Superior Court
OPINIONS FILED & JUDGMENT ORDERS
PER CURIAM
March 14, 2024
Com. v. Sanders; 904 EDA 2021; Affirmed.
Com. v. Corbin; 704 EDA 2022; Affirmed.
Com. v. Ford; 2885 EDA 2022; Affirmed; Comments:
Jurisdiction Relinquished.
Com. v. Gethers; 465 EDA 2023; Affirmed.
Five Star Bank v. Chipego; 2432 EDA 2022;
Affirmed/Remanded; Comments: Jurisdiction Relinquished.
March 13, 2024
Com. v. Rivers; 2911 EDA 2022; Affirmed.
Com. v. Gordon; 3127 EDA 2022; Affirmed.
Com. v. Harris; 390 EDA 2023; Affirmed; Associated: 391
EDA 2023.
Com. v. Miller; 838 EDA 2023; Affirmed.
DeMarco, Z. v. Shoemaker-Skanska, a joint venture; 1323
EDA 2023; Affirmed.
Roy v. Roy; 1869 EDA 2023; Affirmed/ Vacated/Remanded;
Comments: Order Affirmed in part and Vacated in part.
Case Remanded for further proceedings consistent with this decision.
Jurisdiction Relinquished.
Lin v. Ouyang; 2147 EDA 2023; Affirmed.
In the Int. of: T.F., Appeal of: D.B.; 2231 EDA 2023;
Affirmed.
In the Int. of: B.S., Appeal of: J.S.; 2828 EDA 2023;
Affirmed.
Com. v. Floyd; 525 EDA 2023; Affirmed; Comments:
Jurisdiction Relinquished.
March 12, 2024
Com. v. Hymer; 3030 EDA 2022; Affirmed.
Com. v. Scarborough; 620 EDA 2023; Affirmed.
In Re: J.R., Appeal of: M.R. 673 EDA 2023; Remanded
Jurisdiction Retained; Comments: Here, the certificate of service attached to
the copy of the Rule 1925(b) statement in the record states that Appellants
served Appellees but does not mention the trial judge. Although Appellants
attached to their appellate brief a letter to the trial judge, this letter is
not in the trial court record, and there is nothing in the record suggesting
that the letter was mailed or delivered. Cf.
Berg, 6 A.3d at 1004 n.5 (accepting counsel�s
representations contained in a petition to modify a record a true where they
were sworn and attested to under penalty of perjury). Because it is unclear
whether Appellants served the trial court with the Rule 1925(b) statement, we
remand this matter for an evidentiary hearing. After a hearing, the trial court
shall determine whether Appellants served it with a copy of the Rule 1925(b)
statement.1 The court shall file in this court within
60 days of the date of this Memorandum a supplemental Rule 1925(a) opinion
setting forth its determination. Case remanded. Jurisdiction retained.;
Associated: 674 EDA 2023; Comments: Here, the certificate of service attached
to the copy of the Rule 1925(b) statement in the record states that Appellants
served Appellees but does not mention the trial judge. Although Appellants
attached to their appellate brief a letter to the trial judge, this letter is
not in the trial court record, and there is nothing in the record suggesting
that the letter was mailed or delivered. Cf.
Berg, 6 A.3d at 1004 n.5 (accepting counsel�s
representations contained in a petition to modify a record a true where they
were sworn and attested to under penalty of perjury). Because it is unclear
whether Appellants served the trial court with the Rule 1925(b) statement, we
remand this matter for an evidentiary hearing. After a hearing, the trial court
shall determine whether Appellants served it with a copy of the Rule 1925(b)
statement.1 The court shall file in this court within
60 days of the date of this Memorandum a supplemental Rule 1925(a) opinion
setting forth its determination. Case remanded. Jurisdiction retained.; 675 EDA
2023; Comments: Here, the certificate of service attached to the copy of the
Rule 1925(b) statement in the record states that Appellants served Appellees
but does not mention the trial judge. Although Appellants attached to their
appellate brief a letter to the trial judge, this letter is not in the trial
court record, and there is nothing in the record suggesting that the letter was
mailed or delivered. Cf.
Berg, 6 A.3d at 1004 n.5 (accepting counsel�s
representations contained in a petition to modify a record a true where they
were sworn and attested to under penalty of perjury). Because it is unclear
whether Appellants served the trial court with the Rule 1925(b) statement, we
remand this matter for an evidentiary hearing. After a hearing, the trial court
shall determine whether Appellants served it with a copy of the Rule 1925(b)
statement.1 The court shall file in this court within
60 days of the date of this Memorandum a supplemental Rule 1925(a) opinion
setting forth its determination. Case remanded. Jurisdiction retained.
Com. v. Schruby; 741 EDA 2023; Affirmed.
Com. v. Madonado; 878 EDA 2023; Affirmed.
In Re: G.A.T., Appeal of: T.T. and E.D.T.; 146 EDA 2023;
Affirmed.
Com. v. Warren; 923 EDA 2023; Affirmed; Comments:
Application for relief denied.
Maurer v. Curran; 1426 EDA 2023; Affirmed.
Aloia v. Diament Building Corp.; 1621 EDA 2023; Affirmed.
Asplundh v. Pendergrass; 1904 EDA 2023; Affirmed.
Allen Miller Trust v. Mahan; 2171 EDA 2023; Quashed.
March 08, 2024
Com. v. Knox; 120 EDA 2023; Affirmed - Application to
Withdraw as Counsel Granted.
In the Int. of: S.P., Appeal of: F.P.; 1038 EDA 2023;
Affirmed.
Com. v. McDuffie; 1736 EDA 2023; Affirmed.
In the Int. of: M.J.B., Appeal of: A.B.; 2366 EDA 2023;
Affirmed; Associated: 2367 EDA 2023; 2368 EDA 2023; 2369 EDA 2023.
Com. v. Vance; 2886 EDA 2022; Affirmed.
Castillo v. Guerra; 1579 EDA 2023; Affirmed.
OPINIONS FILED
PER CURIAM
March 28, 2024
STABILE, J.
Schwartz v. Kelly Services, Inc., Appellant; No. 755 EDA
2023; Appeal from the Order Entered March 17, 2023 In the Court of Common Pleas
of Philadelphia County Civil Division at No: 220902653; Order affirmed in part
and reversed in part. Case remanded for further proceedings consistent with
this Opinion. Jurisdiction relinquished.
February 14, 2024
STABILE, J.
Com. v. Valerio, Appellant; No. 128 EDA 2023; Appeal from
the PCRA Order Entered April 28, 2022 In the Court of Common Pleas of
Philadelphia County Criminal Division at No: CP-51-CR-0005678-2017; Order
vacated. Case remanded with instructions. Jurisdiction relinquished.
ORDERS & DECREES
PER CURIAM
Watson v. Price; 34 EDA 2024; This
appeal has been taken from the November 17, 2023 Final Protection From Abuse
order. On January 19, 2024, a show cause was entered by this Court as to the
apparent untimeliness of the appeal. On January 29, 2024, Appellant filed a response, that in part assailed an apparent breakdown in the
trial court. Therefore, on February 2, 2024, this Court entered an order
directing the trial court to hold a hearing as to the issue. On March 8, 2024,
the trial court filed a response asserting that after holding a hearing on the
issue it determined that the �trial court finds that an administrative
breakdown in the Delaware County Office of Judicial Support prevented Appellant
from timely and correctly filing this appeal�.
In Re: K.J.K., A Minor Appeal Of: P.A.L, Mother In Re:
A.S.K., A Minor; 506 EDA 2024; These matters indicates
that these appeals involve related parties and issues. Accordingly, the appeals
at Nos. 506 EDA 2024 and 507 EDA 2024 are hereby Consolidated.
U.S. Bank National Association, as Trustee for Harborview
Mortgage Loan Trust 2005-3, Mortgage Loan Pass-Through Certificates.
Com. v. Beaver-McKeon; 2901 EDA 2023; The
application of Appellant, Tracy and Michael Beaver-McKeon, 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 April 22, 2024.
Com. v. Hicks; 2738 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 May 13, 2024.
Com. v. Maggitti; 431 EDA 2024; The trial court docket
and the notices of appeal filed at Docket Numbers 431 EDA 2024, 432 EDA 2022,
433 EDA 2024, 458 EDA 2024, 459 EDA 2024, 460 EDA 2024, 461 EDA 2024, 491 EDA
2024, 492 EDA 2024, 675 EDA 2024, 676 EDA 2024, 677 EDA 2024, 678 EDA 2024, 679
EDA 2024, 680 EDA 2024, and 681 EDA 2024, the above-captioned appeals are
hereby consolidated.
Dime Bank v. Johns; The
application of Appellant, Allen P. Johns, III, et al., for extension of time to
file Brief the application is hereby granted. Appellant�s Brief shall be filed
on or before April 29, 2024.
Com. v. Jordan; 1677 EDA 2023; The application of
Appellant, Shicon J. Jordan, for extension of time to file Brief the
application is hereby granted. No further extensions will be granted absent
extenuating circumstances. Appellant�s Brief shall be filed on or before May
17, 2024.
Com. v. Ortiz; 2898 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 May 17, 2024.
Com. v. Needham; 3010 EDA 2023; The
application of Appellant, Andrew A. Needham, 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
May 27, 2024.
In The Interest Of: A.R., A Minor Appeal Of: D.R.M.,
Mother; 716 EDA 2024; Matters indicates that these appeals involve related
parties and issues. Accordingly, the appeals at Nos. 716 and 717 EDA 2024 are
hereby Consolidated.
Com. v. Reed; 1 EDA 2024; The
application of Appellant, Jalil Shakur Reed, 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
May 17, 2024.
Com. v. Reed; 12 EDA 2024; The
application of Appellant, Jalil Shakur Reed, 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
May 17, 2024.
Com. v. Morris; 1953 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 May 13, 2024.
Com. v. Gary; 1628 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 May 13, 2024.
Batterman v. Santo; 117 EDA 2024; Appellant having failed
to file a Brief, the appeal is Dismissed.
Com. v. McCready; 2688 EDA 2023; Appellant�s March 6,
2024 application to reinstate appeal is Granted. This Court�s February 20, 2024
dismissal order is Vacated, and the above-captioned
appeal is Reinstated.
Com. v. Person; 2541 EDA 2023; Appellant�s Application to
File Reduced Number of Brief Copies, Appellant shall be permitted to file one
(1) original and three (3) copies of the Appellant�s Brief. In addition,
Appellant shall serve one (1) copy of the Appellant�s Brief on the
Commonwealth. Appellant is excused from filing a Reproduced Record.
Com. v. Mason; 3120 EDA 2023; Appellant�s March 5, 2024
application to reinstate appeal is Granted. This Court�s February 23, 2024
dismissal Order is Vacated, and the above-captioned appeal is Reinstated. This Court�s Prothonotary is Directed
to accept the Pa.R.A.P. 3517 docketing statement, attached to Appellant�s
application as �Exhibit A,� and docket it as filed March 5, 2024.
Sunoco (R&M) LLC v. Pennsylvania National Mutual
Casualty Insurance Company; 1532 EDA 2023; Appellees� Application to Excuse
Attendance from Oral Argument Pursuant to 231 PA Code Rule 1012.1(d)(1), it is
hereby ORDERED that said Application is Granted. Flaster Greenberg PC, Terri L.
Ackerman, Esquire and Lee M. Epstein, Esquire, are excused from attending the
oral argument session for this matter scheduled for March 26, 2024.
Oluseun Wert o/b/o L.S.W. and L.O.W., Minor Children v.
Wert; 176 EDA 2024; The application of Appellant,
Oluseun Wert, for extension of time to file Brief the application is hereby
granted. Appellant�s Brief shall be filed on or before May 1, 2024.
Com. v. Keys; 2754 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 May 17, 2024.
Com. v. Richardson; 2864 EDA 2023; The
application of Appellant, Andrew Richardson, 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
May 24, 2024.
Batterman v. Santo; 116 Eastern District Appeal 2024;
Appellant having failed to file a Brief, the appeal is Dismissed.
In The Interest Of: A.R., A Minor Appeal Of: D.R.M.,
Mother; 716 EDA 2024; These appeals have been taken from the February 9, 2024
orders granting the Philadelphia Department of Human Services� (�DHS�) Motions
To Compel Appellant�s Cooperation directing that Appellant cooperate with the
DHS investigation, that DHS establish a date, time and location to interview
children, noting that children may be interviewed outside the home.
Com. v. Maggitti; 431 EDA 202; According to the trial
court docket, trial is scheduled for April 23, 2024, and no judgment of
sentence has been imposed. Furthermore, the notices of appeal at appeal dockets
431 EDA 2024, 432 EDA 2024, 433 EDA 2024, 458 EDA 2024, 459 EDA 2024, 460 EDA
2024, 461 EDA 2024, 491 EDA 2024, 492 EDA 2024, 676 EDA 2024, 677 EDA 2024, 678
EDA 2024, 679 EDA 2024, 680 EDA 2024, and 681 EDA 2024 appear to be taken from
purported orders which are not entered upon the appropriate docket of the trial
court.
Com. v. Green; 3121 EDA 2023; The
application of Appellant, Charles Dallas D Green, for extension of time to file
Brief the application is hereby granted. Appellant�s Brief shall be filed on or
before April 12, 2024.
Amres Corporation v. Ayzenberg; 2640 EDA 2023; The
application of Appellee, Amres Corporation and Stephen Mark Wilson, for
extension of time to file Brief the application is hereby granted. Appellee�s
Brief shall be filed on or before April 24, 2024.
Com. v. Blackston; 24 EDA 2023; The
application of Appellant, John Blackston, for extension of time to file Brief
the application is hereby granted. Appellant�s Brief shall be filed on or
before April 5, 2024.
Com. v. Endy; 909 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 28, 2024.
K.H. Investors, Inc., d/b/a Doggie Style Pets v. Spector
Gadon Rosen Vinci, P.C.,; 444 EDA 2024; the application of Appellant, Arielle
Roemer, Aaron Kaplowitz and Steven Roemer, for extension of time to file Brief
the application is hereby granted. Appellant�s Brief shall be filed on or
before May 2, 2024.
Morrissey v. St. Joseph�s Preparatory School, St.
Joseph�s Preparatory School Fund; 1909 EDA 2023; Petition to Extend Briefing
Schedule Deadline� docketed as an � Application for Extension Of Time to File
Reply Brief,� filed by Appellant Paul Morrissey, and Appellant noting that the
application is unopposed, the application is Granted In-Part. Appellant�s reply
brief shall be due on or before April 22, 2024.
Dan Lepore & Sons Company v. Liberty Mutual Fire
Insurance Company; 378 EDA 2024; The application of Appellant, Dan Lepore &
Sons Company, for extension of time to file Brief the application is hereby
granted. Appellant�s Brief shall be filed on or before May 17, 2024.
Com. v. Tran; 14 EDM 2024; Petitioner�s March 5, 2024
�Petition For Specialized Review Of Bail Order,� filed by Zak Taylor Goldstein,
Esq., the trial court is hereby directed to file a statement of reasons in
support of its order that denied bail pending appeal.
Wilmington Savings Fund Society FSB And
256 South Main Street, LP v. Joseph; 334 EDA 2024; Application to Withdraw
Appeal� filed by counsel for Appellant, the application is accepted as a
praecipe to discontinue under Pa.R.A.P. 1973 and the appeal is Discontinued.
McNeal v. M & J Auto Repair; 2507 EDA 2023; The
application of Appellee, Tyshira McNeal, for extension of time to file Brief
the application is hereby granted. Appellee�s Brief shall be filed on or before
March 21, 2024.
Com. v. Rorie; 351 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 April 26, 2024.
Com. v. Muir; 1389 EDA 2023; The
application of Appellant, Mr. Joel Glaston Muir, 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
May 17, 2024.
Com. v. Jordan; 381 EDA 2024; According to the trial
court docket, on October 3, 2023, the PCRA court dismissed Appellant�s prior
PCRA petition. On October 31, 2023, Appellant filed a notice of appeal from
that order, which is pending with this Court at 2852 EDA 2023. On November 27,
2023, Appellant filed a writ of habeas corpus. The writ was denied by order of
the PCRA court on November 30, 2023. On December 8, 2023, Appellant filed a
motion to stay which was transmitted to this Court as a notice of appeal from
the November 30, 2023 order.
Reitz v. Flower; 358 EDA 2024; This
appeal has been taken from the December 19, 2023 order finding Appellant in
contempt for failing to pay child support as ordered. Appellant has not been
granted IFP for the above-captioned appeal and on January 19, 2024 this Court
invoiced Appellant, but Appellant has failed to pay the fee as required.
Com. v. Jordan; 2852 EDA 2023; Appellant�s pro se
February 16, 2024 application for relief is Denied. Appellant shall be
permitted to raise the issues pertaining to the merits of the appeal in the
application in the Appellant�s brief which shall be due thirty (30) days from
the date that this Order is filed.
In The Interest Of: A.G., A Minor Appeal Of: J.G.,
Mother; 574 EDA 2024; These matters indicates that
these appeals involve related parties and issues. Accordingly, the appeals at
Nos. 574 EDA 2024, 575 EDA 2024, 576 EDA 2024, 577 EDA 2024, 578 EDA 2024, and
579 EDA 2024 are hereby Consolidated.
Sunoco (R&M), LLC v. Pennsylvania National Mutual
Casualty Insurance Company; 1403 EDA 2023; Appellants� Application to Excuse
Attendance from Oral Argument Pursuant to 231 PA Code Rule 1012.1(d)(1), it is
hereby Ordered that said Application is Granted. Flaster Greenberg PC, Terri L.
Ackerman, Esquire and Lee M. Epstein, Esquire, are excused from attending the
oral argument session for this matter scheduled for March 26, 2024.
Reitz v. Flower; 358 EDA 2024; This appeal appears to
have been taken from the December 19, 2023 order that found Appellant in
contempt for failing to pay child support, sentenced Appellant to six months of
probation, directed Appellant appear at a hearing scheduled on March 12, 2024
to review compliance with terms of probation, and remit $140 every week until
wage attachment is in effect and failure to remit payments as order will result
in the issuance of a bench warrant. Although the December 19th order finds
Appellant in contempt it does not appear that Appellant has been sanctioned.
Therefore, it does not appear that the December 19th order is appealable.
Sunoco (R&M), LLC v. Pennsylvania National Mutual
Casualty Insurance Company; 1404 EDA 2023; Appellants� Application to Excuse
Attendance from Oral Argument Pursuant to 231 PA Code Rule 1012.1(d)(1), it is
hereby ORDERED that said Application is Granted. Flaster Greenberg PC, Terri L.
Ackerman, Esquire and Lee M. Epstein, Esquire, are excused from attending the
oral argument session for this matter scheduled for March 26, 2024.
Reitz v. Flower; 3046 EDA 2023; This appeal has been
taken from the October 26, 2023 order that denied Appellant�s petition for in
forma pauperis (�IFP�) as to appeal of the August 18, 2023 order of contempt at
appeal 2291 EDA 2023. Appellant has not been granted IFP for the
above-captioned appeal therefore Appellant is required to pay for the pertinent
transcripts that he has ordered. Appellant is directed to pay Northampton
County Civil Division for the pertinent transcripts so that the fee is received
in the Northampton trial court no later than March 22. 2024 or the appeal will
be dismissed.
Com. v. DiMauro; 2856 EDA 2023; the application of
Appellant, Michael J. DiMauro, 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 May
24, 2024.
Watson v. Price; 34 EDA 2024; This
appeal has been taken from the November 17, 2023 Final Protection From Abuse
order. On January 19, 2024, a show cause was entered by this Court as to the
apparent untimeliness of the appeal. On January 29, 2024, Appellant filed a response, that in part assailed an apparent breakdown in the
trial court. Therefore, on February 2, 2024, this Court entered an order
directing the trial court to hold a hearing as to the issue. On March 8, 2024,
the trial court filed a response asserting that after holding a hearing on the
issue it determined that the �trial court finds that an administrative
breakdown in the Delaware County Office of Judicial Support prevented Appellant
from timely and correctly filing this appeal�.
Erin and Stephen Boyle v. Main Line Health, Inc.,; 2454
EDA 2023; The application of Appellant, Main Line Health, Inc., Main Line
Hospitals, Inc., Main Line Healthcare, et al, for extension of time to file
Brief the application is hereby granted. Appellant�s Brief shall be filed on or
before April 18, 2024.
Nicole Eva Gross v. Mintz; 238 EDA 2024; Appellant filed
this notice of appeal pro se from the December 4, 2023 order. It does not
appear that Appellant ordered the transcripts from the pertinent hearing as
required by Pa.R.A.P. 1911.
Phillips v. Temple University Hospital And Urology
Surgeons; 2353 EDA 2023; Upon consideration of the February 26, 2024
�Application for Relief in the Nature of Reopening of Appeal,� docketed as �Application
for Relief,� filed by pro se Appellant, and Appellee�s answer thereto, the
application Denied.
Connelly v. Connelly; 619 EDA 2024; Upon
review of the notice of appeal filed at the above-captioned docket, it appears
Appellant has not provided a proof of service of the notice of appeal pursuant
to Pa.R.A.P. 906(a). This Court�s Prothonotary has attempted to contact
Appellant on several occasions in an attempt to obtain the proof of service;
however, Appellant has not responded.
Darby v. 120 Northampton, LLC; 257 EDA 2024; Upon
consideration of the February 22, 2024 �Motion to Quash Appeal� (docketed as
�Application to Quash Appeal�) filed by Appellee 120 Northampton, LLC, and the
answer filed thereto, the application is Granted And The Appeal Is Quashed.
Gross v. Mintz; 366 EDA 2024; In
contravention of the Appellate Rules, Appellant filed this notice of appeal pro
se from a November 29, 2023 order. It does not appear that Appellant ordered
the transcripts from the pertinent hearing as required by Pa.R.A.P. 1911.
Com. v. Carey; 253 EDA 2023; 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 May 13, 2024.
Com. v. Patti; 3036 EDA 2023; Upon consideration of
Appellant�s November 29, 2023 �Petition For Specialized Review Of Bail Order,�
filed by Zak Taylor Goldstein, Esq., and the trial court �Opinion� stating the
reasons for denying bail pending appeal that was uploaded to this Court�s file
on March 5, 2024, the petition for specialized review is Denied. The
Prothonotary Of This Court Is Directed to provide the
Honorable Jennifer H. Sibum and the clerk of courts with copies of this Order.
BIF III Holtwood, LLC v. Sanford; 291 EDA 2024; This
Court has received a response to the February 20, 2024 Rule to Show Cause
Order. Accordingly, the Rule is Discharged and this
appeal shall proceed. This ruling, however, is not binding upon this Court as a
final determination as to the propriety of the appeal. The parties are advised
that the issue may be revisited by the panel assigned to decide the merits of
this appeal. The parties should be prepared to address, in their briefs or at
the time of oral argument, any concerns the panel may have regarding the issue.
In Re: Z.L. v. PA State Police; 2146 EDA 2023; upon
consideration of the application of Appellant, Z.M.L., for extension of time to
file Brief the application is hereby granted. Appellant�s Brief shall be filed
on or before March 18, 2024.
Jones v. Scott McFarland And
SMCO LLC; 40 EDA 2024; The briefing schedule is Suspended pending further Order
of this Court.
Baravordeh v. Chunhua CUI; 330 EDA 2024; This Court has
received a response to the February 20, 2024 Rule to Show Cause Order.
Accordingly, the Rule is Discharged and this appeal
shall proceed. This ruling, however, is not binding upon this Court as a final
determination as to the propriety of the appeal. The parties are advised that
the issue may be revisited by the panel assigned to decide the merits of this
appeal. The parties should be prepared to address, in their briefs or at the
time of oral argument, any concerns the panel may have regarding the issue.
Com. v. Doxy; 1626 EDA 2023; Appellant�s February 21,
2024 application for relief, in which he again requests reinstatement of his
appeal following the denial of his December 18, 2023 application to reinstate
appeal, is Denied.
Com. v. Abrams; 2389 EDA 2023; In light of this Court�s
February 29, 2024 Order granting Appellant an extension of time to file briefs,
and directing Appellant to file a brief on or before April 8, 2024, Appellant�s
March 1, 2024 application for an extension of time to file briefs is Denied As
Moot.
Com. v. Bell; 100 EDA 2024; upon consideration of the
application of Appellant, Kahalil J. Bell, for extension of time to file Brief
the application is hereby granted. Appellant�s Brief shall be filed on or
before May 2, 2024.
Com. v. Wolfe; 2317 EDA 2023; upon consideration of the
nunc pro tunc application of Appellant, 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 April 1, 2024.
Com. v. Griffin; 2827 EDA 2023; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief, the application is hereby Granted. No further extensions will be
granted. Appellee�s Brief shall be filed on or before April 8, 2024.
In The Interest Of: N.A., A Minor; 2693 EDA 2023; These appeals are taken from September 22, 2023 dependency
orders. Appellant is represented by court appointed counsel
Emily Beth Cherniak, Esquire. Attorney Cherniak has failed to file Appellant�s
brief on or before February 20, 2024 as required.
Com. v. Young; 2570 EDA 2023; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief, the application is hereby Granted. No further extensions will be
granted. Appellee�s Brief shall be filed on or before April 3, 2024.
Com. v. Ortiz; 2608 EDA 2023; As Appellant�s March 6,
2024 Brief and Reproduced Record were timely, the March 6, 2024 application for
extension of time to file briefs is Dismissed As Moot.
Com. v. Packer; 711 EDA 2023; Appellant�s application for
a second extension of time to file briefs is Granted. Appellant�s brief is due
by May 7, 2024. No further extensions will be granted.
Com. v. Brown-Rodriguez; 2796 EDA 2023; Counsel having
failed to file a Brief for Appellant, the appeal is Dismissed.
In The Interest Of: E.S., A Minor; 457 EDA 2024; This appeal has been taken from the January 10, 2024
dependency order (�January 10th Order). Correspondence has been received from
the Honorable Catena R. McCabe on February 21, 2024, asserting that the January
10th Order is not final or otherwise appealable and the January 10th Order, in
pertinent part, continues the status quo in Child�s dependency matter. On
February 21, 2024, this Court directed Counsel to respond as to this Court�s
jurisdiction over the January 10th Order that maintained the status quo. On
March 2, 2024, Counsel responded acknowledging the January 10th Order did not
modify the Child�s visitation and only reaffirmed the trial court�s prior
orders regarding visitation between Father and Child.
Mooney v. Henner; 531 EDA 2024; Upon consideration of the
notice of appeal and docketing statement filed by Appellant, Joshua A. Henner,
Appellant seeks to appeal the order entered July 28, 2023, denying Appellant�s
motion to stay proceedings. Generally, an order denying a motion to stay
proceedings is interlocutory and unappealable unless it satisfies the
collateral order doctrine. Absent satisfaction of all three prongs of the
collateral order test, this Court has no jurisdiction to consider an appeal of
an otherwise non-final order. Collateral orders must be interpreted narrowly in
order to �prevent undue corrosion of the final order rule.� Melvin v. Doe, 836
A.2d 42, 47 (Pa. 2003).
Com. v. McQueen; 283 EDA 2024; Upon consideration of the
March 6, 2024 �Commonwealth�s Application For Emergency Stay� and the
Appellee�s March 7, 2026 �Answer To Commonwealth�s Application For Emergency
Stay,� the application is DENIED without prejudice to the Commonwealth�s right
to apply to the PCRA court for the requested stay relief.
Com. v. Holley; 3130 EDA 2023; This 8th day of March,
2024, upon consideration of the application of Appellant, James Holley, 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 May 10, 2024.
Com. v. Felder; 2341 EDA 2023; Consideration of
Appellant�s December 7, 2023 response to the November 27, 2023 Order to show
cause, and in light of the fact that the appeals docketed at Superior Court
Docket Numbers 2341 EDA 2023, and 2342 EDA 2023, both appeal from the August
25, 2023 PCRA dismissal order, the above-captioned appeal at 2341 EDA 2023 is
hereby dismissed as duplicative of the appeal docketed at 2342 EDA 2023.
Appellant may raise all properly preserved issues in the appeal docketed at
2342 EDA 2023.
Com. v. Spitko; 737 EDA 2023; upon consideration of 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 April 22, 2024.
Com. v. Glover; 1044 EDA 2023; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief, the application is hereby Granted. No further extensions will be
granted. Appellee�s Brief shall be filed on or before March 18, 2024.
Com. v. Thompson; 2224 EDA 2023; Appellant�s March 3,
2024 application for a second extension of time to file briefs is Granted. Appellant�s brief is due by May 3, 2024. No further
extensions will be granted.
Tsarouhis v. Catrickes; 604 EDA 2024; Appellant has filed
this Notice of Appeal from a purported January 26, 2024 order entered in the
parties custody matter. A custody order on appeal is designated as Children�s
Fast Track appeals as defined by Pa.R.A.P. 102.
Com. v. Ackerman; 814 EDA 2023; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief, the application is hereby Granted. No further extensions will be
granted. Appellee�s Brief shall be filed on or before April 3, 2024.
Com. v. Johnson; 298 EDA 2023; Consideration of
Appellant�s pro se March 4, 2024 application for relief, in which Appellant
requests an additional forty-five days in which to respond to the petition to
withdraw as counsel and Anders brief filed by his counsel, Scott Jeffrey
Werner, Jr., Esquire, and the Commonwealth�s responsive brief thereto, it is
hereby ordered that the application is Granted. Appellant shall have forty-five
(45) days from the date of this order to file, either pro se or through
privately retained counsel, a response to Attorney Werner�s petition to
withdraw and Anders brief and to the Commonwealth�s brief and raise any points
he deems worthy of this Court�s attention. No further extensions shall be
permitted.
Coryell v. Morris; 1977 EDA 2021; Appellant and Appellees
are Directed to provide briefing on the following issue, as well as any other
properly preserved issue: whether this Court may review the denial of a
summary-judgment motion after the case has proceeded to trial and judgment has
been entered
Com. v. Tan; 1547 EDA 2023; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief the application is hereby granted. No further extensions shall be
granted absent extenuating circumstances. Appellee�s Brief shall be filed on or
before May 10, 2024.
Com. v. Lamotta; 2164 EDA 2023; Appellant�s application
for a second extension of time to file briefs is Granted. Appellant�s brief is
due by April 5, 2024. No further extensions will be granted.
Com. v. Christ; 3144 EDA 2023; This appeal has been taken
by Plaintiff�s counsel, Ronnie Creazzo, Esquire, from a November 8, 2023 order
that determined that in light of Counsel�s conduct in filing a frivolous motion
to strike in the trial court and Counsel�s �disrespectful and unprofessional�
response to the trial court judge during the hearing, Counsel Creazzo was
sanctioned $1,000 to be paid in thirty days to the above captioned Defendant.
Middleton v. Nupson; upon consideration of the
application of Appellee, Anna K. Nupson, for extension of time to file Brief
the application is hereby granted. Appellee�s Brief shall be filed on or before
May 13, 2024.
In the Interest of: D.S., a Minor Appeal of: D.S., Minor;
2032 EDA 2023; 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 May 10, 2024.
In Re: Paul Gold Appeal Of: Paul Gold; The Commonwealth�s
March 4, 2024 application for a second extension of time to file briefs, and
the March 4, 2024 answer in opposition filed by Appellant, Paul Gold, and in
light of the fact that the Commonwealth timely filed its brief on March 4,
2024, the application is hereby Dismissed as Moot.
M.G.v. A.E.V.-G.; 2629 EDA 2023; This
11th day of March, 2024, the within appeal is Dismissed for failure to file a
brief.
Beyer v. Greene; 2878 EDA 2023; The �Second Motion for
Extension of Time to File Appellants� Brief and Reproduced Record,� docketed as
�Application for Extension of Time to File Brief - Second Request,� filed by
Appellants, Jill Green and Frank Beyer, and noting no objection thereto, the
application is Granted.
In The Interest Of: N.B.C. A Minor; 3185 EDA 2023; This
appeal was filed pro se by Mother in contravention of the Appellate Rules since
Cureley Antell Cole, Esquire was appointed counsel for Mother in this matter.
Counsel Cole was entered on the Appellate docket and exited a docketing
statement to complete. wherein she asserts a breakdown
of attorney-client relations and personal matters, and requests to withdraw as
Mother�s counsel.
Com. v. Smith; 288 EDA 2024; The
application of Appellant, Walter Smith, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
April 19, 2024.
Com. v. Woodson; 295 EDA 2024; Appellant�s February 22,
2024 �Motion For Extension Of Time To File Statement Of Errors Complained Of On
Appeal Pursuant To 1925(b)(1) Of The Pennsylvania Rules
Of Appellate Procedure/� the Motion is Denied without prejudice to the
Appellant�s right to apply directly to the PCRA court for the requested relief.
Com. v. Mccullough; 2347 EDA 2023; Consideration of
Appellant�s February 15, 2024 �Motion To Withdraw As Counsel,� filed by Jerome
Michael Brown, Esquire, the motion is Granted.
Com. v. Bowers; 2722 EDA 2023; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief the application is hereby granted. No further extensions shall be
granted absent extenuating circumstances. Appellee�s Brief shall be filed on or
before May 14, 2024
Com. v. Jones; 2604 EDA 2023; Consideration of the
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief the application is hereby granted. No further extensions shall be
granted absent extenuating circumstances. Appellee�s Brief shall be filed on or
before May 10, 2024.
Com. v. Peters; 3169 EDA 2023; Consideration of Appellant�s
February 22, 2024 response to the February 14, 2024 Order to show cause, the
above-captioned appeal is hereby quashed as interlocutory.
Wert v. Wert; 175 EDA 2024; Appellant counsel�s �Motion
For Extension Of Time To File Plaintiff�s Brief�, filed March 11, 2024, is
hereby Granted, in part.
Com. v. Bruschi; 2297 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 April 24, 2024.
Com. v. Willie; 2911 EDA 2023; upon consideration of 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 May 13, 2024.
Com. v. Poole; 22 EDA 2024; Consideration of the
application of Appellant, Charles E. Poole, III, 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
June 14, 2024.
Keystone Consulting Engineers, Inc v. Pinkette-Rouse; 50
EDA 2024; Application Rule 123: Reconsideration of Quashing of Appeal,� docketed
as �Application for Reconsideration of Order,� filed by pro se Appellant, Lisa
Pinkette-Rouse, the application is Denied.
Feldman v. Hernandez; 569 EDA 2024; This Court received
correspondence from the Honorable Leanne Litwin requesting that this appeal be
dismissed in light of the fact that Appellant failed to properly file his
1925(b) Statement of errors complained of on appeal (1925(b) Statement�) no
later than March 19, 2024 with the trial court and with the trial court judge,
after being ordered to do so by the trial court on February 27, 2024.
In The Interest Of: A.T., A Minor Appeal Of: A.T., A
Minor; 68 EDA 2024; Petition for Leave to Discontinue Appeal, filed by counsel
for the Appellant, the application is accepted as a praecipe to discontinue
under Pa. R.A.P. 1973 and the appeal are hereby Discontinued.
Com. v. Palaio; 2458 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 May 8, 2024.
Com. v. Pedraza; 2195 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 absent extenuating circumstances. Appellee�s Brief shall be filed on or
before May 31, 2024.
Marina v. Lanciano; 185 EDA 2024; Appellant, Edward
Lanciano, defendant below, appeals from the non-jury verdict entered on
December 18, 2023. On January 5, 2024, Appellant filed a post-trial motion;
however, prior to disposition of the motion, Appellant filed a notice of appeal
of the non-jury verdict. Shortly thereafter, the trial court denied Appellant�s
post-trial motion as moot, asserting the trial court was without jurisdiction
to dispose of the motion given the pending appeal. In its Pa.R.A.P. 1925(a)
opinion, the trial court further explained that it denied Appellant�s
post-trial motion because the motion was untimely. A review of the trial court
docket also reveals that judgment has not been entered.
In The Interest Of: J.T., A Minor. Appeal Of: J.T., A
Minor; 69 EDA 2024; Petition for Leave to Discontinue Appeal, filed by counsel
for the Appellant, the application is accepted as a praecipe to discontinue
under Pa. R.A.P. 1973 and the appeal are hereby Discontinued.
In The Interest Of: A.R.A., A Minor Petition Of: A.R.A.,
A Minor; 15 EDM 2024; In accordance with this Court�s Order of March 18, 2024,
and in consideration of Petitioner�s response, the issue raised by this Court�s
Order will be referred to the panel assigned to decide the petition for
specialized review. The Commonwealth is Directed to
file a response to the petition for specialized review within ten (10) days of
the date that this Order is filed.
Rusden v. Rusden; 605 EDA 2024; This
appeal has been taken from the January 31, 2024 equitable distribution hearing.
Correspondence has been received from the Honorable Christopher Mallios noting
that on February 29, 2024 Appellant�s petition for reconsideration of the
January 31st equitable distribution order was timely and expressly granted and
therefor the appeal of the January 31, 2024 equitable distribution order does
not appear appealable and should be quashed.
Dantonio v. Dantonio; 650 EDA 2024; Appellant has failed
to file her completed docketing statement as required. However, review of
Appellant�s Notice of Appeal reveals that the above-captioned Notice of Appeal
is taken from the December 18, 2023 order entered in the parties� divorce
matter. Review of the filed certified record reveals that there is one order
dated December 18, 2023, and that order directs that Husband�s petition for
relief in divorce at sequence 187 be consolidated with sequences at 152, 162,
171 and 180 and all those petitions are to be addressed at the February 6, 2024
hearing.
Luo v. Delaware County Tax Claim Bureau; 369 EDA 2024;
Appeal and docketing statement filed by pro se Appellant, Gang Luo, Appellant
seeks to appeal from the order dated December 27, 2023 and entered on the
docket on January 12, 2024 denying Appellant�s petition to set aside tax sale.
The Commonwealth Court has exclusive jurisdiction of appeals from final orders
of the courts of common pleas regarding actions arising under any municipality
or application, interpretation, or enforcement of any statute regulating
affairs of a municipality.
Com. v. Smith; 3224 EDA 2023; The
application of Appellant, Jamil Smith, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
April 24, 2024.
In The Interest Of: A.R., A Minor Appeal Of: D.R.M.,
Mother; 716 EDA 2024; Appellant�s �Application for Emergency Relief�, filed
March 13, 2024, and the �Answer to Application to Stay�, filed on March 27,
2024, by the Philadelphia Department of Human Services, it is hereby Ordered.
Appellant�s �Application for Emergency Relief�, filed March 13, 2024,
requesting that this Court stay the February 9, 2024 orders pending appeal is
hereby Denied.
Santander Bank, N.A. v. Ansorge; 112 EDA 2024; The
application of Appellant, Lisa Christine Ansorge, for extension of time to file
Brief the application is hereby granted in part. No further extensions shall be
granted absent extenuating circumstances. Appellant�s Brief shall be filed on
or before June 10, 2024.
Com. v. Jones; 1882 EDA 2022; It Is Hereby Ordered. That
the application1 requesting reargument of the decision dated January 16, 2024,
is Denied.
Com. v. James; 2812 EDA 2023; 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 June 3, 2024.
Com. v. Bethea; 547 EDA 2023; It Is Hereby Ordered. That
the application filed February 5, 2024,1 requesting
reargument of the decision dated January 17, 2024, is Denied.
Com. v. Schmidt; 2607 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 June 10, 2024
Com. v. Mamuzich; 1966 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 June 14, 2024.
Simpson v. Simpson; 2641 EDA 2023; Appellant�s
�Application for Reconsideration of Order�, filed March 11, 2024, is hereby
Denied. Appellant�s �Application for Relief�, filed March 11, 2024, is hereby Denied.
Com. v. Cole; 157 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 May 1,2024.
In The Interest Of: A.R.A., A Minor Petition Of: A.R.A.,
A Minor; 16 EDM 2024; In accordance with this Court�s Order of March 18, 2024,
and in consideration of Petitioner�s response, the issue raised by this Court�s
Order will be referred to the panel assigned to decide the petition for
specialized review. In light of the fact that transcripts have been requested
as to the Petitioner�s March 12, 2024 �Emergency Petition For Specialized
Review Of Out-Of-Home Placement In Juvenile Delinquency Matter Pursuant To
PA.R.A.P., Rule 1612,� filed by Andrea Dawn Olsovsky, Esq., the juvenile court
is Directed to certify and transmit to the Prothonotary of this Court the requested
transcripts, including the disposition hearing notes of testimony, as well as
an opinion of the juvenile court stating the reasons for the out-of-home
placement or where in the record such reasons may be found, on or before April
5, 2024.
Colon v. Mothee; 167 EDA 2024; Appellant�s �Application
for Reconsideration of Order�, filed March 9, 2024, is hereby Denied. In light
of the fact that this Court has quashed the appeal, the Prothonotary of this
Court is no longer to accept any further filings in the above-captioned appeal.
Smith v. Rodriguez; 2127 EDA 2023; The application of
Appellee, Kelvin Rodriguez, and Kuehne and Nagel, Inc., for extension of time
to file Brief the application is hereby granted. Appellee�s Brief shall be
filed on or before May 22, 2024.
Com. v. Honesty; 411 EDA 2024; The
application of Appellant, Jamaal T. Honesty, for extension of time to file
Brief the application is hereby granted. Appellant�s Brief shall be filed on or
before May 1, 2024.
Com. v. Page; 849 EDA 2023; Page�s motion to amend nunc
pro tunc and for appointment of counsel is Denied.
In Re: Hess Kline, Deceased Appeal Of: Peter Judson; 637
EDA 2024; Appeal and docketing statement filed by Appellant, Peter Judson,
Appellant appeals from the December 6, 2023 order denying his petition for
citation to show cause why trustee should not file an accounting of their
management of the Hess Kline Testamentary Trust, why the distribution of
principal should not be undone, and why the trustee should be enjoined from
further expenditure of the principal in violation of the trust instrument.
Darby v. 120 Northampton, LLC; 257 EDA 2024; Application
for Reconsideration of Order,� filed by pro se Appellants, the application for
reconsideration is Denied.
Harigopal v. Alqasayar; 448 EDA 2024; The notice of
appeal and docketing statement filed by pro se Appellant, Reem Alqasayar,
Appellant purports to appeal from the January 25, 2024 order granting, by
agreement, the motion for emergency injunctive relief filed by Padmini
Harigopal, plaintiff below. Generally, a party who consents to a judgment or
order cannot appeal therefrom.
In Re: Estate Of F.K., An Alleged Incapacitated Person
Appeal Of: M.K.; 156 EDA 2024; Appellant�s notice of appeal and docketing
statement, the appeal at No. 156 EDA 2024 is hereby Dismissed as duplicative of
the appeal at 70 EDA 2024. All properly preserved issues sought to be raised at
No. 156 EDA 2024 may be raised in the appeal at No. 70 EDA 2024. This Order is
not a determination as to the propriety of the appeal.
Com. v. Linnik; 289 EDA 2024; This Court has received a
response to the March 12, 2024 Rule to Show Cause Order. Accordingly, the Rule
is DISCHARGED and this appeal shall proceed. This ruling, however, is not
binding upon this Court as a final determination as to the propriety of the
appeal. The parties are advised that the issue may be revisited by the panel
assigned to decide the merits of this appeal. The parties should be prepared to
address, in their briefs or at the time of oral argument, any concerns the
panel may have regarding the issue.
Darby v. Post Road Management, LLC; 236 EDA 2024;
Application for Reconsideration of Order,� filed by pro se Appellants, the
application for reconsideration is Denied.
Amres Corporation v. Ayzenberg; 44 EDA 2024; the notice
of appeal and docketing statement filed by Appellants Amres Corporation and
Stephen Mark Wilson, the appeal is taken from the December 7, 2023 Order
(�Order�) of the trial court requiring the parties to make payment of their
portions of the court-appointed expert�s fees. The Order is not a final
appealable order.
Mahil, LLC v. Adams; 840 EDA 2024; Upon consideration of
the March 25, 2024 �Emergency Stay Eviction,� docketed as �Application to
Stay,� filed by pro se Appellant, Shameek Adams, the Application is Denied.
In The Interest Of: T.B., A Minor Appeal Of: A.B.,
Mother; 835 EDA 2024; These appeals have been filed by Mother from the February
28, 2024 order on the Child�s dependency docket, that changed the permanency
goal from reunification to adoption, and the February 28, 2024 order on the
Child�s adoption docket, that terminated Mother�s parental rights (collectively
referred to as the �February 28th Orders�). On March 26, 2024, correspondence
was received from the Honorable Brian McLaughlin requesting that these appeals
be remanded to the trial court �for further action/decisions.�
Waites v. Evans; 25 EDM 2024; In light of the fact that
Appellant has not filed a Notice of Appeal from the March 27, 2024 order, this
Court is without jurisdiction to review the �Motion For Emergency Stay of the
March 27, 2024 order�, filed March 27, 2024.
Com. v. Martin; 208 EDA 2024; According to the trial
court dockets at CP-51-CR-1233811-1991, and CP-51-CR-0237431-1992, on December
11, 2023 an Order was entered dismissing the PCRA petition at both dockets.
In The Interest Of: T.B., A Minor Appeal Of: A.B.,
Mother; 835 EDA 2024; Review of these matters indicates that these appeals
involve related parties and issues. Accordingly, the appeals at Nos. 835 EDA
2024 and 836 EDA 2024 are hereby Consolidated.
In Re: Estate Of Jeffrey Feldman Appeal Of: Lisa Feldman;
465 EDA 2024; Upon consideration of the notice of appeal and docketing
statement filed by Appellant Lisa Feldman, the appeal is taken from the
December 18, 2023 Decree granting the petition of Appellee Cherish Cullers to
determine the disposition of Decedent�s remains and denying Appellant�s motion
to dismiss. After this appeal was taken, the orphans� court entered an order
pursuant to Pa.R.A.P. 1925(b), directing Appellant to file a concise statement
of the matters complained of on appeal within 21 days, or by February 20, 2024.
Review of the trial court docket reflects that Appellant did not file a concise
statement.
Com. v. White; 1883 EDA 2023; Appellant�s Motion for an
Extension of Time to File a Reply Brief, filed in the above-captioned matter,
it is hereby Ordered that said Motion is Granted. Appellant�s Reply Brief shall
be filed on or before April 8, 2024.
Com. v. Harrison; CP-51-CR-0003460-2018; Appeal and the
above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
In The Interest Of: R.H., A Minor Appeal Of: J.A.H.,
Father; 624 EDA 2024; Review of these matters indicates that these appeals
involve related parties and issues. Accordingly, the appeals at Nos. 624 EDA
2024 and 625 EDA 2024 are hereby Consolidated.
Com. v. Wang; 2993 EDA 2022; Appellant�s pro se March 25,
2024 �Motion: Request for Re-argument,� the motion is Dismissed as untimely
filed.
Com. v. Harrison; 763 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 761 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 760 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 762 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 764 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Smith; 901 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 May 28, 2024.
Com. v. Harrison; 751 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for collateral
relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 752 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 759 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 756 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Federal National Mortgage Association D/B/A Fannie Mae v.
Janczak; 364 EDA 2024; Appellant Christopher Janczak initiated bankruptcy
proceedings in the United States Bankruptcy Court for the Eastern District of
Pennsylvania at No. 24-10428-mdc, the above-captioned appeal is Stayed in
accordance with the automatic stay provision of the United States Bankruptcy
Code, 11 U.S.C. � 362. The parties shall be responsible for notifying this
Court that: (1) the stay pursuant to the Bankruptcy Code is no longer in effect
due to the issuance of an order by the Bankruptcy Court either lifting the
automatic stay or providing for severance of any of the parties, in which case
this Court will proceed with this appeal; or (2) the above-captioned appeal has
been rendered moot by conclusion of the bankruptcy proceedings.
Com. v. Harrison; 754 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 753 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 757 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 758 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 750 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Harrison; 765 EDA 2024; The notice of appeal and
the above-captioned eighteen trial court dockets, the instant timely appeal is
taken from the trial court�s order dismissing Appellant�s petition for
collateral relief at the eighteen above-captioned trial court docket numbers.
Com. v. Desimone; 129 EDA 2024; Application To Amend
Superior Court Docket To Reflect Defendant�s Appeal Is To Monroe County Lower
Court Docket No. 864 Criminal 2022,� filed by Thomas P. Sundmaker, Esquire, and
in light of the fact that Appellant timely filed the instant counseled notice
of appeal listing both trial court docket numbers in violation of Commonwealth v.
Walker 185 A.3d 969 (Pa. 2018) (holding that the filing of a single notice of
appeal from an order involving more than one docket will no longer be
tolerated; such practice violates Pa.R.A.P. 341 which requires the filing of
separate appeals from an order that resolves issues arising on more than one
docket; and the failure to file separate appeals generally requires the
appellate court to quash), the notice of appeal was forwarded to this Court and
docketed at Superior Court Appeal Docket Number 129 EDA 2024, and the
Pennsylvania Supreme Court�s decision in Commonwealth v. Young, 265 A.3d 462,
477 (Pa. 2021) (overruling he pronouncement in Walker that the failure to file
separate notices of appeal requires quashal and reasoning that �where a timely
appeal is erroneously filed at only one docket, [Pa.R.A.P.] 902 permits the
appellate court, in its discretion, to allow correction of the error, where
appropriate�), the following is hereby Ordered.
APPEALS FILED
JLM Properties LLC v. Moody; 606 EDA 2024; from order of
Delaware Cty; 230502000
Court of commons Please County of Bucks 7th Judicial
District. v. Elhallag; 607 EDA 2024; from order of Bucks Cty; A06-24-60110-A.
Spadea v. Spillane; 608 EDA 2024; from order of
Montgomery Cty; 2024-00733.
Spadea v. Spillane; 609 EDA 2024; from order of
Montgomery Cty; 2024-00733.
Stanz v. Dashuta; 610 EDA 2024; from order of Northampton
Cty; C0048PF-2024-137; S. Margie.
N.E.G. v. J.M.; 611 EDA 2024; from order of Montgomery
Cty; 2017-28078; J. Rizzo.
The Bank of New York Mellon v. Madison; 612 EDA 2024;
from order of Phila Cty; 04352; G. Rodriguez.
Smith v. Credit Acceptance, Et Al; 613 EDA 2024; from
order of Phila Cty; 230700735.
In Re: Estate of June Millan, Deceased; 614 EDA 2024;
from order of Montgomery Cty; 2019-X3260; M. Weisberg.
Cuffey v. Morton; 615 EDA 2024; from order of Montgomery
Cty; 2022-17947.
Com. v. Clark; 616 EDA 2024; from order of Delaware Cty;
CP-23-CR-111-2023.
Com. v. Vassenbueg; 617 EDA 2024; from order of
Montgomery Cty; 3449-2016.
Com. v. Fantauzzl; 618 EDA 2024; from order of
Northampton Cty; CP-48-CR-3898-2005; M. Deschler.
Connelly v. Connelly; 619 EDA 2024; from order of Phila
Cty; 2022-05726-TT.
Com. v. Jackson; 620 EDA 2024; from order of Chester Cty;
CR-513-17.
Com. v. Sartoris; 621 EDA 2024; from order of Phila Cty;
CP-45-CR-0000883-2020.
Baumert v. Baumert; 622 EDA 2024; from order of
Montgomery Cty; 2013-DR-02341.
In Re: M.L.R. Petition To
Terminate Parental Rights (Involuntary) of Father, M.V.D.; 623 EDA 2024; from
order of Montgomery Cty; 2022-A0133; D. Brewster.
In Re: RH; 624 EDA 2024; from order of Pike Cty;
CP-52-DP-20-2022; M. Moulton.
In Re: HH; 625 EDA 2024; from order of Pike Cty;
CP-52-DP-20-2022; M. Moulton.
In Re: HH; 626 EDA 2024; from order of Pike Cty;
CP-52-DP-22-2021; M. Moulton.
Estate of David W. Rinek, Deceased; 626 EDA 2024; from
order of Phila Cty; OC No. 606 DE of 2021; A. Young.
Estate of David W. Rinek, Deceased; 627 EDA 2024; from
order of Phila Cty; OC No. 606 DE of 2021; A. Young.
Flagship Credit Acceptance, LLC: v. East Coast Auto
Depot; 628 EDA 2024; from order of Phila Cty; 221100526; K. Bonner.
Xie v. All Unknown Occupants; 629 EDA 2024; from order of
Phila Cty; 2307029596; J. Smith.
Yaron v. Berger development, LP; 630 EDA 2024; from order
of Phila Cty; 07454.
Ciferni v. Walto; 631 EDA 2024; from order of Phila Cty;
0868.
Com. v. Cisne; 632 EDA 2024; from order of Phila Cty;
CP-51-CR-0006829-2008.
Palmer v. Palmer; 633 EDA 2024; from order of Montgomery
Cty; 2023-X3365; P. Bucco.
Com. v. Mitchell; 634 EDA 2024; from order of Phila Cty;
CP-51-CR-0208791-2000; A. Marucs.
In Re: Justino Petaccio, Appeal From
Register; 635 EDA 2024; from order of Phila Cty; 123 AP 2022; R. Giuliani.
Com. v. Williams; 636 EDA 2024; from order of Phila Cty;
CP-51-CR-0002852-2019; L. Kadish.
In Re: Hess Kline, Testamentary Trust; 637 EDA 2024; from
order of Montgomery Cty; 1988 X3737; A. Palmer.
Com. v. Hornton-Bey; 638 EDA 2024; from order of Chester
Cty; CP-15-CR-0002361-2021; B. McCarthy.
Com. v. Rosarto; 639 EDA 2024; from order of Monroe Cty;
3135-CR-2019.
Com. v. Luckey; 640 EDA 2024; from order of Phila Cty;
CP-51-CR-0001585-2023; L. Goode.
Com. v. Robinson; 641 EDA 2024; from order of Phila Cty;
CP-51-CR-0008127-2021; L. Goode.
Com. v. Killion; 642 EDA 2024; from order of Phila Cty;
CP-51-CR-0008787-2022; A. Marcus.
Paxton v. Com.; 643 EDA 2024; from order of Bucks Cty;
CP-09-CR-0000230-2012.
Com. v. Joyner; 644 EDA 2024; from order of Phila Cty;
CP-51-CR-0001958-2023; L. Goode.
Com. v. Williams; 645 EDA 2024; from order of Phila Cty;
CP-51-CR-0005876-2023; L. Goode.
Com. v. Farlow; 646 EDA 2024; from order of Phila Cty;
MC-51-CR-0004985-2023; L. Goode.
Com. v. Salcedo; 647 EDA 2024; from order of Phila Cty;
MC-51-CR-0003849-2023; L. Goode.
Ngo v. Le; 648 EDA 2024; from order of Montgomery Cty;
2023-19197.
Com. v. Johnson; 649 EDA 2024; from order of Phila Cty;
CP-51-CR-0001789-2022; K. Schwartz.
Dantonio v. Dantonio; 650 EDA 2024; from order of
Montgomery Cty; 2020-05421.
LP v. Stone; 651 EDA 2024; from order of Phila Cty;
23--01-27-5686.
In Re: Estate Of Eugenia M. Finnie, Deceased; 652 EDA
2024; from order of Montgomery Cty; 2015-X2023; L. Wilkinson.
In Re: Estate Of Eugenia M. Finnie, Deceased; 653 EDA
2024; from order of Montgomery Cty; 2016-X2027; L. Wilkinson.
Newlin v. Vita Healthcare Group; 654 EDA 2024; from order
of Delaware Cty; CV-2020-008216.
Flanagan v. White; 655 EDA 2024; from order of Delaware
Cty; 21-080914.
Flanagan v. White; 656 EDA 2024; from order of Delaware
Cty; 21-080914.
Com. v. Wallace; 657 EDA 2024; from order of Phila Cty;
CP-51-CR-0012597-2013; T. Mosser.
Flanagan v. White; 658 EDA 2024; from order of Delaware
Cty; 21-080914.
Graham-Nelson v. Nelson; 659 EDA 2024; from order of
Phila Cty; 2104V7173; A. Smith-Pearson.
Newlin v. Vita Healthcare Group; 660 EDA 2024; from order
of Delaware Cty; CV-2020-008216.
Lloyd v. Lloyd; 661 EDA 2024; from order of Delaware Cty;
CV-2022-004969.
Com. v. Layton; 662 EDA 2024; from order of Phila Cty;
CP-51-CR-7781-2022.
Com. v. Layton; 663 EDA 2024; from order of Phila Cty;
CP-51-CR-4426-2022.
Com. v. Brown; 664 EDA 2024; from order of Phila Cty;
CP-51-CR-0008300-2021; A. Turner.
Xie v. Unknown Occupants; 664 EDA 2024; from order of
Phila Cty; 2307029598; J. Smith.
In Re: K.D.S. Appeal of: G.S..
Father; 666 EDA 2024; from order of Phila Cty; CP-51-DP-0000565-2018; C.
Leotta.
In Re: K.D.S. Appeal of: G.S..
Father; 667 EDA 2024; from order of Phila Cty; CP-51-AP-0000209-2021; C.
Leotta.
Capital Commercial Real Estate Investment, Inc,. v. CJK Investments, LLC; 668 EDA
2024; from order of Delaware Cty; CV-2020-003423.
Burke v. Com.; 669 EDA 2024; from order of Phila Cty;
CP-18-CR-0002095-2019.
Com. v. Reich; 670 EDA 2024; from order of Chester Cty;
CP-51-CR-0003338-2021; A. Yatvin.
Com. v. Saciris; 670 EDA 2024; from order of Monroe Cty;
883 Criminal 2020.
Com. v. Lopez; 672 EDA 2024; from order of Phila Cty;
CP-51-CR-007941-2022; L. Narcisi.
Com. v. Lopez; 673 EDA 2024; from order of Phila Cty;
CP-51-CR-007944-2022; L. Narcisi.
Com. v. Lopez; 673 EDA 2024; from order of Phila Cty;
CP-51-CR-007944-2022; L. Narcisi.
Com. v. Butcher; 674 EDA 2024; from order of Montgomery
Cty; CP-46-CR-0005635-2011.
Com. v. Parker; 693 EDA 2024; from order of Phila Cty;
MC-51-CR-0008291-2023; L. Goode
Com. v. Woods; 701 EDA 2024; from order of Phila Cty;
CP-51-CR-00009374-2023; G. Server.
APPEALS DISCONTINUED
Building Bok, L.P., v. Soccer Center Philadelphia, LLC;
2307 EDA 2023; from order of Phila Cty.
Com. v. McCaulley; 1317 EDA 2023; from order of
Montgomery Cty.
Com. v. Fegely; 707 EDA 2024; from order of Northampton Cty.