EDA 2024; from order of Phila
Cty; 2007-10360; N. Montalto.
Sullivan v. Sullivan; 3366 EDA 2024; from order of Phila
Cty; 2007-10360; N. Montalto.
Lin v. Sha Wnee Mountain Ski Resort & Ski Shawnee,
Inc.; 3367 EDA 2024; from order of Monroe Cty; 004031-CV-2022.
Lu v. Li; 3368 EDA 2024; from order of Chester Cty;
2017-07538-CU.
Sioutis v. Calalang; 3369 EDA 2024; from order of Phila
Cty; 42405-03357.
Com. v. Brantley; 3370 EDA 2024; from order of Montgomery
Cty; CP-46-CR-1076-2024.
Roland v. Wayne County; 3371 EDA 2024; from order of
Wayne Cty; 419-CV-2024.
Mosley v. Center; 3372 EDA 2024; from order of Phila Cty;
220200126.
Davila v. Lonescu; 3373 EDA 2024; from order of
Northampton Cty; DR-0031621.
Wyncate v. Werts; 3374 EDA 2024; from order of Montgomery
Cty; 2023-05609.
Village v. Washington; 3375 EDA 2024; from order of Phila
Cty; 230502055.
PNC Equipment Finance, LLC v. Davis; 3376 EDA 2024; from
order of Montgomery Cty; 2021-21774.
Com. v. Abreau; 3336 EDA 2024; from order of Phila Cty;
CP-51-CR-2465-2019; L. Bozzelli.
Com. v. Walker; 3337 EDA 2024; from order of Phila Cty;
CP-51-CR-0004155-2022; J. Coleman.
Com. v. Harris; 3338 EDA 2024; from order of Phila Cty;
CP-51-CR-0005859-2022.
Com. v. Bullard; 3339 EDA 2024; from order of Phila Cty;
CP-51-CR-0001534-2022; A. Marcus.
Com. v. Bullard; 3340 EDA 2024; from order of Phila Cty;
CP-51-CR-0008811-2022; A. Marcus.
Com. v. Bartun; 3341 EDA 2024; from order of Phila Cty;
CP-51-CR-2582-2021.
Com. v. Bartun; 3342 EDA 2024; from order of Phila Cty;
CP-51-CR-2582-2021.
Com. v. Bartun; 3343 EDA 2024; from order of Phila Cty;
CP-51-CR-2582-2021.
Com. v. Kingwood; 3344 EDA 2024; from order of Phila Cty;
CP-51-CR-0004199-2021.
Com. v. Rivera; 3325 EDA 2024; from order of Phila Cty;
CP-51-CR-0003965-2015.
Com. v. Collins; 3327 EDA 2024; from order of Phila Cty;
CP-51-CR-0005248-2018; L. Fish.
Com. v. Collins; 3328 EDA 2024; from order of Phila Cty;
CP-51-CR-0005249-2018; L. Fish.
Com. v. Collins; 3329 EDA 2024; from order of Phila Cty;
CP-51-CR-0005250-2018; L. Fish.
Com. v. Collins; 3330 EDA 2024; from order of Phila Cty;
CP-51-CR-0003884-2019; L. Fish.
Com. v. Durham; 3331 EDA 2024; from order of Phila Cty;
CP-51-CR-0003902-2019; A. Marcus.
Com. v. Johnson; 3332 EDA 2024; from order of Phila Cty;
CP-51-CR-0007865-2019; D. Barris.
Com. v. Peterson; 3333 EDA 2024; from order of Phila Cty;
CP-51-CR-0002903-2020.
Com. v. Peterson; 3334 EDA 2024; from order of Phila Cty;
CP-51-CR-0002904-2020.
Com. v. Abreau; 3335 EDA 2024; from order of Phila Cty;
CP-51-CR-2465-2019; L. Bozzelli.