Superior Court
OPINIONS FILED & JUDGMENT ORDERS
PER CURIAM
January 18, 2024
Haines v. Frank; 1027 EDA 2022; Affirmed.
Com. v. Rice; 1037 EDA 2022; Affirmed/Reversed/Remanded;
Comments: Jurisdiction Relinquished; Associated: 1038 EDA 2022; Comments:
Jurisdiction Relinquished; 1039 EDA 2022; Comments: Jurisdiction Relinquished.
Com. v. Burgess; 1986591 EDA 2022; Affirmed; Comments:
Jurisdiction Relinquished; Associated: 1987 EDA 2022; Comments: Jurisdiction
Relinquished.
in the Int. of: N.G., Appeal of: N.G.; 2901 EDA 2022;
Affirmed; Comments: Jurisdiction Relinquished.
Com. v. Burgess; 3058 EDA 2022; Affirmed; Comments:
Jurisdiction Relinquished.
Com. v. Alston; 309603060 EDA 2022; Affirmed; Comments:
Jurisdiction Relinquished.
Rodriguez v. St. Luke�s Hospital; 3198 EDA 2022;
Affirmed; Comments: Jurisdiction Relinquished.
Com. v. Miller; 250 EDA 2023; Affirmed.
Jabbour v. 1800 Street Road Realty; 345 EDA 2023;
Reversed.
Com. v. Gilces; 735 EDA 2023; Affirmed; Comments:
Jurisdiction Relinquished.
Linn v. Perrotti; 2808 EDA 2022; Vacated/Rem; Comments:
Jurisdiction Relinquished. This decision was reached prior to the retirement of
Judge Pellegrini.
Com. v. Strouse; 2470 EDA 2022; Affirmed/Vacated;
Comments: Jurisdiction Relinquished.
January 17, 2024
Com. v. Henderson; 1162 EDA 2022; Affirmed.
Com. v. Williamson; 2909 EDA 2022; Affirmed.
Com. v. Francis; 92 EDA 20223; Affirmed.
Com. v. Bethea; 547 EDA 2023; Affirmed; Comments:
Application for Remand Denied.
January 16, 2024
Com. v. Lanier; 1582 EDA 2022; Appeal Dismissed.
Com. v. Grier; 1778 EDA 2022; Affirmed.
Com. v. Jones; 1882 EDA 2022; Affirmed.
Com. v. Elgaafary; 478 EDA 2023; Affirmed.
Singhal v. Berg; 868 EDA 2023; Affirmed.
Thorson v. EDDW, LLC; 3059 EDA 2022; Affirmed.
January 12, 2024
Com. v. Manley; 2560 EDA 2022; Affirmed.
Com. v. Williams; 2879 EDA 2022; Affirmed.
In the Int. of: U.G., Appeal of: K.V.; 1427 EDA 2023;
Affirmed; Associated: 1430 EDA 2023; 1428 EDA 2023; 1429 EDA 2023; 1432 EDA
2023.
Com. v. Matern; 1794 EDA 2023; Affirmed- Application to
Withdraw as Counsel Granted.
Com. v. Murray; 1849 EDA 2023; Affirmed.
Watson v. Baby Trend, Inc.; 2356 EDA 2022; Affirmed.
OPINIONS FILED
PER CURIAM
January 29, 2024
SULLIVAN, J.
Com. v. Watson, Appellant; No. 1049 WDA 2022; Appeal from
the Judgment of Sentence Entered March 23, 2022 In the Court of Common Pleas of
Clarion County Criminal Division at No(s): CP-16-CR-0000086-2020; Appeal
dismissed.
BOWES, J.
Com. v. Falcey, Appellant; No. 1541 EDA 2023; Appeal from
the Judgment of Sentence Entered November 18, 2022 In the Court of Common Pleas
of Bucks County Criminal Division at No(s): CP-09-CR-0005656-2020; Panel
jurisdiction retained.
January 25, 2024
COLINS, J.
N.T., A Minor v. The Children�s Hospital Of Philadelphia;
No. 3015 EDA 2022; Appeal from the Order Entered November 10, 2022 In the Court
of Common Pleas of Philadelphia County Civil Division at No(s): 160301791;
Order affirmed.
January 18, 2024
SULLIVAN, J.
Com. v. McLendon, Appellant; No. 1689 MDA 2021; Appeal
from the PCRA Order Entered December 20, 2021 In the Court of Common Pleas of
Luzerne County Criminal Division at No(s): CP-40-CR-0001475-2016; Order
affirmed.
January 11, 2024
BOWES, J.
Com. v. Rondon; No. 511 MDA 2022; Appeal from the Order
Entered March 8, 2022 In the Court of Common Pleas of Cumberland County
Criminal Division at No(s): CP-21-CR-0001073-2020; Order affirmed.
BOWES, J.
Com. v. Corson, Appellant; No. 929 MDA 2022; Appeal from
the Judgment of Sentence Entered June 1, 2022 In the Court of Common Pleas of
Union County Criminal Division at No(s): CP-60-CR-0000168-2021; Judgment of
sentence and convictions vacated. Case remanded for further proceedings
consistent with this opinion. Jurisdiction relinquished.
ORDERS & DECREES
PER CURIAM
Com. v. Lawrence; 1906 EDA 2021; Appellant�s second
motion for extension of time to file a brief is hereby Granted. Appellant�s
Brief is now due on or before February 29, 2024.
Com. v. Alexander; 1331 EDA 2023; The application of
Appellant, John Alexander, for extension of time to file Brief the application
is hereby Granted In Part. No further extensions. Appellant�s Brief shall be
filed on or before February 2, 2024.
In The Interest Of: R.H., A Minor Appeal Of: J.A.H., Father;
2820 EDA 2023; This appeal is taken from the August 10, 2023 permanency review
order (�August 10th Order�) in Child�s dependency matter. The August 10th Order
directs that the current placement goal is reunification, the concurrent
placement goal is adoption, and the current placement goal is feasible and
appropriate. The August 10th Order also continued no visitation with Father as
Father had not requested it and his bail bond had not permitted contact with
minor children. This Court entered an order directing counsel to respond
regarding the appealability of the August 10th Order.
Com. v. Wallace; 2673 EDA 2023; The application of
Appellant, Gary Wallace, for extension of time to file Brief the application is
hereby granted. NO further extensions will be granted. Appellant�s Brief shall
be filed on or before March 18, 2024.
McCarthy and Company, Inc. v. Pollen; 2254 EDA 2023; The
application of Appellee, McCarthy and Company, Inc., 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 February 21, 2024.
Gross v. Mintz; 109 EDA 2024; Appellant, Richard Ducote,
Esquire is counsel for Mother, Nicole Eva Gross. Counsel Ducote is appealing on
his own behalf a November 29, 2023 order entered in his client�s custody
matter. This appeal does not meet the definition of a Children�s Fast Track
case pursuant to Pa.R.A.P. 102.
Grate v. Mann; 3037 EDA 2023; Appellant�s petition for in
forma pauperis as to this appeal was denied by the trial court. Therefore, on
December 29, 2023, this Court entered an order directing Appellant to pay the
filing fees for this appeal so that the full amount of the fees were received
in the trial court no later than January 8, 2024. Appellant was cautioned, in
the December 29th Order, that a failure to timely pay the full amount of fees
no later than January 8, 2024 shall result in dismissal of this appeal without
further notice of court.
Duffy v. Duffy; 3044 EDA 2023; This appeal has been taken
from the November 6, 2023 Temporary Custody Order. The appeal is not final or
otherwise appealable. Generally, only final orders are appealable.
LM. v. B.C.; 3013 EDA 2023; Appellant has filed this pro
se Notice of Appeal from the September 13, 2021 order. The Notice of Appeal was
filed on November 8, 2023 in the trial court and titled �Motion For Nunc Pro
Tunc Order Notice of Appeal�. In light of the fact that this appeal appears to
be untimely, on December 26, 2023 a show cause order was entered directing
Appellant to respond as to why this appeal should not be quashed.
Com. v. Burns; 258 EDA 2023; The application of Appellee,
Naquan Burns, 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 March 22, 2024.
Santo v. Batterman; 3136 EDA 2023; This appeal has been
taken from the November 8, 2023 order that denied Appellant�s petition for in
forma pauperis (IFP). On January 12, 2024 the trial court entered an order that
denied the petition to appeal IFP in the above-captioned appeal.
Robinson v. Harris; 148 EDA 2024; The Application for
Emergency Relief, filed January 12, 2024, is hereby Denied without prejudice
for the Appellant to seek the requested relief in the trial court.
Com. v. Burks; 1070 EDA 2023; 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 February 1, 2024.
Robinson v. Harris; 148 EDA 2024; This appeal has been
taken from the January 11, 2024 temporary custody order. The January 11th order
does not appear to be final or otherwise appealable and thus this Court does
not appear to have jurisdiction over the January 11th order.
Bittner v. Bittner; 2498 EDA 2023; The application of
Appellee, Emily Bittner, for extension of time to file Brief the application is
hereby granted. Appellee�s Brief shall be filed on or before February 26, 2024.
Com. v. Bowers; 2722 EDA 2023; The application of
Appellant, Michelle Bowers, for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before February 15,
2024.
Com. v. Petit-Homme; 1862 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 March 18, 2024.
Com. v. Riviera; 2269 EDA 2023; the application of
Appellant, Angel Riviera, for extension of time to file Brief the application
is hereby granted. NO further extensions will be granted. Appellant�s Brief
shall be filed on or before March 18, 2024.
Com. v. Wimberly; 2553 EDA 2023; The application of
Appellant, Quentin Maurice Wimberly, for extension of time to file Brief the
application is hereby granted. NO further extensions will be granted.
Appellant�s Brief shall be filed on or before March 18,2024.
Com. v. McDowell; 1782 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 March 18,2024.
Com. v. Depaz; 1333 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 February 1, 2024.
Com. v. McIntosh; 392 EDA 2023; The application of
Appellant, 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 February 5, 2024.
Com. v. Wynder; 1256 EDA 2023; Appellant�s application
for a second extension of time to file briefs is Granted. Appellant�s brief is
due by February 1, 2024. No further extensions will be granted.
Com. v. Ceaser; 410 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 31, 2024.
Com. v. Burton; 106 EDA 2024; In light of the fact that
attached to the notice of appeal forwarded to this Court for docketing is an
�Application For In Forma Pauperis� captioned in the trial court, and there is
no indication on the trial court docket that the trial court docketed the
�Application For In Forma Pauperis/� the Prothonotary of this Court is directed
to forward the �Application For In Forma Pauperis� to the trial court for
proper filing.
Com. v. Desiato; 147 EDA 2024; In light of the fact that
Appellant is appealing the judgment of sentence imposed for violating local
ordinances, 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 this
appeal should not be transferred to the Commonwealth Court of Pennsylvania.
Prentice v. Greenaway; 2630 EDA 2023; Application For
Correction Of Original Record�, filed January 8, 2024, it is hereby Ordered.
The portion of Appellant�s Application For Correction that effectively requests
that the trial court file a supplemental certified record is Denied without
prejudice to seek the requested relief within 10 days of the date of this Order
with the trial court, or no later than January 22, 2024.
Williams v. Williams; 2528 EDA 2023; This Children�s Fast
Track appeal has been taken from the August 27, 2023 Custody order. The Court
Reporter is hereby directed to file the transcripts from the hearings no later
than January 22. 2024.
Colon v. Mothee; 3014 EDA 2023; Pro se Appellant filed a
document with the trial court titled �Motion For Nunc Pro Tunc Order Notice of
Appeal� addressing orders entered August 9, 2021 and September 30, 2021. The
document titled �Motion Nunc Pro Tunc Order Notice of Appeal� was entered by
the trial court as a Notice of Appeal on November 8, 2023 and entered by this
Court in the above-captioned appeal.
CIMI THL OPS (Residence Inn) v. Agostinelli; 66 EDA 2024;
Application for Reconsideration of Order,� docketed as �Application for
Reconsideration,� of this Court�s January 11, 2024, Order denying the
application for emergency relief filed by pro se Appellants Ken and Lisa
Agostinelli, the application is Denied.
Com. v. Collazo; 1639 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 March 11, 2024.
Com. v. Smith; 1061 EDA 2023; Application of Appellee,
Commonwealth of Pennsylvania, for extension of time to file Brief, the
application is hereby Granted. Appellee�s Brief filed January 9, 2024, is
considered timely filed.
Com. v. Amaro; 381 EDA 2023; 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 25, 2024.
Com. v. Hayward; 1702 EDA 2023; Appellant�s nunc pro tunc
application for a second extension of time to file briefs is Granted. Appellant�s
brief is due by January 30, 2024. No further extensions will be granted.
Com. v. McDevitt; 2202 EDA 2023; The application of
Appellee, John McDevitt, for extension of time to file Brief the application is
hereby granted In Part. No further extensions will be granted. Appellee�s Brief
shall be filed on or before March 18,2024.
Com. v. Veney; 443 EDA 2023; Appellant�s application for
a second extension of time to file briefs is Granted. Appellant�s brief is due
by February 2, 2024. No further extensions will be granted.
Riverside Senior Apartments v. Henderson, D.; 2713 EDA
2023; The above-captioned appeal is dismissed for the failure of the appellant
to comply with Pa.R.A.P. 3517.
Com. v. Montgomery; 268 EDA 2023; Appellant�s January 11,
2024 application for reconsideration of this Court�s dismissal Order is
Granted. This Court�s January 11, 2024 Order is Vacated, and the
above-captioned appeal is Reinstated. The vacatur of this Court�s January 11,
2024 Order includes vacating the directive to withhold attorney�s fees.
Weibel, R. v. McDonough, J.; 2870 EDA 2023; The
above-captioned appeal is dismissed for the failure of the appellant to comply
with Pa.R.A.P. 3517.
Com. v. Tucker, D.; 2742 EDA 2023; The above-captioned
appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P.
3517.
D�Antonio, A. v. D�Antonio, M.; 2789 EDA 2023; The
above-captioned appeal is dismissed for the failure of the appellant to comply
with Pa.R.A.P. 3517.
Young v. Ciccarello; 484 EDA 2023; The December 8, 2023
correspondence from the trial court (docketed as �Response to Order�), the
trial court indicates that it still cannot confirm whether
Appellant/Cross-Appellee Leon Ciccarello is deceased. As such, this Court will
assume that Ciccarello is not deceased. For ease of disposition in the event
that Ciccarello is deceased, however, the above-captioned appeals are
Un-Consolidated and shall be argued and briefed as separate appeals.
Young v. Ciccarello; 484 EDA 2023; The trial court
indicates that it still cannot confirm whether Appellant/Cross-Appellee Leon
Ciccarello is deceased. As such, this Court will assume that Ciccarello is not
deceased. For ease of disposition in the event that Ciccarello is deceased, however,
the above-captioned appeals are UN-CONSOLIDATED and shall be argued and briefed
as separate appeals. Leon Ciccarello shall be Appellant and Patrick Young shall
be Appellee in the appeal at Docket No. 484 EDA 2023. Patrick Young shall be
Appellant and Leon Ciccarello shall be Appellee in the appeal at Docket No. 635
EDA 2023.
Khalil v. Mary Jane Home Enrichment Center Inc.; 2002 EDA
2023; Appellant�s failure to file a brief, upon further review of Appellant�s
second request for an extension of time to file briefs, the following is hereby
Ordered: the January 11, 2024 dismissal Order is Vacated Sua Sponte, and the
above-captioned appeal is Reinstated.
Com. v. Quebedo; 1412 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 March 18,2024.
AAA Unique Constr v. Mitchell, R.; 2743 EDA 2023; The
above-captioned appeal is dismissed for the failure of the appellant to comply
with Pa.R.A.P. 3517.
Com. v. Jones, J.; 2647 EDA 2023; The above-captioned
appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P.
3517.
Com. v. Volansky, E.; 2797 EDA 2023; The above-captioned
appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P.
3517.
Com. v. Showell; 2121 EDA 2023; The application of
Appellant, Brian Keith Showell, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
March 1, 2024.
Sigman, T. v. Northampton County Children & Youth;
2441 EDA 2023; The above-captioned appeal is dismissed for the failure of the
appellant to comply with Pa.R.A.P. 3517.
Com. v. Ali; 2355 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 March 18,2024.
Com. v. Salmond; 2201 EDA 2023; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No Further Extensions. Appellee�s Brief shall be
filed on or before March 18, 2024.
Com. v. Duncan; 2818 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
January 30, 2024.
Com. v. Nellom; 734 EDA 2023; Appellant�s unopposed
Application to Submit on Briefs and in light of the fact that Appellant appeals
from the denial of relief under the Post Conviction Relief Act, 42 Pa.C.S. ��
9541-9546, see Pa.R.A.P. 2311(b) (unless otherwise directed, post-conviction
relief cases shall be submitted on briefs), the application is Granted.
Com. v. Young; 2605 EDA 2023; The application of
Appellant, Glendel Young, for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before February 15,
2024.
Com. v. Duncan; 2818 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
March 18, 2024.
Dinger v. Clinger; 2706 EDA 2023; The application of
Appellant, Elizabeth Protesto dinger, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
January 30, 2024.
Com. v. Trejo; 2376 EDA 2023; The application of
Appellant, Anita D. Trejo, for extension of time to file Brief the application
is hereby granted. No further extensions will be Granted. Appellant�s Brief
shall be filed on or before March 18, 2024.
Estate Of: Robert L. Montgomery, Jr., Deceased Appeal Of:
H. Beatty Chadwick; 96 EDA 2023; Application For Reargument,� the application
is Dismissed as untimely filed.
Spinelli v. Fallon; 892 EDA 2023; Appellant�s Application
to Deem Brief and Reproduced Record filed on December 18, 2023 on Docket 893
EDA 2023 as Timely Filed�� (docketed as �Application for Relief�), the
application is Granted as follows.
Grate v. Mann; 36 EDA 2024; It appears that Appellant has
filed this appeal from the November 29, 2023 order, entered on the trial court
docket on December 7, 2023 (�December 7th Order�). The December 7th Order
denied Appellant�s petition to appeal in forma pauperis as to the appeal at
3037 EDA 2023.
Com. v. Wright; 433 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.
Appellant�s Brief shall be filed on or before March 18, 2024.
Com. v. Cook; 1206 EDA 2023; Appellant�s application for
an extension of time to file a reply brief is Granted. Appellant�s reply brief
is due by January 24. 2024. No further extensions will be granted.
Com. v. Allen, A.; 2934 EDA 2023; 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.
Com. v. Vurimindi; 2272 EDA 2023; According to the trial
court docket, on September 5, 2023, an �Order Dismissing PCRA Petition As Moot�
was entered. The September 5, 2023 trial court docket comment states, in part,
�Defense Attorney Lawrence O�Connor is Removed as Counsel.� On that same date,
Appellant filed the instant pro se notice of appeal from the September 5, 2023
PCRA dismissal order.
Com. v. Montanez; 2154 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 18, 2024.
Com. v. William; 2235 EDA 2023; On November 20, 2020, a
PCRA petition was filed. On February 22, 2022, an order dismissing the PCRA
petition was entered.
Vurimindi v. McCracken; 2809 EDA 2022; Application for
relief is Granted. In prior Orders of this Court, and most recently on December
6, 2023, this Court directed the court of common pleas to verify the
representation status of all defendants named as potential Appellees
(hereinafter, �December 2011 Defendants�) by Appellant. On December 21, 2023,
the court of common pleas provided this Court with a list of parties, their
representation status as currently listed on the court of common pleas docket,
and the date each party was dismissed from the case.
Com. v. Horvath; 844 EDA 2023; Appellant�s January 3,
2024 �Appellant�s Motion To Vacate Briefing Schedule And For Extension Of Time
To File Brief,� filed by Brett J. Riegel, Esquire, the following is hereby
Ordered: Appellant�s request to vacate the briefing schedule is Denied without
prejudice to file a new application to vacate the briefing schedule and for
extension of time to file brief if the relevant PCRA petition filed at
CP-45-CR-0002547-2016 is decided prior to the filing of Appellant�s brief in
the instant appeal.
Castelli v. Goldman; 1961 EDA 2023; The briefing schedule
in the above-captioned appeal is Suspended and shall be reset following
disposition of the December 13, 2023 �Application for Consolidation� that was
filed in the related appeal at 1994 EDA 2023. The January 2, 2024 �Application
for Extension of Time to File Brief-Second Request� filed by Appellants is
Dismissed as moot.
Com. v. Gutierrez; 541 EDA 2023; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No Further Extensions. Appellee�s Brief shall be
filed on or before March 18, 2024.
Com. v. ZelesKi; 1614 EDA 2023; The application of
Appellee, Robert Dennis Zeleski, for extension of time to file Brief the
application is hereby granted. No Further Extensions. Appellee�s Brief shall be
filed on or before March 18, 2024.
Castelli v. Goldman; 1994 EDA 2023; The briefing schedule
in the above-captioned appeal is Suspended and shall be reset following
disposition of the December 13, 2023 �Application for Consolidation.� The January
4, 2024 �Application for Extension of Time to File Brief-Second Request� filed
by Appellant is Dismissed as moot.
Hazel v. Hazel; 5 EDA 2024; This appeal has been taken
from an interlocutory November 17, 2023 order entered in the parties� ongoing divorce
matter. This order does not appear final or otherwise appealable. Appellant
asserts, in their completed docketing statement, that this order is appealable
pursuant to Pa.R.A.P. 313 citing to McMahon v. McMahon, 706 A.2d 350 (Pa.
Super. 1998). McMahon addressed an order finding husband in contempt and a
companion order that directed husband to sign agreement to sell certain
property as part of the finding of contempt and purge condition.
Com. v. Haven; 2279 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 March 25, 2024.
Com. v. Carey; 253 EDA 2023; The application of
Appellant, Marcus M. Carey, for extension of time to file Brief the application
is hereby granted In Part. NO further extensions will be granted. Appellant�s
Brief shall be filed on or before February 2, 2024.
Com. v. Harper; 2707 EDA 2023; The application of
Appellant, John Harper, for extension of time to file Brief the application is
hereby granted. Appellant�s Brief shall be filed on or before March 7, 2024.
Com. v. Jones; 1209 EDA 2023; Pursuant to Pennsylvania
Rule of Appellate Procedure 513, we sua sponte consolidate the appeals listed
at 1207 EDA 2023, 1208 EDA 2023, and 1209 EDA 2023, as they all challenge the
post-conviction court�s January 18, 2022 dismissal order.
Com. v. Wheeler; 338 EDA 2023; Appellant�s pro se January
8, 2024 �Application For Reargument,� the application is Dismissed as untimely
filed.
Com. v. Haynes; 2318 EDA 2023; The application of
Appellant, Financial Casualty and Surety, Inc., for extension of time to file
Brief the application is hereby granted. No further extensions will be granted.
Appellant�s Brief shall be filed on or before February 26, 2024.
Com. v. Matthews; 2093 EDA 2023; the application of
Appellant, John A. Matthews, for extension of time to file Brief the
application is hereby granted. NO further extensions will be granted.
Appellant�s Brief shall be filed on or before March 22, 2024.
Santo v. Batterman; 2406 EDA 2023; In light of the fact
that the above-captioned appeal was quashed by Order on December 1, 2023, over
thirty days ago Appellant�s motion titled �Application For Emergency Relief�,
filed January 16, 2024, is hereby Dismissed as Moot.
Robboy v. Two Independence Place Condominium Owners�
Association; 2266 EDA 2023; The briefing schedule in the above-captioned appeal
is Suspended pending further Order of this Court. Appellees� January 11, 2024
�Application to Dismiss� and Appellant�s January 18, 2024 �Application for
Extension of Time to File Brief-First Request� will be disposed of following a
decision regarding this Court�s jurisdiction as discussed in this Court�s November
21, 2023 show-cause order.
Com. v. Holmes; 2056 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 March 19,2024.
Insectarium and Butterfly Pavilion, Inc. v. Rubin; 2091
EDA 2023; The application of Appellee, Steven Rubin, Executor of the Estate of
Milton Rubin, for extension of time to file Brief the application is hereby
granted. Appellee�s Brief shall be filed on or before March 1, 2024.
Cummando v. Cummando; 2839 EDA 2023; This notice of
appeal, filed on October 16, 2023, has been taken from the September 14, 2023
order that, inter alia, denied Husband�s petition for special relief, granted
Wife�s request for reimbursement of counsel fees, directed Husband to pay
Wife�s counsel fees in the amount of $500, and directed Husband�s counsel to
provide a written explanation to the trial court as to why Husband did not
appear for the scheduled proceeding in the parties ongoing divorce matter, and
directed a written apology be given to Wife�s Counsel.
Watson v. Price; 34 EDA 2024; This appeal has been taken
from the November 17, 2023 Final Protection From Abuse order. This appeal appears
to be untimely; and thus, this Court does not appear to have jurisdiction over
the November 17, 2023 order. The trial court docket reveals that the November
17th order was entered on the trial court docket the same day. Therefore,
Appellant was required to file her appeal within thirty days of November 17,
2023, or no later than December 18, 2023, since the thirtieth day was a Sunday.
Francis v. Smith; 67 EDA 2024; This appeal has been taken
from the December 14, 2023 order that denied Appellant�s petition for
reconsideration of the November 14, 2023 final custody order. This appeal
appears untimely.
In the Interest of: A.M., a Minor Appeal of: A.M., Minor;
2695 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 March
19, 2024.
Com. v. Bruschi; 2297 EDA 2023; The application of
Appellant, Robert Bruschi, for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before February 15,
2024.
Batterman v. Santo; 3156 EDA 2023; This appeal has been
taken from the October 23, 2023 order that denied Appellant�s petition
requesting that the trial court mail him all orders since August 1, 2023. The
trial court notes that the Montgomery Prothonotary has sent all orders to
Appellant at his address and directs Appellant to pursue non-Court ordered
methods if Appellant would like additional and/or replacement copies of any
orders. In light of the fact that there does not appear to be a case or
controversy for this Court to review nor does it appear that Appellant is
foreclosed from seeking copies of additional and/or replacement copies of
orders in non-Court method, on January 2, 2024 a show cause order was entered
directing Appellant to respond as to this Court�s jurisdiction.
Baumert v. Baumert; 3137 EDA 2023; This appeal has been
taken from an October 31, 2023 domestic relations contempt order entered on the
trial court docket on November 1, 2023 (�November 1st Order�). The Notice of
Appeal, filed December 6, 2023, appears to be untimely and thus, this Court
does not appear to have jurisdiction to review the November 1st order.
Rosin v. PA Associates and Gary Schmidt; 2435 EDA 2023;
The application of Appellant, PA Associates and Gary Schmidt, for extension of
time to file Brief the application is hereby granted. No further extensions
will be granted. Appellant�s Brief shall be filed on or before April 5, 2024.
Abdullah v. Sporish; 3024 EDA 2023; This Court directing
Appellant to file with the Philadelphia Superior Court Prothonotary the filing
fee for the above-captioned appeal no later than January 8, 2024 or the appeal
would be dismissed. Appellant failed to pay the filing fees as ordered by this
Court.
Com. v. Shedrick; 2635 EDA 2023; The application of
Appellant, James Shedrick, for extension of time to file Brief the application
is hereby granted. No further extensions will be granted. Appellant�s Brief
shall be filed on or before April 12, 2024.
Williams v. FemmePharma Consumer Healthcare; 2285 EDA
2023; The application of Appellee, FemmePharma Consumer Healthcare, et al, for
extension of time to file Brief the application is hereby granted. Appellee�s
Brief shall be filed on or before March 6, 2024.
Com. v. Allen; 2245 EDA 2023; Appellant�s January 9, 2024
�Appellant�s Request For Additional Time To Respond To The Rule To Show Cause,�
filed by Todd M. Mosser, Esquire, Appellant�s response to this Court�s December
27, 2023 Order to show cause shall be filed on or before February 2, 2024. No
further extensions will be granted.
Com. v. Green; 2060 EDA 2022; It is hereby Ordered 1. In
violation of Commonwealth v. Walker, 185 A.3d 969 (Pa. 2018), and Pa.R.A.P.
902, Appellant filed a single notice of appeal from two separate cases,
CP-51-CR-0000253-2017 and CP-51-CR-0006193-2016 orders entered at separate
trial court docket numbers.
Taggart v. Taggart; 2071 EDA 2023; The application of
Appellant, Barry Taggart, Jr., for extension of time to file Brief the
application is hereby granted. No further extensions will be granted.
Appellant�s Brief shall be filed on or before March 25, 2024.
In The Interest Of: A.T., A Minor Appeal Of: A.T., A
Minor; 68 EDA 2024; Appeals involve related parties and issues. Accordingly,
the appeals at Nos. 68 EDA 2024 and 69 EDA 2024 are hereby Consolidated.
Cummando v. Cummando; 2838 EDA 2023; Appellant to respond
as to why the above-captioned appeal should not be dismissed as duplicative of
the appeal taken from the identical September 14, 2023 order at 2839 EDA 2023.
Appellant failed to respond. Accordingly, the appeal at 2838 EDA 2023 is hereby
Dismissed.
U.S. Bank Trust National Association Kelli Troiani And
Michael Troiani; 1588 EDA 2023; Appellant�s Application for Continuance, it is
hereby ordered that said motion is Granted. The Prothonotary is directed to
assign this matter to the next available argument panel and to not schedule
argument of this matter for a date during the period of March 19 through March
26, 2024.
Grate v. Mann; 3201 EDA 2023; This appeal as been taken
from the interlocutory November 20, 2023 order that, in pertinent part,
continued the custody matter at Appellant�s request. In light of the fact that
the November 20th order does not appear final or otherwise appealable, this Court
entered a show cause order on January 8, 2024, directing Appellant to respond
as to this Court�s jurisdiction over the interlocutory order since claims
remain before the trial court.
APPEALS FILED
In Re: D.F. Appeal of: Mother; 71 EDA 2024; from order of
Phila Cty; CP-5 1-DP-0000157-2016; H. Levin.
In Re: D.F. Appeal of: Mother; 72 EDA 2024; from order of
Phila Cty; CP-5 1-AP-0000710-2019; H. Levin.
In Re: D.F. Appeal of: Mother; 73 EDA 2024; from order of
Phila Cty; CP-5 1-DP-0000159-2016; H. Levin.
In Re: D.F. Appeal of: Mother; 74 EDA 2024; from order of
Phila Cty; CP-5 1-AP-0000711-2019; H. Levin.
In the Interest of: G.N-I; 75 EDA 2024; from order of
Phila Cty; CP-51-DP-0000912-2020; A. Dagher.
In the Interest of: G.N-I; 77 EDA 2024; from order of Phila
Cty; CP-51-AP-0000662-2022; A. Dagher.
In the Interest of: V.N-I; 78 EDA 2024; from order of
Phila Cty; CP-51-DP-0001186-2021; A. Dagher.
In the Interest of: V.N-I; 79 EDA 2024; from order of
Phila Cty; CP-51-AP-0000660-2022; A. Dagher.
Estate of Gretchen Van Tassel, Deceased; 80 EDA 2024;
from order of Delaware Cty; 2032-0556; B. Laverty.
Chris Eldredge Containers, LLC v. Crum & Forster
Specialty Insurance Company,; 81 EDA 2024; from order of Chester Cty;
2022-02348-MJ.
Rotert v. Hopkins; 84 EDA 2024; from order of Wayne Cty;
309-Civil-2022; E. Abrahamsen.
Crissie v. Muscali; 85 EDA 2024; from order of Phila Cty;
OC0900962.
Crissie v. Muscali; 86 EDA 2024; from order of Phila Cty;
OC0900962.
Hallowell v. Hallowell; 88 EDA 2024; from order of
Montgomery Cty; 2023-18974; J. Ready.
Com. v. Santiago; 93 EDA 2024; from order of Monroe Cty;
429 CR 2022; C. Bleice
Com. v. Rodriguez; 7694 EDA 2024; from order of
Northampton Cty; 111-2022; M. Heidorn.
Com. v. DeShields; 95 EDA 2024; from order of Phila Cty;
CR-502-2011.
Com. v. Larosa; 97 EDA 2024; from order of Phila Cty;
MC-51-CR-0014797-2016; A. Marcus.
Com. v. Nevius; 99 EDA 2024; from order of Lehigh Cty;
CP-39-CR-4098-2021; M. Brunnabend.
Com. v. Bell; 100 EDA 2024; from order of Phila Cty; U
243729-3; R. Monzenter.
Com. v. A Plus Equipment Solutions; 101 EDA 2024; from
order of Phila Cty; CP-51-MD-0006204-2018; L. Goode.
Com. v. A Plus Equipment Solutions; 102 EDA 2024; from
order of Phila Cty; CP-51-MD-0006210-2018; L. Goode.
Com. v. A Plus Equipment Solutions; 103 EDA 2024; from
order of Phila Cty; CP-51-MD-0006211-2018; L. Goode.
Com. v. A Plus Equipment Solutions; 104 EDA 2024; from
order of Phila Cty; CP-51-MD-0006212-2018; L. Goode.
Com. v. A Plus Equipment Solutions; 105 EDA 2024; from
order of Phila Cty; CP-51-MD-0006213-2018; L. Goode.
Com. v. Buton; 106 EDA 2024; from order of Phila Cty;
CP-51-CR-0406851-2002
Com. v. Jones; 107 EDA 2024; from order of Phila Cty;
OC1911590
Moore v. Goode; 108 EDA 2024; from order of Phila Cty;
0C0907717.
Gross v. Mintz; 10976 EDA 2024; from order of Montgomery
Cty; 2017-28078.
McFadden v. Genovesi; 110 EDA 2024; from order of Bucks
Cty; 2015-06593.
Bultman v. Soato; 115 EDA 2024; from order of Montgomery
Cty; 2019-06877.
Bultman v. Soato; 116 EDA 2024; from order of Montgomery
Cty; 2019-06877.
Bultman v. Soato; 117 EDA 2024; from order of Montgomery
Cty; 2019-06877.
Com. v. Desiato; 147 EDA 2024; from order of Bucks Cty;
CP-09-SA-000655-2022.
Robinson v. Harris; 148EDA 2024; from order of Phila Cty;
0C0515835.
APPEALS DISCONTINUED
Georgine�s Knights, Inc. v. SJW Home Association; 3157
EDA 2023; from order of Bucks Cty.