SUPERIOR
COURT
OPINIONS
FILED &
JUDGMENT
ORDERS
PER
CURIAM
October
23, 2024
Com.
v. Ross; 1772 EDA 2022; Affirmed.
Com.
v. Ford; 1799 EDA 2022; Affirmed;
Associated:
1800 EDA 2022.
Com.
v. Matthews; 2093 EDA 2023; Quashed;
Comments:
as Untimely.
Com.
v. Gonzalez; 857 EDA 2024; Affirmed.
October
22, 2024
Com.
v. Tucker; 2159 EDA 2023; Affirmed;
Comments:
Jurisdiction relinquished.
Oudolsky
v. Mount Airy Casino; 3109
EDA
2023; Affirmed/Reversed/Remanded;
Comments:
Jurisdiction relinquished.
In
the Int. of: S.H., Appeal of: D.H.; 151 EDA
2024;
Affirmed - Application to Withdraw as
Counsel
Granted; Comments: Appeal from
the
order changing the permanency goal is
dismissed
as moot. Counsel�s application to
withdraw
is granted. Jurisdiction relinquished;
Associated:
152 EDA 2024; Comments: Appeal
from
the order changing the permanency goal
is
dismissed as moot. Counsel�s application to
withdraw
is granted. Jurisdiction relinquished.
Hasan
v. Hasan; 572 EDA 2024; Appeal
Dismissed;
Comments: Father�s motion for
continuance
denied as moot. Case stricken from
the
argument list.
Com.
v. Kelly; 2518 EDA 2023; Reversed/
Remanded;
Comments: Jurisdiction relinquished.
Com.
v. Redanauer; 1631 EDA 2021; Vacated/
Remanded;
Comments: Jurisdiction relinquished.;
Associated:
1632 EDA 2021.
October
21, 2024
Com.
v. Henderson; 1951 EDA 2023; Affirmed;
Comments:
Application for remand denied.
Jurisdiction
relinquished.
Com.
v. Thornton-Bey; 638 EDA 2024;
Affirmed.
October
18, 2024
Com.
v. Storms; 193 EDA 2023; Remanded
Jurisdiction
Retained; Comments: We conclude
that
there was either a breakdown in court processes
or
per se ineffective assistance by counsel
that
now hampers our review of Appellant�s
myriad
allegations of ineffective assistance.
Therefor
we are remanding this matter for the
PCRA
court to hold a hearing to determine if
counsel�s
failure to properly enter an appearance
or
provide a working email address was
the
cause of the breakdown of communication
around
the court�s Rule 1925(b) order. If so, the
PCRA
court should remove current counsel,
appoint
new counsel and issue a new order
pursuant
to Rule 1925(b) so that it may prepare
and
file an opinion in due course. If counsel was
not
at fault or the lower court was more at fault
for
the lack of communicating the Rule 1925(b)
order
to counsel, then counsel should not be
removed,
but permitted 21 days to file a concise
statement
of errors complained of on appeal.
The
PCRA court should then prepare and
file
its opinion in due course. Accordingly, we
remand
the matter for a hearing and ultimately
the
filing of a new Rule 1925(a) opinion by the
PCRA
court. Upon the filing of that opinion,
we
direct the prothonotary of this Court to
issue
a new briefing schedule. Case remanded
for
further proceedings consistent with this
Memorandum.
Jurisdiction retained.
Com.
v. Spitko; 737 EDA 2023; Affirmed.
Com.
v. Collins; 2404 EDA 2023; Reversed/
Remanded;
Comments: Jurisdiction relinquished.
Com.
v. McCready; 2688 EDA 2023; Affirmed.
Tomasko
v. Citrin, Cooperman and Company;
2881
EDA 2023; Affirmed.
Diakite
v. Moses; 3050 EDA 2023; Affirmed.
Com.
v. Feliciano; 499 EDA 2024; Affirmed.
US
Bank National Association v. Gardner; 458
EDA
2023; Affirmed.
October
17, 2024
Com.
v. Teagle; 817 EDA 2023; Affirmed.
Com.
v. Allen; 2063 EDA 2023; Reversed/
Remanded;
Comments: Jurisdiction
Relinquished.
Com.
v. Reaves; 2455 EDA 2023; Affirmed.
Com.
v. Thompson; 2730 EDA 2023; Affirmed.
Com.
v. Retzler; 2981 EDA 2023; Affirmed.
Com.
v. Lewis; 3119 EDA 2023; Affirmed.
Com.
v. Green; 3121 EDA 2023; Affirmed.
Com.
v. Rodriguez; 3177 EDA 2023; Affirmed;
Associated:
3178 EDA 2023.
Lerner
v. Lerner; 3192 EDA 2023; Affirmed.
Com.
v. Wallace; 138 EDA 2024; Affirmed.
In
the Int. of: K.R.1., Appeal of: K.P.; 155 EDA
2024;
Affirmed; Associated: 1058 EDA 2024.
Wert
v. Wert; 175 EDA 2024; Affirmed.
Wert
v. Wert; 176 EDA 2024; Affirmed.
Dizel
v. Holland; 123728 EDA 2024; Appeal
Dismissed;
Comments: Case is stricken from
argument
list.
OPINIONS
FILED
PER
CURIAM
October
31, 2024
KING,
J.
Verba,
Appellant v Erie Insurance Exchange;
No.
2633 EDA 2023; Appeal from the Order
Entered
September 18, 2023 In the Court
of
Common Pleas of Northampton County
Civil
Division at No(s): C-48-CV-2021-02690;
Order
affirmed.
October
31, 2024
BOWES,
J.
Com.
v Davis, Appellant; No. 2638 EDA
2023;
Appeal from the PCRA Order Entered
September
15, 2023 In the Court of Common
Pleas
of Montgomery County Criminal
Division
at No(s): CP-46-CR-0006720-2017;
Order
affirmed.
October
31, 2024
STEVENS,
P.J.E.
Com.
v Bradley, Appellant; No. 123 MDA
2024;
Appeal from the Judgment of Sentence
Entered
December 29, 2023 In the Court of
Common
Pleas of Lycoming County Criminal
Division
at No(s): CP-41-CR-0000076-2022;
Petition
to withdraw denied. Remanded for
further
proceedings consistent with this decision.
Jurisdiction
retained.
October
30, 2024
BECK,
J.
Com.
v Munoz-Rodriguez, Appellant; No.
1535
MDA 2023; Appeal from the PCRA
Order
Entered October 20, 2023 In the Court
of
Common Pleas of Adams County Criminal
Division
at No(s): CP-01-CR-0000334-2020;
Order
reversed. Judgment of sentence vacated.
Conviction
reversed. Munoz-Rodriguez discharged.
Jurisdiction
relinquished.
October
29, 2024
STABILE,
J.
Com.
v Ortiz, Appellant; No. 2608 EDA 2023;
Appeal
from the Judgment of Sentence Entered
September
6, 2023 In the Court of Common
Pleas
of Bucks County Criminal Division at
No:
CP-09-CR-0006363-2021; Judgment of
sentence
affirmed.
October
29, 2024
OLSON,
J.
Com.
v Whalley, Appellant; No. 1665 MDA
2023;
Appeal from the Judgment of Sentence
Entered
October 17, 2023 In the Court of
Common
Pleas of Lackawanna County Criminal
Division
at No(s): CP-35-CR-0001133-2023;
Judgment
of sentence affirmed. Jurisdiction
relinquished.
Judge Kunselman joins. President
Judge
Emeritus Panella concurs in the result.
October
29, 2024
STEVENS,
P.J.E.
Com.
v Devine, Appellant; No. 30 MDA 2024;
Appeal
from the Judgment of Sentence Entered
November
14, 2023 In the Court of Common
Pleas
of Lackawanna County Criminal Division
at
No(s): CP-35-CR-0000180-2023; Judgment
of
sentence affirmed.
October
28, 2024
NICHOLS,
J.
Dovin,
Appellant v Honey Brook Golf Club
L.P.;
No.
2078 EDA 2023; Appeal from the
Order
Entered July 11, 2023 In the Court
of
Common Pleas of Chester County Civil
Division
at No(s): 2021-00471-RC; Order
vacated.
Case remanded for further proceedings.
Jurisdiction
relinquished.
ORDERS
& DECREES
PER
CURIAM
Com.
v. Reyes; 1307 EDA 2024; The application
of
Appellant, Thomas Reyes, 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 December
23,
2024.
Com.
v. Morgan; 1227 EDA 2024; The application
of
Appellant, Julmeen Morgan, for extension
of
time to file Brief the application is
hereby
granted. Appellant�s Brief shall be filed
on
or before December 2, 2024.
Com.
v. Savage; 2067 EDA 2024; The application
of
Appellant, Kareem Savage, 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 December
20,
2024.
Com.
v. Larosa; 97 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
December 23, 2024.
Com.
v. Deshields; 1804 EDA 2024; The application
of
Appellant, Shaquile Deshields, for
extension
of time to file Brief the application is
hereby
granted. Appellant�s Brief shall be filed
on
or before November 5, 2024.
Com.
v. Lewis; 1729 EDA 2024; The application
of
Appellant, Julianne Stacy Lewis, for
extension
of time to file Brief the application is
hereby
granted. Appellant�s Brief shall be filed
on
or before December 12, 2024.
Com.
v. Savage; 2069 EDA 2024; The application
of
Appellant, Kareem Savage, 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 December
20,
2024.
Com.
v. Morgan; 2379 EDA 2024; The application
of
Appellant, Julmeen Morgan, 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
December
12, 2024.
Durante
v. Sanchez; 1149 EDA 2024; The
application
of Appellant, Ramon A. Rosario, for
extension
of time to file Brief the application
is
hereby granted. No further extensions shall
be
granted absent extenuating circumstances.
Appellant�s
Brief shall be filed on or before
January
3, 2024.
In
The Interest Of: A.R., A Minor Appeal Of:
J.R.,
Mother; 2101 EDA 2024; Appellant filed
a
brief through the PACFile electronic filing
system.
As of the date of this order, a paper
version
and the requisite number of copies have
not
been provided to this Court. Accordingly,
Appellant
is Directed to file a paper version of
his
brief and the requisite number of paper copies
with
this Court within seven (7) days of the
date
of this Order. Failure to comply may result
in
this Court striking the electronic filing from
the
docket, dismissing the appeal, remanding
for
the assessment of counsel and the potential
appointment
of new counsel, referring counsel
to
the Disciplinary Board of the Supreme Court
of
Pennsylvania, or other pertinent consequence,
if
necessary.
Com.
v. Tejada; 1861 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 November 22, 2024.
HV
Investments, LLC v. Osinski; 2741 EDA
2024;
Consideration of the October 23,
2024
�Motion to Stay Eviction� (docketed as
�Emergency
Application to Stay�) filed by pro
se
Appellant, the application is Denied.
Parrales
v. Rodriguez; 2631 EDA 2024; Appeal
has
been taken from the September 9, 2024
custody
order. Appellant failed to file a 1925(b)
statement
of errors complained of on appeal
(�1925(b)
Statement�) concomitantly with
Appellant�s
Children�s Fast Track Notice of
Appeal
pursuant to Pa.R.A.P.1925(a)(2).
Appellant
has filed a Statement pursuant to
Pa.R.A.P.
1925 with the trial court and has
served
that Statement on the trial judge prior to
the
receipt of this Order, Appellant shall notify
the
Superior Court Prothonotary in writing no
later
than November 4, 2024 and shall include
a
copy of the filed Statement.
Prah-Ruger
v. Ruger; 2626 EDA 2024; Appeal
is
taken from the September 6, 2024 order
entered
in the trial court docket on September
9,
2024 (September 9th Order) that denied
Appellant�s
motion to stay the May 24, 2024
custody
order. Accordingly, Appellant is directed
to
respond within ten (10) days as to the
why
this appeal should not be quashed. Please
respond
in writing copying all parties involved
on
your reply. Failure to respond to these directives
in
their entirety will result in quashal/
dismissal
of this appeal without further notice.
Jackson
v. Rineer; 2580 EDA 2024; Appeal
has
been taken from the September 5, 2024
Order
in special relief entered on the trial
court
docket pursuant to Pa.R.C.P. 236 on
September
18, 2024 (�September 18th Order�).
The
September 18th Order does not appear to
be
final or otherwise appealable since it does
not
appear that a final order as to equitable
distribution
has not been entered nor has a
divorce
decree been entered. Generally, only
final
orders are appealable. Accordingly, appellant
is
directed to show cause within ten (10)
days
of the date of this order as to why the
appeal
of the September 18th Order should not
be
quashed. Please respond in writing copying
all
parties involved on your reply. Failure to
respond
to this directive may result in quashal/
dismissal
of this appeal without further notice.
Hatchigian
v. Mardinly; 2017 EDA 2024;
Application
for Reconsideration of this Court�s
September
30, 2024, Order quashing the
appeal,
the October 22, 2024, 2nd Application
for
Reconsideration is Denied.
Com.
v. Jacobs; 269 EDA 2024; The abovenumbered
appeals
are Consolidated sua sponte,
and
the parties shall proceed in accordance
with
Pa.R.A.P. 513. Furthermore, the parties
are
Directed to each file a single brief in this
matter.
The parties shall list docket numbers
269
EDA 2024, 270 EDA 2024 and 271 EDA
2024
in the caption of their respective briefs.
Com.
v. Narcisse; 92 EDA 2024; Appellant�s
application
for a fifth extension of time to file
briefs
is Granted. Appellant�s brief is due by
December
20, 2024. This is the final extension
of
time to file Appellant�s brief, and this appeal
shall
be subject to immediate dismissal by this
Court,
without further notice to the parties, if
Appellant�s
brief is not filed by the newly established
due
date.
Com.
v. Smith; 3224 EDA 2023; Appellant�s prose
August
20, 2024 �Motion For Extension Of
Time
To File Appellant[�]s Bail Appeal Brief,�
the
following is Ordered. The Prothonotary of
this
Court is Directed to forward Appellant�s
pro
se August 20, 2024 �Motion For Extension
Of
Time To File Appellant[�]s Bail Appeal
Brief,�
to Appellant�s counsel, Douglas Lee
Dolfman,
Esquire.
Offit
Kurman, P.A. v. S.G. Preston Company;
2305
EDA 2024; Consideration of the notice
of
appeal and docketing statement filed by
Appellant
S.G. Preston Company, defendant
below,
Appellant appeals from the July 31,
2024
order denying its motion for protective
order
to stay discovery in aid of execution.
Appellant
contends that the July 31, 2024 order
is
appealable under Pa.R.A.P. 313. Accordingly,
Appellant
is directed to show cause, in the form
of
a letter addressed to the Prothonotary of
this
Court with a copy to opposing counsel,
as
to how the July 31, 2024 order satisfies the
collateral
order doctrine and why the appeal
should
not be quashed. The letter shall be
transmitted
so as to be actually received by the
Prothonotary
of this Court 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. Harville; 509 EDA 2024; The application
of
Appellant, Saleem Harville, 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
December
23, 2024.
Larosa
v. Franklin Mint Federal Credit
Union;
2534
EDA 2024; Consideration of the
October
22, 2024 �Uncontested Application
to
Discontinue Appeal in Light of Settlement�
docketed
as �Application for Discontinuance�
filed
by Appellants, the Application is accepted
as
a praecipe to discontinue under Pa.R.A.P.
1973
and the appeal is Discontinued.
Com.
v. Harville; 519 EDA 2024; The application
of
Appellant, Saleem Harville, 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
December
23, 2024.
Offit
Kurman, P.A. v. S.G. Preston Company;
2306
EDA 2024; Consideration of the notice
of
appeal and docketing statement filed by
Appellant
S.G. Preston Company, defendant
below,
Appellant appeals from the August
5,
2024 order granting the motion to strike
Appellant�s
objections to notice of intent to
serve
subpoena filed by Appellee Offit Kurman,
P.A.,
plaintiff below. Appellant contends that
the
August 5, 2024 order is appealable under
Pa.R.A.P.
313. Accordingly, Appellant is directed
to
show cause, in the form of a letter
addressed
to the Prothonotary of this Court
with
a copy to opposing counsel, as to how
the
August 5, 2024 order satisfies the collateral
order
doctrine and why the appeal should not
be
quashed.
Offit
Kurman, P.A. v. S.G. Preston Company;
2304
EDA 2024; Consideration of the notice
of
appeal and docketing statement filed by
Appellant
S.G. Preston Company, defendant
below,
Appellant appeals from the April 29,
2024
order denying its motion for leave to
amend
new matter. Appellant contends that
the
April 29, 2024 order is appealable under
Pa.R.A.P.
313. Accordingly, Appellant is directed
to
show cause, in the form of a letter
addressed
to the Prothonotary of this Court
with
a copy to opposing counsel, as to how
the
April 29, 2024 order satisfies the collateral
order
doctrine and why the appeal should not
be
quashed. The letter shall be transmitted so as
to
be actually received by the Prothonotary of
this
Court 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.
Kovalev
v. Laboratory Corporation of
America;
1977
EDA 2024; The application of
Appellant,
Sergei Kovalev, 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 November 22, 2024.
Com.
v. Johnson; 2197 EDA 2024; The application
of
Appellant, Xavier Johnson, for extension
of
time to file Brief the application is hereby
granted.
No further extensions shall be granted
absent
extenuating circumstances. Appellant�s
Brief
shall be filed on or before January 13,
2025.
Com.
v. Johnson; 2196 EDA 2024; The application
of
Appellant, Xavier Johnson, for extension
of
time to file Brief the application is hereby
granted.
No further extensions shall be granted
absent
extenuating circumstances. Appellant�s
Brief
shall be filed on or before January 13,
2024.
Schreiber
v. Club Car, LLC; 74 EDM 2024;
Petition
for permission to appeal, and noting no
responses
filed, the petition is Denied.
Com.
v. Ionescu; 1809 EDA 2024; Appellant is
still
represented by counsel. On May 29, 2024,
judgment
of sentence was imposed. On May
30,
2024, privately retained counsel, George
S.
Nassif, Esquire, filed in the trial court a
�Praecipe
For Withdrawal� of his appearance
as
counsel for Appellant. On June 28, 2024, a
pro
se notice of appeal from the May 29, 2024
judgment
of sentence was filed.
Com.
v. Phillips; 2361 - 2377 EDA 2024; The
trial
court dockets, notices of appeal, and criminal
docketing
statements filed at the abovecaptioned
appeals,
and Appellant�s �Motion For
Consolidation,�
the above-captioned appeals
are
hereby consolidated. The appeal docketed
at
2361 EDA 2024 is designated as the lead
appeal.
Both parties are directed to list all
Superior
Court Docket Numbers in the caption
of
all future filings with this Court, but all
filings
shall only be filed at 2361 EDA 2024.
Upon
receipt of the certified trial court records,
the
Prothonotary of this Court will establish a
briefing
schedule.
Chadds
Ford Professional Center, Inc. v.
MHB
Properties, LP; 355 EDA 2024; The
applications
for discontinuance filed by MHB
Properties,
LP, it is hereby ordered that the
within
matters are discontinued. Counsel for
both
parties are excused from appearing at oral
argument.
Richardson
v. Penn Medicine Princeton
Medical
Center; 69 EDM 2024; Petition for
permission
to appeal, and the answers filed
thereto,
the petition is Denied.
Com.
v. Beaulac; 1574 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 December
2,
2024.
Com.
v. Brown; 1526 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
December 20, 2024.
Com.
v. Ionescu; 1809 EDA 2024; Appellant�s
pro
se September 19, 2024 �Appellant�s Motion
To
Supplement The Trial Court Record
Pursuant
To Pa.R.A.P. 1926,� the motion is
Denied
without prejudice to Appellant�s right
to
apply directly to the trial court for the
requested
relief, either via counsel if represented
or
pro se if permitted to proceed pro se
by
the trial court, wherein Appellant shall reference
the
specific materials requested.
Nowicki
v. Dilworth Paxson LLP; 1530 EDA
2023;
Appellants� pro se October 11, 2024
�Application
For Reargument En Banc,� the
application
is Dismissed as untimely filed.
Taylor
v. Taylor; 75 EDM 2024; Petitioner, Lisa
L.
Schwartz-Taylor, filed a petition for permission
to
appeal from the July 22, 2024 order that,
among
other things, overruled the preliminary
objections
filed by Petitioner and dismissed as
moot
the preliminary objections to Petitioner�s
preliminary
objections filed by Respondent,
Abrar
Solatch. A review of the orphans� court
docket
demonstrates that Petitioner did not
first
file an application to amend the July 22,
2024
order with the orphans� court. Therefore,
Petitioner
did not follow the proper procedure
for
obtaining this Court�s permission to appeal
the
interlocutory July 22, 2024 order.
Com.
v. Acosta-Mejia; 209 EDA 2024; Appellee
filed
a brief through the PACFile electronic filing
system.
As of the date of this order, a paper
version
and the requisite number of copies have
not
been provided to this Court. Accordingly,
Appellee
is Directed to file a paper version of
their
brief and the requisite number of paper
copies
with this Court within seven (7) days
of
the date of this Order. Failure to comply
may
result in this Court striking the electronic
filing
from the docket, dismissing the appeal,
remanding
for the assessment of counsel and
the
potential appointment of new counsel,
referring
counsel to the Disciplinary Board of
the
Supreme Court of Pennsylvania, or other
pertinent
consequence; if necessary.
Womack
v. Monsanto Company; 104 EDM
2024;
Monsanto Company filed an �Emergency
Petition
for Permission to Appeal� on October
4,
2024. Monsanto Company seeks, inter alia,
review
of an interlocutory appeal and a stay
of
the trial scheduled to begin on October 28,
2024.
Monsanto�s request for emergency review
is
Granted, the petition for permission to
appeal
is Denied on its merits, and the request
for
a stay is Dismissed as moot.
Com.
v. Watson; 522 EDA 2024; Appellant filed
a
brief through the PACFile electronic filing
system.
As of the date of this order, a paper
version
and the requisite number of copies have
not
been provided to this Court. Accordingly,
Appellant
is Directed to file a paper version
of
his brief and the requisite number of paper
copies
with this Court within seven (7) days
of
the date of this Order. Failure to comply
may
result in this Court striking the electronic
filing
from the docket, dismissing the appeal,
remanding
for the assessment of counsel and
the
potential appointment of new counsel,
referring
counsel to the Disciplinary Board of
the
Supreme Court of Pennsylvania, or other
pertinent
consequence, if necessary.
Com.
v. Fields; 302 EDA 2024; Appellant filed
a
brief through the PACFile electronic filing
system.
As of the date of this order, a paper
version
and the requisite number of copies have
not
been provided to this Court. Accordingly,
Appellant
is Directed to file a paper version
of
his brief and the requisite number of paper
copies
with this Court within seven (7) days
of
the date of this Order. Failure to comply
may
result in this Court striking the electronic
filing
from the docket, dismissing the appeal,
remanding
for the assessment of counsel and
the
potential appointment of new counsel,
referring
counsel to the Disciplinary Board of
the
Supreme Court of Pennsylvania, or other
pertinent
consequence, if necessary.
Com.
v. Wilson; 851 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 November 20, 2024.
Com.
v. Cunningham; 2560 EDA 2024;
Consideration
of the October 7, 2024 �Motion
to
Withdraw as Counsel,� filed by Nana Y. Osei,
Esq.,
the following is Ordered. The appearance
of
Nana Y. Osei, Esq., is Withdrawn as counsel
for
Appellee Cunningham in this Court. The
trial
court is Directed to determine Appellee�s
eligibility
for court-appointed counsel within
sixty
(60) days of the date of this Order.
Batterman
v. Santo; 2416 EDA 2024; Appeal
is
taken from the August 23, 2024 Order that
denied
Appellant�s Petitions to Proceed In
Forma
Pauperis relating to payment for filing
fees
associated with Appellant�s Notices
of
Appeal. In light of the fact that Appellant�s
appeals
have all been quashed the August 23,
2024
Order is moot. Moreover, on September
7,
2022, this Court ordered that Appellant shall
pay
all filings fees owed concomitantly with his
Notices
of Appeal.
Com.
v. Hawkins; 2089 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 December 17, 2024.
Smith
v. Timar; 1973 EDA 2024; Appellants filed
a
�Notice of Election to Defer Designation of
Contents
of Reproduced Record Pursuant to
Pa.R.A.P.
2154(b)� while their October 3, 2024
application
seeking to designate the instant
appeal
as a cross-appeal related to the appeal at
No.
1942 EDA 2024 remains pending, the following
is
hereby Ordered. The briefing schedule
is
Vacated, pending resolution of Appellants�
October
3, 2024 application and further order
of
this Court.
Smith
v. Timar; 1942 EDA 2024; Appellees filed
a
�Notice of Election to Defer Designation of
Contents
of Reproduced Record Pursuant to
Pa.R.A.P.
2154(b)� in their related appeal at
No.
1973 EDA 2024 while their October 3,
2024
application seeking to designate No. 1973
EDA
2024 as a cross-appeal related to instant
appeal
remains pending, the following is hereby
Ordered.
The briefing schedule is Vacated,
pending
resolution of Appellees� October 3,
2024
application at No. 1973 EDA 2024 and
further
order of this Court.
Com.
v. Jones; 9 EDA 2024; Appellant�s pro se
September
24, 2024 �Motion To Reconsider
This
Court�s Order,� the motion for reconsideration
is
Denied.
Batterman
v. Santo; 2388 EDA 2024; Appeal
has
been taken from the August 1, 2024 Order
that
denied Appellant�s motion for reconsideration
of
the July 18, 2024 Order that dismissed
Appellant�s
various filings and attempt to introduce
evidence
in the parties ongoing custody
matter.
The trial court states that Appellant
styled
his petition as an emergency petition for
contempt
filed July 26, 2024 at sequence 1003
on
trial court docket. Notably, an appeal does
not
lie from an order denying reconsideration;
but
instead, must be timely filed from the
final
order.
Pimentel
v. Crawford; 2658 EDA 2024;
Consideration
of the October 18, 2024,
�Request
For Stay Of Eviction,� docketed as
�Application
for Emergency Relief,� filed by
Appellant
Darren Crawford, the application is
Denied.
Appellant has failed to address the factors
required
for issuance of a stay.
Batterman
v. Santo; 2321 EDA 2024; Appeal
has
been taken from the July 18th interlocutory
Order
entered in the parties� divorce matter.
On
September 23, 2024, a show cause order was
entered
directing Appellant to respond as to
why
this appeal should not be quashed in light
of
the fact that Mother�s petition to modify
custody
was still before the trial court and why
this
Court should not sanction Appellant for
filing
this frivolous appeal pursuant to Pa.R.A.P.
2744.
Appellant filed a response baldly asserting
that
the July 18th Order is final but, in
his
response, Appellant attaches the subsequently
entered
August 8, 2024 Amended Final
Custody
Order, entered on the trial court docket
on
August 9, 2024, confirming that the July
18th
Order herein on appeal is interlocutory
and
that Mother�s petition to modify custody
was
still before the trial court.
Tractman
v. Conner; 2750 EDA 2023; The
parties�
joint application for relief seeking to
submit
this case on the briefs.
Prah-Ruger
v. Ruger; 1715 EDA 2024;
Appellant�s
Applications for Relief filed October
4,
2024 and October 11, 2024, are hereby
Denied.
Additionally, we note that Mother
agreed
that the transcript of the trial court�s
conversation
with the child would remain confidential
and
thus, Mother has waived any right
to
obtain those transcripts. Mother�s brief was
due
on October 15, 2024 and Mother has failed
to
file a brief. Even though this appeal is designated
as
a Child Fast Track appeal and we rarely
grant
extensions of time to file a brief, we sua
sponte
extend the deadline for Mother�s brief to
November
4, 2024. Failure to file a brief by that
date
may result in the dismissal of the appeal.
Com.
v. Nordo; 1258 EDA 2023; Consideration
of
the October 1, 2024 �Commonwealth�s
Motion
To Correct The Record Pursuant To
PA.R.A.P.
1926,� the trial court is Directed to
certify
and transmit a supplemental record to
the
Prothonotary of this Court, containing the
May
9, 2022, referenced in and attached to the
Commonwealth�s
motion, within twenty-one
(21)
days of the date that this Order is filed.
Com.
v. Seldon; 1402 EDA 2024; Appellant�s
pro
se September 18, 2024 �Motion To Dismiss
PCRA,�
the motion is Dismissed as moot in
light
of the fact that Appellant�s January 5, 2017
and
March 25, 2024 PCRA petitions have been
denied/dismissed
by the PCRA court.
Brine
v. Schwartz; 1806 EDA 2024; Appellee
filed
an �Application to Dismiss� asserting in
pertinent
part that Appellant�s brief does not
comport
with the Rules of Appellate Procedure
and
Appellant failed to file a reproduced record.
A
failure to file a reproduced record will not
result
in quashal where there has been no prejudice
to
the parties and where effective appellate
review
has not been precluded. Accordingly, it
is
hereby Ordered. Appellee�s �Application to
Dismiss�
is Denied. Appellant�s �Application for
Relief�,
filed October 3, 2024, requesting that
Appellant
be permitted to proceed without filing
the
reproduced record is Denied.
Matthews
v. Hospital Of The University Of
Pennsylvania;
1163
EDA 2024; Consideration
of
the October 3, 2024, �Application for Leave
to
File Reproduced Record Designation and
Brief
Statement of Issues Nunc Pro Tunc,�
docketed
as �Application for Relief,� filed by
Appellant
Anyae Matthews, Individually and
as
Parent and Natural Guardian of K.B., a
Minor,
the Application is Granted. Appellant
shall
file the reproduced record designation and
brief
statement of issues to be raised on appeal
within
ten (10) days of the date of docketing
of
this Order.
Williams
v. Williams; 2528 EDA 2023;
Appellant�s
application to expedite, said application
is
Denied as moot.
Feingold
v. Fishman; 3043 EDA 2023; This
Court
noted on the docket Appellant�s pro
se
�Amended Motions of Appellant,� which
was
further styled as �Motions for Recusal
of
Members of the Argument Panel, for a
Continuance,
Allowance of Appellant to
Represent
Self and the Withdrawal of his
Counsel
who has Retired and Suffers from
Physical
Disability.� Appellant filed this pro se
document
while he was represented by counsel
and
did so several months after his counsel
filed
an appellate brief in this matter. Hybrid
representation
is generally not permitted in this
Commonwealth.
Com.
v. Bundy; 1412 EDA 2024; Appellant�s pro
se
September 30, 2024 �Motion,� the motion
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.
U.S.
Bank, National Association v. Bazirganian;
1022
EDA 2024; Consideration of the
September
25, 2024, �Motion for Dismissal of
the
Above Captioned Appeal filed by Appellants
Pursuant
to Pa.R.A.P. 1972(a)(4),� docketed as
�Application
to Dismiss,� filed by Appellee U.S.
Bank,
National Association, as Legal Trustee
for
Truman 2016 SC6 Title Trust, and noting
no
response thereto, the Application is Denied
without
prejudice to Appellee�s right to file
a
new application to dismiss with evidence
documenting
that the writ of possession has
been
executed.
Batterman
v. Santo; 2390 EDA 2024; Appeal
has
been taken from the August 1, 2024 Order
that
denied Appellant�s motion for reconsideration
of
the July 18, 2024 Order that dismissed
Appellant�s
various filings and attempt to introduce
evidence
in the parties ongoing custody
matter
from the petition filed at sequence 1005
on
the trial court docket. The trial court states
that
Appellant styled his petition as an emergency
petition
for contempt filed July 26, 2024.
Notably,
an appeal does not lie from an order
denying
reconsideration; but instead, must be
timely
filed from the final order. Accordingly, it
is
hereby Ordered.
Com.
v. Clark; 303 EDA 2024; Appellant�s application
for
extension of time to file a petition for
allowance
of appeal is Denied.
Purcell
v. Purcell; 2154 EDA 2024; Appeal was
taken
from the July 16, 2024 order that granted
in
part and denied in part the exceptions filed
to
the divorce officer�s report and recommendation
and
directed that �the remaining
provisions
of the Report and Recommendation
of
the Divorce Master dated March 6, 2024 are
confirmed
in their entirety and shall be incorporated
in
the Divorce Decree.�
Kheifetz
v. Defilippis; 1120 EDA 2024;
Consideration
of the October 11, 2024, �2nd
Application
(Motion) for Extension of Time,�
docketed
as �Application for Extension of Time
to
File Brief - Second Request,� filed by pro
se
Appellant Alex Kheifetz, the Application is
Denied.
Feingold
v. PA Property And Casualty
Insurance;
3106
EDA 2023; Appellant�s pro
se
�Amended Motions of Appellant,� which
was
further styled as �Motions for Recusal
of
Members of the Argument Panel, for a
Continuance,
Allowance of Appellant to
Represent
Self and the Withdrawal of his
Counsel
who has Retired and Suffers from
Physical
Disability.� Appellant filed this pro se
document
while he was represented by counsel
and
did so several months after his counsel
filed
an appellate brief in this matter. Hybrid
representation
is generally not permitted in this
Commonwealth.
Allen
Organ Company, LLC v. BT Stone Hill,
LP;
1700
EDA 2024; Consideration of the
September
30, 2024, �Motion for Leave to File
Amended
Docketing Statement,� docketed as
�Application
to Amend,� filed by Appellant BT
Stone
Hill, L.P., the Application is Granted.
Appellant
shall file an amended docketing statement
within
ten (10) days of the date of docketing
of
this Order.
TD
Bank, N.A. v. Massengill; 3047 EDA 2023;
Appellant�s
application for a continuance of
the
scheduled oral argument in the abovecaptioned
case.
The case will be considered by
the
panel as submitted on the briefs.
Com.
v. Morrissey; 1830 EDA 2023; Appellant
Jennifer
Lynn Morrissey has appealed from the
judgment
of sentence following her conviction
of
first-degree murder. On appeal, Appellant
raises
challenges to several evidentiary rulings
made
by the trial court. On December
5,
2018, Appellant filed what was titled a
�Motion
to Commonwealth�s Omnibus Pre-
Trial
Motion and [Appellant�s] Supplemental
Pre-Trial
Motions.� This Court received a copy
of
Appellant�s motion as part of the certified
record;
however, five pages of the motion have
been
redacted.
Com.
v. Dougan; 1687 EDA 2024; The trial
court
was directed to appoint counsel to represent
Appellant
in the instant appeal. By order
of
September 4, 2024, the trial court appointed
the
Pike County Public Defender�s Office to
represent
Appellant. However, on October 16,
2024,
Todd M. Mosser, Esquire entered his
appearance
in this Court as private counsel for
Appellant.
Accordingly, the following is hereby
Ordered.
Com.
v. Hill; 1933 EDA 2024; Appellant�s
September
24, 2024 �Application To Withdraw
As
Counsel,� filed by Daniel Andrew Pallen,
Esq.,
the application is Granted. The trial court
is
directed to determine the Appellant�s eligibility
for
court-appointed counsel within sixty (60)
days
of the date that this Order is filed. If the
Appellant
is found to be eligible, then the trial
court
shall appoint counsel for the Appellant
in
connection with this appeal. The trial court
shall
immediately notify the Prothonotary of
this
Court of the appointment. If the Appellant
is
found to be ineligible for court-appointed
counsel,
then the Appellant shall notify this
Court
within twenty (20) days of the notification
of
ineligibility whether he intends to retain
new
counsel or to represent himself on appeal.
Com.
v. F.W.; 1280 EDA 2024; Appellant�s
June
19, 2024 �Application To Withdraw As
Counsel,�
filed by Laurence Anthony Narcisi,
III,
Esq., the trial court is Ordered to enter a
disposition
on the motion to withdraw as counsel
filed
in the trial court by Attorney Narcisi
and
provide the Prothonotary of this Court
with
written notice of its ruling within thirty
(30)
days of the date that this Order is filed.
The
Prothonotary of this Court is Directed to
provide
copies of counsel�s application and this
Order
to the Honorable Margaret J. Amoroso
and
the clerk of court�s office.
Com.
v. Griffin; 1649 EDA 2022; Appellant�s pro
se
September 20, 2024 �Petition Requesting
New
Counsel And Or Conflict Free Counsel,�
the
petition is Denied. The Prothonotary of
this
Court is Directed to provide copies of
Appellant�s
petition to his attorneys Lee B.
Awbrey,
Esq. and Stefanie M. McArdle, Esq.
Purcell
v. Purcell; 2299 EDA 2024; Appeal was
taken
from the July 16, 2024 order that granted
in
part and denied in part the exceptions filed
to
the divorce officer�s report and recommendation
and
directed that �the remaining
provisions
of the Report and Recommendation
of
the Divorce Master dated March 6, 2024 are
confirmed
in their entirety and shall be incorporated
in
the Divorce Decree.�
Com.
v. Henderson; 1860 EDA 2024; Appellant�s
pro
se September 17, 2024 motion and the
Appellant�s
September 25, 2024 �Application
For
Remand,� filed by James F. Berardinelli,
Esq.,
the trial court is Directed to conduct an
on-the-record
determination as to whether
the
Appellant�s waiver of counsel is knowing,
intelligent
and voluntary, pursuant to
Commonwealth
v. Grazier, 713 A.2d 81 (Pa.
1998),
and to provide written notice of its
determination
to the Prothonotary of this
Court
within sixty (60) days of the date that
this
Order is filed.
Com.
v. Mac; 2174 EDA 2024; Appellant�s
pro
se September 25, 2024 �Appeal To The
Order
Of Dismissal Of The Superior Court�s
Memorandum
Opinion Dated September 3,
2024
To Argue The Untimely Claim And The
Abandonment
Claim,� the motion is Denied
without
prejudice to Appellant�s right to raise
the
issues in the motion in the Appellant�s brief.
Trub
v. Graham; 87 EDM 2024; Petition for
permission
to appeal filed by Victor Trub,
plaintiff
below, and noting no responses filed
thereto,
the petition is Denied.
Com.
v. Ionescu; 1809 EDA 2024; Appellant�s
pro
se September 19, 2024 �Appellant�s Motion
To
Supplement The Trial Court Record
Pursuant
To Pa.R.A.P. 1926,� the motion is
Denied
without prejudice to Appellant�s right
to
apply directly to the trial court for the
requested
relief wherein Appellant shall reference
the
specific materials requested.
Com.
v. Crawford; 1952 EDA 2024; The trial
court
dockets, on June 25, 2024, Appellant
entered
a negotiated guilty plea and waived a
pre-sentence
Sexual Violent Predator (SVP)
determination.
Also, on June 25, 2024, judgment
of
sentence was imposed, and the trial
court
entered an order directing the Sexual
Offender
Assessment Board (SOAB) to perform
an
SVP determination. On July 2, 2024, counsel
for
Appellant filed a motion to withdraw the
guilty
plea. On July 3, 2024, the trial court
denied
the motion to withdraw the guilty plea.
On
July 25, 2024, Appellant filed a pro se notice
of
appeal from the July 3, 2024 order denying
the
motion to withdraw the guilty plea.
Com.
v. Peach; 1932 EDA 2024; The application
of
Appellant, Mith Peach, 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 December 23, 2024.
In
The Interest Of: F.Y., A Minor Appeal Of:
T.Y.,
Mother; 2222 EDA 2024; Appellee�s,
DHS,
�Application for Extension of Time to
File
Brief�, field October 18, 2024 is Granted,
in
part. Appellee shall file their brief on or
before
November 8, 2024.
Com.
v. Fauntleroy; 3052 EDA 2023; The
Commonwealth�s
October 7, 2024 �Motion
to
Correct the Record Pursuant to Pa.R.A.P.
1926,�
the following is hereby Ordered. The
Court
of Common Pleas of Philadelphia
County
is Directed to certify and transmit
as
a supplemental record to this Court items
referenced
in the motion within thirty (30) days
of
the date of this Order. The Prothonotary of
this
Court is Directed to forward a copy of the
October
7, 2024 motion, and this Order to,
inter
alia, the Honorable Stephanie M. Sawyer,
the
Clerk of Courts of Philadelphia County, the
Commonwealth,
and Appellant.
Com.
v. Kelly; 830 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
November
12, 2024.
Com.
v. Talbert; 2290 EDA 2023; The
Commonwealth�s
application for a third extension
of
time to file briefs is Granted. The
Commonwealth�s
brief, filed October 10,
2024,
is deemed timely filed. This Court�s
Prothonotary
is Directed to send the
Commonwealth
a reply letter.
Com.
v. Talbert; 2408 EDA 2023; The
Commonwealth�s
application for a third extension
of
time to file briefs is Granted. The
Commonwealth�s
brief, filed October 10,
2024,
is deemed timely filed. This Court�s
Prothonotary
is Directed to send the
Commonwealth
a reply letter.
Com.
v. Nikonowicz; 2708 EDA 2023;
Appellant�s
October 7, 2024 �Application
for
Relief,� the following is hereby Ordered.
Appellant�s
brief is now due in this Court on or
before
Friday, December 6, 2024.
Com.
v. Brensinger; 343 EDA 2024;
Consideration
of the August 21, 2024
�Application
for Correction of Commonwealth�s
Reproduced
Record Volume I and Volume II
with
Corrected Table of Contents,� filed by the
Commonwealth,
the Application is Granted.
The
Commonwealth may file a corrected
reproduced
record, and corresponding table of
contents,
within fourteen (14) days of the date
of
this Order.
Com.
v. Mohamed; 2289 EDA 2023; The
Commonwealth�s
application for a third extension
of
time to file briefs is Granted. The
Commonwealth�s
brief, filed October 10,
2024,
is deemed timely filed. This Court�s
Prothonotary
is Directed to send the
Commonwealth
a reply letter.
Com.
v. Mohamed; 2407 EDA 2023; The
Commonwealth�s
application for a third extension
of
time to file briefs is Granted. The
Commonwealth�s
brief, filed October 10,
2024,
is deemed timely filed. This Court�s
Prothonotary
is Directed to send the
Commonwealth
a reply letter.
Com.
v. Lattie; 2351 EDA 2024; The trial court
docket,
on August 28, 2024, a guilty verdict
was
entered. On September 3, 2024, while
represented
by counsel, Appellant filed a pro se
notice
of appeal. There is no indication on the
trial
court docket that judgment of sentence
has
been imposed. On September 13, 2024, this
Court
entered an Order to show cause why this
appeal
should not be quashed as interlocutory.
In
light of the fact that an Order to show cause
was
issued on September 13, 2024, counsel for
Appellant
has failed to file a timely response,
and
there is no indication on the trial court
docket
that judgment of sentence has been
imposed,
the above-captioned appeal is hereby
quashed
as interlocutory.
Com.
v. Carter; 1799 EDA 2024; Appellant�s
September
30, 2024 pro se �Motion for the
Appointment
of Counsel,� the motion is hereby
Denied.
Com.
v. Fuller; 3167 EDA 2023; Appellant�s pro
se
application for extension of time to file briefs
is
Granted. Appellant�s brief is due by January
2,
2025. No further extensions will be granted
absent
extenuating circumstances.
In
The Interest Of: J.R., A Minor Appeal
Of:
Philadelphia Department Of Human
Services;
1507
EDA 2024; Appellants�
�Application
For Extension of Time To File
Brief�,
filed October 18, 2024, is Granted.
Appellant
shall file their brief on or before
November
6, 2024.
In
The Interest Of: O.E.C.-A., A Minor
Appeal
Of: K.G.; 1657 EDA 2024; In light
of
the fact that Aaron Mixon, Esquire, filed the
brief
for his client on October 7, 2024, pursuant
to
this Court�s September 30, 2024 order,
Counsel
Mixon�s application, filed October 1,
2024,
requesting a second extension of time
to
file his client�s brief is hereby Dismissed
as
Moot.
Com.
v. Douglas; 959 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 December 10, 2024.
Dougherty
v. Lamb; 1161 EDA 2024;
Consideration
of the September 23, 2024
�Application
for Oral Argument� filed by
Appellant
Estate of Dolores C. Dougherty, the
application
is Granted and the Prothonotary
of
this Court is Directed to list the appeal for
expedited
oral argument.
White
v. White Family Special Needs Trust;
1841
EDA 2024; Appellant Mary White seeks
appellate
review of the trial court�s February
14,
2024 order dismissing her action for lack
of
jurisdiction. On April 11, 2024, Appellant
filed
a petition for review in this Court�s miscellaneous
docket.
By Order entered July 15,
2024,
this Court directed the Prothonotary of
this
Court to treat the �Petition for Review� as
a
notice of appeal pursuant to Pa.R.A.P. 1316(a).
Appellant�s
�Petition for Review� was then
transferred
to the appeals docket and docketed
as
a notice of appeal at the above-referenced
docket.
Com.
v. Brown; 1752 EDA 2024; Appellant�s
pro
se October 7, 2024 �Emergency Motion
To
Consolidate,� filed at 1752 EDA 2024,
Commonwealth
v. Raymond C. Brown, the
motion
is GRANTED. The appeal docketed at
1752
EDA 2024 is designated as the lead appeal.
Accordingly,
all filings for these Consolidated
appeals
shall list both 1752 EDA 2024,
Commonwealth
v. Raymond C. Brown and
1753
EDA 2024, Commonwealth v. Raymond
C.
Brown in the caption, but shall only be filed
at
1752 EDA 2024. The parties are directed to
each
file one brief for the consolidated appeals.
Com.
v. Williams; 952 EDA 2024; Appellant�s
September
18, 2024 application for leave to
proceed
in forma pauperis, filed by Scott Philip
Sigman,
Esq., the application is Denied without
prejudice
to Appellant�s right to seek relief in
the
trial court.
Algar
Ferrari Of Philadelphia v. Carl; 1883
EDA
2024; This Court directed pro se
Appellant
Bernard J. Carl to, among other
things,
praecipe the trial court Prothonotary
to
enter judgment on the decision of the
trial
court. Appellant has failed to comply
with
this Court�s Order and judgment has
not
been entered on the decision of the trial
court.
Accordingly, the above-captioned appeal
is
Quashed.
Com.
v. Kelsey; 922 EDA 2023; Appellant�s
pro
se September 9, 2024 �Complaint That
Existing
Counsel Has Abandoned Appellant,�
Appellant�s
pro se September 30, 2024 filing,
and
in light of the October 10, 2023, April 15,
2024,
and August 16, 2024 Orders of this Court,
the
PCRA court is Ordered to enter a ruling on
the
motion to withdraw as counsel filed in the
PCRA
court on May 30, 2024 by James Richard
Lloyd,
III, Esq., appointing substitute counsel
or
conducting a waiver of counsel hearing if
necessary,
within fourteen (14) days of the date
that
this Order is filed.
In
The Interest Of: Z.H.-D., A Minor Appeal
Of:
Z.H.-D., Minor; 1462 EDA 2024;
Appellant
counsel�s �Application for Correction
of
the Original Record�/ filed October 15,
2024,
is Granted. On or before October 28,
2024,
the trial court is directed to file a supplemental
certified
record that shall include both
the
February 5, 2024 Notes of Testimony and
DHS�
Petition for Permanent Legal Custody
filed
with the trial court on October 24, 2023.
Com.
v. Kearney; 1309 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 December 23, 2024.
N.E.G.
v. J.Z.M.; 2078 EDA 2024; Appeal has
been
taken by Mother from the June 13, 2024
order
at trial court sequence 1026 that, in
pertinent
part, finds Mother in contempt and
imposes
sanctions. Counsel Rizzo�s �Application
to
Correct Record�, filed October 2, 2024 is
hereby
Denied, in part and Granted, in part.
On
or before October 28, 2024. the trial court
is
directed to electronically file with this Court
a
supplemental certified record that includes
the
trial court opinion, dated August 22, 2024,
that
addresses Mother�s appeal from the June
13,
2024 Order, captioned at appeal docket
2078
EDA 2024.
Algar
Ferrari Of Philadelphia v. Carl; 1885
EDA
2024; Appellant Bernard J. Carl to,
among
other things, praecipe the trial court
Prothonotary
to enter judgment on the decision
of
the trial court. Appellant has failed to
comply
with this Court�s Order and judgment
has
not been entered on the decision of the trial
court.
Accordingly, the above-captioned appeal
is
Quashed. The Prothonotary of this Court is
Directed
to send a copy of this Order to the
Honorable
Gail A. Weilheimer and the parties.
Gray
v. Perry; 2298 EDA 2024; Appellant purports
to
appeal from the August 5, 2024 judgment
of
non pros and a prior interlocutory
order
opening/striking default judgment. Relief
from
judgment of non pros, however, must be
sought
by filing a petition to open and/or strike
the
judgment. Appellant did not petition to
open
and/or strike the judgment of non pros
and,
instead, appeals from the judgment of non
pros
and a prior interlocutory order, Appellant
was
directed to show cause as to why the
appeal
should not be quashed. Appellant timely
responded,
but the response is legally insufficient
to
support appealability. Accordingly, the
appeal
is Quashed.
Scheibe
v. Woodloch Resort; 1478 EDA 2024;
The
application of Appellee, Woodloch Resort,
Woodloch
Hospitality, et al, for extension of
time
to file Brief the application is hereby
granted.
Appellee�s Brief shall be filed on or
before
December 9, 2024.
Algar
Ferrari Of Philadelphia v. Carl; 1884
EDA
2024; Appellant Bernard J. Carl to,
among
other things, praecipe the trial court
Prothonotary
to enter judgment on the decision
of
the trial court. Appellant has failed to
comply
with this Court�s Order and judgment
has
not been entered on the decision of the
trial
court. Accordingly, the above-captioned
appeal
is Quashed.
Com.
v. Rosario; 746 EDA 2024; Appellant
Miguel
Rosario�s October 7, 2024 pro
se
Petition to Proceed In Forma Pauperis,
Application
for Extension of Time to File
Brief,
and Application to File Reduced Number
of
Copies - Appellant Brief and Reproduced
Records,
we hereby order the Prothonotary of
this
Court to docket these filings as motions for
this
panel�s consideration.
Hagelauer
v. Main Line Emergency Medicine
Associates;
2064
EDA 2024; The application
of
Appellant, Kelly Hagelauer, for extension
of
time to file Brief the application is hereby
granted.
Appellant�s Brief shall be filed on or
before
December 12, 2024.
Com.
v. Stevens; 3009 EDA 2023; the letter of
David
v. Stevens dated September 24, 2024,
we
remand this case to the Court of Common
Pleas
for a hearing pursuant to Commonwealth
v.
Grazier, 713 A.2d 81 (Pa. 1998), and a determination
of
whether Stevens is competent to
waive
his right to counsel and represent himself
in
this direct appeal, within 30 days of entry of
this
Order. Panel jurisdiction retained.
Com.
v. Everett; 898 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
December 16, 2024.
Com.
v. McMunus; 2408 EDA 2024; Appellant�s
September
20, 2024 �Application To Withdraw
Notice
Of Appeal,�filed by John Anselm Julian,
Esq.,
the application is accepted as a praecipe
to
discontinue under Pa.R.A.P. 1973, and the
appeal
is hereby Discontinued.
Com.
v. Cruz; 1529 EDA 2024; Appellant�s
pro
se September 23, 2024 �Application
for
Extension of Time to File Brief and/or
Application
for Stay of Proceedings,� the application
is
Dismissed as moot in light of the
August
27, 2024 and October 4, 2024 Orders of
this
Court addressing Appellant�s requests for
consolidation,
documents and transcripts, and
vacating
Appellant�s briefing schedule.
Com.
v. Bernard; 1921 EDA 2024; Consideration
of
the September 24, 2024 �Appellant�s Motion
To
Withdraw Appeal,� filed by Earl G.
Kauffman,
Esq., the motion is accepted as a
praecipe
to discontinue under Pa.R.A.P. 1973,
and
the appeal is hereby Discontinued.
Com.
v. Fata; 563 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
December
17, 2024.
Com.
v. Sattar; 1724 EDA 2024; The application
of
Appellant, Dale Sattar, 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 December 16, 2024.
Pipolo
v. Fish; 956 EDA 2024; Appellants� unopposed
application
for relief seeking to submit
this
case on the briefs.
In
The Interest Of: A.B., A Minor Appeal
Of:
J.W., Mother; 2495 EDA 2024; Matters
indicates
that these appeals involve related
parties
and issues. Accordingly, the appeals at
Nos.
2495 EDA 2024, 2496 EDA 2024, 2497
EDA
2024, and 2498 EDA 2024 are hereby
Consolidated.
Brophy
v. Belfi; 2056 EDA 2024; Consideration
of
the October 9, 2024 �Motion to Reconsider�
(docketed
as �Application for Reconsideration
of
Order�) filed by pro se Appellant Alexander
Belfi,
the application is Denied.
James
v. McManus; 1162 EDA 2024; The trial
court
questioned the jurisdiction of this Court,
noting
that its order of March 21, 2024, was
not
a final order, but rather a clarification of its
April
17, 2023, order. The trial court requested
we
quash this appeal as an improper interlocutory
appeal.
Neither party addressed the
issue
of this Court�s jurisdiction in their briefs.
Accordingly,
the parties have seven days from
the
date of this order to file addendums of not
more
than ten pages addressing the appealability
of
the March 21, 2024, order and should be
prepared
to address this issue at oral argument.
Com.
v. Talbert; 2004 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 December 17, 2024.
Com.
v. Ortiz; 2946 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
December 30, 2024.
Com.
v. Cole; 1264 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
December 30, 2024.
Com.
v. Gonzales; 214 EDA 2024; The application
of
Appellant, Ramon Gonzales, 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
December
16, 2024.
Com.
v. Walsh; 1274 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
January 7, 2024.
Clemmons
v. Randy Lehr, and Ecore
International,
Inc.; 1426 EDA 2024; The
application
of Appellant, Patrick Clemmons
and
Melissa Clemmons (h/w), for extension
of
time to file Brief the application is hereby
granted.
Appellant�s Brief shall be filed on or
before
November 4, 2024.
N.E.G.
v. J.Z.M.; 2079 EDA 2024; Appellant�s
counsel
has failed to file a completed docketing
statement
in the above-captioned appeal as
required.
This appeal is taken by Counsel, on
behalf
of Mother, from the June 18, 2024 Order
that
addresses Father�s Emergency Petition for
Special
Relief and for Contempt, Sanctions,
and
Counsel Fees. The June 18th Order finds
Mother
in contempt and establishes a temporary
custody
order as to parties Child, J.M. and
directs
v[t]his matter shall be consolidated with
the
pending custody matter.� It does not appear
that
the June 18th Order is final or otherwise
appealable.
Com.
v. Kelly; 892 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
December
16, 2024.
APPEALS
FILED
Com.
v. Hill; 2635 EDA 2024; from order of
Phila
Cty; CP-51-CR-0303621-2001.
Experity
Ventures, LLC, et. al. v. Adler; 2636
EDA
2024; from order of Phila Cty; 000239.
Com.
v. Holder; 2637 EDA 2024; from order of
Phila
Cty; CP-51-CR-11307-2014; L. Bozzelli.
SPCA
v. Keeley; 2638 EDA 2024; from order of
Phila
Cty; 240700112.
Com.
v. Kohli; 2639 EDA 2024; from order of
Chester
Cty; CP-15-CR-2973-2023; S. Kellis.
Com.
v. Pena-Paradis; 2640 EDA 2024; from
order
of Lehigh Cty; CP-39-CR-3134-2023;
J.
Velander.
Com.
v. Huertas; 2641 EDA 2024; from order of
Berks
Cty; CR-1251-2015.
Com.
v. Phipps; 2642 EDA 2024; from order
of
Bucks Cty; CP-09-CR-0001753-2022; B.
Keagy.
Com.
v. Phipps; 2643 EDA 2024; from order
of
Bucks Cty; CP-09-CR-0000017-2022; B.
Keagy.
Com.
v. Phipps; 2644 EDA 2024; from order
of
Bucks Cty; CP-09-CR-0001702-2022; B.
Keagy.
Com.
v. Phipps; 2645 EDA 2024; from order
of
Bucks Cty; CP-09-CR-0003134-2022; B.
Keagy.
Com.
v. Phipps; 2646 EDA 2024; from order
of
Bucks Cty; CP-09-CR-0002070-2022; B.
Keagy.
Com.
v. Brooks; 2647 EDA 2024; from order of
Phila
Cty; CP-51-SA-0001135-2024.
Com.
v. Conde; 2648 EDA 2024; from order of
Phila
Cty; CP-51-CR-00001687-2021.
Com.
v. Marberger; 2649 EDA 2024; from order
of
Bucks Cty; CP-09-CR-100-2023; E. Winter.
Com.
v. Thomas; 2650 EDA 2024; from order
of
Phila Cty; CP-51-CR-0001243-2024; A.
Marcus.
Com.
v. Purdie; 2651 EDA 2024; from order
of
Phila Cty; CP-51-CR-0002343-2023; A.
Marcus.
Com.
v. Raport; 2652 EDA 2024; from order
of
Delaware Cty; CP-23-CR-2808-2021; T.
Mosser.
Com.
v. Haynes; 26532611 EDA 2024; from order
of
Delaware Cty; CP-23-CR-0003824-2022; T.
Kenny.
Com.
v. Dauty; 2654 EDA 2024; from order of
Phila
Cty; CP-39-CR-0004250-22.
Williams
v. Com.; 2655 EDA 2024; from order
of
Lehigh Cty; CP-39-CR-0004392-2023.
Com.
v. Dingle; 2656 EDA 2024; from order of
Phila
Cty; CR-0001917-2023.
In
The Interest of Joshua Lopez, A Minor;
2657
EDA 2024; from order of Phila Cty;
CP-51-JV-0000248-2024;
B. McCarthy.
Pimentel
v. Crawford; 2658 EDA 2024; from
order
of Phila Cty; CR-2024-008121.
Webb
v. Weis Markest, Inc.; 2659 EDA 2024;
from
order of Montgomery Cty; 2021-15356;
E.
Steckerl.
Gokhman
v. Huang; 2660 EDA 2024; from
order
of Phila Cty; 00410; C. Sopin.
Com.
v. Hawkins; 2661 EDA 2024; from order
of
Phila Cty; CP-51-CR-0001241-2022; G.
Amoriello.
Bush
v. Adams; 2664 EDA 2024; from order of
Chester
Cty; 2021-05273-RC.
Com.
v. Brokwatz; 2665 EDA 2024; from order
of
Phila Cty; CP-45-CR-577-2023.
Com.
v. Bellesen; 2666 EDA 2024; from order
of
Phila Cty; CP-51-CR-0005434-2021; A
Marcus.
Kovalev
v. Brixmor Rossevelt Mall Owner,
LLC;
2667
EDA 2024; from order of Phila
Cty;
03609.
Affum
v. City of Philadelphia; 2668 EDA 2024;
from
order of Phila Cty; 00351.
Mullin
v. Ilayas; 2669 EDA 2024; from order of
Phila
Cty; 1963; K. Saffren.
Davila
v. Lonescu; 2670 EDA 2024; from order
of
Northampton Cty; DR-0031621.
Good
v. Woltz; 2671 EDA 2024; from order of
Bucks
Cty; 2024-02484.
Com.
v. Amenuvor; 2672 EDA 2024; from order
of
Monroe Cty; 1859 CR 1999.
Com.
v. Pahula; 2673 EDA 2024; from order of
Northampton
Cty; CP-48-CR-0000710-2024;
C.
Kollet.
Com.
v. Pahula; 2674 EDA 2024; from order of
Northampton
Cty; CP-48-CR-0000711-2024;
C.
Kollet.
Com.
v. Boozer; 2675 EDA 2024; from order of
Phila
Cty; CP-51-CR-0005854-2012.
Com.
v. Early; 2676 EDA 2024; from order of
Phila
Cty; CP-51-CR-00002025-2013.
Ortiz-Millain
v. Martinez-Pereira; 2677 EDA
2024;
from order of Lehigh Cty; 2024-FC-
0574.
In
the Interest of: DBW and DBW Appeal of:
JPW;
2678
EDA 2024; from order of Phila Cty;
CP-51-Ap-0000730-2024.
In
The Interest of: Z.G. Appeal of: Z.G.1;
2679
EDA 2024; from order of Phila Cty;
CP-51-JV-0000047-2024;
A. Marcus.
Wilson
v. Storage Asset Management Inc.;
2680
EDA 2024; from order of Montgomery
Cty;
2022-13237; K. Saffren.
Com.
v. Spurgeon; 2681 EDA 2024; from order
of
Bucks Cty; CP-09-CR-0004651-2022.
Hemispherx
Biopharma, Inc v. BioLife Plasma
Services,
L.P; 2683 EDA 2024; from order of
Phila
Cty; 1858.
State
Farm Fire & Casualty Company v.
Russell;
2684
EDA 2024; from order of Phila
Cty;
00070; T. Kenny.
Com.
v. Adams; 2685 EDA 2024; from order
of
Phila Cty; CP-51-CR-0006819-2022; M.
Parkinson.
Com.
v. Williams; 23686 EDA 2024; from order
of
Phila Cty; CP-51-CR-0003608-2023; A.
Marcus.
Com.
v. Yoon; 2687 EDA 2024; from order of
Phila
Cty; CP-51-CR-0004568-2024.
Com.
v. Porter; 2688 EDA 2024; from order
of
Phila Cty; CP-51-CR-0005914-2022; D.
Turner.
Com.
v. Fairiror; 2690 EDA 2024; from order
of
Phila Cty; CP-51-CR-7875-2022; G.
Yacoubian.
Com.
v. Blackwell; 2691 EDA 2024; from order
of
Phila Cty; CP-51-CR-0007666-2021; L.
Goode.
Com.
v. Buskirk; 2692 EDA 2024; from order
of
Phila Cty; CP-51-CR-0003605-2021; A.
Marcus.
Com.
v. Russell; 2709 EDA 2024; from order of
Northampton
Cty; CR-783-2020.
Com.
v. Russell; 2710 EDA 2024; from order of
Northampton
Cty; CR-2849-2019.
Schnell
v. Campbell; 2730 EDA 2024; from
order
of Bucks Cty; 2023-06571; B. Nemee.
Com.
v. Stokes; 2693 EDA 2024; from order of
Phila
Cty; CP-51-CR-0008304-2016.
Com.
v. Young; 2694 EDA 2024; from order of
Phila
Cty; CP-51-CR-0503112-1999.
Com.
v. Hart; 2695 EDA 2024; from order of
Phila
Cty; CP-51-CR-0905971-1995.
Com.
v. Keeling; 2696 EDA 2024; from order of
Phila
Cty; CP-51-CR-1111571-1994.
Com.
v. Keeling; 2697 EDA 2024; from order of
Phila
Cty; CP-51-CR-1111581-1994.
Com.
v. Keeling; 2698 EDA 2024; from order of
Phila
Cty; CP-51-CR-1111591-1994.
Com.
v. Hussmann; 2699 EDA 2024; from order
of
Phila Cty; CP-51-CR-0804521-1980.
Com.
v. Roman; 2700 EDA 2024; from order
of
Chester Cty; CP-15-CR-3288-21; B.
McCarthy.
Com.
v. Roman; 2701 EDA 2024; from order
of
Chester Cty; CP-15-CR-3306-21; B.
McCarthy.
Com.
v. Smith; 2702 EDA 2024; from order of
Pike
Cty; 328-2020.
Com.
v. Smith; 2703 EDA 2024; from order of
Pike
Cty; 075-2021.
In
the Interest of: Ceniece EL; 2704 EDA
2024;
from order of Phila Cty; CP-51-
AP-0000234-2024.
In
Re: AN Appeal of: NN; 2705 EDA 2024; from
order
of Phila Cty; CP-51-DP-0000330-2023;
L.
Walters.
Baker
v. Baker; 2706 EDA 2024; from order of
Phila
Cty; A06-19-60902.
Com.
v. Russell; 2707 EDA 2024; from order of
Phila
Cty; 48-CR-783-2020.
In
Re: Estate of Robert Torrens; 2708 EDA
2024;
from order of Dealware Cty; 292 of 2021.
Com.
v. Marring; 2712 EDA 2024; from order of
Northampton
Cty; SA175-2024.
Com.
v. Annable; 2713 EDA 2024; from order
of
Chester Cty; CP-15-CR-3306-2022; S.
Werner.
Capizzi
v. McVeigh; 2743 EDA 2024; from
order
of Phila Cty; 2024-00316; J. Larkin.