Superior Court
OPINIONS FILED & JUDGMENT ORDERS
PER CURIAM
August 08, 2024
Com. v. Massey; 804 EDA 2023; Affirmed; Associated: 805
EDA 2023; 806 EDA 2023; 807 EDA 2023; 808 EDA 2023; 809 EDA 2023; 810 EDA 2023;
811 EDA 2023.
Com. v. Knox; 1775 EDA 2023; Affirmed.
Com. v. Bartholomew; 2501 EDA 2023; Jurisdiction
Retained; Comments: We therefore conclude that counsel failed to comply with
the procedural requirements, and direct Attorney Weidenbaum
to send Appellant a letter detailing Appellant�s right to obtain private
counsel or raise additional arguments with this Court, the Anders brief, and an
application to withdraw which complies with Millisock.
Counsel shall comply with this mandate within thirty days of the filing date of
this memorandum and shall file the application to withdraw and accompanying
letter with this court. Appellant may respond within forty-five days of
receiving these materials. Application of Bradley W. Weidenbaum,
Esquire, to withdraw as counsel denied. Panel jurisdiction retained.
Com. v. Green; 3184 EDA 2023; Affirmed.
Com. v. Cruz; 2084 EDA 2020; Affirmed.
August 07, 2024
Com. v. Gibson; 1066 EDA 2023; Affirmed.
Com. v. Cruz; 2651 EDA 2023; Affirmed.
In the Int. of: D.T.J.F., Appeal of: D.H.; 71 EDA 2024;
Affirmed - Application to Withdraw as Counsel Granted; Associated: 73 EDA 2024;
74 EDA 2024; 72 EDA 2024.
Sunoco (R&M) v. PA Nat�l Mutual Ins; 1403 EDA 2023;
Affirmed/Reversed/Remanded; Comments: Affirmed in part, Reversed
in part. Case Remanded. Jurisdiction Relinquished.
Sunoco (R&M) v. PA Nat�l Mutual Ins; 1404 EDA 2023;
Affirmed/Reversed/Remanded; Comments: Affirmed in part, Reversed
in part. Case Remanded. Jurisdiction Relinquished.
Sunoco (R&M) v. PA Nat�l Mutual Ins; 1532 EDA 2023;
Affirmed/Reversed/Remanded; Comments: Affirmed in part, Reversed
in part. Case Remanded. Jurisdiction Relinquished.
Smith v. O�Brien; 837 EDA 2022; Reversed/Remanded;
Comments: Jurisdiction Relinquished.; Associated: 838
EDA 2022; Comments: Jurisdiction Relinquished.
August 06, 2024
Caldwell v. Jaurigue; 140 EDA
2022; Affirmed.
Com. v. Williams; 2039 EDA 2023; Affirmed.
Com. v. Sweet; 2080 EDA 2023; Affirmed.
Com. v. Johnson; 2137 EDA 2023; Affirmed.
Burns Electrical Services v. Patel; 2687 EDA 2023;
Reversed/Remanded; Comments: Jurisdiction relinquished.
In the Int. of: J.L., Appeal of: L.L. 2831 EDA 2023; Affirmed.; Comments: Jurisdiction relinquished.; Associated:
2833 EDA 2023; Comments: Jurisdiction relinquished; 2834 EDA 2023; Comments:
Jurisdiction relinquished.
In the Int. of: J.P., Appeal of: J-P.; 3017 EDA 2023;
Affirmed; Associated: 3018 EDA 2023; 3019 EDA 2023; 3020 EDA 2023.
In the Int. of: S.H., Appeal of: T.H.; 29 EDA 2024;
Affirmed; Associated: 30 EDA 2024.
Knoblich, P. v. Erie Insurance
Exchange; 2282 EDA 2023; Affirmed.
In the Int. of: S.R., Appeal of: J.P.; 3002 EDA 2023;
Affirmed.
August 02, 2024
Harkins v. Three Monkeys Croyden
637 EDA 2023; Affirmed; Comments: Jurisdiction relinquished.
Com. v. Harrington; 1239 EDA 2023; Affirmed.
Com. v. Corliss; 19 EDA 2024; Affirmed.
ORDERS & DECREES
PER CURIAM
Com. v. Jones; 2678 EDA 2023; This Court�s Order of July
1, 2024, and in light of the trial court�s response providing that Scott
Jeffrey Werner, Jr., Esquire, continues to represent Appellant, the following
is hereby Ordered. The Prothonotary of this Court is
directed to send a new criminal docketing statement to Attorney Werner. The
criminal docketing statement shall be filed on or before August 19, 2024.
Andrews v. Granite State Insurance Company; 1614 EDA
2024; Appeal and docketing statement filed by Appellant, plaintiff below,
Orlando Andrews, Appellant seeks to appeal from the June 6, 2024, order
confirming the December 7, 2023, arbitration award. Docket entries, however, do
not reflect that final judgment has been entered upon the trial court�s order
confirming the arbitration award.
Com. v. Borden, A.; 1243 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 August 15, 2024. Failure to file the docketing statement by that date
will lead to an order dismissing the appeal.
Herker, G. v. Sinclair, D.;
1283 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 August 15, 2024. Failure to
file the docketing statement by that date will lead to an order dismissing the
appeal.
Com. v. Holloman, D.; 1589 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 August 15, 2024. Failure to file the docketing statement by that date
will lead to an order dismissing the appeal.
Singer Financial Corporation v. Deeck;
1696 EDA 2024; The notice of appeal and docketing statement filed by Appellants
Ethel Deeck and Gregory Deeck,
the appeal is taken from the May 23, 2024 order (the �Order�) that disposed of
several motions, including but not limited to, Appellee�s motion to hold
Appellants in contempt of the orders dated March 10, 2021 and July 7, 2022. The
Order directed that, among other things, the subject properties were to be
immediately listed for sale and that such sale was to occur within 90 days.
Importantly, the Order further directed that the petitions for contempt are stayed,
and that Appellee�s crossclaim is dismissed due to a
pending federal suit involving the crossclaim
Com. v. Davis; 452 EDA 2024; Motion And Declaration In
Support Of Motion To Proceed In Forma Pauperis,� and
July 26, 2024 motion, the motions are Dismissed as moot, in light of the fact
that Appellant is already proceeding in forma pauperis
in this appeal. The Prothonotary of this Court is Directed to provide copies of the January 17, 2023 and March
14, 2023 notes of testimony located in the certified record to Appellant.
Com. v. Little; 1439 EDA 2024; The
application of Appellant, Davire Little, 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 October 4, 2024.
Com. v. McKie; 3231 EDA 2023;
Appellant�s July 16, 2024 �Motion To Correct Omissions
In The Record Pursuant To PA.R.A.P. 1926,� filed by the Defender Association of
Philadelphia, the revocation court is Directed to certify and transmit a
supplemental record to the Prothonotary of this Court
containing the revocation hearing transcripts referenced in the motion as well
as a Sealed supplemental record, containing the presentence investigation
report, within twenty-one (21) days of the date that this Order is filed.
Com. v. Thompson; 2316 EDA 2023; The
application of Appellant, Neil Tyrone Thompson, for extension of time to file
Brief the application is hereby granted. Appellant�s Brief shall be filed on or
before September 4, 2024.
Com. v. Edmonds; 1324 EDA 2024; The application of
Appellant, Zaccur W. Edmonds, 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 October 4, 2024
Melendez v. GYI P. MO, M.D.; 196 EDA 2024; Application For Enlargement Of Time To File Brief, docketed as
�Application for Extension of Time - Second Request,� filed by
Appellee/Cross-Appellant, Diana Melendez, the application is Granted.
Appellee/Cross-Appellant�s brief and reproduced record shall be due on or
before August 28, 2024.
Com. v. Reed; 12 EDA 2024; The trial court dockets,
notices of appeal, amended notices of appeal, and the criminal docketing
statements filed at 12 EDA 2024, 1709 EDA 2024 and 1710 EDA 2024, the appeals
are hereby Consolidated.
Shor, Levin & Derita, P.C.
v. Villari; 1292 EDA 2024; The notice of appeal and
docketing statement filed by Appellant the Law Firm of Shor, Levin & DeRita, P.C, the appeal is taken from the April 19, 2024
order (the �Order�) ruling on Appellant�s �motion seeking emergency relief� and
directing Appellant to �pay $ 145,000.00 to counsel, Wisler
Pearlstine, as a partial payment on the Judgment to be entered, which sum shall
be distributed in accordance with this Order. Failure to comply will result in
the issuance of a bench warrant for the incarceration of Lawrence Levin until
such time as the contempt is purged.�
Com. v. Brown; 1753 EDA 2024; Application to Withdraw as
Counsel,� filed by Marisa Anne Piccarreto, Esq., the
application is Denied without prejudice to Appellant�s counsel�s right to apply
directly to the trial court for the requested relief.
Rosenberg v. United Financial Casualty Company; 2717 EDA
2023; Appellant�s Unopposed Application For Extension Of Time To File Reply
Brief,� docketed as, �Application for Extension of Time to File Reply Brief,�
filed by Appellant, Nancy Rosenberg, and Appellant noting that the application
is unopposed, the Application is Granted. Appellant�s Reply Brief shall be due
on or before August 23, 2024.
Com. v. Wood; 559 EDA 2024; Appellant counsel�s May 8,
2024 response to the May 3, 2024 Order to show cause, the above-captioned
appeal at 559 EDA 2024 is hereby dismissed as duplicative of the appeal
docketed at 558 EDA 2024. Appellant may raise all properly preserved issues in
the appeal docketed at 558 EDA 2024. The Prothonotary
of this Court is directed to docket the February 16, 2024 �Amended Notice Of Appeal,� at 558 EDA 2024.
Com. v. Miles; 1522 EDA 2024; According to the trial
court docket, on May 20, 2024, Appellant filed a pro se notice of appeal which
failed to state the date of the order being appealed. On June 24, 2024, this
Court entered an Order to show cause why the 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. Tucker; 1654 EDA 2024; Appellant�s pro se July
18, 2024 �Petition_For Trial/Pre-trial Record,� the
petition 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. Hartsfield, D.; 1628 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 August 15, 2024. Failure to file the docketing statement by that date will
lead to an order dismissing the appeal.
Law Offices Of Bruce J. Chasan,
LLC v. J. Conor Corcoran, Esq.,; 1148 EDA 2024;
Motion to Quash Appeal Pursuant to Pa.R.A.P. 1972,�
docketed as �Application to Quash,� filed by Appellees J. Conor
Corcoran, Esq., and Law Office of J. Conor Corcoran,
P.C., and the answer thereto, the Application to Quash is DENIED without
prejudice to the moving party�s right to again raise this issue, if properly
preserved, in the brief or, if the brief has already been filed, then in a new
application that may be filed after the appeal has been assigned to the panel
of this Court that will decide the merits of the appeal.
Relteva, LLC v. O�Hara; 311 EDA
2024; Motion to Quash Appeal for Lack of Jurisdiction,� docketed as �Application
to Quash Appeal,� filed by Appellee Relteva, LLC, and
the April 17, 2024, Answer, the Application is Granted and the appeal is
Quashed.
Com. v. Fuller; 3167 EDA 2023; Appellant�s pro se motion
for reasonable accommodation and for a remand, filed on July 1, 2024, the
Appellant�s Brief shall be due sixty (60) days from the date that this Order is
filed.
Com. v. Hartsfield, D.; 1627 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 August 15, 2024. Failure to file the docketing statement by that date
will lead to an order dismissing the appeal.
Com. v. Miller; 2798 EDA 2023; Appellant�s application
for a third extension of time to file briefs is Granted. Appellant�s brief and
reproduced record filed on July 22, 2024, are considered timely filed. The Prothonotary of this Court is directed to send Appellant a
reply letter.
Com. v. Wood; 558 EDA 2024; Appellant�s March 11, 2024
�Appellant�s Motion To Consolidate,� filed by Samuel C. Stretton, Esquire, and
in light of the fact that the appeal at 559 EDA 2024 has been dismissed as
duplicative of the instant appeal, the Motion is Denied. Upon consideration of
Appellant�s May 30, 2024 �Motion To Remand The Case To
The Trial Court,� the Motion is Denied.
Com. v. Brown; 2471 EDA 2023; Appellant�s application for
a second extension of time to file briefs is Granted. Appellant�s brief is due
by August 23, 2024. No further extensions will be granted absent extenuating
circumstances.
Com. v. Garnes; 2125 EDA 2022;
The Supreme Court�s order vacating our prior decision and remanding the matter
to this Court, as well as the Commonwealth�s petition for leave to file further
briefing, we Grant the Commonwealth�s petition insofar as the Commonwealth
requests leave for further briefing, but Strike the copy of Commonwealth�s
proposed supplemental brief attached to the petition.
Logan v. Philadelphia Housing Authority; 1848 EDA 2024;
Application to Transfer to Commonwealth Court� filed by Appellee, Philadelphia
Housing Authority, the application is Granted. Accordingly, the appeal is Transferred to the Commonwealth Court. All filings in this
Court at the above-captioned appeal shall be transferred to the Commonwealth
Court.
Wachovia Bank N.A. v. Pasqualine
Diisidore; 769 EDA 2024; Appeal and docketing
statement filed by pro se Appellant, Mark Frog Harris, intervenor
below, Appellant purports to appeal from the March 5, 2024 order denying his motion
to complete sheriff�s sale. Generally, appeals may be taken only from final
orders unless otherwise permitted by rule or statute.
Com. v. Wood; 558 EDA 2024; Appellant�s March 11, 2024
�Appellant�s Motion To Consolidate,� filed by Samuel C. Stretton, Esquire, and
in light of the fact that the appeal at 559 EDA 2024 has been dismissed as
duplicative of the instant appeal, the Motion is Denied. Upon consideration of
Appellant�s May 30, 2024 �Motion To Remand The Case To
The Trial Court,� the Motion is Denied.
Com. v. Miles; 1524 EDA 2024; According to the trial
court docket, on May 20, 2024, Appellant filed a pro se notice of appeal which
failed to state the date of the order being appealed. On June 24, 2024, this
Court entered an Order to show cause why the 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. Wilson; 484 EDA 2024; Appellant�s pro se July 18,
2024 �Application For Removal Of Counsel,� the trial court is hereby directed
to conduct an on-the-record determination as to whether Appellant�s waiver of
counsel for purposes of this appeal is knowing, intelligent, and voluntary,
pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa.
1998), and to notify the Prothonotary of this Court
of its determination in writing within sixty (60) days of the date of this
order. The briefing schedule is hereby Vacated pending further Order of this
Court.
Com. v. Kearney; 1068 EDA 2024; Appellant�s pro se July
5, 2024 application for relief and in light of this Court�s Order of July 19,
2024, filed at 1309 EDA 2024, the application is Denied.
Com. v. Miles; 1523 EDA 2024; According to the trial
court docket, on May 20, 2024, Appellant filed a pro se notice of appeal which
failed to state the date of the order being appealed. On June 24, 2024, this
Court entered an Order to show cause why the 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.
Orbit Stones, Inc. v. 3KD Marble And Granite, Inc.; 2199
EDA 2023; Application to Submit on Briefs� filed by Appellee, and the response
in opposition filed thereto, the application is Granted. The Prothonotary of this Court is Directed
to list the appeal as accepted as a submitted case for consideration by this
Court upon the briefs and without oral argument.
Linde v. Linde; 1717 EDA 2024; Motion to Quash
Appellant�s Appeal,� docketed as �Application to Quash,� filed by Appellant
Barbara J. Linde, Individually and as Partners of C.W.E.R.S.F., and Golf Hill
Farms, and the Answer thereto, the Application is Denied without prejudice to
the moving party�s right to again raise this issue, if properly preserved, in
the brief or, if the brief has already been filed, then in a new application
that may be filed after the appeal has been assigned to the panel of this Court
that will decide the merits of the appeal.
Com. v. Smith; 2774 EDA 2023; Appellant�s nunc pro tunc application for an
extension of time to file briefs is Granted. Appellant�s brief is due by
September 5, 2024. No further extensions will be granted.
Mirabella v. ST. Joseph�s University; 1107 EDA 2024; This
Court having considered, The June 26, 2024, �Application for Relief Seeking to
Quash, Dismiss, and Preclude the Appeal of Appellant, John C. Mirabella, as
Untimely and Otherwise Waived,� docketed as �Application for Relief,� filed by
Appellee St. Joseph�s University, and the answer thereto; The June 26, 2024,
Application to Amend filed by Appellee Michelle Wheatley is Granted.
Relteva, LLC v. The Greater Bustleton Civic League; 310 EDA 2024; Motion to Quash
Appeal for Lack of Jurisdiction,� docketed as �Application to Quash Appeal,�
filed by Appellee Relteva, LLC, and the April 17,
2024, Answer, the Application is Granted and the appeal is Quashed. Appellee�s
request for reasonable counsel fees and damages pursuant R.A.P. 2744 is Denied.
Scott And Aurora Dizel v.
Holland; 1237 EDA 2024; Application to Quash Appeal,� filed by Appellees Scott
and Aurora Dizel, the Application is Denied without
prejudice to the moving party�s right to again raise this issue, if properly
preserved, in the brief or, if the brief has already been filed, then in a new
application that may be filed after the appeal has been assigned to the panel
of this Court that will decide the merits of the appeal.
Bratina, M. v. Bunting, W.;
1621 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 August 15, 2024. Failure to
file the docketing statement by that date will lead to an order dismissing the
appeal.
Com. v. Green; 1795 EDA 2023; Applications of Appellee,
Commonwealth of Pennsylvania, for extension of time to file Brief, and pro se
Appellant�s July 17, 2024 �Appellant�s Objection,� the applications for
extension are hereby Granted. No further extensions will be granted. Appellee�s
Brief shall be filed within twenty-one (21) days of the date of this Order.
Com. v. Asante; 700 EDA 2024; In light of the fact that
an Order to show cause was issued on June 25, 2024, and Appellant has failed to
file a response, the above-captioned appeal is hereby quashed as having been
taken from a purported order which is not entered upon the appropriate docket
of the trial court.
Situs Properties, Inc. v. Foxhunt Realty Co., LP.; 1268
EDA 2024; The application of Appellant, Foxhunt Realty Co., LP., for extension
of time to file Brief the application is hereby granted. Appellant�s Brief
shall be filed on or before September 4, 2024.
Com. v. Ferrante; 2892 EDA 2023; The
application of Appellant, Christopher Ferrante, 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
October 4, 2024.
Com. v. Waring; 3164 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 October 1, 2024.
In the Interest of: C.F., a Minor Appeal of: C.F., Minor;
354 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
September 30, 2024.
Clemmons v. Lehr; 1426 EDA 2024; This Court�s original
Order entered August 2, 2024, is hereby Amended as follows: Upon consideration
of the application for consolidation, the notice of appeal filed by Patrick and
Melissa Clemmons, plaintiffs below, at 1426 EDA 2024, and the notice of
cross-appeal filed by Randy Lehr and Ecore
International, Inc., defendants below, at 1475 EDA 2024, as well as the
docketing statements filed by the parties, the following is hereby Ordered.
Com. v. Lopez-Vanegas; 941 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 August 15, 2024.
Wilmington Savings Fund Society, FSB, As Trustee Of Quercus Mortgage Investment
Trust v. Salmon; 1049 EDA 2024; Application for Reconsideration� and the August
1, 2024 �Application for Reconsideration� filed by pro se Appellant, the
applications are Denied.
Terra Technical Services, LLC, v. KCH LLC; 1477 EDA 2024;
Motion for Extension of Time to File Appellant�s Response to Appellee�s
Application to Quash Appeal Pursuant to Pa.R.A.P.
2112 and 2184,� filed by Appellants and docketed as �Application for Extension
of Time to File Non-Brief,� the application is Granted.
Appellants� response to Appellees� July 23, 2024, Application to Quash Appeal
is due on or before August 26, 2024.
Com. v. Haynes; 82 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 September 30, 2024.
Clemmons v. Lehr; 1426 EDA 2024; The notice of appeal
filed by Patrick Clemmons & Melissa Clemmons (H/W), plaintiffs below, at
1426 EDA 2024 and the notice of cross-appeal filed by Randy Lehr & Ecore International, Inc., defendants below, at 1475 EDA
2024, as well as the docketing statements filed by the parties, the following
is hereby Ordered.
Clemm And
Associates, LLC v. USI Insurance Services LLC; 37 EDM 2024; Petition for
permission to appeal, and noting no responses filed, the petition is Denied.
Com. v. Lewis; 2947 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 October 7, 2024.
County Of Chester v. Advaite,
Inc.; 46 EDM 2024; Petition for permission to appeal, and the answer thereto,
the following is Ordered. Petitioners seek permission to appeal the May 6, 2024
deemed denial of their request for certification of finality pursuant to Pa.R.A.P. 341(c) of the April 1, 2024 order (�Order�)
modifying an earlier order denying the parties� cross-motions for summary
judgment. The underlying breach of contract action proceeded through the
pleadings stage and discovery.
Com. v. Ross; 221 EDA 2024; Appellant�s request to sanction
the Commonwealth for failing to file a brief of appellee, it is hereby ordered
that the application is Denied. However, as Appellant has indicated that he did
not receive a copy of the Commonwealth�s brief, which was timely filed on July
12, 2024, we direct the Prothonotary to provide it to
Appellant herewith. Further, Appellant shall have fourteen days from the date
of this Order to file a reply brief in accordance with Pa.R.A.P.
2136 and 2185.
Com. v. White; 820 EDA 2024; The Commonwealth�s application
to quash, to which Appellant did not file a response, the application is hereby
Granted, and the above-captioned appeal is Quashed.
Based on the trial court�s January 18, 2024 order and Appellant�s docketing
statement, Appellant purports to appeal from the trial court�s denial of
Appellant�s �Motion for Frank�s hearing.� See Franks v. Delaware, 438 U.S. 154
(1978) (permitting defendants to request hearing to challenge statements in
probable cause affidavit as false). This order does not constitute a final
order under Pa.R.A.P. 341, and therefore the appeal
must be quashed.
Com. v. White; 818 EDA 2024; The Commonwealth�s
application to quash, to which Appellant did not file a response, the
application is hereby Granted, and the above-captioned
appeal is Quashed. Based on the trial court�s January
18, 2024 order and Appellant�s docketing statement, Appellant purports to
appeal from the trial court�s denial of Appellant�s opportunity to challenge an
affidavit. This order does not constitute a final order under Pa.R.A.P. 341, and therefore the appeal must be quashed.
Com. v. Carreon; 1302 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 October 11, 2024.
Com. v. White; 822 EDA 2024; The Commonwealth�s
application to quash, to which Appellant did not file a response, the
application is hereby Granted, and the above-captioned
appeal is Quashed. Based on the trial court�s January
18, 2024 order and Appellant�s docketing statement, Appellant purports to
appeal from a denial of his request for Pa.R.Crim.P.
600 relief. This order does not constitute a final order under Pa.R.A.P. 341, and therefore the appeal must be quashed.
Com. v. Brown; 2378 EDA 2023; Appellant�s pro se
application for reconsideration, received August 1, 2024, and postmarked July
30, 2024, of this Court�s December 21, 2023 dismissal Order is Denied as
untimely. This Court no longer has jurisdiction.
Com. v. Christie; 588 EDA 2024; Appellant has failed to
respond to this Court�s show cause Order issued on April 24, 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 the instant appeal should
not be quashed as untimely filed on February 23, 2024, from the judgment of
sentence imposed on January 23, 2024.
Com. v. Pearn; 1499 EDA 2024;
The trial court�s order dated June 18, 2024, which directs Appellant to undergo
a competency evaluation, Counsel for Appellant is hereby Directed to show
cause, in a filing of record within ten (10) days of the date of this Order, as
to why this Court should not stay the above-captioned appeal until the
evaluation is completed. Failure to respond within ten days shall result in
this Court�s entering an Order staying the appeal.
Com. v. Boyd; 489 EDA 2024; Appellant�s July 31, 2024
application to reconsider this Court�s June 11, 2024 dismissal Order, the
application is hereby Denied. This Court no longer has jurisdiction.
Com. v. Petterson; 1946 EDA
2023; In accordance with this Court�s Order of February 23, 2024, 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.
Com. v. Tillman; 1092 EDA 2024; In accordance with this
Court�s Order of April 24, 2024, the issues raised by this Court�s Order will
be referred to the panel assigned to decide the merits of this appeal and the
issues will be considered by that panel.
G.B. v. M.C.C.; 862 EDA 2024; Appellant having failed to
file a Brief, the appeal is Dismissed.
Com. v. Nikonowicz; 2708 EDA
2023; The Prothonotary of this Court is directed to
reestablish the briefing schedule.
Com. v. Luberto; 1238 EDA 2024;
The application of Appellant, Anthony Luberto, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
September 11, 2024.
Syed v. Collins; 1695 EDA 2024; The
briefing schedule is Suspended until further Order of this Court.
Com. v. Taylor; 852 EDA 2024; Appellant having failed to
file a Brief, the appeal is Dismissed.
LVNV Funding, LLC v. Biggins; 1482 EDA 2024;
Consideration of trial court�s order entered April 17, 2024, and as noted in
the trial court�s Pa.R.A.P. 1925(a) opinion, the
trial court directed pro se Appellant Thomas Biggins to file a Concise
Statement of Errors Complained of on Appeal pursuant to Pa.R.A.P.
1925(b) and Appellant failed to comply.
Ransom v. ICTV Brands, Inc.; 891 EDA 2023; The application of Appellant/Cross-Appellee for a second
extension of time to file his second brief is Granted. The second Brief of
Appellant/Cross-Appellee is due by September 6, 2024. No further extensions
shall be granted absent extenuating circumstances.
Com. v. Angelillo; 868 EDA
2024; Appellant�s August 5, 2024 application, docketed in this Court as an
application to reinstate appeal, is Granted. This Court�s July 23, 2024
dismissal Order is Vacated, and the above-captioned appeal is Reinstated.
Com. v. Tillman; 1094 EDA 2024; In accordance with this
Court�s Order of April 24, 2024, the issues raised by this Court�s Order will
be referred to the panel assigned to decide the merits of this appeal and the
issues will be considered by that panel.
Com. v. Smith; 1680 EDA 2022; Appellant�s July 25, 2024
�Petition To Remove Counsel From Case,� the petition is Dismissed as Moot, in
light of Appellant already proceeding pro se in this appeal.
Com. v. Cruz; 825 EDA 2024; Appellant having failed to
file a Brief, the appeal is Dismissed.
Johnson v. LVNV Funding, LLC; 1215 EDA 2024; Appellant�s
July 29, 2024 application for reconsideration of this Court�s dismissal Order
is Granted. This Court�s July 22, 2024 dismissal Order
is Vacated, and the above-captioned appeal is Reinstated.
Appellant shall file a completed docketing statement within fourteen (14) days
of the date of this Order. Failure to file a docketing statement within
fourteen days shall result in re-dismissal of the appeal, without warning.
Com. v. Kennedy; 169 EDA 2022; The �Application to
Appoint Appellant Specific Counsel� is Denied.
Com. v. Sexton; 709 EDA 2024; Counsel having failed to
file a brief on behalf of Appellant, despite being so ordered, this appeal is
Remanded for 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 notify this Court, in writing, within the
30-day period, of all findings and actions taken thereon. Jurisdiction is
retained.
Com. v. Blackston; 24 EDA 2023;
Appellant�s application for an extension of time to file reply brief is
Granted. Appellant�s reply brief filed August 5, 2024, is considered timely
filed.
Com. v. Joyner; 644 EDA 2024; The
application of Appellant, Commonwealth of Pennsylvania, for extension of time
to file Brief, the application is hereby Granted. Appellant�s Brief and
Reproduced Record filed on July 16, 2024, are considered timely filed.
Northwest Bank v. Wisser; 1330
EDA 2023; That the application filed June 11, 2024, requesting reargument of the decision dated May 29, 2024, is Denied.
Painton, R. v. Painton, F; 1519 EDA 2024; Appeal is dismissed for the
failure of the appellant to comply with Pa.R.A.P.
3517.
Com. v. Williams; 1916 EDA 2023; counsel having failed to
file a brief on behalf of Appellant, despite being so ordered, this appeal is
Remanded for 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.
Com. v. Albergotti-Velilla; 219
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. Appellant�s Brief shall be
filed on or before August 28, 2024.
Com. v. Daviston; 2677 EDA
2024; appellant having failed to file a Brief, the appeal is Dismissed.
Alvarez v. City Of Philadelphia; 1057 EDA 2024; The
Notice Of Appeal And Docketing Statement Filed By Pro Se Appellant, King A.
Alvarez, Appellant Purports To Appeal From The March 21, 2024 Order Denying Him
A Court-Appointed Attorney.
Com. v. Woodson, K.; 1441 EDA 2024; Appeal is dismissed
for the failure of the appellant to comply with Pa.R.A.P.
3517. Counsel shall file a certification with this court within 10 days of the
date of this order, stating that the client has been notified of the entry of
this order. If counsel is court appointed, the trial court is directed to
withhold counsel fees pertaining to this appeal.
Com. v. Britton, P. ;1436 EDA
2024; Appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517. Counsel shall file a certification with
this court within 10 days of the date of this order, stating that the client
has been notified of the entry of this order.
Johnson, N. v. Verizon; 1390 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P.
3517.
Secretary of Housing v. Thompson, M; 1447 EDA 2024;
Appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Chestnut, T. v. ACP#467 Trustee; 1442 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P.
3517.
1628 Pine Street Assoc., v. Williams, R.; 1480 EDA 2024;
Appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Gouveia, V. v. Reynold, G.;
1430 EDA 2024; Appeal is dismissed for the failure of the appellant to comply
with Pa.R.A.P, 3517.
Com. v. Phillips; 2850 EDA 2023; Appellant having failed
to file Brief, the appeal is Dismissed.
Com. v. Johnson; 976 EDA 2024; The
within appeal is Dismissed for failure to file a brief.
Com. v. Whitehead; 15 EDA 2024; The
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief the application is hereby granted. Appellee�s Brief shall be filed
on or before September 30, 2024.
Com. v. Short; 848 EDA 2024; The PCRA petition was
dismissed. On February 15, 2024, an �Amended Order� was entered dismissing the
PCRA petition. On March 14, 2024, counsel filed a notice of appeal from the
February 15, 2024 �Amended Order� dismissing the PCRA petition. In light of the
fact that the PCRA petition was dismissed on January 18, 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 untimely filed on March 15, 2024, from the January 18, 2024 order
dismissing the PCRA petition.
Com. v. White; 818 EDA 2024; The
application of Appellant, David L. White, 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
September 23, 2024.
John Cardullo & Sons, Inc.
v. Thomas Cavella and Allstate Fuel Oil, LLC; 3138
EDA 2023; The application of Appellee, John Cardullo
& Sons, Inc., for extension of time to file Brief the application is hereby
granted. No further extensions shall be granted absent extenuating
circumstances. Appellee�s Brief shall be filed on or before September 6, 2024.
Com. v. Velez; 815 EDA 2024; The
application of Appellant, Janae Marie Velez, 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
October 4, 2024.
Com. v. Trammell; 1424 EDA 2024; Appellant filed a pro se
notice of appeal, purportedly from an April 29, 2024 order of the court of
common pleas denying his motion to suppress evidence. Within the notice of
appeal, pro se Appellant avers that he was represented by a public defender.
Com. v. Kilson; 224 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 October 7, 2024.
Hagans v. Hospital of the University of Pennsylvania; 536
EDA 2024; The application of Appellee, Dajah Hagans,
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 August 27, 2024.
Saint Vladimir Ukrainian Orthodox Church of Philadelphia
v. Saunders; 774 EDA 2024; The application of
Appellant, Stanley J. Saunders, 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
August 30, 2024.
Bogdan v. Voyavation; 1604 EDA
2024; In light of the suggestion of bankruptcy filed in 1562 EDA 2024
indicating that Coach USA, Inc., one of the defendants below, initiated
bankruptcy proceedings in the United States Bankruptcy Court for the District
of Delaware at No. 24-11258-MFW, it appears that this matter should be stayed.
Accordingly, the parties are Directed To file a
suggestion of bankruptcy with this Court within ten (10) days from the date of
this Order, with a copy served on opposing counsel.
Com. v. Division; 2634 EDA 2023; Following the filing of
the Brief for Appellant by Counsel for Appellant, this Court issued a reply
letter on February 13, 2024, to which Counsel responded by selecting oral
argument. This Court�s letter was issued in error.
Com. v. Robinson; 907 EDA 2024; The
application of Appellant, Mr. Marcus Robinson, 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
October 7, 2024.
Com. v. Leto; 1239 EDA 2024; The application of Appellant, Daniel Brian Leto, 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 October 7, 2024.
Com. v. Carver; 1868 EDA 2023; That the application filed
June 11, 2024, requesting reargument of the decision
dated May 31, 2024, is Denied.
Com. v. Jahrod Keamey; 1309 EDA 2024; The application of Appellant, Jahrod T. Kearney, for extension of time to file Brief the
application is hereby granted. Appellant�s Brief shall be filed on or before
September 4, 2024.
Arreola v. Farnschlader; 1506
EDA 2024; Appellant counsel�s �Application For Extension of Time to File
Brief-First Request� asserting, in pertinent part, that �[t]he active
involvement of Appellant in other pending litigation will prevent him from
analyzing the underlying record, researching applicable issues, and preparing a
full and complete Brief for Appellant by August 7, 2024� is Denied.
Com. v. Awasom; 1191 EDA 2024;
Appellant�s application for an extension of time to file his docketing
statement is Granted.
In Re: Kenneth Cole Appeal Of: Kenneth Cole; 1052 EDA
2024; Appellant�s June 17, 2024 �Motion For Extension Of Time To File Concise
Statement Of Errors,� filed by Brian Lee McCarthy, Esq., the motion and the
certified record are hereby REMANDED to the trial court for a period of ninety
(90) days.
In The Interest Of: W.U., Jr., A Minor; 934 EDA 2024; we
hereby order Michael John Graves, Jr., Esquire, termination of parental rights
counsel for minor children, W.U., Jr., V.U., and B.U., attend oral argument on
the above-captioned appeal.
Deasey v. Holy Redeemer Health
System, Inc.; 2398 EDA 2022; That the application filed June 10, 2024,
requesting reargument of the decision dated May 28,
2024, is Denied.
Mooney v. Henner; 531 EDA 2024;
This Court having received a response to the March 8, 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.
Com. v. Patrick Michael Falcey,
Jr.; 1541 EDA 2023; Appellant�s pro se July 22, 2024 �Request For Reconsideration Of The Opinion In The Above Captioned
Matter Entered On June 12, 2024,� the application is Dismissed as untimely
filed.
Com. v. Louis Mouratidis; 49
EDM 2023; Upon consideration of the Petitioner�s pro
se June 17, 2024 �Writ Of Mandamus,� the motion is Denied. The Prothonotary of this Court is directed to provide copies of
this Order and the pro se motion to the Honorable Monica N. Gibbs and the
Office of Judicial Records for reference purposes.
Com. v. Ruiz; 1102 EDA 2023; Appellant�s pro se
application for an extension of time to file an application for
reconsideration/reargument, and that the Commonwealth
has not filed a response, said application is hereby Granted as follows:
Appellant�s application for reconsideration/reargument
is due thirty days from the date of this order. No further extensions will be
considered.
Com. v. James; 2812 EDA 2023; The
application of Appellee, Douglas James, 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 October
1, 2024.
Com. v. Brown; 1752 EDA 2024; Consideration of
Appellant�s July 17, 2024 �Application to Withdraw as Counsel,� filed by Marisa
Anne Piccarreto, Esq., the application is Denied
without prejudice to Appellant�s counsel�s right to apply directly to the trial
court for the requested relief.
Tsuladze v. Rodriguez; 1599 EDA
2024; The notice of appeal and docketing statement filed by pro se Appellant Valeri Tsuladze, plaintiff below,
the appeal is taken from the February 27, 2024, order granting the motion for
summary judgment filed by Qi Chai Huang, defendant below, and dismissing all
claims against Qi Chai Huang with prejudice. On May 16, 2024, following a
non-jury trial, the trial court entered a finding in favor of Appellant.
Generally, appeals may be taken only from final orders unless otherwise
permitted by rule or statute.
Com. v. Leroy Wilson; 1811 EDA 2023; This Court�s Order
of February 20, 2024, and in light of the trial court�s June 5, 2024 order
appointing Michael Anthony Walker, Esquire, as counsel for Appellant, and the
trial court�s July 11, 2024 letter advising this Court that Michael Anthony
Walker, Esquire, has been appointed to represent Appellant, the following is
hereby ORDERED: The briefing schedule is hereby reestablished. Attorney Walker
shall file Appellant�s brief on or before September 4, 2024.
U.S. Bank v. Nadin Bazirganian; 1022 EDA 2024; Consideration of the August 2,
2024, �Emergency Application for Supersedeas Pursuant
to Pa.R.A.P. 1732,� docketed as �Application for Supersedeas - Ancillary Filing,� filed by Appellant Nadin Bazirganian, the
Application is Granted. Due to Appellant�s alleged age, and Richard Bazirganian�s medical condition, all proceedings are stayed
for thirty (30) days for Appellant to find alternative accommodations. This is
a one-time stay of proceedings and no further stays will be granted.
Com. v. Flynn; 293 EDA 2024; The
application of Appellant, Michael J. Flynn, 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
October 7, 2024.
Com. v. Wilson; 1828 EDA 2023; According to the trial
court dockets at CP-46-CR-0005408-2021, CP-46-CR-0006244-2021, and
CP-46-CR-0001889-2022, on April 14, 2023, judgment of sentence was imposed. On
April 24, 2023, in CP-46-CR-0005408-2021 and CP-46-CR-0001889-2022, Appellant�s
counsel filed a timely �Motion To Reconsider And
Modify Sentence.�
Chiles v. Three Knots, LLC; 438
EDA 2024; Elizabeth Juda Speicher, one of three respondents below, purports to
appeal from the orphans� court order dated December 30, 2023, and entered
January 2, 2024 (�Order�). As concerns Appellant, Appellant is aggrieved by two
parts of the Order; specifically, paragraph 2 that awards all legal fees
reasonably incurred by Appellee Olivia G. Chiles, petitioner below, against
Appellant in an amount yet to be determined and paragraph 4 that awards
punitive damages to Appellee and against all respondents below also in an
amount yet to be determined. The Order does not appear to be a final order
because the amount of the awards has not been determined.
Com v. Johnson, C.; 712 EDA 2024; The
appellant has failed to file timely the docketing statement required by Pa.R.AP. 3517. The appellant is directed to file the
docketing statement with the Prothonotary of this
court by August 15, 2024. Failure to file the docketing statement by that date
will lead to an order dismissing the appeal.
Edge, H. v. Herr, F.; 1622 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
August 15, 2024. Failure to file the docketing statement by that date will lead
to an order dismissing the appeal.
Slowey v. Coleman; 1469 EDA
2024; The notice of appeal and docketing statement filed by Appellant Michael Slowey, plaintiff below, the appeal is taken from the order
dated May 6, 2024 granting Appellee Sean Coleman�s, defendant below, motion for
reconsideration of the order dated April 17, 2024 that granted Appellant�s
motion for a new trial and vacating the April 17, 2024 order.
APPEALS FILED
Forsythe Financial, LLC. v. Hatziefstathiou;
1934 EDA 2024; from order of Delaware Cty;
CV-2023-000475.
Gdula v. Wasserman; 1936 EDA
2024; from order of Bucks Cty; 2013-61179-C; S.
Gibson.
Brown v. Rumer; 1937 EDA 2024; from order of Montgomery Cty; 2012-07624.
American Advisors Group v. Rideout;
1938 EDA 2024; from order of Montgomery Cty;
2019-26016; D. Bonebrake.
Snyder v. Berkshire Hathaway Homeservices
Fox; 1939 EDA 2024; from order of Montgomery Cty;
2019-20455.
Thomas v. Grunder; 1941 EDA
2024; from order of Phila Cty;
1843.
Smith v. Timar; 1942 EDA 2024;
from order of Phila Cty;
2020-07790-PL; J. Beasley.
Dingle v. Dingle; 1943 EDA 2024; from order of Bucks Cty; 2018DR01877; A. Mixon.
Com. v. Grigger; 1944 EDA 2024;
from order of Phila Cty;
CP-51-CR-0000948-2016; A. Marcus.
Com. v. Guerrios; 1945 EDA
2024; from order of Phila Cty;
CP-51-CR-0005874-2008.
Com. v. Williams; 1946 EDA 2024; from order of Phila Cty; CP-51-CR-0607531-1999.
Com. v. Washington; 1947 EDA 2024; from order of Phila Cty; CR-2421-06.
Com. v. Washington; 1948 EDA 2024; from order of Phila Cty; CR-2421-06.
Keller v. Payne; 1949 EDA 2024; from order of Carbon Cty; 2023-CV-0550.
Com. v. Bauza; 1950 EDA 2024;
from order of Lehigh Cty; CP-39-CR-908-2022; M. Brunnabend.
Com. v. Atkins; 1951 EDA 2024; from order of Bucks Cty; CP-09-R-4730-2022.
Com. v. Crawford; 1952 EDA 2024; from order of Phila Cty; CP-15-CR-2870-2022.
Biermann v. Dankanis; 1953 EDA
2024; from order of Phila Cty;
220802788; A. Garcia.
Kline & Specter, P.C. v. Bosworth; 1954 EDA 2024;
from order of Phila Cty;
221202513; M. Veen.
Duca v. Kintock
Group; 1955 EDA 2024; from order of Phila Cty; 03486.
Blue Green LLC v. Garcia-Villareal;
1956 EDA 2024; from order of Phila Cty; 200100107; R. Brookman.
Babin v. Loan; 1957 EDA 2024;
from order of Phila Cty;
2307-00922.
Sabatino v Berg; 1958 EDA 2024;
from order of Phila Cty;
832 CR 2024.
Wells Fargo Bank NA v. Hudson; 1960 EDA 2024; from order
of Phila Cty; 2022-06954;
M. Weisberg.
Scott v. Ryan; 1961 EDA 2024; from order of Chester Cty; 2023-02219-TT.
Petitti v. The Honorable Judge
McCabe; 1962 EDA 2024.
Laracuente v. Lorenz; 1963 EDA
2024; from order of Lehigh Cty; MD-1346-2024.
Drexrel Hill Holding LP v.
Cruse; 1964 EDA 2024; from order of Phila Cty; 2024-004216.
Milton v. Homeland Intelligence and Protective Service;
1965 EDA 2024; from order of Phila Cty; 01830.
Flood v. Fairview Care Center Of
Papermill Road SNF, LLC; 1966 EDA 2024; from order of
Phila Cty; 01943.
Com. v. Shamberger; 1967 EDA
2024; from order of Phila Cty;
CP-51-CR-1384-2022; M. Heller.
In the Interest of: Jashay Irvoy; 1968 EDA 2024; from order of Phila
Cty; CP-51-CR-0000562-2019.
In the Interest of: Jashay Irvoy; 1969 EDA 2024; from order of Phila
Cty; CP-51-CR-00000021-2024.