Supreme Court
ORDERS & DECREES
December 23, 2024
Mahalik v. Mahalik, Petitioner; 557 MAL 2024; The Petition
for Allowance of Appeal is Denied.
Sweda, Petitioner v. Upper Bucks County Technical School;
288 MAL 2024; The Petition for Allowance of Appeal is Denied.
In The Interest Of: G.G.B., A Minor Petition Of: J.B.,
Mother; 292 WAL 2024; The Petition for Allowance of Appeal is Granted.
Com. v. Miles, Petitioner; 316 MAL 2024; The Petition for
Allowance of Appeal is Denied.
Com. v. Zorrer, Petitioner; 335 MAL 2024; The Petition
for Allowance of Appeal is Denied.
Com. v. Rosenberger, Petitioner; 371 MAL 2024; The
Petition for Allowance of Appeal is Denied.
Com. v. Rosenberger, Petitioner; 372 MAL 2024; The
Petition for Allowance of Appeal is Denied.
Com. v. Williams, Petitioner; 388 MAL 2024; The Petition
for Allowance of Appeal is Denied.
In Re: Appeal Of Chestnut Hill Community Association v.
City Of Philadelphia Zoning Board Of Adjustment; 240 EAL 2024; The Petition for
Allowance of Appeal is Denied.
Com. v. Schriver, Petitioner; 245 MAL 2024; The Petition
for Allowance of Appeal is Denied.
Com. v. Brunori; 76 MAP 2024; This Court lacks
jurisdiction over these appeals, see 42 Pa.C.S. � 722 (listing instances where
this Court has exclusive appellate jurisdiction over final orders of the courts
of common pleas), which fall within the exclusive appellate jurisdiction of the
Superior Court, see 42 Pa.C.S. � 742, these matters are Transferred to that
court.
Com. v. Brunori; 77 MAP 2024; This Court lacks
jurisdiction over these appeals, see 42 Pa.C.S. � 722 (listing instances where
this Court has exclusive appellate jurisdiction over final orders of the courts
of common pleas), which fall within the exclusive appellate jurisdiction of the
Superior Court, see 42 Pa.C.S. � 742, these matters are Transferred to that
court.
Com. v. Brunori; 78 MAP 2024; This Court lacks
jurisdiction over these appeals, see 42 Pa.C.S. � 722 (listing instances where
this Court has exclusive appellate jurisdiction over final orders of the courts
of common pleas), which fall within the exclusive appellate jurisdiction of the
Superior Court, see 42 Pa.C.S. � 742, these matters are Transferred to that
court.
Birdwell v. Pennsylvania Board Of Probation And Parole;
82 MAP 2024; The Notice of Appeal is Quashed, as the Commonwealth Court�s order
is not final or immediately appealable.
Com. v. Lampley, Petitioner; 218 WAL 2024; The Petition
for Allowance of Appeal is Denied.
December 24, 2024
Steinbeiser v. Wertz, Petitioner; 198 WAL 2024; The
Petition for Allowance of Appeal is Denied.
Com. v. Pollick; 84 MM 2024; The Application to Withdraw
as Counsel, this matter is Remanded to the Court of Common Pleas of Lackawanna
County for it to determine whether to permit Attorney Jillian Kochis to
withdraw. Criminal defense counsel�s duty of representation continues until a
court permits the attorney to withdraw. Absent judicial permission to withdraw,
the attorney�s duty of representation continues through review in this Court.
Williams, Petitioner v. Pennsylvania Board Of Probation
And Parole; 87 MM 2024; The Application for Leave to Appeal Nunc Pro Tunc is
Denied.
Arnold, Petitioner v. Carluccio; 92 MM 2024; The
Application for Leave to File Original Process is Granted, and the Petition for
Writ of Mandamus is Denied. The Prothonotary is Directed to strike the names of
the jurists from the caption.
Rogalski, Petitioner v. Com.; 93 MM 2024; The Application
for Leave to File Original Process is Granted. To the extent that the
�Application for Writ of Mandamus� seeks mandamus relief against the Department
of Education or the Pennsylvania Attorney General, it is Dismissed. In all
other respects, the �Application for Writ of Mandamus� is Denied.
Simpson v. Simpson; 94 MM 2024; The Petition for Leave to
File Petition for Allowance of Appeal Nunc Pro Tunc is Denied, and the �Motion
Stay of Order� is Dismissed.
Profic, Petitioner v. Trial/P.C.R.A. Court Of Common
Pleas Berks County, Pennsylvania; 95 MM 2024; The Application for Leave to File
Original Process is Granted, and the Petition for Writ of Mandamus is Denied.
Com. v. Castaneira, Petitioner; 106 MM 2024; The Petition
for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is Denied.
Com. v. Bramhall, Petitioner; 107 MM 2024; The Petition
for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is Granted.
Petitioner is Allotted 30 days in which to file a Petition for Allowance of
Appeal.
Com. v. Lewis, Petitioner; 334 MAL 2024; The Petition for
Allowance of Appeal is Denied.
December 26, 2024
Com. v. Hayward, Petitioner; 334 EAL 2024; The Petition
for Allowance of Appeal is Denied.
December 26, 2024
Com. v. Burton, Petitioner; 407 MAL 2024; The Petition
for Allowance of Appeal is Denied.
Com. v. McNeal, Petitioner; 414 MAL 2024; The Petition
for Allowance of Appeal is Denied.
Com. v. Cruz, Petitioner; 432 MAL 2024; The Petition for
Allowance of Appeal is Denied.
Northwest Bank v. Wisser, Petitioner; 441 MAL 2024; The
Petition for Allowance of Appeal is Denied.
Com. v. Harris, Petitioner; 450 MAL 2024; The Petition
for Allowance of Appeal is Denied.
Com. v. Lehman, Petitioner; 455 MAL 2024; The Petition
for Allowance of Appeal is Denied.
In Re: Estate Of Constance Grace Patterson Petition Of:
Deborah Reid; 225 WAL 2024; The Petition for Allowance of Appeal is Denied.
Com. v. Dolphin, Petitioner; 229 WAL 2024; The Petition
for Allowance of Appeal is Denied.
Com. v. Johnson, Petitioner; 259 EAL 2024; The Petition
for Allowance of Appeal is Denied.
Com. v. Johnson, Petitioner; 260 EAL 2024; The Petition
for Allowance of Appeal is Denied.
December 27, 2024
Anderson, Petitioner v. Court Of Common Pleas Of Forest
County; 62 WM 2024; The Application for Leave to File Original Process is
Granted, and the Petition for Writ of Mandamus is Denied.
Howard, Petitioner v. Piccinini; 64 WM 2024; The Petition
for Writ of Mandamus is Denied. The Prothonotary is Directed to strike the name
of the jurist from the caption.
Com. v. Archer, Petitioner; 70 WM 2024; The Petition for
Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is Denied.
Com. v. Hildreth, Petitioner; 71 WM 2024; The Petition
for Review pursuant to Pa.R.A.P. 3315 is Denied.
Com. v. Beaton, Petitioner; 73 WM 2024; The Application
for Leave to File Original Process is Granted, and the Petition for Writ of
Mandamus is Denied.
Weber, Petitioner v. Piccinini; 76 WM 2024; The
Application for Leave to File Original Process is Granted, and the Petition for
Writ of Mandamus is Denied. The Prothonotary is Directed to strike the name of
the jurist from the caption.
Com. v. Weber, Petitioner v. Piccinini; 77 WM 2024; The
Application for Leave to File Original Process is Granted, and the Petition for
Writ of Mandamus is Denied. The Prothonotary is Directed to strike the name of
the jurist from the caption.
In Re: Sale of Real Estate By Luzerne County Tax Claim Bureau
Situate At: Cemetery Rd. Conyngham Township Tamazight Temple University Trustee
Adolph Wright Beneficiary Of Trust, Petitioner v. Luzerne County, Et Al.; 117
MM 2024; The �Petition for Allowance of Appeal Reconsideration Nunc Pro Tunc�
is Denied.
In Re: Roxane Leaveck; 132 MM 2024; The Application for
Extraordinary Relief is Denied.
Com. v. Mann, Petitioner; 251 MAL 2023; The Petition for
Allowance of Appeal is Denied.
Com. v. Lambert, Petitioner; 529 MAL 2023; The Petition
for Allowance of Appeal is Denied.
Com. v. Lambert, Petitioner; 530 MAL 2023; The Petition
for Allowance of Appeal is Denied.
Com. v. Lambert, Petitioner; 531 MAL 2023; The Petition
for Allowance of Appeal is Denied.
Com. v. Lambert, Petitioner; 532 MAL 2023; The Petition
for Allowance of Appeal is Denied.
OPINIONS FILED
PER CURIAM
December 26, 2024
SULLIVAN, J.
Kalili v. State Farm Fire And Casualty Company; No. 754
EDA 2023; Appeal from the Order Entered March 10, 2023 In the Court of Common
Pleas of Philadelphia County Civil Division at No(s): 210700170; Order
affirmed.
SULLIVAN, J.
Higgins v. Nationwide Affinity Insurance Company Of
America; No. 752 EDA 2023; Appeal from the Order Entered March 8, 2023 In the
Court of Common Pleas of Philadelphia County Civil Division at No(s): 2201001722;
Order affirmed.
December 23, 2024
COLINS, J.
Com. v. Leschinskie, Appellant; No. 825 MDA 2023; Appeal
from the Judgment of Sentence Entered April 18, 2023 In the Court of Common
Pleas of Northumberland County Criminal Division at No(s): CP-49-CR-0000213-2019;
Judgment of sentence affirmed.
STABILE, J.
Com. v. Farmer, Appellant; No. 1153 MDA 2023; Appeal from
the Judgment of Sentence Entered February 14, 2023 In the Court of Common Pleas
of Dauphin County Criminal Division at No: CP-22-CR-0004742-2020; Judgment of
sentence affirmed.
LAZARUS, P.J.:
In Re: Name Change Of L.L.N., A Minor Appeal Of: T.N.,
Father; No. 523 MDA 2024; Appeal from the Order Entered March 28, 2024 In the
Court of Common Pleas of Cumberland County Civil Division at No(s): 2023-09468;
Order affirmed.
ORDERS & DECREES
PER CURIAM
Com. v. Wilson; 1828 EDA 2023; 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
February 4, 2025.
Com. v. Speach; 2234 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. Shakur; 267 EDA 2024; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted in part. No further extensions shall be granted
absent extenuating circumstances. Appellee�s Brief shall be filed on or before
February 24, 2025.
Williams v. Thomas Jefferson University Hospitals, Inc.;
2984 EDA 2024; The briefing schedule in the above-captioned appeal is Suspended
pending further Order of this Court.
Norfolk Southern Railway Company v. Harris; 141 EDM 2024;
Consideration of the November 26, 2024 petition for permission to appeal,
wherein Petitioner relies upon Justice Alito�s concurrence in Mallory v.
Norfolk Southern Railroad Co., 600 U.S. 122 (2023), to argue that it presents a
controlling question of law as to which there is substantial ground for
difference of opinion, and the answer thereto, the petition is Denied.
Nolan Transportation Group, LLC v. Ccbrm-Multimodal
Transportation Operators, Inc.; 142 EDM 2024; Petition for permission to
appeal, wherein Petitioner relies upon Justice Alito�s concurrence in Mallory
v. Norfolk Southern Railroad Co., 600 U.S. 122 (2023), to argue that it
presents a controlling question of law as to which there is substantial ground
for difference of opinion, and the answer thereto, the petition is Denied.
Com. v. Watson; 2762 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 25, 2025.
Corbin v. Allentown City; 3214 EDA 2023; Appellee The
City of Allentown, a defendant below, removed the underlying action to federal
court. On March 29, 2024, the United States District Court for the Eastern
District of Pennsylvania issued an order that, among other things, denied the
motion to remand filed by pro se Appellant Ian Bradley Corbin, plaintiff below;
dismissed certain claims against certain defendants with prejudice; dismissed
certain claims against other defendants without prejudice to Appellant to
pursue one claim at an unrelated federal docket number; and directed the clerk
of court to close the case.
Com. v. Cruz; 1529 EDA 2024; Appellant�s December 2, 2024
�Application to Enforce Order of Appellate Court Pursuant to Pa.R.A.P.
2591(b),� the application is hereby Denied as moot.
Com. v. Buskirk; 2692 EDA 2024; The application of
Appellant, Larry Buskirk, for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before January 24,
2025.
Green v. Green; 3112 EDA 2024; Appellant�s counsel to
respond to the order on appeal and its appealability. On December 18, 2024,
Counsel responded that this appeal is solely as to the Alimony Pendente Lite
Order dated November 13, 2023 that is now appealable in light of the entry of
the October 23, 2024 Divorce Decree and Equitable Order. Accordingly, it is
hereby Ordered. On or before December 30, 2024, Counsel is directed to file
with the Prothonotary of this Court an amended notice of appeal, referencing
appeal docket number 3112 EDA 2024, stating in the amended notice of appeal
that the appeal is taken from the October 23, 2024 Divorce Decree and Equitable
Distribution Order that made final the November 13, 2023 Alimony Pendente Lite
Order.
Com. v. Wiggins; 1754 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.
Chestnut v. Prater; 2262 EDA 2024; Consideration of the
notice of appeal that was docketed in the trial court on August 16, 2024 and
the docketing statement filed in this Court by pro se Appellant Charmaine
Prater, the appeal is taken from the June 4, 2024 order granting the motion for
entry of default judgment filed by Appellee Tara Chestnut, plaintiff below;
entering default judgment in favor of Appellee Chestnut and against Fernando A.
Colon, Jr., one of four defendants below, and �all persons claiming under him;�
and quieting title of the subject property. The order entering default judgment
is dated June 3, 2024 and was entered on the trial court docket on June 4,
2024.
Com. v. Johnson; 1648 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.
Norfolk Southern Railway v. Rushing; 135 EDM 2024;
Consideration of the November 20, 2024 petition for permission to appeal,
wherein Petitioner relies upon Justice Alito�s concurrence in Mallory v.
Norfolk Southern Railroad Co., 600 U.S. 122 (2023), to argue that it presents a
controlling question of law as to which there is substantial ground for
difference of opinion, and the answer thereto, the petition is Denied. Petitioner�s
request for a stay of the trial court proceedings pending appeal is Denied.
Jackson v. Live! Casino And Hotel Philadelphia And
Stadium Casino Re, LLC; 2792 EDA 2024 2575 EDA 2024; Consideration of the
notice of appeal and docketing statement filed by Appellant Live! Casino and
Hotel Philadelphia and Stadium Casino RE, LLC D/B/A Live! Casino and Hotel
Philadelphia at 2792 EDA 2024, Appellant purports to appeal from the October 2,
2024, judgment entered via praecipe. The trial court docket reflects that
Appellant already filed a notice of appeal at 2575 EDA 2024 from the September
3, 2024, correction to judgment index following the trial court�s disposition
of the outstanding motion for delay damages.
M&T Bank v. Fox; 2824 EDA 2024; Consideration of the notice
of appeal filed by Joseph Fox, Defendant below, at 2824 EDA 2024, and the
notice of cross-appeal filed by M&T Bank, Plaintiff below, at 2994 EDA
2024, as well as the docketing statements filed by the parties, the following
is hereby Ordered. The above-captioned matters are Consolidated as
Cross-Appeals. The parties are Directed to show cause, in a filing of record in
this Court within ten (10) days of the date of this Order, why Defendant below
should not be designated as Appellant/Cross-Appellee and Plaintiff below as
Appellee/Cross-Appellant, and to designate 2824 EDA 2024 as the lead docket
number.
M&T Bank v. Kane; 2822 EDA 2024; Consideration of the
notice of appeal filed by James Kane, Defendant below, at 2822 EDA 2024, and
the notice of cross-appeal filed by M&T Bank, Plaintiff below, at 2992 EDA
2024, as well as the docketing statements filed by the parties, the following
is hereby Ordered. The parties are Directed to show cause, in a filing of
record in this Court within ten (10) days of the date of this Order, why
Defendant below should not be designated as Appellant/Cross-Appellee and
Plaintiff below as Appellee/Cross-Appellant, and to designate 2822 EDA 2024 as
the lead docket number.
Marhunova v. Fitler Construction Group, LLC; 2852 EDA 2024;
Consideration of the notice of appeal and docketing statement filed by
Appellant OCF Construction, LLC, Appellant purports to appeal from the
September 23, 2024, order confirming the �Petition for Wrongful Death and
Survival Action� with respect to Fitler Construction Group, LLC; 2330 Sansom
Street, LLC; And HSC Construction, Inc. The trial court docket reflects that
Appellant already filed a notice of appeal at 2450 EDA 2024 from the August 30,
2024, entry of judgment with respect to OCF Construction, LLC. The September
23, 2024, order finalized for appellate review the judgment entered August 30,
2024.
M&T BANK v. Hallowell; 2825 EDA 2024; Consideration
of the notice of appeal filed by Mark Hallowell, Defendant below, at 2825 EDA
2024, and the notice of cross-appeal filed by M&T Bank, Plaintiff below, at
2995 EDA 2024, as well as the docketing statements filed by the parties, the
following is hereby Ordered. The above-captioned matters are Consolidated as
Cross-Appeals. The parties are Directed to show cause, in a filing of record in
this Court within ten (10) days of the date of this Order, why Defendant below
should not be designated as Appellant/Cross-Appellee and Plaintiff below as
Appellee/Cross-Appellant, and to designate 2825 EDA 2024 as the lead docket
number.
Tsuladze v. Rodriguez; 1599 EDA 2024; Review of the
record, we find Valeri Tsuladze (�Tsuladze�) failed to establish service of
Appellant�s brief on counsel for Qi Chai Huang (�Huang�). Additionally, Huang
never received a copy of the briefing schedule in this case. We accordingly
direct Tsuladze to make proper service of the Appellant�s brief on Huang�s
counsel and provide this Court with proof of service of the brief within
twenty-one days of this Order. Upon receipt of a proof of service, the
Prothonotary will establish a new briefing schedule for Appellee Huang.
Com. v. Massey; 1277 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. Legg; 2194 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 18, 2025.
Richardson v. Ezzo; 178 EDA 2024; review of the record in
this appeal from the entry of judgment in favor of Appellees, Carmen Ezzo and
Daniel E. Duffy, including the briefs of the parties and the trial court�s
November 18, 2023 order denying Appellant�s �Motion for Reconsideration,� we
are unable to review the propriety of the trial court�s finding for Appellees
because of an incomplete Pa.R.A.P. 1925(a) opinion.
Com. v. Hoilett; 3221 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 18, 2025.
Com. v. Floyd; 965 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 18, 2025.
BIF III Holtwood, LLC v. Sanford; 2301 EDA 2024;
Consideration of this Court�s show-cause Order and the response filed by BIF
III Holtwood, LLC, and noting no response thereto by Defendants below, the
following is hereby Ordered. Craig P. Sanford and Mary Jo Sanford, husband and
wife, Kara E. Sanford, and Craig Robert Sanford, Defendants below, are
Designated as Appellants/Cross-Appellees. BIF III Holtwood, LLC, Plaintiff
below, is Designated as Appellee/Cross-Appellant. The lead docket number is
2301 EDA 2024.
Sellott v. Malliaris; 2417 EDA 2024; Consideration of the
December 17, 2024, �Motion to Withdraw Appeal,� docketed as �Application to
Withdraw Appeal,� filed by Appellant Chaira Sellott, the �Application to
Withdraw Appeal� is accepted as a praecipe to discontinue under Pa.R.A.P. 1973
and the appeal is Discontinued.
Carova Acquisitions, LP v. Samuel; 1078 EDA 2024; The
application of Appellee, Carova Acquisitions, LP, for extension of time to file
Brief the application is hereby granted. Appellee�s Brief shall be filed on or
before January 27, 2025.
Com. v. Williams; 3228 EDA 2023; Appellant�s application
for relief, said application is denied as moot as Judge Lane has already
recused herself from the instant appeal.
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 9, 2025.
Com. v. Jenkins; 1349 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 18, 2025.
Gehman v. Shawnee Holding, Inc.; 109 EDM 2024;
Consideration of the October 23, 2024 petition for permission to appeal, and
the answers filed thereto, the petition is Denied.
Com. v. Morales; 2024 EDA 2024; Appellant�s December 14,
2024 �Request for Reduction in Amount of Paper Copies or Extension of Time for
Submission,� Appellant�s request is Granted and the following is Ordered.
Appellant shall file three (3) bound copies and one (1) unbound copy of his
brief with this Court within thirty (30) days of the date this Order is filed
and shall serve the Commonwealth with one (1) bound copy of his brief in the
event Appellant has not already served the Commonwealth with same.
Com. v. Griffin; 1649 EDA 2022; 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 18, 2025.
Com. v. Nelson; 2134 EDA 2024; The within appeal is
Dismissed for failure to file a brief.
Com. v. Ramseur; 1027 EDA 2023; Appellant�s application
for an extension of time to file a reply brief, and having received no response
from the Commonwealth, said application is hereby Granted, and Appellant�s
reply brief is accepted as filed.
Greenzang Properties v. Kowiessar; 1972 EDA 2024;
Appellant having failed to file a Brief, the appeal is Dismissed.
H&H Manufacturing Company, Inc. v. Tomei; 2032 EDA
2024; Consideration of the notice of appeal and docketing statement filed by
Appellant James F. Flandreau, Esquire, Executor Ad Litem for the Estate of
Marie L. Tomei, the appeal is taken from the July 5, 2024 order (the �Order�)
awarding $205,000.00 in attorney fees and costs in relation to the underlying
breach of contract action and, further, awarding $5,000.00 in attorney�s fees
and costs in relation to the prior appeal at 1434 EDA 2023. 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 be quashed where judgment has not yet been entered on the
award of attorney�s fees and costs and where this Court cannot direct the
parties to praecipe for the entry of judgment as the August 5, 2024
supplemental motion for attorney�s fees filed by Appellees Thomas R. Tomei and
Jeanette M. Tomei is still pending before the trial court.
Fitzgerald v. 1229 EDA 2024; The application of
Appellant, Scott Fitzgerald, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
January 30, 2025.
Martel v. Nouryon Chemicals, LLC; 1259 EDA 2024; The
application of Appellee, Kelly J. Martel, for extension of time to file Brief
the application is hereby granted. Appellee�s Brief shall be filed on or before
January 24, 2025.
Com. v. Morgan; 1227 EDA 2024; The trial court docket,
notice of appeal, certified trial court record, and docketing statement filed
in the above-captioned appeal, the existing briefing schedule is hereby Vacated
pending further Order of this Court.
Trumark Financial Credit Union v. Perry; 2387 EDA 2024;
Consideration of the notice of appeal and docketing statement filed by pro se
Appellant, the appeal is taken from the September 5, 2024 order (the �Order�)
denying and dismissing with prejudice Appellant�s motion to dismiss the default
judgment and complaint. 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 be quashed. 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 without further notice.
Seng v. Stone; 1214 EDA 2024; The application of
Appellee, Jessica Lynn Seng, for extension of time to file Brief the
application is hereby granted in part. No further extensions shall be granted
absent extenuating circumstances. Appellee�s Brief shall be filed on or before
January 31, 2025.
Com. v. Purdie; 2216 EDA 2023; The application of
Appellant, Shawn Purdie, for extension of time to file Brief the application is
hereby granted. Appellant�s Brief shall be filed on or before January 23, 2025.
Com. v. Harris; 1774 EDA 2024; The application of
Appellee, Jasir Harris, 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. Chappell; 1256 EDA 2024; The �Commonwealth�s
Petition for Extension of Time Within Which to File Reply Brief,� the petition
is hereby Granted, and the Commonwealth�s reply brief shall be filed by
December 24, 2024.
Com. v. Perkins; 1127 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
7, 2025.
Jacob Singer and Concord Village, LP v. Concord Village,
LLP; 2185 EDA 2024; The application of Appellee, David Singer, Michael Singer,
and Michael Singer, Inc. & Concord Village, LLP, 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 10, 2025.
Com. v. Dayard; 1652 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 18, 2025.
Com. v. Garay; 1682 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 18, 2025.
Rehab Financial Group, LP v. Grimes; 2601 EDA 2024; The
application of Appellant, Brian Grimes, 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. Burno; 1572 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 14, 2025.
Com. v. Sharp; 1798 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 14, 2025.
Com. v. Walton; 2157 EDA 2024; Appellant�s counsel,
George S. Yacoubian, Jr., Esquire, filed in this Court a petition to withdraw
as counsel and brief pursuant to Anders v. California, 386 U.S. 738 (1967). In
light of the fact that Attorney Yacoubian references a December 15, 2024 letter
to Appellant in his petition, but failed to attach to the petition to withdraw
a letter to Appellant informing him of the right to retain new counsel to
pursue the appeal, proceed pro se on appeal, or raise any additional points
that Appellant deems worthy of this Court�s attention in addition to the points
raised by Attorney Yacoubian in the Anders brief, 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.
Com. v. Morgan; 2379 EDA 2024; Consideration of the pro
se notice of appeal which fails to state the date of the order being appealed,
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.
Com. v. Johnson; 2529 EDA 2024; Appellant�s December 15,
2024 response to the December 5, 2024 Order to show cause, the above-captioned
appeal at 2529 EDA 2024 is hereby dismissed as duplicative of the appeal
docketed at 2523 EDA 2024. Appellant may raise all properly preserved issues in
the appeal docketed at 2523 EDA 2024.
Com. v. Mouzon; 2727 EDA 2024; The trial court dockets,
notices of appeal, criminal docketing statements, certified trial court
records, and Appellant�s pro se motions to consolidate the above-captioned
appeals, the above-captioned appeals are hereby consolidated.
Com. v. Johnson; 2531 EDA 2024; Appellant�s December 15,
2024 response to the December 5, 2024 Order to show cause, the above-captioned
appeal at 2531 EDA 2024 is hereby dismissed as duplicative of the appeal
docketed at 2528 EDA 2024. Appellant may raise all properly preserved issues in
the appeal docketed at 2528 EDA 2024.
Com. v. Johnson; 2530 EDA 2024; Appellant�s December 15,
2024 response to the December 5, 2024 Order to show cause, the above-captioned
appeal at 2530 EDA 2024 is hereby dismissed as duplicative of the appeal
docketed at 2525 EDA 2024. Appellant may raise all properly preserved issues in
the appeal docketed at 2525 EDA 2024.
Meyers v. Meyers; 2316 EDA 2024; Appellee counsel�s
�Application for Extension of Time to File Brief�, filed December 16, 2024, and
Amended Application, filed December 17, 2024, is hereby Granted, in part.
Mimi Investors, LLC v. Tufano; 102 EDM 2024; Consideration
of the December 13, 2024, �Motion to Withdraw Petition for Permission to
Appeal,� docketed as �Application to Withdraw Application,� filed by
Petitioners Paul K. Tufano, David Crocker, Neil Matheson, and Dennis Cronin,
the �Application to Withdraw Application� is accepted as a praecipe to
discontinue under Pa.R.A.P. 1973, and the September 30, 2024, petition for
permission to appeal is Discontinued.
Com. v. Page; 2752 EDA 2024; Appeal is dismissed for the
failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Bryant; 2218 EDA 2023; The trial court dockets,
notices of appeal, criminal docketing statements, and Appellant�s motion to
consolidate the above-captioned appeals, the above-captioned appeals are hereby
consolidated. The appeal docketed at 2218 EDA 2023 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 2218 EDA 2023.
In The Interest Of: 3.1., A Minor Appeal Of: G.N.,
Mother; 1968 EDA 2024; Application for Extension of Time to File Brief�, filed
December 16, 2024, is Granted.
Grate v. Mann; 3149 EDA 2024; Appellant has filed another
frivolous appeal from the October 28, 2024 Order that denied Appellant�s Motion
for Expedited Relief. The October 28th Order is not final or otherwise
appealable. Generally, only final orders are appealable. Accordingly, Appellant
is directed to respond as to why this appeal should not be quashed and why
Appellant should not be sanctioned for her continued frivolous appeals and
filings.
CHHS Hospital Company, LLC v. Pugh; 98 EDM 2024;
Consideration of the September 23, 2024, petition for permission to appeal, and
the answer filed thereto, the petition is Denied.
In Re: Adoption Of E.A.W., A Minor Appeal Of: J.R.,
Mother; 2978 EDA 2024; Appeal was filed on November 4, 2024 by Appellant
Mother�s appointed counsel, Kimberly J. Krzyzaniak, Esquire (�Counsel
Krzyzaniak�), from the October 3, 2024 order that involuntarily terminated
Mother�s parental rights to the above-captioned Child. Docketing statement
review revealed that on November 4, 2024, Counsel Krzyzaniak incorrectly filed
an �Anders Brief Regarding the Notice of Appeal Filed on Behalf of Mother,
J.R.� with an accompanying �Petition to Withdraw as Legal Counsel for [J.R.]�
in the trial court rather than in this Court. Moreover, review reveals that on
November 24, 2024, the trial court improperly granted Counsel Krzyzaniak�s
motion to withdraw as counsel, filed November 4, 2024. It is hereby Ordered.
The trial court is directed to vacate its November 24, 2024 order that granted
Counsel Krzyzaniak�s �Petition to Withdraw as Legal Counsel for [J.R.],� filed
November 4, 2024.
Com. v. Shields; 2072 EDA 2024; The application of Appellant,
Dr. Thomas Shields, M.D., for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before January 15,
2025.
Com. v. Keeling; 2698 EDA 2024; The trial court docket,
on August 23, 2023, the PCRA petition was dismissed. On September 27, 2024,
Appellant filed a pro se notice of appeal from the August 23, 2023 PCRA order.
In light of the fact that the PCRA petition was dismissed on August 23, 2023,
and Pa.R.Crim.P. 910 provides that the final disposition �of a petition for
post-conviction collateral relief shall constitute a final order for purposes
of appeal,� 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 untimely filed on September 27, 2024, from
the August 23, 2023 order dismissing the PCRA petition.
Green v. Green; 3112 EDA 2024; Appellant�s counsel has
filed a Notice of Appeal asserting that this appeal is taken from a November
13, 2023 support order. The Order on appeal is not attached to the Notice of
Appeal as required.
Com. v. Brown; 2431 EDA 2024; The application of
Appellant, Kenny Brown, 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 14, 2025.
Com. v. Hart; 2402 EDA 2024; The application of
Appellant, John Hart, 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 14, 2025.
Com. v. Wallace; 1171 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 21, 2025.
Com. v. Wilford-Williams; 201 EDA 2024; The application
of Appellant, Malik Wilford-Williams, 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 18, 2025.
Salentre, D. v. Comcast Spectacor; 2519 EDA 2024; The
above-captioned appeal is dismissed for the failure of the appellant to comply
with Pa.R.A.P. 3517. Counsel shall file a certification with this court within
10 days of the date of this order, stating that the client has been notified of
the entry of this order.
Williams, M. v. Koch, M.; 2469 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Vickers, S.; 2569 EDA 2024; Appeal is dismissed
for the failure of the appellant to comply with Pa.R.A.P. 3517. Counsel shall
file a certification with this court within 10 days of the date of this order,
stating that the client has been notified of the entry of this order.
Rubin v. Kanya; 1278 EDA 2023; It Is Hereby Ordered. That
the application filed October 21, 2024, requesting reargument of the decision
dated October 11, 2024, is Denied.
Com. v. Ett; 1678 EDA 2024; Appellant�s second �Petition
for Extension of Time to File Brief,� filed by Joseph T. Schultz, Esq., Appellant�s
application is hereby Granted. Appellant�s brief is due by February 14, 2025.
No further extensions will be granted absent extenuating circumstances.
Com. v. Hussmann; 2699 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
10, 2025.
Howard, H. v. Bubeck, C.; 2309 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Sattar; 2096 EDA 2024; Appellant filed the
instant notice of appeal pro se. Upon review of the court of common pleas
docket, this Court determined that Appellant was represented by Donald
Bermudez, Esquire. On two occasions, this Court directed Counsel to file a
Pa.R.A.P. 3517 docketing statement, initially due August 29, 2024, and then due
November 22, 2024. Counsel has not filed a docketing statement on Appellant�s
behalf.
Capizzi, B. v. McVeigh, E.; 2743 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Counsel shall file a certification with this court within 10 days of the date
of this order, stating that the client has been notified of the entry of this
order.
Canning, M. v. Terry, R.; 2623 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Giovannivalona; 1416 EDA 2024; Appellant filed a
brief through the PACFile electronic filing system. As of the date of this
order, a paper version and the requisite number of copies have not been
provided to this Court.
Com. v. Brahm; 1575 EDA 2024; The application of
Appellant, Leroy Donald Brahm, III, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
March 14, 2025.
Com. v. Smith; 1816 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
January 17, 2025.
Kovalev v. Gilchrist; 1216 EDA 2024; Appellant filed a
brief through the PACFile electronic filing system. As of the date of this
order, a paper version and the requisite number of copies have not been
provided to this Court.
Schneli, D. v. Campbell, P.; 2730 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Counsel shall file a certification with this court within 10 days of the date
of this order, stating that the client has been notified of the entry of this
order.
Com. v. McCullough; 2347 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 14, 2025.
Millan v. Pereira; 2677 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa.R.A.P, 3517.
Com. v. Brooks, M.; 2647 EDA 2024; Appeal is dismissed
for the failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Grazulis, F.; 2547 EDA 2024; Appeal is dismissed
for the failure of the appellant to comply with Pa.R.A.P. 3517. Counsel shall
file a certification with this court within 10 days of the date of this order,
stating that the client has been notified of the entry of this order.
Com. v. Pitts, D; 2517 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa.R.A.P. 3517.
Chatham Bay Construction v. Donnelly, K.; 2467 EDA 2024;
Appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P.
3517.
Counsel shall file a certification with this court within
10 days of the date of this order, stating that the client has been notified of
the entry of this order.
HV Investments LLC v. Osinski, J.; 2741 EDA 2024; Appeal
is dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Hill v. Hill; 3111 EDA 2024; This appeal is taken from
the November 8, 2024 Order, entered on the trial court docket on November 13,
2024 (�November 13th Order�). The November 13th Order is titled �Amended
Interim Custody Order� of the October 3, 2024 �Interim Custody Order�, entered
on the trial court docket on October 8, 2024 (�October 8, 2024�) and there for
the November 13th Order does not appear final or otherwise appealable.
Furthermore, the trial court has scheduled a custody hearing on January 9, 2025
as to another outstanding petition for special relief. Moreover, review of the
trial court docket reveals that on November 19, 2024 an Order was entered that
granted Appellant�s motion for reconsideration of the November 13th Order and on
December 13, 2024 the trial court entered a December 11, 2024 Order that
ultimately denied Appellant�s petition for reconsideration therefore the
November 13th Order does not appear to be the final order as to this issue
before the trial court. enerally, only final orders are appealable.
Harris v. Harker; 41 EDA 2024; Appeal and show-cause
Orders entered in the above-captioned appeals, this Court�s Prothonotary is
Directed to list the above-captioned appeals at Superior Court Docket Nos. 41
EDA 2024 and 360 EDA 2024 on the A01/25 argument panels.
James v. Gorbrey; 2746 EDA 2024; In light of the fact
that Appellant�s October 22, 2024 pro se filing does not purport to be a notice
of appeal and fails to indicate the date of any order being appealed, and in light
of the trial court�s December 5, 2024 opinion stating that the trial court has
�failed to rule on any civil matters under CV-2024-007393. Appellant is
Directed to show cause, within fourteen (14) days of the date that this Order
is filed, why this appeal should not be dismissed, or quashed as having been
taken from a purported order which is not entered upon the appropriate docket
of the lower court.
Davila v. Ionescu; 2997 EDA 2024; This appeal has been
taken from the September 25, 2024 Final Protection From Abuse Order that, in
part, affects custody of parties� Children. Therefore, this appeal meets the
definition of a Children�s Fast Track case pursuant to Pa.R.A.P. 102.
Com. v. Division; 2697 EDA 2024; According to the trial
court docket, on August 23, 2023, the PCRA petition was dismissed. On September
27, 2024, Appellant filed a pro se notice of appeal from the August 23, 2023
PCRA order.
Com. v. Galo-Ponce; 2472 EDA 2024; Upon consideration of
this Court�s December 2, 2024 Order directing counsel for Appellant to show
cause why the above-captioned appeal should not be dismissed as duplicative of
the appeal docketed at 2343 EDA 2024, and Appellant�s December 10, 2024
response thereto, filed by Matthew S. Brittenburg, Esq., the appeal at No. 2472
EDA 2024 is hereby DISMISSED as duplicative of the appeal at 2343 EDA 2024.
Com. v. Jones; 982 EDA 2024; Appellant�s counsel, Michael
I. McDermott, Esquire, has erroneously filed an �Application To Withdraw
Appearance� as counsel and a brief pursuant to Anders v. California, 386 U.S.
738 (1967), and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009), instead of
Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Finley, 550
A.2d 213 (Pa. Super. 1988) (en banc).
Com. v. Keeling; 2696 EDA 2024; According to the trial
court docket, on August 23, 2023, the PCRA petition was dismissed. On September
27, 2024, Appellant filed a pro se notice of appeal from the August 23, 2023
PCRA order.
Williams v. Williams; 793 EDA 2024; That the application
filed November 1, 2024, requesting reargument of the decision dated October 31,
2024, is Denied.
Com. v. Anderson; 1952 EDA 2023; That the application
filed October 16, 2024, requesting reargument of the decision dated October 2,
2024, is Denied.
Henderson v. Kardosh; 2489 EDA 2024; Appellant having
failed to file a Brief, the appeal is Dismissed.
In The Matter Of: Crozer-Keystone Health System; 2819 EDA
2024; Application to Transfer to Commonwealth Court of Pennsylvania,� docketed
as �Application to Transfer to Commonwealth Court,� filed by Appellants,
Prospect Crozer, LLC and Prospect Medical Holdings, Inc., and noting an
objection thereto filed by Appellees, CKHS, Inc. and The Foundation for
Delaware County, the application Is Granted, and the appeal is Transferred to
the Commonwealth Court. Among other things, Appellants specified in their
notice of appeal that they intended to appeal to the Commonwealth Court and the
appeals were erroneously forwarded to this Court.
Roy v. Prison; 129 EDM 2024; Petitioner�s �Petition for
Extraordinary Relief�, filed November 12, 2024, is hereby Denied. See Municipal
Pub. V. Court Of Com. Pleas, 489 A.2d 1286 (Pa. 1985) (where there was no
appeal pending before Superior Court and that court�s jurisdiction was not
being infringed upon by the trial court�s action, there was no predicate for
Superior Court�s exercise of jurisdiction.
Com. v. Ali; 2608 EDA 2024; upon 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 14, 2025.
In The Interest Of: D.A.W.B., A Minor; 2678 EDA 2024;
Mother is represented by court appointed counsel Charles Andrew Rosenbaum,
Esquire in the above-captioned appeal. Attorney Rosenbaum has failed to file
Appellant�s completed docketing statement on or before November 22, 2024, after
being ordered to do so by this Court on November 12, 2024.It appears to this
Court that Attorney Rosenbaum has abandoned his client.
Gershenson v. Kraya; 3040 EDA 2024; This appeal has been
taken from an October 16, 2024 Order that directed Appellant�s motion to
intervene shall be scheduled once the Minor Children are returned to Father�s
custody.
Com. v. Peterson; 2023 EDA 2024; upon 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 11, 2025.
Saville v. Saville; 2899 EDA 2024; Order that awards
Appellee Power of Attorney to sell marital property and directs Appellant to
pay counsel fees to appellee�s counsel in this ongoing divorce matter. On
November 25, 2024 a show cause order was entered directing Appellant to respond
as to why this appeal should not be quashed as taken from an interlocutory
order entered in the parties divorce matter.
Garred v. Artis; 3106 EDA 2024; Appellant�s �Application
to Stay�, filed November 26, 2024, requesting a stay of the October 30, 2024
final custody order is Denied.
Henderson v. Kardosh; 137 EDM 2024; The �Petition for
Permission to Appeal�, filed November 21, 2024 is hereby Denied. It appears
that petitioner failed to seek certification pursuant to 42 Pa.C.S. � 702(b) or
Pa.R.A.P. 341(c).
C.G. v. M.M. a/k/a M.G.; 3109 EDA 2024; In light of the
sensitive nature of the facts included in the trial court�s order on appeal and
in the best interest of the Children, the Prothonotary of this Court is
directed to use the initials of the parties in the caption of the Appellate
Docket, for the panel of this Court assigned to decide the merits of the appeal
to decide the use of the parties� full names.
Jimenez v. Ionescu; 2945 EDA 2024; This appeal was taken
from three October 3rd Orders. The first October 3rd Order denies Appellant�s
petition for recusal of the trial court judge in the parties� child support
matter. The second October 3rd Order denies Appellant�s motion to suppress
evidence and vacate judgement pursuant to Pa.R.Crim.P. The third October 3rd
Order grants Appellee�s petition for contempt and directs Appellant to pay
Appellee�s attorney counsel fees, directs Appellee�s counsel to execute IRS
forms for Taurus Star Construction from 2016-to present, and sets another
hearing for October 16, 2024 to ensure compliance or sanctions shall be
imposed. Since none of the three October 3rd Orders appeared to be appealable,
on November 25, 2024 a show cause order was entered directing Appellant to
respond as to each Orders appealability.
Com. v. Davis; 2181 EDA2024; 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. Kosh; 241 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 21, 2025.
Cascade Funding Mortgage Trust v. Cordingly; 2505 EDA
2024; Application for Remand� filed by Appellant Janis Cordingly, and noting no
response thereto, the application is Granted. Accordingly, this appeal is
Dismissed. This matter is Remanded to the trial court. The Prothonotary of this
Court is Directed to immediately send notice and a copy of this Order to the
Honorable Gary B. Gilman of the Bucks County Civil Division and to the parties.
Batterman v. Santo; 2322 EDA 2024; This appeal has been
taken from the July 18th interlocutory Order entered in the parties� custody
matter at sequence #995. On November 18, 2024, a show cause order was entered
directing Appellant to respond as to why this appeal should not be quashed in
light of the fact that Mother�s petition to modify custody was still before the
trial court and why this Court should not sanction Appellant for filing this
frivolous appeal pursuant to Pa.R.A.P. 2744.
In The Interest Of: D.A.W.B., A Minor; 2678 EDA 2024;
Mother filed this Notice of Appeal and 1925(b) Statement of errors complained
of on appeal (�1925(b) Statement�) pro se and due to a breakdown in the
Appellate Court and the Trial Court it has only been discovered that
Appellant�s appointed counsel has not been ordered to file an Amended 1925(b)
Statement.
Hill v. Hill; 2944 EDA 2024; This appeal has been taken
from the October 3, 2024 Order titled �Interim Custody Order� that was entered
upon review of an emergency custody petition. On December 3, 2024, this Court
entered a show cause order and directed a response as to the whether the
October 3rd order is interlocutory or final. On December 6, 2024, Appellant
filed a response, in part, asserting that the October 3rd order is final but
also acknowledging that on November 8, 2024 the trial court entered a further
Order of Court in this custody matter.
Com. v. Kelsey; 922 EDA 2023; upon consideration of the
application of Appellant, Joseph Kelsey, for extension of time to file Brief
the application is hereby granted. Appellant�s Brief shall be filed on or
before January 16, 2025.
Com. v. Rojas; 826 EDA 2024; Upon consideration of
Appellant�s pro se November 4, 2024 �Application For Relief To Remand,� the
application is DENIED without prejudice to Appellant�s right to raise the issue
in the application in the Appellant�s brief.
Babin v. Impact Loan Fund, Inc.; 1957 EDA 2024;
Appellant, Maxim Babin, defendant below, filed a notice of appeal on May 31,
2024, seeking to appeal from the April 16, 2024, order denying his petition to
strike and for a prompt hearing. Appellant�s notice of appeal was filed more
than 30 days after the entry of the April 16, 2024, order. A notice of appeal
must be filed �within 30 days after the entry of the order from which the
appeal is taken.
Com. v. Moody; 2059 EDA 2024; Appellant filed the instant
notice of appeal pro se. Upon review of the court of common pleas docket, this
Court determined that Appellant was represented by James Richard Lloyd, III,
Esquire. On two occasions, this Court directed Counsel to file a Pa.R.A.P. 3517
docketing statement, initially due September 4, 2024, and then due November 12,
2024.
Penn Entertainment, Inc. v. Zurich American Insurance;
832 EDA 2024; Upon consideration of the November 21, 2024 �Motion for Admission
of Jonathan D. Hacker, Esq[.], as Counsel Pro Hac Vice,� docketed as
�Application to be Admitted Pro Hac Vice,� filed by sponsor Eric D. Freed,
Esquire, counsel for Appellee, Ace American Insurance Company, on behalf of
Jonathan D. Hacker, Esquire, the application is Granted.
1500 Locust Owner LLC v. Petway; 2850 EDA 2024; Upon
consideration of the notice of appeal filed by pro se Appellant, Jewel Petway,
Appellant appeals from the October 22, 2024 non-jury verdict entered in favor
of Appellee, plaintiff below. A review of the trial court docket reveals that
Appellant did not file post-trial motions. Because Appellant did not file
post-trial motions, it appears that all issues have been waived.
In The Interest Of: W.P., A Minor; 2974 EDA 2024; Upon
consideration of the �Application to Stay/� filed with this Court on December
3, 2024, it is hereby Ordered. The �Application to Stay� is Denied without
prejudice for the trial court to review the �Child Advocate Motion To Stay
Order Dated November 4, 2024�, filed in the trial court on November 11, 2024.
Com. v. Taylor; 967 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 10, 2025.
Streamline Solutions, LLC v. Trinh; 1741 EDA 2024; Upon
consideration of Appellant�s December 6, 2024 application to reinstate appeal
and Appellees� answer thereto, the application is Denied. The appeal was
dismissed on September 16, 2024, the matter was remitted on October 30, 2024,
and Appellant does not cite, nor does this Court find, any breakdown in the
operations of the Court.
Grate v. Mann; 2828 EDA 2024; This appeal has been taken
from the October 10, 2024 Order that denied Appellant�s Motion for Recusal. The
October 10, 2024 Order appears to interlocutory and not otherwise appealable in
light of the fact that the custody matter is still before the trial court.
Generally, only final orders are appealable.
Raven-Melchiz El v. Pettway; 2318 EDA 2024; Pro se
Appellant, Bennie R. Hearst Pettway, defendant below, appeals from the August
1, 2024 order that directed Hofi Reo, Inc., intervenor below, to supplement its
petition to intervene and serve the parties with the supplement, established a
filing deadline for the parties� responses to the petition, and scheduled a
hearing on the petition.
Shockley v. Nguyen; 3030 EDA 2023; Application to Quash,�
docketed as �Application to Quash Appeal,� filed by Appellees, Lanh Nguyen and
Thao Vu, and noting no objection or response thereto, the application is Denied
without prejudice to Appellees� right to again raise these issues in their
appellate brief or in a new application that may be filed after the appeal has
been assigned to the panel of this Court that will decide the merits of the
appeal.
Caton v. One Floor, LLC; 2829 EDA 2024; Appellant, One
Floor, LLC, one of the defendants below, appeals from the September 23, 2024
order that granted the motion for partial summary judgment filed by Appellee,
Martin Greenbaum Company, Inc. d/b/a Martin Greenbaum Company, LLC, another
defendant below. The order directed Appellant to indemnify Appellee for all
costs and attorney�s fees paid to defend the matter and reimburse Appellee for
the monies it paid toward settlement with plaintiffs. In its docketing
statement, Appellant contends that the order is both a final order pursuant to
Pa.R.A.P. 341 and an appealable collateral order pursuant to Pa.R.A.P. 313. The
order, however, does not appear to be a final or otherwise appealable order.
Pocono Springs Civic Association v. Beliak; 2817 EDA
2024; Pro se Appellant, Bradley Beliak, defendant below, appeals from the
September 16, 2024 nonjury verdict entered in favor of Appellee, Pocono Springs
Civic Association, plaintiff below, and against Appellant. In his docketing
statement, Appellant contends that the nonjury verdict is a final, appealable
order pursuant to Pa.R.A.P. 341.
Com. v. White; 2548 EDA 2024; Appellant�s November 19,
2024 �Application To Withdraw Appearance,� filed by Jeffrey Scott Gold, Esq.,
the application is Denied without prejudice to Appellant�s right to apply
directly to the trial court for the requested relief.
University Plaza Association v. Blagmon; 2491 EDA 2024;
This Court entered an order directing pro se Appellant Yvonne Blagmon,
defendant below, to show cause as to why the appeal should not be dismissed
based on her failure to file post-trial motions following the entry of the
decision in a non-jury trial. Appellant did not respond to this Court�s
show-cause Order. Accordingly, the appeal is Dismissed.
Com. v. Taylor; 1141 EDA 2024; The �Motion to Correct an
Omission in the Record Pursuant to PA.R.A.P. 1926,� filed by the Commonwealth,
the trial court is Directed to certify and transmit a supplemental record to
this Court containing the body camera footage admitted as Exhibit C-l at the
April 5, 2024 suppression hearing and referenced in the Commonwealth�s Motion,
within twenty-one (21) days of the date that this Order is filed.
Battista v. Braud; 2437 EDA 2024; This Court directed pro
se Appellant Francis Joseph Battista, purported plaintiff below, to show cause
as to why, among other things, this appeal from the August 8, 2024 Scheduling
Order should not be quashed as interlocutory. McCutcheon v. Philadelphia Elec.
Co., 788 A.2d 345, 349 (Pa. 2002) (explaining that appeal lies only from final
order, unless otherwise permitted by rule or statute).
Conklin v. Wawa, Inc.; 3006 EDA 2024; Upon consideration
of the November 21, 2024 �Praecipe to Amend/Substitute Notice of Appeal,�
docketed as �Application for Relief,� filed by Appellant Sandy Conklin, the
application is Granted.
Com. v. Conde; 2648 EDA 2024; upon consideration of the
application of Appellant, Edwin Conde, 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 18, 2025.
Com. v. Kannah; 2269 EDA 2024; upon consideration of the
application of Appellant, Bachir Kannah, 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. Sinclair; 2742 EDA 2024; Appeal is Dismissed as
duplicative of the appeal docketed at 1072 EDA 2024, Commonwealth v. Michael
Sinclair. Appellant may raise all properly preserved issues at the appeal
docketed at 1072 EDA 2024.
Com. v. Hardy; 314 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 absent
extenuating circumstances. Appellee�s Brief shall be filed on or before January
8, 2025.
Com. v. Sneed; 144 EDM 2024; Petition for Specialized
Review Under Pa.R.A.P. 1610,� filed by Counsel for Petitioner Sneed, J.B.
Fitzgerald, Esquire, the following is Ordered. The trial court is Directed,
within 7 days of the date of this Order, to file of record a brief statement of
reasons for its November 12, 2024 order denying Petitioner�s �Motion to Set
Bail Pending Appeal,� or where in the record such reasons may be found.
Com. v. Sims; 1417 EDA 2024; Appellant�s second
Application for Extension of Time to File Brief, filed by William A. Love,
Esq., Appellant�s application is hereby Granted. Appellant�s brief is due by
January 15, 2025. No further extensions will be granted absent extenuating
circumstances.
Reiss v. Reiss; 2942 EDA 2024; This Court entered an
Order directing Appellant to respond as to why this appeal should not be
dismissed as duplicative of the appeal at 2860 EDA 2024. See Elena P. Reiss v.
Walter Stanley Reiss at 2860 EDA 2024.
Jenkins v. Jenkins; 2977 EDA 2024; This appeal has been
taken from the October 8, 2024 Final Protection From Abuse Order. Docketing
statement review reveals that on November 13, 2024, the trial court entered an
order directing Appellant to file a 1925(b) statement of errors complained of
on appeal (�1925(b) Statement�) within 21 days of the entry of the order or all
issues shall be deemed waived. However, the order also stated �[a] failure to
comply with this direction may be considered by the Superior Court as waiver of
all objections to the Order, Rule, or other matters of which complained.�
(emphasis added).
Com. v. Luperi; 1066 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 10, 2025.
Com. v. Ellison, III; 1578 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 10, 2025.
Capital Commercial Real Estate Investment, Inc. v. CJK
Investments, LLC; 2538 EDA 2024; The notice of appeal and docketing statement
filed by Appellants Rehoboth Hundred, LLC; Lohan Development Group; CJK
Investments, LLC; and Longwood Preserve, LLC; Appellants seek to appeal from
the order entered September 9, 2024, granting the motion for summary judgment
filed in the underlying consolidated matter by Appellees, plaintiffs below,
Capital Commercial Real Estate Investment, Inc. and Chris Yangello as to the
counterclaims filed by Appellants, defendants below, CJK Investments, LLC;
Joseph Ruggiero; Kevin Holohan; Rehoboth Hundred, LLC; and Lohan Development
Group, LLC. In their docketing statement, Appellants assert their appeal is
from a �final order granting appellee�s motion for summary judgment.
In Re: Other Appeal of: Uzung Yoon; 2687 EDA 2024; upon
consideration of the application of Appellant, Uzung Yoon, for extension of
time to file Brief the application is hereby granted. Appellant�s Brief shall
be filed on or before February 13, 2025.
Com. v. Oglesby; 2407 EDA 2024; upon consideration of the
application of Appellant, Shawn Oglesby, 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 14, 2025.
Com. v. Mortimer; 2139 EDA 2024; upon consideration of
the application of Appellant, Joseph Mortimer, for extension of time to file
Brief the application is hereby granted. Appellant�s Brief shall be filed on or
before February 13, 2025.
In Re: Estate Of David A. Byerly Appeal Of: David M.
Byerly; 2418 EDA 2024; Motion to Extend Time for Filing Docketing Statement,�
docketed as �Application for Extension of Time to File Docketing Statement,�
filed by Appellant, David M. Byerly, and considering that Appellant filed his
docketing statement on December 11, 2024, the application is Granted, and the
docketing statement filed on December 11, 2024, is accepted as timely filed.
Com. v. Bradstreet; 882 EDA 2024; The second application
of Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief,
the application is hereby Granted. Appellee�s brief shall be filed by January
6, 2025. No further extensions will be granted absent extenuating
circumstances.
Raven-Melchiz El v. Pettway; 2518 EDA 2024; This Court�s
December 5, 2024 Order directing pro se Appellant, Bennie R. Hearst Pettway, to
show cause as to why the appeal should not be quashed or dismissed due to
waiver is Vacated.
Com. v. Medina; 1125 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
2, 2025.
Com. v. Blong; 524 EDA 2024; upon consideration of 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 December 20, 2024.
Strub v. Wesol; 2904 EDA 2024; Appellant�s notice of
appeal and docketing statement, the appeal at No. 2904 EDA 2024 is hereby
Dismissed as duplicative of the appeal at No. 3022 EDA 2024. All properly
preserved issues sought to be raised at No. 2904 EDA 2024 may be raised in the
appeal at No. 3022 EDA 2024. This Order is not a determination as to the
propriety of the appeal.
Com. v. Sears; 1211 EDA 2024; upon consideration of the
application of Appellant, Allen Sears, for extension of time to file Brief the
application is hereby granted. No further extensions hall be granted absent
extenuating circumstances. Appellant�s Brief shall be filed on or before
February 7, 2025.
FLD Properties, Inc. v. Lets Talk Trash; 2447 EDA 2024;
The notice of appeal and docketing statement filed by Appellants Lets Talk
Trash, LP; Lets Talk Trash 2, LP; and Abraham Silber, defendants below,
Appellants appeal from the August 14, 2024 non-jury verdict in favor of
Appellee FLD Properties, Inc., plaintiff below. The trial court docket reflects
that Appellants did not file post-trial motions following entry of this
decision.