Superior Court
OPINIONS FILED & JUDGMENT ORDERS
PER CURIAM
April 05, 2024
Com. v. Rannels; 1230 EDA 2022; Affirmed.
Com. v. Armstead; 1269 EDA 2022; Affirmed.
Com. v. Blackston; 1367 EDA 2022; Affirmed.
Robinson v. Hutchinson; 831 MDA 2023; Affirmed.
Pieniazek v. Pieniazek; 838 MDA 2023; Affirmed.
Com. v. Branthafer; 1745 MDA 2023; Affirmed.
Com. v. Ellis; 343 WDA 2023; Affirmed; Associated: 344
WDA 2023.
Adoption of: J.A.R., Appeal of: R.R.K.; 526 WDA 2023;
Affirmed - Application to Withdraw as Counsel Granted.
In Re: L.A.S., Appeal of: C.L.; 726 WDA 2023; Affirmed.
In Re: L.A.S., Appeal of: T.S.; 727 WDA 2023; Affirmed.
Adoption of: M.M.A., Appeal of: C.M.A.; 1120 WDA 2023;
Affirmed.
April 04, 2024
Com. v. Copeland; 1544 EDA 2023; Affirmed Application to
Withdraw as Counsel Granted.
In the Int. of: C.C., Appeal of: J.C.; 2998 EDA 2023;
Appeal Dismissed; Comments: Decree Affirmed at 2999 EDA 2023.; Associated: 2999
EDA 2023 Affirmed; Comments: Appeal Dismissed as Moot at 2998 EDA 2023.
In the Int. of: 1.B., Appeal of: M.B.; 3039 EDA 2023;
Affirmed; Associated: 3040 EDA 2023.
Shook v. Lehigh Valley Restaurant Group; 1861 EDA 2023;
Reversed/Remanded; Comments: Jurisdiction Relinquished.
April 03, 2024
Com. v. Davis; 646 EDA 2023; Affirmed.
Com. v. Kane; 1186 EDA 2023; Affirmed.
In the Int. of: T.Z.W.T., Appeal of: C.F. 1210 EDA 2023;
1210 EDA 2023; Affirmed; Associated: 1212 EDA 2023; 1211 EDA 2023.
Com. v. Florio; 1281 EDA 2023; Affirmed.
In the Int. of: T.Z.W.T., Appeal of: T.Z.W.T.; 1284 EDA
2023; Affirmed; Associated: 1286 EDA 2023; 1285 EDA 2023.
Feingold v. Nationwide Mutual Ins. Co.; 1433 EDA 2023;
Affirmed.
In Re: Est. of F.G., Appeal of: Est. of F.G.; 1647 EDA
2023; Affirmed.
April 02, 2024
Com. v. McKant; 3087 EDA 2022; Affirmed.
Miles v. Miles; 373 EDA 2023; Quashed.
Com. v. Ganges; 1312 EDA 2023; Affirmed.
April 01, 2024
Com. v. Gines; 1603 EDA 2023; Affirmed.
Com. v. Witherspoon; 3031 EDA 2022; Affirmed -
Application to Withdraw as Counsel Granted; Associated: 3032 EDA 2022.
Com. v. Sanchez-Rodriguez; 26 EDA 2023; Affirmed.
Smedley v. Smedley; 312 EDA 2023; Affirmed.
Smedley v. Smedley; 328 EDA 2023; Affirmed.
Com. v. Sanders; 904 EDA 2023; Affirmed.
Com. v. Campbell; 360 EDA 2023; Affirmed.
Com. v. Caulk; 609 EDA 2023; Affirmed.
Com. v. Gardner; 932 EDA 2023; Affirmed.
Luo v. Preston; 1273 EDA 2023; Affirmed; Associated: 1275
EDA 2023; 1276 EDA 2023.
Com. v. White; 1382904 EDA 2023; Affirmed.
In Re: A.W.H., Appeal of: E.H.; 2011 EDA 2023; Affirmed.
Com. v. Cooper; 2084 EDA 2023; Affirmed.
In the Int. of: F.I.L.A.T., Appeal of: W.T.; 2930 EDA
2023; Appeal from goal change order dismissed as moot.; Associated: 2961 EDA
2023.; Comments: Appeal from goal change order dismissed as moot.
1700 Market St. v. Common Grounds 1700 Market St; 1314
EDA 2023; Affirmed.
March 28, 2024
Com. v. Jones; 1519 EDA 2022; Affirmed; Comments:
Jurisdiction Relinquished.
Com. v. Morales-Justiniano,; 2519 EDA 2023; Affirmed;
Comments: Jurisdiction Relinquished; Associated: 2520 EDA 2022; Comments:
Jurisdiction Relinquished.
Com. v. Morales-Justiniano,; 2525 EDA 2023; Affirmed;
Comments: Jurisdiction Relinquished.
Verizon PA v. Concrete Cutting Systems, Inc.; 3148 EDA
2023; Affirmed; Comments: Jurisdiction Relinquished.
Com. v. Watkins-Lauber; 143904 EDA 2023; Affirmed.
In the Int. of: T.T.M.-C., Appeal of: C.M.; 1213 EDA
2023; Affirmed; Associated: 1216 EDA 2023; 1215 EDA 2023; 1214 EDA 2023.
In Re: J.M.M., Appeal of: C.L.B.; 2116 EDA 2023;
Affirmed.
Schwartz v. Kelly Services; 755 EDA 2023;
Affirmed/Reversed/Remanded; Comments: Jurisdiction Relinquished.
March 27, 2024
Com. v. Jones; 1442 EDA 2022; Affirmed.
Com. v. Barnes; 686 EDA 2023; Affirmed.
Com. v. Wells; 1174 EDA 2023; Quashed.
Com. v. Pit; 466 EDA 2023; Affirmed.
Com. v. Diaz; 1919 EDA 2023; Affirmed; Associated: 1921
EDA 2022.
Com. v. Lawrence; 2486 EDA 2023; Affirmed; Comments:
Jurisdiction Relinquished.
March 26, 2024
Com. v. Lewis; 1792 EDA 2021; Affirmed.
Com. v. Sanders; 904 EDA 2023; Reversed/Remanded;
Comments: Jurisdiction relinquished.
Com. v. Dougan; 2025 EDA 2021; Affirmed; Comments:
Jurisdiction relinquished.
Stevenson v. The Joseph Ventresca Group; 2547 EDA 2023;
Vacated/Remanded; Comments: Jurisdiction relinquished.
Com. v. Mincey; 2843 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Com. v. Tran; 3001 EDA 2022; Affirmed.
Com. v. Tran; 3168 EDA 2022; Affirmed.
Com. v. Wilson; 160 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Com. v. Rogers; 518 EDA 2023; Affirmed; Comments:.
Jurisdiction relinquished.
Com. v. Scott; 602 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Com. v. Canty; 702 EDA 2023; Affirmed.
Com. v. Mahoney; 847 EDA 2023; Affirmed.
Com. v. Giwerowski; 904 EDA 2023; Affirmed.
Com. v. Petroziello; 995 EDA 2023; Affirmed/Vacated;
Comments: Jurisdiction relinquished.
Consolidated Eagle v. BL GP, LLC; 1002 EDA 2023;
Affirmed; Associated: 1122 EDA 2023.
Com. v. Allam; 1112 EDA 2023; Quashed.
Com. v. McFadden; 1309 EDA 2023; Affirmed.
Com. v. Baker; 1496 EDA 2023; Remanded; Comments:
Jurisdiction relinquished.
Com. v. Easley; 1887 EDA 2023; Affirmed.
Com. v. Alonzo; 1908 EDA 2023; Affirmed; Comments: Application
for Relief denied.
March 25, 2024
Com. v. Jeffries; 1616 EDA 2023; Vacated/Remanded;
Comments: Judgment of Sentence Vacated. Case Remanded for further proceedings.
Jurisdiction is relinquishe; Associated: 1618 EDA 2022; Comments: Judgment of
Sentence Vacated. Case Remanded for further proceedings. Jurisdiction is
relinquishe.
Com. v. Exume; 2477 EDA 2022; Affirmed.
In Re: The Est. of C.L.S., Appeal of: J.S.; 3171 EDA
2022; Affirmed.
Com. v. Johnson; 88 EDA 2023; Affirmed; Associated: 89
EDA 2023; 90 EDA 2023; 91 EDA 2023.
Com. v. Maldonado; 405 EDA 2023; Affirmed.
In Re: Tisdale, D., Appeal of: Tisdale, D.; 446 EDA 2023;
Affirmed; Comments: Panel Jurisdiction Retained.
Wayne County Children & Youth v. Glushko; 491 EDA
2023; Affirmed.
Pencoyd Iron Works v. Jones; 616 EDA 2023;
Reversed/Remanded; Comments: Orders Reversed. Case Remanded. Jurisdiction
Relinquished.
Kovalev v. Abode; 693 EDA 2023; Quashed; Comments:
Jurisdiction Relinquished.
Trust of John S. Middleton, Appeal of: Riley, P.; 1843
EDA 2022; Vacated/Remanded; Comments: Order Vacated. Case Remanded for
proceedings consistent with this memorandum. Jurisdiction Relinquished.
In Re: Trust of J.S.M., Appeal of: J.S.M.; 2006 EDA 2022;
Quashed.
Com. v. McIntyre; 354 EDA 2023; Affirmed.
Richmond Waterfront Ind. Park v. Phila. Belt Line; 1172
EDA 2023; Affirmed.
March 27, 2024
Com. v. Robinson; 3207 EDA 2022; Affirmed.
Mack v. Avertest, LLC; 372 EDA 2023; Affirmed.
Com. v. Holmes; 497 EDA 2023; Jurisdiction Retained;
Comments: Here, counsel provides no explanation, merely noting he �believes�
the claims are meritless and �there is nothing to substantiate� the claims. See
Anders Brief, at 6. Counsel has not detailed the nature and extend of his
review of the case or �explain[ed] why and how [the issues Holmes] wants to
have reviewed [] lack merit[.]� Commonwealth v. Walters, 135 A.3d 589, 591 (Pa.
Super. 2016) (citation omitted). This falls short of what is required by PCRA
counsel. After careful consideration, we decline to overlook counsel�s omission
in light of established case law on the proper collateral withdrawal procedure
and the precept the PCRA counsel seeking to withdraw �must review the case
zealously.� Id. (citation omitted). See also Commonwealth v. Karanicolas, 836
A.2d 940, 945-47 (Pa. Super. 2003); Commonwealth v. Glover, 738 A.2d 460,
464-65 (Pa. Super. 1999). We, therefore, direct counsel to file a no-merit
letter, within twenty (20) days, in compliance with the substantive
requirements of Turner/Finley. The Commonwealth�s responsive brief is due
within fourteen (14) days of the filing of counsel�s Turner/Finley no-merit
letter. Par jurisdiction retained.
Vaughan v. Williams;. 725 EDA 2023; Affirmed.
Com. v. Sanders; 904 EDA 2023; Affirmed.
Huang v. Yohannon; 903 EDA 2023; Affirmed.
Com. v. Singh; 1498 EDA 2023; Affirmed.
OPINIONS FILED
PER CURIAM
April 4, 2024
PANELLA, P.J.E.
Com. v. Baker, Appellant; No. 261 MDA 2023; Appeal from
the Judgment of Sentence Entered January 17, 2023 In the Court of Common Pleas
of Centre County Criminal Division at No(s): CP-14-CR-0000400-2021; Judgments
of sentence affirmed.
April 1, 2024
STABILE, J.
1700 Market Street Associates v. Common Grounds 1700
Market Street, LLC; No. 1314 EDA 2023; Appeal from the Order Entered April 20,
2023 In the Court of Common Pleas of Philadelphia County Civil Division at No:
02451 May Term 2022; Order affirmed.
ORDERS & DECREES
PER CURIAM
Com. v. Harrison; 749 EDA 2024; 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. Molina; 2978 EDA 2023; Appellant�s February 27,
2022, Application To Withdraw As Appellant Counsel,� filed by Louis Theodore
Savino, Jr., Esquire, and in light of Christa S. Dunleavy, Esquire, entering
her appearance on March 11, 2024, the following is Ordered. The Prothonotary of
this Court is directed to remove Attorney Savino from the appeal docket.
Com. v. Harrison; 749 EDA 2024; 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. Neisser; 2890 EDA 2023; Appellant�s February 28,
2023 �Petition for Not Extending Tim To File Appellee�s Brief,� the application
is Dismissed as Moot, in light of the this Court�s Order of February 20, 2024.
Com. v. Wright-Benton; 119 EDA 2024; The existing
briefing schedule is hereby Vacated pending further Order of this Court.
Com. v. Cavalcante; 2531 EDA 2023; The application of
Appellant, Danelo Souza Cavalcante, 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
7, 2024.
Logan v. Thompson; 2078 EDA 2022; The application of
Appellee, Kimberly L. Thompson, for extension of time to file Brief the
application is hereby granted. Appellee�s Brief shall be filed on or before May
15, 2024. Amended Notice of Appeal� from the trial court, the Prothonotary of
this Court is Directed to docket the amended notice of appeal for trial court
docket number CP-51-CR-0002049-2011 as an amended notice of appeal at the
instant Superior Court Appeal Docket Number 2762 EDA 2023.
Com. v. Lewis; 2762 EDA 2023; According to the trial
court dockets at CP-51-CR-0002049-2011, and CP-51-CR-0005295-2011, on September
28, 2023, an order was entered dismissing the PCRA petition at both dockets.
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
was 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. Review of the trial court docket reveals another order that was
entered pursuant to Pa.R.C.P. 236 on December 18, 2023.
Com. v. Lewis; 2763 EDA 2023; In light of the fact that
on March 21, 2024, the above-captioned appeal was dismissed for failure to file
a brief, this Court�s March 21, 2024 Order is Vacated, and the above-captioned
appeal is Reinstated.
Com. v. Wimberly; 2553 EDA 2023; According to the trial
court docket, on September 9, 2020, a criminal information was filed charging
Appellant with robbery, conspiracy to commit robbery, theft by unlawful taking,
receiving stolen property, terroristic threats, recklessly endangering another
person, persons not to possess firearms, carrying a firearm without a license,
simple assault, flight to avoid apprehension, and possession of a controlled
substance.
Yaron v. Berger Development, LP; 630 EDA 2024; Appellant,
Michael Yaron, individually and derivatively on behalf of Berger Development,
LP, plaintiff below, appeals from the February 14, 2024 order that denied
Appellant�s post-trial motion to remove the nonsuit entered on December 6,
2023. In his docketing statement, Appellant contends that the order is a final,
appealable order.
Com. v. Tholley; 2010 EDA 2023; This Court�s Order of
November 14, 2023, and the notices of appeal filed on January 22, 2024, at
appeal dockets 382-388 EDA 2024, which still contained seven trial court docket
numbers in violation of Commonwealth v. C.M.K., 932 A.2d 111 (Pa. Super. 2007)
(quashing an appeal after finding that a single notice of appeal filed by
codefendants in a criminal case was a legal nullity); (�Where, however, one or
more orders resolves issues arising on more than one docket or relating to more
than one judgment, separate notices of appeal must be filed.�), the following
is hereby Ordered.
Com. v. Tholley; 384 EDA 2024; This Court�s November 14,
2023 Order and the notice of appeal filed at the instant appeal docket, the
above-captioned appeal is hereby dismissed as duplicative of the appeal
docketed at 2010 EDA 2023. Appeal dismissed.
Com. v. Tholley; 386 EDA 2024; This Court�s November 14,
2023 Order and the notice of appeal filed at the instant appeal docket, the
above-captioned appeal is hereby dismissed as duplicative of the appeal docketed
at 2010 EDA 2023. Appeal dismissed.
Harris v. J. Steven Blake, D.O.; 777 EDA 2024; Appellant,
Mark Frog Harris, plaintiff below, appealed from the October 15, 2023 order
that announced the non-jury verdict in favor of Appellees, J. Steven Blake, D.O.
and Blake Gastroenterology, LLC, defendants below, and purported to
simultaneously enter judgment prior to the expiration of the ten-day period for
filing post-trial motions. Pa.R.Civ.P. 227.1(c)(2) (stating post-trial motions
must be filed within ten days of decision in non-jury trial).
Com. v. Davis; 2711 EDA 2023; The application of
Appellant, Darnell Davis, 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 3, 2024.
Com. v. Tholley; 387 EDA 2024; This Court�s November 14,
2023 Order and the notice of appeal filed at the instant appeal docket, the
above-captioned appeal is hereby dismissed as duplicative of the appeal
docketed at 2010 EDA 2023. Appeal dismissed.
Com. v. Tholley; 385 EDA 2024; This Court�s November 14,
2023 Order and the notice of appeal filed at the instant appeal docket, the
above-captioned appeal is hereby dismissed as duplicative of the appeal
docketed at 2010 EDA 2023. Appeal dismissed.
Com. v. Tholley; 382 EDA 2024; This Court�s November 14,
2023 Order and the notice of appeal filed at the instant appeal docket, the
above-captioned appeal is hereby dismissed as duplicative of the appeal docketed
at 2010 EDA 2023. Appeal dismissed.
Harris v. J. Steven Blake, D.O.; 776 EDA 2024; Appellant,
Mark Frog Harris, plaintiff below, appealed from the October 15, 2023 order
that announced the non-jury verdict in favor of Appellees, J. Steven Blake,
D.O. and Blake Gastroenterology, LLC, defendants below, and purported to
simultaneously enter judgment prior to the expiration of the ten-day period for
filing post-trial motions. Pa.R.Civ.P. 227.1(c)(2) (stating post-trial motions
must be filed within ten days of decision in non-jury trial).
Com. v. Tholley; 388 EDA 2024; This Court�s November 14,
2023 Order and the notice of appeal filed at the instant appeal docket, the
above-captioned appeal is hereby dismissed as duplicative of the appeal
docketed at 2010 EDA 2023. Appeal dismissed.
Roberts v. Komeau; 722 EDA 2024; This appeal is taken
from the February 8, 2024 order that denied without prejudice Mother�s motion
to dismiss the custody petition filed December 28, 2023, referred Mother�s
motion to the Honorable Tiffany Palmer, and directed that Mother�s motion be
heard in conjunction with Maternal Aunt�s motion to intervene already scheduled
for a hearing on July 9, 2024. The February 8th order also directed that the
temporary order of December 28, 2023, remains in effect and that the scheduled
July 9th hearing stands.
Com. v. Tholley; 388 EDA 2024; This Court�s November 14,
2023 Order and the notice of appeal filed at the instant appeal docket, the
above-captioned appeal is hereby dismissed as duplicative of the appeal
docketed at 2010 EDA 2023. Appeal dismissed.
In Re: Estate of Eugenia M. Finnie, Deceased Appeal of:
Denise M. Finnie; 653 EDA 2024; The application of Appellant, Denise M. Finnie,
for extension of time to file Brief the application is hereby granted.
Appellant�s Brief shall be filed on or before May 23, 2024.
Flanagan v. White; 656 EDA 2024; This appeal has been
taken from the January 22, 2024 order that determined that Defendant�s Subpoena
and Motion For Leave of Court For Issuances of Subpoena of non-party witness
filed 12/11/2023 was withdrawn on record by Defendant. The January 22nd order
was entered in the Protection From Abuse matter. The January 22nd order does
not appear final or otherwise appealable. Generally, only final orders are
appealable.
Com. v. Morel; 1641 EDA 2023; The Commonwealth�s
application to submit this case on briefs is Granted. The prothonotary is
directed to mark this case as submitted on briefs. Appellee�s application to
continue oral argument and reinstate briefing schedule is Denied in part and
Granted in part. Appellee�s application to continue oral argument is Denied.
Appellee�s application to reinstate briefing schedule is Granted.
In Re: Estate of Eugenia M. Finnie, Deceased Appeal of:
Denise M. Finnie; 652 EDA 2024; The application of Appellant, Denise M. Finnie,
for extension of time to file Brief the application is hereby granted.
Appellant�s Brief shall be filed on or before May 23, 2024.
Com. v. Anderson; 1952 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.
Waymart Wind Farm, LLC v. Mihaly; 143 EDM 2020;
Petitioners� Tenth Status Report and Petition for Continuation of Stay, the
Petition for Continuation of Stay (docketed as �Response to Order�) is Granted
to the extent that this Court�s consideration of the petition for permission to
appeal is hereby Stayed for a period of ninety (90) days from the date of this
Order. The parties shall apprise this Court�s Prothonotary, in writing and
prior to the expiration of the ninety-day stay period, as to whether settlement
has been consummated, and if no settlement is consummated prior to the
expiration of the stay period, the parties shall provide an explanation as to
why it was not.
Com. v. Hughes; 2544 EDA 2023; The application of Appellant,
Donald Hughes, 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.
Eclipse Liquidity, Inc. v. Geden Holdings, Ltd.; 587 EDA
2024; Appellant, Reuben Balzan, court-appointed liquidator for Geden Holdings,
Ltd., one of the defendants below, appeals from the January 24, 2024 order that
granted summary judgment in favor of Appellant as well as the other defendants
below and dismissed the action against them for lack of subject matter
jurisdiction. Accordingly, Appellant is Directed to show cause, in a response
filed of record in this Court with a copy to opposing counsel, as to why the
appeal should not be quashed. The response shall be filed within fourteen (14)
days of the date of this Order. Failure to comply with this Order may result in
quashal of the appeal without further notice.
Com. v. Santiago; 2314 EDA 2023; In accordance with this
Court�s Order of February 15, 2024, and in consideration of Appellant�s
response, the issue raised by this Court�s Order will be referred to the panel
assigned to decide the merits of this appeal and the issue will be considered
by that panel.
Bixby Bridge Fund I, LLC v. 523 North Broad Owner, L.P.,;
474 EDA 2024; This Court has received a response to the March 4, 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 The Interest Of: A.S., A Minor Appeal Of: A.S.; 198
EDA 2024; The notice of appeal, the Prothonotary of this Court is Directed to
Seal the certified record.
Com. v. Martin; 207 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.
Appellant timely filed the instant pro se 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.
Com. v. Williams; 321 EDA 2024; The application of
Appellant, Michael Williams, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellant�s Brief shall be filed on or before May
24, 2024.
Com. v. Dolshun; 1832 EDA 2023; Appellant�s Emergency
Motion for Continuance, filed March 25, 2024, said Motion is hereby Granted.
This case shall be listed before the next available argument panel in the
Eastern District.
Eclipse Liquidity, Inc. v. Karahmehmet-Williams; 590 EDA
2024; Appellant, Reuben Balzan, court-appointed liquidator for Geden Holdings,
Ltd., one of the defendants below, appeals from the January 24, 2024 order
that, among other things, dismissed with prejudice Count III of the complaint
and dismissed without prejudice all other claims asserted against Appellant and
the other defendants below. In his docketing statement, Appellant contends that
the order is a final, appealable order pursuant to Pa.R.A.P. 341. Accordingly,
Appellant is Directed to show cause, in a response filed of record in this
Court with a copy to opposing counsel, as to why the appeal should not be
quashed. The response shall be filed within fourteen (14) days of the date of
this Order. Failure to comply with this Order may result in quashal of the
appeal without further notice.
In The Interest Of: H.B., Jr., A Minor Appeal Of: B.B.,
Mother; 790 EDA 2024; These matters indicates that these appeals involve
related parties and issues. Accordingly, the appeals at Nos. 790 EDA 2024 and
791 EDA 2024 are hereby Consolidated.
Vincent Capcino Transmissions v. Wohl; 2338 EDA 2023; The
application of Appellee, Allan Wohl and Luke Wohl, for extension of time to
file Brief the application is hereby granted. Appellee�s Brief shall be filed
on or before April 10, 2024.
Com. v. Porka; 1668 EDA 2023; The application of
Appellant, Johnson N. Porka, 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
31, 2024.
Com. v. Milazzo; 118 EDA 2024; The counseled notice of
appeal which states the appeal is from �the order entered in this matter on
August 4, 2023,� and in light of the fact that there is no court docket entry
for an order entered on August 4, 2023, Appellant is Directed to show cause, in
a response filed of record in this Court, within ten (10) days of the date that
this Order is filed, why this appeal should not be quashed as having been taken
from a purported order which is not entered upon the appropriate docket of the
lower court.
Levitsky v. 1400 Nursery Street Owner LLC; 728 EDA 2024;
Appellant, Janet Levitsky, plaintiff below, appeals from the January 30, 2024
order that granted summary judgment in favor of Appellee, Jaindl Land Company
(�Jaindl�), a defendant below, and dismissed with prejudice all claims against
Jaindl. In her docketing statement, Appellant states that the parties
stipulated to the dismissal of various defendants, leaving Jaindl and the Doe
defendants as the only remaining defendants when Jaindl filed its motion for
summary judgment. Appellant contends that the order is a final, appealable
order pursuant to Pa.R.A.P. 341.
Com. v. Jackson; 2545 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 3,
2024.
Eclipse Liquidity, Inc. v. Karahmehmet-Williams; 589 EDA
2024; Appellant, Eclipse Liquidity, Inc., plaintiff below, appeals from the
January 24, 2024 order that, among other things, dismissed with prejudice Count
III of the complaint and dismissed without prejudice all other claims asserted
against Appellees, defendants below. In its docketing statement, Appellant
contends that the order is a final, appealable order pursuant to Pa.R.A.P. 341.
An appeal properly lies only from a final order unless otherwise permitted by
rule or statute.
Melendez, D. v. Mo, Gyi; 481 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 4, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Zayas; 21 EDA 2024; The application of Appellant,
Jose Zayas, 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 April 26, 2024.
Com. v. Torres; 3172 EDA 2023; Appellant�s March 19, 2024
application for reconsideration of this Court�s dismissal Order is Granted.
This Court�s March 18, 2024 dismissal Order is Vacated, and the above-captioned
appeal is Reinstated.
Com. v. Pagan; 2205 EDA 2023; The application of
Appellant, Jose Pagan, 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.
In The Interest Of: K.R.I., A Minor Appeal Of: K.P.,
Mother; 155 EDA 2024; Application to Quash,� filed March 13, 2024, and
Appointed Counsel�s �Application for Relief,� filed March 20, 2024, it is
hereby Ordered. The Department of Human Services� �Application to Quash,� filed
March 13, 2024, is Denied.
Com. v. McLaurin; 58 EDA 2024; The application of
Appellant, Commonwealth of Pennsylvania, for extension of time to file Brief
the application is hereby granted. No further extensions shall be granted
absent extenuating circumstances. Appellant�s Brief shall be filed on or before
May 24, 2024.
Com. v. Smith; 288 EDA 2024; Appellant�s pro se February
29, 2024 �Application To File Fewer Copies Of Brief,� Appellant shall be
permitted to file one (1) original unbound Appellant�s brief, and three (3)
bound copies thereof. Appellant shall serve the Commonwealth with one (1) copy
of the Appellant�s brief.
Com. v. Martin; 208 EDA 2024; Appellant�s pro se February
8, 2024 �Application To File fewer Copies Of Brief And Reproduced Record,�
Appellant�s request to file three (3) copies of the Appellant�s brief and one
(1) copy of the reproduced record is Granted.
Com. v. Jabbar; 421 EDA 2024; The application of
Appellant, Muhammad Jabbar, 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 May
24, 2024.
Leister v. Edwards; 365 EDA 2024; a show cause order was
entered directing Appellant to respond as to why this appeal should not be
quashed as untimely in light of the longstanding caselaw and Appellate Rules.
The better procedure is for a party seeking reconsideration to also file their
notice of appeal, thus if the trial court denies the petition or does not act
on the petition within 30 days of the date of underlying order then the prior
appeal paperwork will have been taken without the necessity to watch the
calendar for the running of the appeal period). Indeed, the appeal herein was
required to be filed within thirty (30) days from the entry of the underlying
December 6th order.
Palumbo v. IMO Industries, Inc.; 3200 EDA 2023;
Appellants� March 18, 2024 application for reconsideration of this Court�s
dismissal Order is Granted. This Court�s March 18, 2024 dismissal Order is
Vacated, and the above-captioned appeal is Reinstated.
Com. v. Delarosa; 2188 EDA 2023; Appellant�s pro se
February 28, 2024 �Application To Direct Appellee To Serve Appellant And Extend
Period Of Time To File Appellant�s Reply Brief,� the Prothonotary of this Court
is Directed to provide Appellant with copies of the February 12, 2024
Appellee�s brief. Appellant shall be permitted to file a reply brief within
fourteen (14) days of the date that this Order is filed.
Boerner v. Best Buy Roofing, LLC; 1968 EDA 2023; In light
of the fact that Appellant filed his brief and reproduced record on January 6,
2024, Appellant�s December 28, 2023, application for an extension, entitled
�Motion to Extend Time for Filing of Brief and Reproduced Record Pursuant to
Pa.R.A.P. 105(b)� is DENIED as moot.
Dovin v. Honey Brook Golf Club LP.; 2078 EDA 2023;
Appellee�s Application for Continuance of Oral Argument, it is Ordered that
said motion be and hereby is Granted. The Prothonotary is directed to assign this
matter to the next available argument panel.
Com. v. Bocelli; 2971 EDA 2023; Appellant�s prose March
11, 2024 �Misc. Dkt. No. Emergency Petition For An Extension Of Time Of Which
To File Reply Brief,� the Appellant�s reply brief shall be due on or before
April 4, 2024.
Com. v. Stewart; 2853 EDA 2023; Application For Bail
Pending Appeal From Revocation Of Probation Upon Technical Violation Of
Probation,� filed by the Defender Association of Philadelphia, the March 13,
2024 �Commonwealth�s Answer To Defendant�s Application For Bail,� and the
revocation court�s February 20, 2024 �Trial Court�s Statement For Denial Of
Bail Pending Appeal,� the application for bail pending appeal is Denied.
Trust Of Sole E. Harrison And Sydria Harrison Appeal Of:
Michael Harrison; 1784 EDA 2023; Application/Motion of Appellant for Extension
of Time to File Reply Brief,� the application is Granted and Appellant shall
serve and file a reply brief on or before April 24, 2024.
Com. v. Lopez-Vanegas; 941 EDA 2023; Appellant filed a
pro se PCRA petition. On December 9, 2021, the PCRA court appointed Sean
Cullen, Esquire, to represent Appellant. On August 23, 2022, an order
dismissing Appellant�s PCRA petition was entered. On December 6, 2022,
Appellant filed a pro se notice of appeal.
Juarez-Atonal v. Frame; 2749 EDA 2023; The application of
Appellee, Nazario Juarez-Atonal and Elena Jimenez-Hernandez, for extension of
time to file Brief the application is hereby granted. Appellee�s Brief shall be
filed on or before May 13, 2024.
Com. v. Tucker; 2159 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 31,
2024.
Com. v. McClain; 1239 EDA 2022; This Court�s March 21,
2024 Order, this Court acknowledges that Counsel for Appellant is actually
stand-by counsel and not required to file a brief on Appellant�s behalf.
Accordingly this Court�s March 21, 2024 Order is Vacated. The court of common
pleas need not conduct the abandonment hearing directed in that Order.
Com. v. Lopez-Vanegas; 2689 EDA 2023; Appellant filed a
pro se PCRA petition. On December 9, 2021, the PCRA court appointed Sean Cullen,
Esquire, to represent Appellant. On February 1, 2022, Attorney Cullen filed an
application to withdraw as counsel and no-merit letter pursuant to Commonwealth
v. Turner, 544 A.2d 927 (Pa. 1988) and Commonwealth v. Fin ley, 550 A.2d 213
(Pa. Super. 1988) (en banc). On April 21, 2022, the PCRA court granted Attorney
Cullen�s application to withdraw as counsel and issued notice of intent to
dismiss the PCRA petition pursuant to Pa.R.Crim.P. 907. On August 23, 2022, an
order dismissing Appellant�s PCRA petition was entered. On December 6, 2022,
Appellant filed a pro se notice of appeal.
Insectarium And Butterfly Pavilion, Inc. v. Rubin; 2091
EDA 2023; Application to Proceed In Forma Pauperis� and �Application to File
Reduced Number of Brief Copies� filed by Appellant, and the answer in
opposition filed thereto, the applications are Denied without prejudice to the
moving party�s right to file new applications with this Court only if and when
Appellant is granted IFP status below. The February 7, 2024 �Application to
Quash Appeal� is Denied without prejudice to the moving party�s right to file a
new application that may be filed after the appeal has been assigned to the
panel of this Court that will decide the merits of the appeal.
Gross v. Mintz; 2411 EDA 2023; Appellant, Nicole Eva
Gross, has failed to pay the Court-ordered sanction amount of one hundred
dollars ($100.00) as directed in this Court�s November 2, 2023 order. The
Prothonotary of this Court is directed to attach a copy of the November 2, 2023
order to this Order.
Mason v. Gansky; 3209 EDA 2023; Appeal and docketing
statement filed by Appellant, the appeal is taken from the December 6, 2023
order finding in favor of Appellees and entering a verdict against Appellant
following a nonjury trial. Because the trial court docket reflects that the
trial court has not yet ruled upon Appellant�s post-trial motion and judgment
has not been entered on the trial court docket, this Court directed Appellant
to show cause as to why the appeal should not be quashed. Appellant did not
respond.
Com. v. Stewart; 2853 EDA 2023; The application of
Appellant, Dishawn Stewart, for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before May 1, 2024.
Rubin v. Kanya; 1278 EDA 2023; Application to Proceed In
Forma Pauperis� and �Application to File Reduced Number of Brief Copies� filed
by Appellant, and the answer in opposition filed thereto, the applications are
Denied without prejudice to the moving party�s right to file new applications
with this Court only if and when Appellant is granted IFP status below. The
February 4, 2024 �Application to Quash Appeal� is Denied without prejudice to
the moving party�s right to file a new application that may be filed after the appeal
has been assigned to the panel of this Court that will decide the merits of the
appeal.
Com. v. Watson; 1945 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 20,
2024.
Kunkel v. Abington Memorial Hospital; 2288 EDA 2023;
Application of Plaintiff/Appellant for 14-day Extension of the Due Date For The
Reply Brief For Appellant,� docketed as a �Application for Extension Of Time to
File Reply Brief,� filed by Appellant Alexander D. Kunkel, the Application is
Granted. Appellant�s reply brief shall be due on or before April 11, 2024.
Batterman v. Santo; 116 EDA 2024; Appellant�s brief was
due on or before March 4, 2024. Since no brief was filed, on March 14, 2024, by
order of this Court, the appeal was dismissed for failure to file the
Appellant�s brief. On March 19, 2024, this Court received Appellant�s brief in
the above-captioned matter, accordingly, it is hereby Ordered.
HOF I REO 5, Inc. v. Connect A Care Network, LLC; 2532
EDA 2023; Appeal, docketing statement, and trial court docket, as well as the
�motion for a stay of ejectment order(s) via tender of payment of supersedeas
silver bond pending appellate review c/o Tiger D[.] Raven-Melchiz El, POA,�
docketed as �Application for Relief,� and �emergency motion to stay writ of
possession,� docketed as �Application to Stay,� filed by pro se Appellant
Bennie R. Hearst Pettway, Appellant purports to have a personal interest in the
appeal and to represent Connect A Care Network, LLC (�the Corporation�) as
�power of attorney.� Because Appellant was not a party to the ejectment action
in the trial court, he lacks standing to bring this appeal. Additionally, he is
not an attorney, and a non-attorney may not represent a corporation.
Stanton v. Stanton; 504 EDA 2024; Appellant�s
�Application For Correction of the Original Record�, filed on March 19, 2024,
is hereby DENIED without prejudice for Appellant to file his application in the
trial court no later than March 28, 2024 and the trial to address the
application within ten (10) days of its filing, in light of the fact that this
is a Children�s Fast Track appeal.
Francis v. Presbyterian Medical Center of The University
of Pennsylvania Health System D/B/A Penn Medicine, Sodexo Operations, LLC; 183
EDA 2024; Appellants Gregory Francis and Sandy Francis, husband and wife,
plaintiffs below, Appellants purport to appeal from the December 19, 2023,
order (�Order�) that denied their motion to compel full and complete answers to
their interrogatories addressed to Appellee, Presbyterian Medical Center of the
University of Pennsylvania d/b/a Penn Medicine, one of five defendants below,
and further stating that�[t]his issue may be certified for appeal.
Batterman v. Santo; 117 EDA 2024; Appellant�s brief was
due on or before March 4, 2024. Since no brief was filed, on March 14, 2024, by
order of this Court, the appeal was dismissed for failure to file the
Appellant�s brief. On March 19, 2024, this Court received Appellant�s brief in
the above-captioned matter, accordingly, it is hereby Ordered.
Reitz v. Flower; 2291 EDA 2023; This appeal has been
taken from the August 15, 2023 domestic relations contempt order in child
support. Appellant�s motion titled �Application To Supplement Original Record�,
is Denied without prejudice for Appellant to seek the requested relief in the
trial court no later than April 1, 2024. The Prothonotary of this Court
directed to transmit a copy of this order to the Honorable Abraham Kassis, the
Northampton County Civil Division, and all parties.
Wert v. Wert; 174 EDA 2024; Application for Writ of
Mandamus�, filed March 15, 2024, and the correspondence filed by the Honorable
Melissa T. Pavlack with this Court on March 19, 2024, it is hereby Ordered. The
Notes of Testimony from the December 14, 2024 hearing shall be transcribed on
an expedited basis in light of the fact that this is a Children�s Fast Track
appeal.
Cameron v. Carothers; 102 EDM 2023; Petition for
Permission to Appeal� filed by Petitioner William R. Cameron III, and the
answer filed thereto, the petition is Granted. This matter shall proceed before
this Court as an appeal from the Order entered on May 12, 2023, in the Bucks
County Court of Common Pleas, Civil Division, 2014-E0597.
Com. v. Hairston; 1699 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 27, 2024.
Mooney v. Henner; 531 EDA 2024; Application for Extension
of Time to File Non-Brief� filed by pro se Appellant, the application is
Granted. Appellant�s response to the show-cause order is now due on or before
April 5, 2024.
Com. v. Gatewood; 96 EDA 2024; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions shall be granted absent
extenuating circumstances. Appellee�s Brief shall be filed on or before May 21,
2024.
Liberty Property Limited Partnership v. Kendall Heaton
Associates, Inc.; 2503 EDA 2023; Appellant, Liberty Property Limited
Partnership, plaintiff below, appeals from the August 31, 2023 order that,
among other things, denied the motion to enforce settlement agreement filed by
Appellant and granted the motion to enforce settlement agreement filed by
Appellees, defendants below.
Com. v. Mulero; 347 EDA 2024; Appellant�s February 22,
2024 �Reply To Statement Pursuant To PA.R.A.P. 1925(a),� the request contained
in the �Reply To Statement Pursuant To PA.R.A.P. 1925(a)� is Denied, without
prejudice for appellant to raise the issue again in Appellant�s brief.
Leonard v. Leonard; 377 EDA 2024; Appellant, John J.
Leonard, Jr., plaintiff below, appeals from the December 27, 2023 �Part 2�
partition order entered following a non-jury trial. The order directed the sale
of the previously partitioned property located at 8619 Ditman Street,
Philadelphia, Pennsylvania and determined the credits and adjustments due to
each party.
In Re: Appeal Of Estate Of Betty Ricks Appeal Of: James
W.S. Smith; 2697 EDA 2023; On January 18, 2024, this Court entered an Order
advising James Smith, a non-attorney, that he cannot represent the Estate of
Betty Ricks before this Court and directing him to obtain counsel on behalf of
the Estate and to have counsel enter an appearance with this Court within 30
days.
Soccio v. Anand; 2702 EDA 2023; Appellant, Neil Anand,
defendant below, appeals from the October 10, 2023 order that granted partial
summary judgment in favor of Appellee, Paul Soccio, plaintiff below, and
dismissed with prejudice Appellant�s multiple counterclaims against Appellee.
In his docketing statement, Appellant contends that the order is a final,
appealable order pursuant to Pa.R.A.P. 341.
Com. v. Page; 849 EDA 2023; Page�s motion for appointment
of private investigator is Denied.
Com. v. Thompson; 2316 EDA 2023; This Court�s January 2,
2024 Order, the trial court�s January 16, 2024 �Findings Of Fact And
Conclusions Of Law,� and in light of the fact that on December 1, 2023, and
March 4, 2024, Jeffrey Scott Gold, Esquire, failed to file a docketing
statement, this matter is Remanded for thirty (30) days for a determination as
to whether counsel has abandoned Appellant and to take further action as
required to protect Appellant�s right to appeal. The trial court shall transmit
to this Court within the thirty-day period a written notice of all findings and
any actions taken thereon.
Com. v. Martin; 207 EDA 2024; Appellant�s February 23,
2024 letter to this Court objecting to the record inventory list and requesting
correction of the record, the request is Denied, in light of the fact that this
appeal involves the dismissal of an untimely PCRA petition, and therefore, the
only issue to be considered in this appeal is the timeliness of the PCRA
petition.
Com. v. Anderson; 1944 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 31,
2024.
Com. v. Nunez; 1929 EDA 2023; Appellant�s February 27,
2024 �Application For Remand To Correct Sentencing Issues And For Third
Extension Of Time To File Brief,� filed by Bonnie-Ann Brill Keagy, Esq., the
application is Deferred to the panel of this Court assigned to decide the
merits of the appeal. Appellant�s brief shall be due on or before April 1,
2024. No further extensions will be granted.
Crawford v. Penn Central Corporation; 2906 EDA 2023;
Appellants, Penn Central Corporation a/k/a American Premier Underwriters, Inc.
(�Penn Central�) and Consolidated Rail Corporation (�Conrail�) (collectively,
�Appellants�) appeal from an October 24, 2023, order (the �Order�) that removed
a nonsuit entered against Appellee, Basil R. Crawford (�Plaintiff�). Our review
of the record reveals that on June 9, 2023, prior to jury selection, the trial
court granted defense motions in limine, and immediately thereafter, entered a
compulsory nonsuit against Appellee, Basil R. Crawford, plaintiff below.
Crawford v. Penn Central Corporation; 2907 EDA 2023;
Appellants, Penn Central Corporation a/k/a American Premier Underwriters, Inc.
(�Penn Central�) and Consolidated Rail Corporation (�Conrail�) (collectively,
�Appellants�) appeal from an October 24, 2023, order (the �Order�) that removed
a nonsuit entered against Appellee, Basil R. Crawford (�Plaintiff�). Our review
of the record reveals that on June 9, 2023, prior to jury selection, the trial
court granted defense motions in limine, and immediately thereafter, entered a
compulsory nonsuit against Appellee, Basil R. Crawford, plaintiff below.
Lava Funding, LLC v. Touey; 573 EDA 2024; Appeal and
docketing statement filed by Appellant, Kevin J. Touey, the appeal is taken the
January 17, 2024 order denying Appellant�s Petition to Open Judgment Entered by
Confession. The notice of appeal was dated February 20, 2024 and appears
facially untimely. A notice of appeal must be filed �within 30 days after the
entry of the order from which the appeal is taken.
Devon Orthopedic Implants Company v. Exlites Holdings
International, Inc.; 3045 EDA 2023; Application to Extend Filing Deadline for
Brief of Appellee, Devon Orthopedic Implants Company,� docketed as �Application
for Extension of Time to File Brief - Second Request,� filed by Appellee, Devon
Orthopedic Implants Company, and noting no opposition thereto, the application
is Granted. Appellee shall file its brief on or before April 22, 2024.
Jamal v. Ayo; 2589 EDA 2023; This Court having received a
response to the January 30, 2024 show-cause order, the rule is discharged and
the 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 issues may be revisited by the merits panel to be assigned to
this appeal, and the parties should be prepared to address, in their briefs or
at the time of oral argument, any concerns the panel may have concerning these
issues.
N.E.G. v. J.Z.M.; 238 EDA 2024; Appeals involve related
parties and issues. Accordingly, the appeals at Nos. 238 and 366 EDA 2024 are
hereby Consolidated.
Healy v. T.A.G. Builders, Inc.; 2871 EDA 2023; The
application of Appellee, T.A.G. Builders, Inc., and Greenstone Development II
Corp. a/k/a Greenstone Development II, Corp., for extension of time to file
Brief the application is hereby granted. Appellee�s Brief shall be filed on or
before May 8, 2024.
Gross v. Mintz; 366 EDA 2024; This Court entered a show
cause order directing Appellant to respond as to the appealability of the
November 29, 2023 order entered in the parties� ongoing custody matter since
the order does not appear to be appealable pursuant to Pa.R.A.P. 311(4), since
neither party filed a petition pursuant to Pa.R.Civ.P. 1531 seeking an
injunction. On March 21, 2024, Appellant filed a response. Accordingly, the
show cause order is hereby discharged. Please note that this is not a final
determination as to the propriety of the appeal.
Com. v. Teasley; 2624 EDA 2023; Appellant�s application
for a second extension of time to file briefs is Granted. Appellant�s brief
filed March 11, 2024, is considered timely filed.
Com. v. Vela; 2152 EDA 2023; The application of
Appellant, Michael Jonathan Vela, 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 7, 2024.
Reitz v. Flower; 3046 EDA 2023; this Court directing
Appellant to pay for the pertinent transcript for this appeal no later than
March 22, 2024 since Appellant was not granted in forma pauperis for the
above-captioned appeal. Appellant was directed that a failure to pay by March
22, 2024 would result in dismissal of this appeal. The trial court has
confirmed that Appellant has not paid for the pertinent transcript.
Accordingly, the appeal at 3046 EDA 2023 is hereby Dismissed.
Opulent Watches, LLC v. Warner; 2046 EDA 2023;
Appellant�s Notice of Intent to Proceed Under to Rule 2154(b),� filed by
Counsel for Appellant Warner, the following is Ordered.
In The Interest Of: N.K., A Minor Appeal Of: N.K., Minor;
1904 EDA 2022; Appellant, N.K., a minor at the time the proceedings below were
initiated, appealed from the July 11, 2022, order entered in the Juvenile
Division of the Philadelphia County Court of Common Pleas (trial court),
denying his motion for relief, nunc pro tunc. Upon review, we reversed that
order and remanded the case back to the trial court with instructions.
Ahmed v. Salam; 490 EDA 2024; Docketing statement review
revealed that on February 20, 2024 the trial court entered a February 16, 2024
order pursuant to Pa.R.A.P. 236 directing Appellant to file a 1925(b) Statement
no later than March 12, 2024. Review of the trial court February 16th order
reveals that the trial court complied with the requirements of Pa.R.A.P.
1925(b)(3)(i)-(iv). Appellant failed to file his 1925(b) Statement with the
trial court and serve the trial court judge as ordered. Accordingly, Appellant
is directed to show cause within ten (10) days of the date of this order as to
why this appeal should not be dismissed for waiver of all issues due to
Appellant�s failure to file a 1925(b) statement after being ordered to do so by
the trial court.
Com. v. Jones; 2736 EDA 2023; The application of
Appellant, Najee R. Jones, for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before May 10, 2024.
Jamal v. Ayo; 2589 EDA 2023; Motion to Quash or Dismiss
Appellant�s Notice of Appeal� (docketed as �Application to Quash Appeal�) filed
by Appellee Naghamana Jamal, and noting no response filed thereto, the
application is Denied Without Prejudice to the moving party�s right to raise
the issue in the appellate brief. The Prothonotary of this Court is Directed To
reestablish the briefing schedule in the above-captioned appeal.
Taggart v. Taggart; 2071 EDA 2023; Application To Amend�,
filed April 1, 2024, and Appellee�s response it is hereby Ordered. Appellant�s
brief, filed March 25, 2024, is hereby Stricken.
Com. v. Mayfield; 1901 EDA 2023; The application of
Appellee, Commonwealth of Pennsylvania, for extension of time to file Brief,
the application is hereby Granted. Appellee�s Brief filed March 11, 2024, is
considered timely filed.
Batterman v. Santo; 453 EDA 2024; Appellant�s untimely
�Application for Reconsideration of Order�, filed April 1, 2024, from the March
15, 204 order quashing the above-captioned appeal is hereby Denied.
Com. v. Anderson; 887 EDA 2024; According to the trial
court docket, on February 5, 2024, judgment of sentence was imposed. On
February 8, 2024, a counseled post-sentence motion was filed. On March 14,
2024, a counseled notice of appeal was filed. There is no indication on the
trial court docket that an order was entered regarding the post-sentence motion
filed on February 8, 2024. Appellant is directed to show cause, in a response
filed of record in this Court, within ten (10) days of the date that this Order
is filed, why this appeal should not be quashed as interlocutory.
N.E.G. v. J.Z.M.; 238 EDA 2024; Review of these matters
indicates that these appeals involve related parties and issues. Accordingly,
the appeals at Nos. 238 and 366 EDA 2024 are hereby Consolidated.
Edens v. Pasters; 337 EDA 2024; This notice of appeal,
filed by pro se incarcerated Appellant, was received by the trial court and
filed on January 26, 2024. The notice of appeal envelope did not include a
prison postmark with the date the notice of appeal was filed in the
correctional facility. The appeal has been taken from the December 15, 2023
Final Protection From Abuse Order.
Com. v. Massey; 1144 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 April 22, 2024.
In The Interest Of: A.B.-G., A Minor Appeal Of: E.B.,
Mother; 565 EDA 2024; This appeal has been taken from a January 17, 2024
dependency order. On March 15, 2024, a Rule to Show Cause order was entered by
this Court directing Appellant to respond as to this Court�s jurisdiction over
the January 17, 2024 order as it appeared that the Notice of Appeal, filed
February 21, 2024, is untimely.
Com. v. Boyd, E.; 489 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Est. of Perez, N. v. Bryn Mawr Hospital; 479 EDA 2024;
The appellant has failed to file timely the docketing statement required by
Pa.R.A.P. 3517. The appellant is directed to file the docketing statement with
the Prothonotary of this court by April 15, 2024. Failure to file the docketing
statement by that date will lead to an order dismissing the appeal.
Com. v. McDonald, B.; 419 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Marchini, B.; 349 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Johnson, L. v. Johnson, J.; 329 EDA 2024; The appellant
has failed to file timely the docketing statement required by Pa.R.A.P. 3517.
The appellant is directed to file the docketing statement with the Prothonotary
of this court by April 15, 2024. Failure to file the docketing statement by
that date will lead to an order dismissing the appeal.
Brinkley, T. v. Rabb-Summers, S.; 316 EDA 2024; The
appellant has failed to file timely the docketing statement required by Pa.R.A.P.
3517. The appellant is directed to file the docketing statement with the
Prothonotary of this court by April 15, 2024. Failure to file the docketing
statement by that date will lead to an order dismissing the appeal.
Charleston, W. v. Bannister, G.; 306 EDA 2024; The
appellant has failed to file timely the docketing statement required by Pa.RAP.
3517. The appellant is directed to file the docketing statement with the
Prothonotary of this court by April 15, 2024. Failure to file the docketing
statement by that date will lead to an order dismissing the appeal.
Com. v. Cook, J.; 325 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Zucker, C. v. Sigismondi, J.; 312 EDA 2024; The appellant
has failed to file timely the docketing statement required by Pa.R.A.P. 3517.
The appellant is directed to file the docketing statement with the Prothonotary
of this court by April 15, 2024. Failure to file the docketing statement by
that date will lead to an order dismissing the appeal.
Com. v. Hill, Y.; 402 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Donlon, B.; 482 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Lawhorn. T.; 322 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Crew, S.; 299 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Steamboat SCM Fund v. Perry, A.; 274 EDA 2024; The
appellant has failed to file timely the docketing statement required by
Pa.R.A.P. 3517. The appellant is directed to file the docketing statement with
the Prothonotary of this court by April 15, 2024. Failure to file the docketing
statement by that date will lead to an order dismissing the appeal.
Syan, G. v. Arrington, R.; 246 EDA 2024; The appellant
has failed to file timely the docketing statement required by Pa.R.A.P. 3517.
The appellant is directed to file the docketing statement with the Prothonotary
of this court by April 15, 2024. Failure to file the docketing statement by
that date will lead to an order dismissing the appeal.
Com. v. Marshall, J.; 488 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that date
will lead to an order dismissing the appeal.
Com. v. Doran, P.; 348 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Donlon, B.; 483 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.RAP. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Jeel Corp. v. Law Offices of Jonathan Wheeler; 317 EDA
2024; The appellant has failed to file timely the docketing statement required
by Pa.R.A.P. 3517. The appellant is directed to file the docketing statement
with the Prothonotary of this court by April 15, 2024. Failure to file the
docketing statement by that date will lead to an order dismissing the appeal.
Com. v. Brown, L.; 197 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Satiro, F. v. American European Insurance; 333 EDA 2024;
The appellant has failed to file timely the docketing statement required by
Pa.R.A.P. 3517. The appellant is directed to file the docketing statement with
the Prothonotary of this court by April 15, 2024. Failure to file the docketing
statement by that date will lead to an order dismissing the appeal.
Com. v. Bodnar, T.; 253 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Johnson, K. v. Elise, K.; 338 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Berenato, D. v. Le, Nhu; 8 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Wells Fargo Bank v. DeHart, J.; 258 EDA 2024; The
appellant has failed to file timely the docketing statement required by
Pa.R.A.P. 3517. The appellant is directed to file the docketing statement with the
Prothonotary of this court by April 15, 2024. Failure to file the docketing
statement by that date will lead to an order dismissing the appeal.
Com. v. Cruz, M.; 56 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Cannon, O.; 14 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that date
will lead to an order dismissing the appeal.
Com. v. Haynes, B.; 82 EDA 2024; The appellant has failed
to file timely the docketing statement required by Pa.RAP. 3517. The appellant
is directed to file the docketing statement with the Prothonotary of this court
by April 15, 2024. Failure to file the docketing statement by that date will
lead to an order dismissing the appeal.
Penn Street Apts. v. Evans, R.; 281 EDA 2024; The
appellant has failed to file timely the docketing statement required by Pa.R.A.P.
3517. The appellant is directed to file the docketing statement with the
Prothonotary of this court by April 15, 2024. Failure to file the docketing
statement by that date will lead to an order dismissing the appeal.
Com. v. Fields, R.; 302 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Semisa, J.; 451 EDA 2024; The appellant has
failed to file timely the docketing statement required by Pa.R.A.P. 3517. The
appellant is directed to file the docketing statement with the Prothonotary of
this court by April 15, 2024. Failure to file the docketing statement by that
date will lead to an order dismissing the appeal.
Com. v. Carter; 3076 EDA 2023; In light of the fact that
on February 26, 2024, Coley O�Brien Reynolds, Esquire, entered his Appearance
with this Court as counsel for Appellant, Attorney Reynolds is Directed to show
cause, in a response filed of record in this Court, within ten (10) days of the
date that this Order is filed, why this appeal should not be quashed as
untimely filed on November 9, 2023, from the PCRA order entered on October 5,
2023.
Com. v. Rosario; 639 EDA 2024; Appellant�s March 26, 2024
�Motion To Withdraw As Counsel,� filed by Jason Albert Shrive, Esquire, and in
light of the trial court�s order of March 19, 2024, appointing Marc C.
Lovecchio, Esquire, the following is Ordered. The Prothonotary of this Court is
directed to remove Attorney Shrive from the appeal docket.
Com. v. Hurdle; 1627 EDA 2022; Appellant�s Application
For Extension of Time in Which to File Application For Reargument En Banc is
Granted. Appellant shall have until April 15,2024, inclusive, to file an
application for reargument.
In Re: Appeal Of Estate Of Betty Ricks Appeal Of: James
W.S. Smith; 2697 EDA 2023; Motion for Reconsideration and Nunc Pro Tunc Appeal�
filed by James W.S. Smith, the application is Denied.
Com. v. Rosario; 746 EDA 2024; Appellant�s March 26, 2024
�Motion To Withdraw As Counsel,� filed by Jason Albert Shrive, Esquire, and in
light of the trial court�s order of March 19, 2024, appointing Marc C.
Lovecchio, Esquire, the following is Ordered. The Prothonotary of this Court is
directed to remove Attorney Shrive from the appeal docket.
Hagans v. Hospital Of The University Of Pennsylvania; 537
EDA 2024; The briefing schedule is Suspended until further order of this Court.
Packirisamy v. Suresh; 537 EDA 2023; Appellant Suresh
Packirisamy initiated bankruptcy proceedings in the United States Bankruptcy
Court for the Eastern District of Pennsylvania at No. 22-10129-mdc, this Court
stayed the appeal in accordance with the automatic stay provision of the United
States Bankruptcy Code, 11 U.S.C. � 362. The parties were directed to notify
this Court every six (6) months of the status of the automatic stay, so that
this Court could either proceed with this matter or determine whether the
appeal had been rendered moot by the conclusion of the bankruptcy proceedings.
Com. v. Riley; 494 EDA 2024; The application of
Appellant, Nathan Riley, 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 May
31, 2024.
Com. v. Velazquez; 239 EDA 2024; The application of
Appellant, Luis Velazquez, for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before May 8, 2024.
Com. v. Vance; 2886 EDA 2022; Appellant�s March 27, 2024
Application for Relief for Enlargement of Time to File Motion for Reargument
Nunc Pro Tunc is Granted. Appellant�s Motion for Reargument Nunc Pro Tunc is
accepted as filed and panel reconsideration is Granted.
Com. v. Johnson; 1235 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 3,
2024.
Com. v. Jordan; 1677 EDA 2023; Appellant�s March 4, 2024
�Motion To Reduce Copies,� Appellant shall file three (3) bound copies and one
(1) unbound copy of Appellant�s brief. Appellant shall also serve the
Commonwealth with one (1) bound copy of Appellant�s brief.
Com. v. Green; 1795 EDA 2023; Appellant�s March 4, 2024
�Application To File Fewer Copies Of Brief And And [sic] Reproduce Record,�
Appellant shall file three (3) bound copies and one (1) unbound copy of
Appellant�s brief. Appellant shall also serve the Commonwealth with one (1)
bound copy of Appellant�s brief. Appellant shall not be required to file a
reproduced record.
Com. v. Lawrence; 1906 EDA 2021; The Commonwealth�s
Application for Extension of Time to File Brief is hereby Granted. The
Commonwealth shall file its brief by May 27, 2024.
Com. v. Hentz; 2542 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 7,
2024.
Com. v. Davis; 2849 EDA 2023; Appellant�s February 29,
2024 �Application for reduction of copies of Brief,� Appellant shall file three
(3) bound copies and one (1) unbound copy of Appellant�s brief. Appellant shall
also serve the Commonwealth with one (1) bound copy of Appellant�s brief.
Wilmington Savings Fund Society FSB v. Suarez; 3035 EDA
2023; Application for Relief Requesting Extension of Time Under March 21, 2024
Order,� the application for extension of time to file a response to this
Court�s March 21, 2024 Order is Granted. Appellant�s response to this Court�s
Order shall be due within ten (10) days of the date of this Order.
Com. v. Trejo; 2376 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
17, 2024.
Com. v. Ortiz; 2595 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 3,
2024.
Com. v. Davis; 2849 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. Bowman; 345 EDA 2024; Appeal which states the
appeal is from �the Order entered on the 12th day of January, 2024� and in
light of the fact that there is no PCRA court docket entry for an order entered
on January 12, 2024, Appellant is Directed to show cause, in a response filed
of record in this Court, within ten (10) days of the date that this Order is
filed, why this appeal should not be quashed as having been taken from a
purported order which is not entered upon the appropriate docket of the lower
court.
Com. v. Blong; 524 EDA 2024; Appellant�s March 2, 2024
motion for remand, filed by Daniel Anthony Alvarez, Esq., the motion is Denied
without prejudice to Appellant�s right to raise the request for remand/transfer
in the motion before the panel of this Court assigned to decide the merits of
the appeal by either refiling the motion in writing once the case has been
assigned to a panel or by raising the issue in the Appellant�s brief.
Com. v. Loarte; 560 EDA 2024; Appellant�s March 5, 2024
�Petition To Withdraw As Counsel,� filed by Amy E. Sonin, Esq., the trial court
is Directed to issue a ruling on the motion to withdraw as counsel filed in the
trial court on February 21, 2024, within fourteen (14) days of the date of this
Order. The trial court shall provide written notice to the Prothonotary of this
Court of any changes in the status of Appellant�s representation. The
Prothonotary of this Court is Directed to forward copies of this Order to the
Honorable Anna-Kristie M. Marks and the clerk of courts office.
Com. v. Corbin; 1886 EDA 2022; Appellant�s pro se
February 29, 2024 �Application For Specialized Review And Emergency Relief,�
the application is Denied without prejudice to apply to the Court of Common
Pleas for relief via the Post-Conviction Relief Act, 42 Pa.C.S. �� 9541-46.
Com. v. Maggitti; 431 EDA 2024; In light of the fact that
trial is scheduled for April 23, 2024, and upon consideration of pro se
Appellant�s March 25, 2024 response to this Court�s March 14, 2024 Order to
show cause, the above-captioned appeals are hereby quashed as interlocutory.
Mahil, LLC v. Adams; 840 EDA 2024; Application for
Reconsideration of Order,� filed by pro se Appellant, the application for
reconsideration is Denied.
Com. v. Zuber; 1710 EDA 2023; Appellant�s March 8, 2024
�Motion To Correct Omissions In The Record Pursuant To Pa.R.A.P. 1926,� filed
by the Defender Association of Philadelphia, the trial court is directed to
certify and transmit a supplemental record to the Prothonotary of this Court,
containing the notes of testimony referenced in the Appellant�s motion, within thirty
(30) days of the date that this Order is filed.
Com. v. Bush; 17 EDM 2024; Petitioner�s Application To
File An Appeal Nunc Pro Tunc In Accordance With The Fourteenth Amendment Equal
Protection Clause,� the application is Denied.
Com. v. Buchanan; 341 EDA 2024; The Commonwealth�s March
11, 2024 �Application For Disposition On Motion Pursuant To PA.R.A.P. 1972,�
the appeal from the December 15, 2023 order is Quashed as untimely filed on
January 18, 2024.
Com. v. Blong; 525 EDA 2024; Appellant�s March 2, 2024
motion for remand, filed by Daniel Anthony Alvarez, Esq., the motion is Denied
without prejudice to Appellant�s right to raise the request for remand/transfer
in the motion before the panel of this Court assigned to decide the merits of
the appeal by either refiling the motion in writing once the case has been
assigned to a panel or by raising the issue in the Appellant�s brief.
Palumbo v. IMO Industries, Inc.; 3200 EDA 2023; Appeal
and docketing statement filed on December 7, 2023 by Appellants, the appeal is
purported to be taken from the November 6, 2023 order granting summary judgment
for all claims and cross-claims against SECO/Warwick Corporation, a defendant
below, and the December 5, 2023 order denying Appellant�s request for
reconsideration regarding the November 6, 2023 order.
Com. v. Emerson; 3223 EDA 2023; The application of
Appellant, Jackie Emerson, 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 7, 2024.
Brophy v. Belfi; 614 EDA 2023; Application for
Reconsideration of Order� filed by pro se Appellant, the application is Denied.
Application for Clarification� filed by Appellant, the application for
clarification is Granted in part and this Court provides its reasoning below
for granting Appellee�s application to quash and quashing the above-captioned
appeal on March 21, 2024.
Cuffey v. Morton; 615 EDA 2024; Appeal and docketing
statement filed by pro se Appellant, Arthur Morton, Appellant appeals from the
February 2, 2024 order striking Appellant�s January 5, 2024 petition to
open/strike judgment for failure to provide proof of service of the rule return
date of January 29, 2024, upon the plaintiff. Appellant contends the order is a
collateral order pursuant to Pa. R.A.P. 313. Generally, appeals may be taken
only from final orders unless otherwise permitted by rule or statute.
Com. v. Bowman; 345 EDA 2024; The application of
Appellant, Rashan Bowman, 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 24, 2024.
Norman v. City Of Philadelphia And Water Revenue Department;
773 EDA 2024; The notice of appeal and docketing statement filed by pro se
Appellant, Deree J Norman, the appeal is taken from the February 12, 2024 order
that granted in part and denied in part the motion for summary judgment filed
by Appellees, defendants below. The City of Philadelphia and the Water Revenue
Department are parties in this action.
Com. v. Wright-Benton; 119 EDA 2024; According to the
trial court docket, on November 13, 2023, judgment of sentence was imposed. On
November 21, 2023, Appellant�s court-appointed counsel, Douglas L. Smith,
Esquire, filed a post-sentence motion. On January 2, 2024, an order disposing
of the post-sentence motion was entered. On January 3, 2024, Attorney Smith
filed the instant notice of appeal. On January 16, 2024, Attorney Smith filed
in the trial court a �Motion To Withdraw As Court Appointed Counsel And Permit
The Defendant To Proceed Pro Se.� On January 22, 2024, an �Order Granting
Counsel�s Motion To Withdraw As Counsel And Permit The Deft To Proceed Pro Se�
was entered.
Com. v. Thomas; 1748 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 3,
2024.
McCarthy And Company, Inc. v. Pollen; 2254 EDA 2023;
Appellant�s �Application for Extension of Time to File Reply Brief,� and noting
that Appellant�s reply brief was timely filed, the application is Denied as
moot.
Shockley v. Nguyen; 3029 EDA 2023; Appellant, Karen
Shockley, plaintiff below, appealed from the judgment entered on September 8,
2022. The appeal was dismissed on August 4, 2023, for Appellant�s failure to
file a brief. This Court denied Appellant�s September 5, 2023 request for
reinstatement. Appellant did not seek review of the denial of reinstatement
with our Supreme Court. Appellant now seeks to appeal the November 9, 2023
order that denied Appellant�s motion styled �Motion to Modify Dispositional
Order.
Brown v. Whitfield; 2703 EDA 2023; Appellant�s failure to
respond to this Court�s February 29, 2024 show-cause order, the appeal is
Dismissed.
Com. v. Crews; 1870 EDA 2023; This Court�s Order of
December 19, 2023, and in light of the fact that the trial court informed the
Prothonotary of this Court that Appellant is represented by Clinton L. Johnson,
Esquire, the certified record is hereby Remanded to the trial court for a
period of sixty (60) days. Appellant shall be permitted to file in the trial
court and serve upon the trial judge a supplemental counseled Pa.R.A.P. 1925(b)
statement of errors complained of on appeal, within twenty-one (21) days of the
date that this Order is filed.
Com. v. Green; 871 EDA 2024; The counseled notice of
appeal filed on June 23, 2023, and the pro se notice of appeal filed on June
27, 2023, Appellant is Directed to show cause, in a response filed of record in
this Court, within ten (10) days of the date that this Order is filed, why this
appeal should not be dismissed as duplicative of the appeal docketed at 1795
EDA 2023. Failure to respond to this directive may result in dismissal of this
appeal without further notice.
Com. v. Alford; 2416 EDA 2021; The Prothonotary of this
Court is directed to forward Appellant�s pro se application for bail, filed on
March 27, 2024, to Appellant�s counsel, Mark F. Lovecchio, Esq. Commonwealth v.
Jette, 23 A.3d 1032 (Pa. 2011). Attorney Lovecchio is directed to provide
copies of this Order to Appellant.
Newlin v. Vita Healthcare Group; 259 EDA 2024; This
Court�s February 16, 2024 Order, the responses thereto filed by Counsel for
Defendants below, and the unopposed application for consolidation filed by
Plaintiffs below, the following is Ordered.
In Re: Adoption Of C.P.D., A Minor Appeal Of: T.P.D.,
Father; 719 EDA 2024; Appeals are hereby Consolidated as Cross-Appeals. T.P.D.,
Father, is Designated as Appellant/Cross-Appellee. A.J.D. and CO., and
Adoptions From the Heart are Designated as Appellees/Cross-Appellants. C.P.D. is
Designated as Appellee.
Com. v. Hosier; 2493 EDA 2023; Appellant�s February 2,
2024, �Motion To Withdraw Appearance,� filed pursuant to Anders v. California,
386 U.S. 738 (1967) by Jeffrey G. Verlander, Esquire, and Appellant�s pro se
letters to this Court received on February 29, 2024, and March 18, 2024,
Attorney Verlander is Directed to send a copy of Appellant�s February 1, 2024
brief to Appellant.
N.E.G; v. J.Z.M.; 109 EDA 2024; Review of these matters
indicates that these appeals involve related parties and issues. Accordingly,
the appeals at Nos. 109, 237, and 571 EDA 2024 are hereby Consolidated.
Com. v. Gibson; 1066 EDA 2023; Appellant�s application
for a third extension of time to file briefs is Granted. Appellant�s brief is
due by April 15. 2024. No further extensions will be granted.
Shockley v. Nguyen; 447 EDA 2024; Appeals from the
January 30, 2024 order denying Appellant�s motion for reconsideration. In her
docketing statement, Appellant contends the order is a final, appealable order
pursuant to Pa.R.A.P. 341; however, orders denying reconsideration are
interlocutory and not appealable.
McNeal v. M & J Auto Repair; 2507 EDA 2023;
Application For Permission To File And Substitute Amended Brief For Appellee
Forthwith To Correct Typographical Errors Discovered In Timely Filed Brief,�
docketed as �Application to Amend,� filed by Appellee, Tyshira McNeal, the
application is Granted.
Ellis v. Foods; 2305 EDA 2023; Motion for Extension of
Time to File Appellant�s Reply Brief,� docketed as �Application for Extension
of time to File Reply Brief,� filed by Appellant Richard Ellis and Appellant
noting that the application is unopposed, the application is Granted. The reply
brief filed by Appellant on March 14, 2024, is accepted as timely filed.
Pennsylvania Council On The Arts Palestine Writes, Inc.;
3204 EDA 2023; Application for Relief to Transfer Venue to Commonwealth Court,�
docketed as �Application to Transfer,� filed by Appellee Pennsylvania Council
on the Arts, and Appellant Palestine Writes, Inc.�s response that it does not
take a position on the Application, and because the Commonwealth Court has
exclusive jurisdiction over appeals from final orders of the courts of common
pleas in actions brought by the Commonwealth government, the Application is
Granted and the above-captioned appeal, along with any outstanding applications
for relief, shall be Transferred to the Commonwealth Court.
Carmen Enterprises, Inc., v. Blue Moon Travel, Inc.,;
2151 EDA 2023; The application of Appellant Carmen Enterprises, Inc., and
Counsel for Appellant, Bruce J. Chasan, Esq., for recusal is hereby Granted In
Part and Denied In Part.
Com. v. Alexander; 2381 EDA 2023; Appellant�s application
for a second extension of time to file briefs is Granted. Appellant�s brief
filed March 26, 2024, is considered timely filed.
Estate Of Jerome N. Schwartz Appeal Of: Madeline E.
Schwartz And Ellen Barbara; 39 EDA 2024; Motion of Appellants, Madeline E.
Schwartz and Ellen Barbara, for Remand Pursuant to Pa.R.A.P. 1925(c)(2) for
Filing of Statement of Matters Complained of on Appeal Nunc Pro Tunc and an
Opinion on the Merits,� docketed as �Application for Remand,� filed by
Appellants, Madeline E. Schwartz and Ellen Barbara, and noting no response or
objection thereto, and in light of Appellants� motion to file a nunc pro tunc
Rule 1925(b) statement pending in the orphans� court, the application is
Denied.
Com. v. Bishop; 870 EDA 2023; Appellant�s nunc pro tunc
application for a fourth extension of time to file briefs is Granted.
Appellant�s brief filed March 18, 2024, and reproduced record filed March 20,
2024, are considered timely filed.
Holy Ghost Met Master Tenant, LLC v. Live Nation
Entertainment, Inc.; 3147 EDA 2023; Appellee�s �Motion to Quash Appeal,�
docketed as �Application to Quash Appeal,� and the answer filed thereto, it is
Hereby Ordered that the Application is Granted and the appeal is Quashed.
Spinelli v. Fallon; 892 EDA 2023; Motion of Cozen
O�Connor, the Estate of Christopher Fallon and Jacqueline Promislo that the
Court Take Judicial Notice of Certain Pleadings Filed in the Related Delaware
County Court of Common Pleas Proceeding� (docketed as �Application for Relief�)
and the response thereto, the application is Denied.
Rinek v. Livezey; 596 EDA 2024; Motion to Quash Appeal�
(docketed as �Application to Quash Appeal�) filed by Appellee Rebecca
Rinek-Heier, and noting no response filed thereto, the application is Granted
and the above-captioned appeal is Quashed as improperly taken from an order
denying reconsideration.
Com. v. Vega-Pabon; 2804 EDA 2023; The trial court
dockets, notices of appeal, and criminal docketing statements filed at Docket
Numbers 2804 EDA 2023 through 2811 EDA 2023, the above-captioned appeals are
hereby consolidated. See Pa.R.A.P. 513. Both parties are directed to list all
Superior Court Docket Numbers in the caption of the consolidated brief.
Chris Eldredge Containers, LLC v. Crum & Foster
Specialty Insurance Company; 81 EDA 2024; appeal and docketing statement filed
by Appellant Chris Eldredge Containers, LLC, plaintiff below, the appeal is
taken from the December 4, 2023 order (the �Order�) granting judgment on the
pleadings and entering judgment in favor of Appellee Crum & Foster
Specialty Insurance Company, one of several defendants below. In the docketing
statement, Appellant indicates that the appeal is taken from a final,
appealable order under Pa.R.A.P. 341(b)(2) because, at the time the Order was
entered, all claims and parties had allegedly been disposed of. Additionally,
in the notice of appeal, Appellant states in a footnote that the notice of
appeal applies to both National Union and Crum and Forster. To the extent that Appellant
seeks to appeal from more than one order, filing one appeal from multiple
orders is improper.
Com. v. Lake; 562 EDA 2024; Appellant�s February 28, 2024
�Motion to Reinstate Appellate Rights Nunc Pro Tunc,� the motion is Denied in
light of the notice of appeal filed on November 27, 2023, the criminal
docketing statement filed on March 5, 2024, and the trial court�s 1925(a)
opinion filed on March 6, 2024. Appellant�s request for remand for an
evidentiary hearing is Denied without prejudice to raise the issue in
Appellant�s brief.
Connelly v. Connelly; 619 EDA 2024; This Court directed
Appellant, Thomas P. Connelly, to provide this Court, within ten days, with
proof of service of the notice of appeal filed at the above-captioned docket,
pursuant to Pa.R.A.P. 906(a). This Court has not received any response from
Appellant. Accordingly, the above-captioned appeal is Dismissed.
Com. v. Eskridge; 2204 EDA 2023; The application of
Appellant, Antoine Eskridge, 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. Brown; 1058 EDA 2023; Appellant�s �application
for leave to file appellate brief nunc pro tunc,� postmarked March 16, 2024,
and docketed March 20, 2024, and upon consideration of the Department of
Corrections cash slip attached to Appellant�s application as �Exhibit VB,��
which indicates that Appellant mailed an application for relief that was not
docketed in this Court, the following is hereby Ordered. The application is
Granted, due to a breakdown in the operations of this Court.
Com. v. Constantini; 2616 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. Edwards; 1948 EDA 2023; Appellant�s application
for an extension of time to file reply brief is Granted. Appellant�s reply
brief is due by May 6, 2024. No further extensions will be granted.
Com. v. Riley; 3 EDA 2024; The application of Appellant,
Daniel Riley, for extension of time to file Brief the application is hereby
granted. Appellant�s Brief shall be filed on or before May 15, 2024.
Com. v. Thompson; 479 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
16, 2024.
Com. v. Wilson; 3229 EDA 2023; The application of
Appellant, Lamar Wilson, 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 31, 2024.
Com. v. Maggitti; 842 EDA 2024; Consideration of the pro
se notice of appeal which states the appeal is from an order entered on
February 14, 2024, and in light of the fact that there is no trial court docket
entry for the listed February 14, 2024 trial court order, Appellant is Directed
to show cause, in a response filed of record in this Court, within ten (10)
days of the date that this Order is filed, why this appeal should not be
quashed as having been taken from a purported order which is not entered upon
the appropriate docket of the lower court.
Com. v. Maggitti; 843 EDA 2024; Consideration of the pro
se notice of appeal which states the appeal is from an order entered on
February 14, 2024, and in light of the fact that there is no trial court docket
entry for the listed February 14, 2024 trial court order, Appellant is Directed
to show cause, in a response filed of record in this Court, within ten (10)
days of the date that this Order is filed, why this appeal should not be
quashed as having been taken from a purported order which is not entered upon
the appropriate docket of the lower court.
Com. v. Edwards; 1854 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 7,
2024.
Com. v. Lewis; 3154 EDA 2023; Consideration of the
application for extension of time to file appellant�s brief, the application is
hereby Denied As Moot.
Kovarik v. Groundwater and Enviomment Services, Inc.; 246
EDA 2023; The application of Appellant, Jaromir Kovarik, for extension of time
to file Brief the application is hereby granted. Appellant�s Brief shall be
filed on or before May 22, 2024.
Com. v. Lee; 1762 EDA 2023; The application of Appellant,
Kavon Lee, for extension of time to file Brief the application is hereby
granted. Appellant�s Brief shall be filed on or before May 16, 2024.
Chris Eldredge Containers, LLC v. Crum & Foster
Specialty Insurance Company; 81 EDA 2024; The application of Appellant, Chris
Eldredge Containers, LLC, for extension of time to file Brief the application
is hereby granted. Appellant�s Brief shall be filed on or before May 10, 2024.
Allied First Bank v. Nelson; 223 EDA 2024; The
application of Appellant, Brigitte Nelson, for extension of time to file Brief
the application is hereby granted. Appellant�s Brief shall be filed on or
before May 16, 2024.
Com. v. Petterson; 1946 EDA 2023; The application of
Appellant, Eric Petterson, 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 31, 2024.
Com. v. Artwell; 3077 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.
Com. v. Pratt; 437 EDA 2024; 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 absent
extenuating circumstances. Appellant�s Brief shall be filed on or before June
24, 2024.
Com. v. Streamer; 2983 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.
Com. v. McCready; 2688 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 5,
2024.
Com. v. King; 1891 EDA 2023; The application of
Appellant, Jimel King, 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. Griffin; 2555 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
May 31, 2024.
Hatchigian v. Lewis; 3154 EDA 2023; Consideration of the
notice of appeal and docketing statement filed by pro se Appellant David
Hatchigian, plaintiff below, Appellant seeks to appeal the August 25, 2023 jury
verdict entered in his favor. The trial court docket reflects that Appellant
did not file post-trial motions; consequently, no issues were preserved for
appeal.
Rainforest Property III, LLC v. Tolulope; 775 EDA 2024;
Consideration of the April 1, 2024 Application for Extension of Time to File
Docketing Statement filed by pro se Appellants Gloria Tolulope and Solomon
Ogunsola, defendants below, the application is Granted.
Hatchigian v. White; 528 EDA 2024; Review of the notice
of appeal and docketing statement filed by pro se Appellant David Hatchigian,
plaintiff below, Appellant seeks to appeal as of right, pursuant to Pa.R.A.P.
311(a)(1), from the January 4, 2024 order (the �Order�) that granted Appellees�
petition to open or strike judgment. Rule 311(a)(1), however, applies only
where a trial court has refused to open, vacate, or strike a judgment, and here
the trial court granted the petition to open the judgment. Thus, it appears
that the order is interlocutory and not immediately appealable.
Com. v. Messner; 549 EDA 2024; Consideration of the pro
se notice of appeal which does not include the date for the order being appeal,
Appellant is Directed to show cause, in a response filed of record in this
Court, within ten (10) days of the date that this Order is filed, why this
appeal should not be quashed as having been taken from a purported order which
is not entered upon the appropriate docket of the lower court.
Plaza v. Schwartz; 1437 EDA 2023; The trial court for the
limited purpose of entering judgment for a sum certain in order for the
Prothonotary to record the judgment on the judgment index.
In The Interest Of: I.-S.D.A.R., A Minor Appeal Of: T.L.,
Mother; 31 EDA 2024; Appeal was filed pro se by Mother in contravention of the
Appellate Rules since Mother has been appointed counsel in this Dependency
matter. In fact, Mother is represented by appointed counsel Charles Andrew
Rosenbaum, Esquire. Counsel Rosenbaum was entered on the Appellate docket and
exited a docketing statement to complete. Counsel Rosenbaum failed to file the
completed docketing statement as required. As a result of this failure, on
February 22, 2024, an Order was entered by this Court directing Counsel�s
compliance by March 4, 2024.
Marina v. Lanciano; 185 EDA 2024; The briefing schedule
is Suspended until further order of this Court.
In Re: D.R.S., A Minor Appeal Of: J.S.S., Mother; 2581
EDA 2023; Appellant, JJ.S. (�Mother�), has appealed from the trial court�s
August 31, 2023 decree that involuntarily terminated her parental rights to her
five children, D.R.S, D.S.S., D.M.S., T.M.H, and J.L.H.S, pursuant to 23
Pa.C.S. �� 2511(a)(1), (2), (8), and (b).
Hasan v. Hasan; 572 EDA 2024; Appellant to show cause as
to the timeliness of the appeal since the trial court Pacses docket evinces
that the Notice of Appeal was filed February 22, 2024 and thus the Notice of
Appeal appears to be untimely filed from the January 22, 2024 order on appeal.
Although the show cause is discharged, Appellant is advised that the issue may
be revisited by the panel assigned to decide the merits of this case and
Appellant should be prepared to address, in Appellant�s brief or at the time of
oral argument, any concerns the panel may have concerning the issue raised by
this Court�s Rule To Show Cause order. Please note that this is not a final
determination as to the propriety of the appeal.
Com. v. Wilson; 972 EDA 2023; It appearing that the
above-captioned matter will be argued before a panel of this Court on
Wednesday, April 17, 2024, the parties are directed to address at oral argument
the issue of whether Appellant�s sentence is an illegal sentence. In
particular, the parties shall address whether there was sufficient evidence to
prove that Appellant had previously been convicted of a violation of 18 Pa.C.S.
� 6105(a) or that Appellant was in physical possession or control of a firearm,
whether visible, concealed about the person or within his reach, as is required
for a violation of 18 Pa.C.S. � 6105(a) to be graded as a first-degree felony.
APPEALS FILED
April 05, 2024
Com. v. Rannels; 1230 EDA 2022; Affirmed.
Com. v. Armstead; 1269 EDA 2022; Affirmed.
Com. v. Blackston; 1367 EDA 2022; Affirmed.
Robinson v. Hutchinson; 831 MDA 2023; Affirmed.
Pieniazek v. Pieniazek; 838 MDA 2023; Affirmed.
Com. v. Branthafer; 1745 MDA 2023; Affirmed.
Com. v. Ellis; 343 WDA 2023; Affirmed; Associated: 344
WDA 2023.
Adoption of: J.A.R., Appeal of: R.R.K.; 526 WDA 2023;
Affirmed - Application to Withdraw as Counsel Granted.
In Re: L.A.S., Appeal of: C.L.; 726 WDA 2023; Affirmed.
In Re: L.A.S., Appeal of: T.S.; 727 WDA 2023; Affirmed.
Adoption of: M.M.A., Appeal of: C.M.A.; 1120 WDA 2023;
Affirmed.
April 04, 2024
Com. v. Copeland; 1544 EDA 2023; Affirmed Application to
Withdraw as Counsel Granted.
In the Int. of: C.C., Appeal of: J.C.; 2998 EDA 2023;
Appeal Dismissed; Comments: Decree Affirmed at 2999 EDA 2023.; Associated: 2999
EDA 2023 Affirmed; Comments: Appeal Dismissed as Moot at 2998 EDA 2023.
In the Int. of: 1.B., Appeal of: M.B.; 3039 EDA 2023;
Affirmed; Associated: 3040 EDA 2023.
Shook v. Lehigh Valley Restaurant Group; 1861 EDA 2023;
Reversed/Remanded; Comments: Jurisdiction Relinquished.
April 03, 2024
Com. v. Davis; 646 EDA 2023; Affirmed.
Com. v. Kane; 1186 EDA 2023; Affirmed.
In the Int. of: T.Z.W.T., Appeal of: C.F. 1210 EDA 2023;
1210 EDA 2023; Affirmed; Associated: 1212 EDA 2023; 1211 EDA 2023.
Com. v. Florio; 1281 EDA 2023; Affirmed.
In the Int. of: T.Z.W.T., Appeal of: T.Z.W.T.; 1284 EDA
2023; Affirmed; Associated: 1286 EDA 2023; 1285 EDA 2023.
Feingold v. Nationwide Mutual Ins. Co.; 1433 EDA 2023;
Affirmed.
In Re: Est. of F.G., Appeal of: Est. of F.G.; 1647 EDA
2023; Affirmed.
April 02, 2024
Com. v. McKant; 3087 EDA 2022; Affirmed.
Miles v. Miles; 373 EDA 2023; Quashed.
Com. v. Ganges; 1312 EDA 2023; Affirmed.
April 01, 2024
Com. v. Gines; 1603 EDA 2023; Affirmed.
Com. v. Witherspoon; 3031 EDA 2022; Affirmed -
Application to Withdraw as Counsel Granted; Associated: 3032 EDA 2022.
Com. v. Sanchez-Rodriguez; 26 EDA 2023; Affirmed.
Smedley v. Smedley; 312 EDA 2023; Affirmed.
Smedley v. Smedley; 328 EDA 2023; Affirmed.
Com. v. Sanders; 904 EDA 2023; Affirmed.
Com. v. Campbell; 360 EDA 2023; Affirmed.
Com. v. Caulk; 609 EDA 2023; Affirmed.
Com. v. Gardner; 932 EDA 2023; Affirmed.
Luo v. Preston; 1273 EDA 2023; Affirmed; Associated: 1275
EDA 2023; 1276 EDA 2023.
Com. v. White; 1382904 EDA 2023; Affirmed.
In Re: A.W.H., Appeal of: E.H.; 2011 EDA 2023; Affirmed.
Com. v. Cooper; 2084 EDA 2023; Affirmed.
In the Int. of: F.I.L.A.T., Appeal of: W.T.; 2930 EDA
2023; Appeal from goal change order dismissed as moot.; Associated: 2961 EDA
2023.; Comments: Appeal from goal change order dismissed as moot.
1700 Market St. v. Common Grounds 1700 Market St; 1314
EDA 2023; Affirmed.
March 28, 2024
Com. v. Jones; 1519 EDA 2022; Affirmed; Comments:
Jurisdiction Relinquished.
Com. v. Morales-Justiniano,; 2519 EDA 2023; Affirmed;
Comments: Jurisdiction Relinquished; Associated: 2520 EDA 2022; Comments:
Jurisdiction Relinquished.
Com. v. Morales-Justiniano,; 2525 EDA 2023; Affirmed;
Comments: Jurisdiction Relinquished.
Verizon PA v. Concrete Cutting Systems, Inc.; 3148 EDA
2023; Affirmed; Comments: Jurisdiction Relinquished.
Com. v. Watkins-Lauber; 143904 EDA 2023; Affirmed.
In the Int. of: T.T.M.-C., Appeal of: C.M.; 1213 EDA
2023; Affirmed; Associated: 1216 EDA 2023; 1215 EDA 2023; 1214 EDA 2023.
In Re: J.M.M., Appeal of: C.L.B.; 2116 EDA 2023;
Affirmed.
Schwartz v. Kelly Services; 755 EDA 2023;
Affirmed/Reversed/Remanded; Comments: Jurisdiction Relinquished.
March 27, 2024
Com. v. Jones; 1442 EDA 2022; Affirmed.
Com. v. Barnes; 686 EDA 2023; Affirmed.
Com. v. Wells; 1174 EDA 2023; Quashed.
Com. v. Pit; 466 EDA 2023; Affirmed.
Com. v. Diaz; 1919 EDA 2023; Affirmed; Associated: 1921
EDA 2022.
Com. v. Lawrence; 2486 EDA 2023; Affirmed; Comments:
Jurisdiction Relinquished.
March 26, 2024
Com. v. Lewis; 1792 EDA 2021; Affirmed.
Com. v. Sanders; 904 EDA 2023; Reversed/Remanded;
Comments: Jurisdiction relinquished.
Com. v. Dougan; 2025 EDA 2021; Affirmed; Comments:
Jurisdiction relinquished.
Stevenson v. The Joseph Ventresca Group; 2547 EDA 2023;
Vacated/Remanded; Comments: Jurisdiction relinquished.
Com. v. Mincey; 2843 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Com. v. Tran; 3001 EDA 2022; Affirmed.
Com. v. Tran; 3168 EDA 2022; Affirmed.
Com. v. Wilson; 160 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Com. v. Rogers; 518 EDA 2023; Affirmed; Comments:.
Jurisdiction relinquished.
Com. v. Scott; 602 EDA 2023; Affirmed; Comments:
Jurisdiction relinquished.
Com. v. Canty; 702 EDA 2023; Affirmed.
Com. v. Mahoney; 847 EDA 2023; Affirmed.
Com. v. Giwerowski; 904 EDA 2023; Affirmed.
Com. v. Petroziello; 995 EDA 2023; Affirmed/Vacated;
Comments: Jurisdiction relinquished.
Consolidated Eagle v. BL GP, LLC; 1002 EDA 2023;
Affirmed; Associated: 1122 EDA 2023.
Com. v. Allam; 1112 EDA 2023; Quashed.
Com. v. McFadden; 1309 EDA 2023; Affirmed.
Com. v. Baker; 1496 EDA 2023; Remanded; Comments:
Jurisdiction relinquished.
Com. v. Easley; 1887 EDA 2023; Affirmed.
Com. v. Alonzo; 1908 EDA 2023; Affirmed; Comments:
Application for Relief denied.
March 25, 2024
Com. v. Jeffries; 1616 EDA 2023; Vacated/Remanded;
Comments: Judgment of Sentence Vacated. Case Remanded for further proceedings.
Jurisdiction is relinquishe; Associated: 1618 EDA 2022; Comments: Judgment of
Sentence Vacated. Case Remanded for further proceedings. Jurisdiction is
relinquishe.
Com. v. Exume; 2477 EDA 2022; Affirmed.
In Re: The Est. of C.L.S., Appeal of: J.S.; 3171 EDA
2022; Affirmed.
Com. v. Johnson; 88 EDA 2023; Affirmed; Associated: 89
EDA 2023; 90 EDA 2023; 91 EDA 2023.
Com. v. Maldonado; 405 EDA 2023; Affirmed.
In Re: Tisdale, D., Appeal of: Tisdale, D.; 446 EDA 2023;
Affirmed; Comments: Panel Jurisdiction Retained.
Wayne County Children & Youth v. Glushko; 491 EDA
2023; Affirmed.
Pencoyd Iron Works v. Jones; 616 EDA 2023;
Reversed/Remanded; Comments: Orders Reversed. Case Remanded. Jurisdiction
Relinquished.
Kovalev v. Abode; 693 EDA 2023; Quashed; Comments:
Jurisdiction Relinquished.
Trust of John S. Middleton, Appeal of: Riley, P.; 1843
EDA 2022; Vacated/Remanded; Comments: Order Vacated. Case Remanded for
proceedings consistent with this memorandum. Jurisdiction Relinquished.
In Re: Trust of J.S.M., Appeal of: J.S.M.; 2006 EDA 2022;
Quashed.
Com. v. McIntyre; 354 EDA 2023; Affirmed.
Richmond Waterfront Ind. Park v. Phila. Belt Line; 1172
EDA 2023; Affirmed.
March 27, 2024
Com. v. Robinson; 3207 EDA 2022; Affirmed.
Mack v. Avertest, LLC; 372 EDA 2023; Affirmed.
Com. v. Holmes; 497 EDA 2023; Jurisdiction Retained;
Comments: Here, counsel provides no explanation, merely noting he �believes� the
claims are meritless and �there is nothing to substantiate� the claims. See
Anders Brief, at 6. Counsel has not detailed the nature and extend of his
review of the case or �explain[ed] why and how [the issues Holmes] wants to
have reviewed [] lack merit[.]� Commonwealth v. Walters, 135 A.3d 589, 591 (Pa.
Super. 2016) (citation omitted). This falls short of what is required by PCRA
counsel. After careful consideration, we decline to overlook counsel�s omission
in light of established case law on the proper collateral withdrawal procedure
and the precept the PCRA counsel seeking to withdraw �must review the case
zealously.� Id. (citation omitted). See also Commonwealth v. Karanicolas, 836
A.2d 940, 945-47 (Pa. Super. 2003); Commonwealth v. Glover, 738 A.2d 460,
464-65 (Pa. Super. 1999). We, therefore, direct counsel to file a no-merit
letter, within twenty (20) days, in compliance with the substantive
requirements of Turner/Finley. The Commonwealth�s responsive brief is due
within fourteen (14) days of the filing of counsel�s Turner/Finley no-merit
letter. Par jurisdiction retained.
Vaughan v. Williams;. 725 EDA 2023; Affirmed.
Com. v. Sanders; 904 EDA 2023; Affirmed.
Huang v. Yohannon; 903 EDA 2023; Affirmed.
Com. v. Singh; 1498 EDA 2023; Affirmed.