Superior Court
OPINIONS
FILED
December
7, 2022
DUBOW,
J.
Gruca
v. Clearbrook Community Services Association, Inc.; No. 64 WDA 2022; Appeal
from the Judgment Entered March 11, 2022 In the Court of Common Pleas of Butler
County Civil Division at No(s): No. 18-11135; Judgment affirmed.
December
6, 2022
COLINS,
J.
Erie
Insurance Exchange v. United Services Automobile Association; No. 1482 WDA
2021; Appeal from the Judgment Entered November 12, 2021 In the Court of Common
Pleas of Erie County Civil Division at No(s): No. 12888-18; Order affirmed.
Judge Olson joins this Opinion. Judge Dubow files a Dissenting Opinion.
BOWES,
J.
In
The Interest Of: K.L., A Minor Appeal Of: L.B. A/K/A T.B.; No. 1552 EDA 2022;
Appeal from the Order Entered May 20, 2022 In the Court of Common Pleas of
Philadelphia County Juvenile Division at No(s): CP-51-DP-0000839-2015; Order
vacated. Case remanded with instructions. Jurisdiction relinquished.
McCAFFERY,
J.
Merino
v. Repak; No. 135 MDA 2022; Appeal from the Order Entered December 10, 2021 In
the Court of Common Pleas of Lebanon County Civil Division at No(s):
2020-00368; Order affirmed. President Judge Emeritus Stevens joins the Opinion.
Judge Bowes Concurs in the Result.
December
1, 2022
LAZARUS,
J.
Estate
of Rita Quigley v. Pottstown Hospital, LLC.; No. 1022 EDA 2022; Appeal from the
Order Entered April 7, 2022 In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): 2107-01389; Order reversed. Case remanded. Venue of
matter transferred to Philadelphia County. Jurisdiction relinquished
November
30, 2022
STABILE,
J.
MacMiles,
LLC v. Erie Insurance Exchange; No. 1100 WDA 2021; Appeal from the Order
Entered May 25, 2021 In the Court of Common Pleas of Allegheny County Civil
Division at No(s): GD 20-007753; Order reversed. Jurisdiction relinquished.
President Judge Emeritus Bender, Judge Bowes, Judge McLaughlin, and Judge King
join the opinion. Judge Lazarus, Judge Kunselman, and Judge Nichols concur in
the result. President Judge Panella files a concurring statement in which Judge
Lazarus, Judge Kunselman, and Judge Nichols join.
PANELLA,
P.J.
Ungarean
v. CNA and Valley Forge Insurance Company; No. 490 WDA 2021; Appeal from the
Order Entered March 26, 2021 In the Court of Common Pleas of Allegheny County
Civil Division at No: GD-20-006544; Order affirmed.
STEVENS,
P.J.E.
Com.
v. Arias, Appellant; No. 543 MDA 2022; Appeal from the Judgment of Sentence
Entered February 3, 2022 In the Court of Common Pleas of Lackawanna County
Criminal Division at No(s): CP-35-CR-0001049-2020; For the foregoing reasons,
we affirm the judgment of sentence. Judgment of sentence affirmed.
ORDERS
& DECREES
PER
CURIAM
Com.
v. Powell; 97 EDA 2022; Appellant�s application for extension of time to file a
reply brief is Granted. Appellant shall file his reply brief within thirty days
of the date of this order.
Nationwide
Mutual Fire Insurance Company v. RRG Auto Wash, LLC; 1000 EDA 2022; Appellant�s
unopposed application for discontinuance is hereby Granted. The Prothonotary is
directed to mark the appeal as discontinued.
Porat
v. Temple University - of The Commonwealth System of Higher Education; 2350 EDA
2021; Appellant�s Application for Clarification and Reconsideration of Order,
said Application is Denied. Argument will be on Tuesday, November 15, 2022, or
Appellant can agree to hear the matter on briefs. Counsel shall inform the
Court of its decision no later than November 7, 2022.
Com.
v. Rosario; 21 EDA 2022; In light of the fact that the trial court has failed
to comply with this Court�s Order of May 25, 2022, the trial court is directed
to make a determination as to whether James Paul Gregor, Esquire, has abandoned
Appellant and to take further action as required to protect Appellant�s right
to appeal, including, but not limited to, appointment of new counsel. The trial
court shall transmit to this Court, within ten (10) days of the date of this
Order, written notification of all findings and any action taken. The
Prothonotary of this Court is directed to provide copies of this Order to the
Honorable Stephen M. Higgins, trial court, James Paul Gregor, Esquire,
Appellant, and the Commonwealth.
Com.
v. Benson; 684 EDA 2022; Appellant�s pro se �Motion For Change Of Appointed
Counsel,� filed August 5, 2022, is Denied. Appellant�s failure to file a pro se
or counseled response may be considered as a waiver of his right to present his
issues to this Court. The Commonwealth�s brief shall be due sixty (60) days
from the date that this Order is filed. Attorney O�Hanlon is directed to
provide a copy of this Order to Appellant.
Feng
v. Zhang; 2020 EDA 2022; This appeal has been taken from the May 26, 2022 Order
entered on the trial court docket on May 27, 2022 (�May 27th Order) addressing
discovery in the parties� ongoing divorce matter. Correspondence has been
received from the Honorable Daniel J. Clifford from the Montgomery County Court
of Pleas stating the May 27th Order is interlocutory and the above-captioned
appeal should be quashed.
Com.
v. MaCneal; 681 EDA 2022; Appellant filed a brief. On July 27, 2022, this Court
entered an Order granting the Commonwealth an extension of time to file its
brief. On August 8, 2022, the Prothonotary of this Court received an
undelivered copy of the July 27, 2022 Order that was mailed to Appellant at the
State Correctional Institution at Houtzdale. The mailing envelope is stamped
with the words �Return To Sender-Refused-Unable To Forward� and �Deceased� is
written on the envelope. The existing briefing schedule is Vacated pending
further Order of this Court.
Com.
v. Jackson; 264 EDA 2022; Appellant�s application for a third extension of time
to file briefs is Granted. Appellant�s brief is due by September 6, 2022. No
further extensions will be granted.
Com.
v. Kirschenbaum; 1236 EDA 2022; The application of Appellant, Rebecca Ellen
Kirschenbaum, for extension of time to file Brief the application is hereby
granted. Appellant�s Brief shall be filed on or before October 6, 2022.
Com.
v. Tucker-Bennett; 124 EDA 2022; Consideration of the application of Appellee,
Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions will be granted. Appellee�s
Brief shall be filed on or before November 11, 2022.
Com.
v. Smith; 1266 EDA 2022; Consideration of 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 October 31, 2022.
Com.
v. Harper; 1331 EDA 2022; Consideration of the trial court dockets, the notices
of appeal, the criminal docketing statements filed at Docket Numbers 1331 EDA
2022 and 1332 EDA 2022, and Appellant counsel�s �Application For Establishment
Of A Uniform Briefing Schedule,� filed August 11, 2022, the above-captioned
appeals are hereby consolidated.
Com.
v. Vurimindi; 2232 EDA 2021; The application of Appellee, Commonwealth of
Pennsylvania, for extension of time to file Brief the application is hereby
granted. No further extensions will be granted. Appellee�s Brief shall be filed
on or before October 27, 2022.
Com.
v. Bell; 120 EDA 2022; Application For Discontinuance,� filed by Matthew
Francis Sullivan, Esq., the parties are directed to show cause, in the form of
a letter addressed to the Prothonotary of this Court within thirty (30) days of
the date that this Order is filed, as to why this appeal should not be
dismissed as moot. The parties shall also substantiate counsel�s assertion that
Appellant is deceased with proof or by stipulation within thirty (30) days of
the date that this Order is filed.
Com.
v. Clarke; 2516 EDA 2022; According to the trial court docket, on September 2,
2022, the trial court denied the pre-trial motion to quash. On September 27,
2022, Appellant filed a pro se notice of appeal from the order denying the
pre-trial motion to quash. In light of the fact that Appellant has filed the
above-captioned appeal from the order denying a pre-trial motion to quash,
counsel for Appellant, Robert Einar Sletvold, Esquire, is directed to show
cause, within ten (10) days of the date that this Order is filed, why this
appeal should not be quashed as interlocutory.
Com.
v. Jones; 1882 EDA 2022; Consideration of the application of Appellant, Kareem
Jones, for extension of time to file Brief the application is hereby granted.
Appellant�s Brief shall be filed on or before January 12, 2023.
Com.
v. A. U.; 1634 EDA 2021; Appellant�s Application for Extension of Time to File
a Reply Brief is Granted until December 01, 2022.
Com.
v. William; 2294 EDA 2022; The trial court docket and the certified trial court
record, there is no indication that court-appointed counsel for Appellant,
Judge Hall, Esquire, was granted leave to withdraw by the PCRA court. On
January 11, 2022, Attorney Hall was appointed as counsel. The briefing schedule
is vacated pending receipt of the status of Appellant�s representation. The
Prothonotary of this Court is directed to provide copies of this Order to the
Honorable Anne Marie B. Coyle, PCRA court, Appellant, Judge Hall, Esquire, and
the Commonwealth.
Doe
v. Edge; 2492 EDA 2022; 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 November 28, 2022.
Failure to file the docketing statement by that date will lead to an order
dismissing the appeal.
Com.
v. Johnson; 791 EDA 2022; The Appellant�s pro se October 17, 2022 �Application
To Compel Lower Court To Comply Fully With This Court�s October 4, 2022 Order,�
The Prothonotary of this Court is directed to provide copies of this Order to
Angela L. Martinez, Esq., Director of the Delaware County Office of Judicial
Support.
Com.
v. Carroll; 2157 EDA 2022; Consideration of the application of Appellant, Artis
Carnel Carrol Jr., for extension of time to file Brief the application is
hereby granted. No further extensions will be granted. Appellant�s Brief shall
be filed on or before December 28, 2022.
Fullwood
v. Jackson; 1554 EDA 2022; Application for Reconsideration of this Court�s
November 7, 2022, Order dismissing the above captioned appeal, the Application
for Reconsideration is Denied.
McFadden
v. McFadden; 2198 EDA 2022; Appellee�s untimely motion for an extension of time
to file his brief is hereby DEnied. Appellee shall file his Late brief no later
than November 28. 2022.
Chen
v. Fedex Ground Package System; 2426 EDA 2022; The briefing schedule is hereby
Stayed pending consideration of the Application for consolidation.
Vazquez
v. Z&D Tour, Inc.; 2421 EDA 2022; The briefing schedule is hereby Stayed
pending consideration of the Application for consolidation.
Teets
v. United Parcel Service, Inc.; 2344 EDA 2022; The briefing schedule is hereby
Stayed pending consideration of the Application for consolidation.
Radzierez
v. Kunkle; 2223 EDA 2022l; Consideration of the application of Appellant,
Elaine Kunkle, for extension of time to file Brief the application is hereby
granted. Appellant�s Brief shall be filed on or before December 27, 2022.
Com.
v. Armstrong; 1130 EDA 2022; The application of Appellee, Commonwealth of
Pennsylvania, for extension of time to file Brief, the application is hereby
Granted. No further extensions will be granted. Appellee�s Brief shall be filed
on or before November 30, 2022.
Com.
v. Tigue; 1909 EDA 2022; In accordance with this Court�s Order of October 28,
2022, and in consideration of Appellant�s response, the issue raised by this
Court�s Order will be referred to the panel assigned to decide the merits of
this appeal and the issue will be considered by that panel.
Radzierez
v. Kunkle; 2224 EDA 2022; Consideration of the application of Appellant, Elaine
Kunkle, for extension of time to file Brief the application is hereby granted.
Appellant�s Brief shall be filed on or before December 27, 2022.
Com.
v. Jones; 1647 EDA 2022; Appellant�s application for a second extension of time
to file briefs is Granted. Appellant�s brief is due by December 19. 2022. No
further extensions will be granted.
Xue-Zhen
Chen v. Fedex Ground Package System; 2427 EDA 2022; The briefing schedule is
hereby Stayed pending consideration of the Application for consolidation.
Com.
v. Hart; 1224 EDA 2022; The Commonwealth�s application for a second extension
of time to file briefs is Granted. The Commonwealth�s brief filed October 28,
2022, is considered timely filed.
Saunders
v. Munch; 2578 EDA 2022; Application for an extension of time to file docketing
statement is Granted.
Carafa
v. Carafa; 1622 EDA 2022; Appellant�s application to vacate this Court�s
dismissal Order is Granted. This Court�s October 25, 2022 Order is Vacated, and
the above-captioned appeal is Reinstated.
Tranter
v. Z&D Tour, Inc., 1746 EDA 2022; The briefing schedule is hereby Stayed
pending consideration of the Application for consolidation.
Com.
v. Ackridge; 2186 EDA 2021; The application of Appellee, Commonwealth of
Pennsylvania, for extension of time to file Brief, the application is hereby
Granted.
Com.
v. Benitez; 517 EDA 2022; Consideration of the application of Appellee,
Commonwealth of Pennsylvania, for extension of time to file Brief the application
is hereby granted. No further extensions will be granted. Appellee�s Brief
shall be filed on or before January 20, 2023.
Com.
v. Prater; 2248 EDA 2022; Consideration of the November 14, 2022 �Application
for Extension of Time to File a Docketing Statement,� filed by pro se Appellant
Plater, the Application is Granted and the Prothonotary is Directed to accept
Appellant�s docketing statement, filed in this Court on November 16, 2022, as
timely filed.
Com.
v. Wright; 2698 EDA 2022; Appellant�s request for an extension of time to file
a response to the November 4, 2022 Order to show cause, Appellant�s response
shall be due on December 19, 2022.
Glass
v. B. Braun Medical Inc.; 67 EDM 2022; The Petition for Permission to Appeal,
improperly titled a Petition for Review, is Denied. The Ancillary Petition for
Supersedeas is Dismissed as Moot.
Com.
v. Prater; 2246 EDA 2022; Application for Extension of Time to File a Docketing
Statement,� filed by pro se Appellant Prater, the Application is Granted and
the Prothonotary is Directed to accept Appellant�s docketing statement, filed
in this Court on November 16, 2022, as timely filed.
Woods
v. Donahue; 2587 EDA 2022; Consideration of the notice of appeal and docketing
statement filed by Appellant, it is unclear whether this appeal belongs in the
Commonwealth Court. Accordingly, Appellant is directed to show cause, within
ten days of the date of this Order, why the instant appeal should not be
transferred to the Commonwealth Court.
Com.
v. Prater; 2247 EDA 2022; Application for Extension of Time to File a Docketing
Statement,� filed by pro se Appellant Prater, the Application is Granted and
the Prothonotary is Directed To accept Appellant�s docketing statement, filed
in this Court on November 16, 2022, as timely filed.
Com.
v. Lites; 447 EDA 2022; Consideration of the application of Appellee,
Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions will be granted.
Appellee�s Brief shall be filed on or before January 23, 2023.
Com.
v. Prater; 2245 EDA 2022; Consideration of the November 14, 2022 �Application
for Extension of Time to File a Docketing Statement,� filed by pro se Appellant
Prater, the Application is Granted and the Prothonotary is Directed to accept
Appellant�s docketing statement, filed in this Court on November 16, 2022, as
timely filed.
Five
Star Bank v. Chipego; 2432 EDA 2022; Application for reconsideration of the
October 7, 2022, order granting the petition for permission to appeal docketed
at No. 23 EDM 2022 is Denied.
Estate
Of Rita Quigley v. Pottstown Hospital, LLC; 1022 EDA 2022; Appellant�s motion
for publication and convert the Non-Precedential Decision to a published
Opinion. The Memorandum filed on October 28, 2022, shall be withdrawn and
refiled as an Opinion.
Falck
v. Thorley; 2442 EDA 2022; Consideration of the notice of appeal and docketing
statement filed by Appellants Karen L. Falck, Executrix for the Estate of Dyer
Alfred Lindsay Falck, Deceased and Karen L. Falck, Individually, Appellants
seek to appeal the August 24, 2022, order granting the petition for abatement
filed by Appellee Daniel Thorley as a collateral order. Appellants are 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 why the August 24, 2022, order satisfies
the collateral order doctrine.
Com.
v. Hardison; 1382 EDA 2022; Appellant�s October 31, 2022, pro se application
for reconsideration of Order is Denied. Further, as Appellant has not filed a
docketing statement in this Court, the above-captioned appeal is Dismissed for
Appellant�s failure to comply with Pa.R.A.P. 3517.
Com.
v. Thomas; 1406 EDA 2022; Consideration of this Court�s November 1, 2022 Order
directing Appellant to file an amended notice of appeal and the document filed
by Appellant on November 7, 2022, docketed as �Response to Order,� containing
the amended notice of appeal, the Prothonotary of the Court is Directed to
docket the November 7, 2022 �Response to Order� as an amended notice of appeal.
Com.
v. Serrano; 2726 EDA 2022; Application for Consolidation of Appeals,�filed by
Counsel for Appellant Serrano, the appeals docketed in this Court at 2726 EDA
2022 and 2727 EDA 2022 are Consolidated in accordance with Pa.R.A.P. 513. The
appeal docketed at 2726 EDA 2022 is designated as the lead appeal. Accordingly,
all filings for these consolidated appeals shall list both 2726 EDA 2022 and
2727 EDA 2022 in the caption but shall only be filed at 2726 EDA 2022.
Woods
v. Donahue; 2589 EDA 2022; Consideration of the notice of appeal and docketing
statement filed by Appellant, it is unclear whether this appeal belongs in the
Commonwealth Court. Accordingly, Appellant is directed to show cause, within
ten days of the date of this Order, why the instant appeal should not be
transferred to the Commonwealth Court.
Mt.
Zion African Methodist Episcopal Church Blanche Brown; 1555 EDA 2022;
Consideration of the October 3, 2022, application to dismiss filed by Appellee,
the application is Granted and the appeal is Dismissed.
Com.
v. Velez-Hemandez; 1795 EDA 2022; Consideration of the application of Appellee,
Commonwealth of Pennsylvania, for extension of time to file Brief the
application is hereby granted. No further extensions will be granted.
Appellee�s Brief shall be filed on or before January 17, 2023.
Elansari
v. Western Union; 1920 EDA 2021; It is hereby Ordered: That the application
filed September 20, 2022, requesting reargument of the decision dated September
9, 2022, is Denied.
D�Angelo
v. JP Morgan Chase Bank, N.A.; 1928 EDA 2022; Application to Supplement the
Original Record,� filed by Appellants James A. D�Angelo, Sr. and Carolyn
D�Angelo, the application is Denied without prejudice for Appellants to seek
the relief requested in the trial court. If the trial court orders
supplementation, the trial court shall certify a supplemental record and
transmit same to this Court.
Estate
Of V.E.R., Deceased Appeal Of: T.J.R.; 1515 EDA 2022; Application to Quash
Appeal filed by Appellees Bernadette Snearowski and Mary 3o D�Agostino, and pro
se Appellant�s answer thereto, the Application is Denied.
Com.
v. Diaz; 1587 EDA 2022; 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 16, 2022.
In
The Interest Of: K.K., A Minor Appeal Of: E.K., Father; 1774 EDA 2022;
Appellant�s counsel, Tracey Chambers Coleman, Esquire, filed in this Court a
petition to withdraw as counsel and a brief pursuant to Anders v. California,
386 U.S. 738 (1967), Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009), and In
re V.E., 611 A.2d 1267 (Pa. Super. 1992) (extending the Anders procedure to
appeals from decrees terminating parental rights involuntarily). Attorney
Coleman did not attach to her petition to withdraw a copy of the letter mailed
to Appellant informing him of his right to retain new counsel, proceed pro se,
or raise any additional points that he deems worthy of this Court�s attention.
Com.
v. Clark; 1635 EDA 2022; Appellant�s pro se October 24, 2022 application for
reconsideration of this Court�s October 12, 2022 Order, the application is
hereby Denied.
Com.
v. Young; 1143 EDA 2022; Application for reconsideration filed by Appellant,
following this Court�s September 16, 2022 Order dismissing the above-captioned
appeal for failure to file briefs, the application is hereby DENIED. The
application is untimely, and this Court no longer has jurisdiction.
Com.
v. Benson; 684 EDA 2022; Appellant�s pro se �Motion For Extension Of Time,�
filed September 29, 2022, is Granted. Appellant�s pro se response to the
Turner/Finley^ no-merit brief filed by Stephen Thomas O�Hanlon, Esquire, is due
within thirty (30) days of the date that this Order is filed. No further
extensions will be granted. Attorney O�Hanlon is directed to provide a copy of
this Order to Appellant.
In
The Interest Of: C.P., A Minor Appeal Of: M.B., Mother; 2514 EDA 2022;
appointed counsel for Mother. Counsel Louden has failed to PACfile a completed
docketing statement in the above-captioned appeal.
Com.
v. Way; 2316 EDA 2021; It is hereby Ordered that the application of Tanya
Kapoor to withdraw her appearance as counsel for the Commonwealth of
Pennsylvania is Granted.
Hatchigian
v. AAA Club Alliance, Inc.; 2358 EDA 2022; Application to Quash Appeal filed by
Appellee AAA Club Alliance, Inc., the application is Granted and the appeal is
Quashed. Appellee�s request for costs and counsel fees included within the
Application to Quash Appeal is Denied. Pro se Appellant�s October 3, 2022 and
October 5, 2022 Applications for Extension of Time to File Non-Brief are
Dismissed As Moot.
Townsend
v. Northampton Township, ICMA Retirement Corporation; 2208 EDA 2022; Appellant
D. Bruce Townsend filed a notice of appeal from the trial court�s order
granting summary judgment in favor of Appellee Northampton Township. The
Commonwealth Court has exclusive jurisdiction over appeals from final orders of
common pleas courts concerning actions against a local government entity.
Com.
v. Henderson; 2341 EDA 2022; Appellant was directed to show cause why the
appeal should not be quashed as untimely filed. Appellant filed a response on
October 11, 2022, but did not present legal argument to justify this Court�s
jurisdiction. A notice of appeal must be filed within 30 days of the entry of
the order being appealed.
Com.
v. Coleman; 2251 EDA 2022; Appellant�s unopposed �Motion For Remand,� filed by
Marc Robert Steinberg, Esq., and the September 15, 2022 letter of the Honorable
Thomas C. Branca requesting a remand for the filing of post-sentence motions,
the judgment of sentence is Vacated and the case is Remanded. Judgment of
sentence Vacated. Case remanded. Jurisdiction is relinquished.
Com.
v. Silas; 1489 EDA 2021; Appellant�s application, filed October 24, 2022, for
�Stay and Abeyance� of this Court�s memorandum decision filed September 21,
2022, is hereby Denied, as the claims raised in his application are not
relevant to this Court�s conclusion that his serial PCRA petition was untimely.
Com.
v. McClain; 1239 EDA 2022; Motion For Extension Of Time,� received on July 28,
2022, �Application For Leave To Proceed In Forma Pauperis On Appeal,� received
on August 1, 2022, and the PCRA court�s response received by this Court on
September 19, 2022, the following is Ordered.
Com.
v. Dillard; 1887 EDA 2021; The Prothonotary of this Court is directed to
forward Appellant�s pro se motion, filed on September 22, 2022, to his counsel,
David Wesley Cornish, Esq. Commonwealth v. Ellis, 626 A.2d 1137 (Pa. 1993)
(disapproving of pro se filings by counseled appellants); Commonwealth v.
Jette, 23 A.3d 1032 (Pa. 2011) (reconfirming Commonwealth v. Ellis, 626 A.2d
1137 (Pa. 1993). Attorney Cornish is directed to forward copies of this Order
to Appellant.
Com.
v. Jacob; 2087 EDA 2022; Appellant was directed to show cause why the instant
appeal should not be dismissed as duplicative of the appeal docketed at No.
2085 EDA 2022. Appellant filed a response on October 13, 2022, but did not
present legal argument to justify this Court�s jurisdiction. Because the instant
appeal is duplicative of the appeal docketed at No. 2085 EDA 2022 the above
captioned appeal is hereby Dismissed as duplicative. Appellant�s September 15,
2022 �Motion Consolidate Appellant�s Appeals Pursuant to Rule of Appellant
Procedure 513,� is hereby Denied as moot.
Com.
v. Alsbrook; 2405 EDA 2022; Appellant�s October 12, 2022, �Motion To Withdraw
As Counsel Of Record,� filed by David Wesley Cornish, Esquire, and in light of
Jason David Javie, Esquire, entering his appearance on October 14, 2022, the
following is Ordered. The Prothonotary of this Court is directed to remove
Attorney Cornish from the appeal docket.
Newport
Investment Group, LLC, v. Philadelphia Television Network, Inc.; 1954 EDA 2022;
Appellant�s Notice of Appeal and Docketing Statement, Appellant appeals from
the order dated June 21, 2022, and entered June 22, 2022 (the �Order�), that
denied Appellant�s �Motion to Enforce Orders Vacating Receivership and
Requiring Restoration of Assets.� Additionally, it is unclear whether the Order
satisfies all of the prongs of the collateral order doctrine. 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, why the appeal
should not be quashed.
Com.
v. Keller; 1757 EDA 2022; The application of Appellant, Christopher Robert
Keller, for extension of time to file Brief the application is hereby granted.
Appellant�s Brief shall be filed on or before November 30, 2022.
Com.
v. Craddock; 1134 EDA 2022; The Commonwealth�s �Application To Withdraw As
Counsel,� filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Jones; 634 EDA 2022; Appellant�s October 26, 2022 application for
reinstatement of the instant appeal, the following is hereby Ordered. This
Court�s order of October 25, 2021, which dismissed the appeal for failure to
file a brief, is Vacated.
Com.
v. Engels; 1381 EDA 2022; In accordance with this Court�s Order of September
21, 2022, and upon consideration of Appellant�s response, the issue raised by
this Court�s Order will be referred to the panel assigned to decide the merits
of this appeal and the issue will be considered by that panel. The Prothonotary
of this Court is directed to re-establish the briefing schedule.
Com.
v. Wiesenberg; 1789 EDA 2022; Appellee�s �Petition To Withdraw As Counsel,�
filed by Thomas Earl Mincer, Esq., is Dismissed as moot, in light of the fact
that the trial court already permitted counsel to withdraw. The Prothonotary of
this Court is directed to remove Attorney Mincer from the appeal docket.
Appellee shall proceed pro se in the appeal unless and until he retains private
counsel.
Com.
v. Andrauskas; 2027 EDA 2022; Appellant�s �Application To Withdraw Appeal,�
filed by Christopher 3. Serpico, Esq., is Granted. Appeal Withdrawn.
Com.
v. Andrauskas; 2029 EDA 2022; Appellant�s �Application To Withdraw Appeal,�
filed by Christopher 3. Serpico, Esq., is Granted. Appeal Withdrawn.
Rubin
v. Stewart; 2555 EDA 2021; Application to Strike,� filed by Appellee Bruce A.
Rubin, and upon noting that Appellant filed a reproduced record on October 21,
2022, the Application is Dismissed as moot. Appellant is directed to file her
reply brief, if any, on or before November 14, 2022.
Com.
v. Andrauskas; 2024 EDA 2022; Appellant�s �Application To Withdraw Appeal,�
filed by Christopher J. Serpico, Esq., is Granted. Appeal Withdrawn.
Kins
v. Amoroso; 101 EDM 2022; Petitioner�s pro se �Interlocutory Request For
Mandamus Intervention,� the PCRA court is hereby directed to process the
October 11, 2022 filing in the PCRA court of the same name as a notice of
appeal from the September 14, 2022 order dismissing the Post-Conviction Relief
Act Petition.
In
The Interest Of: N.K., A Minor Appeal Of: N.K., Minor; 1904 EDA 2022;
Appellant�s �Second Petition To Remand For Trial Court To Accept Statement Of
Errors Nunc Pro Tunc,� filed by the Defender Association of Philadelphia, the
juvenile court is directed to file an opinion pursuant to Pa.R.A.P. 1925(a) in
response to Appellant�s August 31, 2022 Pa.R.A.P. 1925(b) statement. The
juvenile court shall include the said Rule 1925(b) statement and opinion in the
certified record and transmit the record to the Superior Court within thirty
(30) days of the date that this Order is filed.
Com.
v. Brown; 1621 EDA 2022; Appellant�s Motion For Remand Pursuant To 18 PA. C.S.
9122(a)(l)(2)� is Denied.
Com.
v. Heath; 801 EDA 2022; Appellant�s pro se �Motion Made To The President Judge
For Status Update On Pro Se Response To Cause� is Denied, in light of the fact
that the Order to show cause was discharged on September 15, 2022 and the
appeal was dismissed on October 12, 2022.
Com.
v. Lee; 547 EDA 2022; The application of Appellee, Commonwealth of
Pennsylvania, for extension of time to file Brief the application is hereby
granted. No further extensions will be granted. Appellee�s Brief shall be filed
on or before January 3, 2023.
Ivan
v. Ransom; 99 EDM 2022; The Petitioner�s pro se �Petition For Writ Of Habeas
Corpus Ad Subjudiciendum� is Denied without prejudice to Petitioner�s right to
seek relief in the Court of Common Pleas.
Com.
v. King; 1288 EDA 2022; The Appellant�s pro se �Motion For Relief,-� the motion
and the certified record are hereby Remanded to the PCRA court for a period of
thirty (30) days. The Prothonotary of this Court is directed to provide copies
of this Order to the Honorable Risa Vetri Ferman and the clerk of courts. The
existing briefing schedule is Vacated pending the return of the certified record
to this Court.
Com.
v. Jaquez-Jaquez; 2048 EDA 2022; 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 January 3, 2023.
In
Re: Stephen Kane Appeal Of: Stephen Kane And Vincent Kane; 1958 EDA 2022;
Appellant�s pro se �Application For Correction Of The Original Record� is
Denied without prejudice to Appellant�s right to apply directly to the Court of
Common Pleas for the requested relief.
Com.
v. Nasir; 925 EDA 2022; The application of Appellant, Ahmad Nasir, for
extension of time to file Brief the application is hereby granted. Appellant�s
Brief shall be filed on or before November 16, 2022.
Com.
v. Jacob; 2086 EDA 2022; Appellant was directed to show cause why the instant
appeal should not be dismissed as duplicative of the appeal docketed at No.
2085 EDA 2022. Appellant filed a response on October 13, 2022, but did not
present legal argument to justify this Court�s jurisdiction. Appellant�s
September 15, 2022 �Motion Consolidate Appellant�s Appeals Pursuant to Rule of
Appellant Procedure 513,� is hereby Denied as moot.
Com.
v. Wood; 136 EDA 2022; The application of Appellant, Thomas Wood, 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 January 23,
2023.
Com.
v. Jacob; 2085 EDA 2022; In accordance with this Court�s Order of September 28,
2022, and in consideration of Appellant�s response, the issue raised by this
Court�s Order will be referred to the panel assigned to decide the merits of
this appeal and the issue will be considered by that panel.
Com.
v. Frisch; 1860 EDA 2022; The trial court dockets, the notices of appeal, and
the criminal docketing statements filed at Docket Numbers 1860 EDA 2022 and
1861 EDA 2022, and Appellant counsel�s October 28, 2022 �Application To
Consolidate Appeals,� the above-captioned appeals are hereby Consolidated.
Com.
v. Andrauskas; 2026 EDA 2022; Appellant�s �Application To Withdraw Appeal,�
filed by Christopher J. Serpico, Esq., is Granted. Appeal Withdrawn.
In
Re: Cecelia Clinkscale v. Appeal Of: Cecelia Clinkscale; 859 EDA 2022;
Appellant�s pro se �Motion For Nunc Pro Tunc Relief On Application For Relief�
is Dismissed as moot in light of the fact that Appellant�s nunc pro tunc
application for a third extension of time to file briefs was granted on October
12, 2022, and Appellant�s briefs are due on November 14, 2022.
Com.
v. Castro; 2239 EDA 2020; The Commonwealth�s �Application To Withdraw As
Counsel.� filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Santana; 1994 EDA 2022; The application of Appellant, Zachary Santana, 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
January 2, 2023.
Com.
v. Bennett; 1782 EDA 2022; Appellant�s pro se motion, filed on October 11,
2022, is Denied.
Com.
v. Dooley; 1802 EDA 2022; The application of Appellant, Lerex R. Dooley, 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
January 13, 2022.
Com.
v. Anderson; 1902 EDA 2022; The application of Appellant, Mark Anderson, J.,
for extension of time to file Brief the application is hereby granted.
Appellant�s Brief shall be filed on or before December 14, 2022.
Smith
v. O�Brien; 837 EDA 2022; The notices of appeal, docketing statements, and
brief of Appellant, Therese T. O�Brien, Individually and as the Executrix of
the Estate of William P. O�Brien, III, consolidated appeals are taken from the
January 31, 2022 order granting Appellee Mary Kathleen Smith�s motion to compel
further deposition testimony from Ms. O�Brien.
Com.
v. Williams; 1264 EDA 2022; The Commonwealth�s �Application To Withdraw As
Counsel,� filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Fountain; 2081 EDA 2021; The Commonwealth�s �Application To Withdraw As
Counsel,� filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Fountain; 2082 EDA 2021; The Commonwealth�s �Application To Withdraw As
Counsel,� filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Lawrence; 1906 EDA 2021; The Commonwealth�s �Application To Withdraw As
Counsel,� filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Andrauskas; 2028 EDA 2022; Appellant�s �Application To Withdraw Appeal,�
filed by Christopher J. Serpico, Esq., is Granted.
Estate
Of Edmund D. Simon v. City Of Philadelphia; 2092 EDA 2022; The Prothonotary is
Directed to immediately transfer the appeal to the Commonwealth Court. All
Applications filed after the transfer Order was entered are Denied without
prejudice for Appellant to seek relief in the Commonwealth Court. As this case
is now remitted to the Commonwealth Court, the Prothonotary of this Court is
Directed to reject any further filings by Appellant for this appeal.
Com.
v. Hall; 2098 EDA 2022; Appellant�s pro se application to file reduced number of
brief copies, Appellant shall be permitted to file one (1) original and three
(3) copies of his Appellant�s brief. In addition, Appellant shall serve one (1)
copy of the Appellant�s brief on the Commonwealth.
Com.
v. Fountain; 2162 EDA 2021; The Commonwealth�s �Application To Withdraw As
Counsel,� filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Staples; 500 EDA 2022; The Commonwealth�s �Application To Withdraw As
Counsel,� filed by Tanya Shree Kapoor, Esq., is Granted.
In
The Interest Of: C.P., A Minor Appeal Of: M.B., Mother; 2512 EDA 2022; These
matters indicates that these appeals involve related parties and issues.
Accordingly, the appeals at Nos. 2512, 2513, 2514, and 2515 EDA 2022 are hereby
Consolidated.
Com.
v. Jackson; 2411 EDA 2022; The appeals docketed in this Court at 2411 EDA 2022
and 2412 EDA 2022 are Consolidated sua sponte in accordance with Pa.R.A.P. 513.
The appeal docketed at 2411 EDA 2022 is designated as the lead appeal.
Accordingly, all filings for these consolidated appeals shall list both 2411
EDA 2022 and 2412 EDA 2022 in the caption but shall only be filed at 2411 EDA
2022. The parties are Directed to each file one brief for the consolidated
appeals.
Com.
v. Fountain; 2080 EDA 2021; The Commonwealth�s �Application To Withdraw As
Counsel,� filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Bass; 420 EDA 2021; The Commonwealth�s �Application To Withdraw As Counsel,�
filed by Tanya Shree Kapoor, Esq., is Granted.
Com.
v. Thomas; 1406 EDA 2022; Appellant filed a pro se notice of appeal. The notice
of appeal stated the appeal was being taken from an order dated May 23, 2022.
There is no indication on the trial court docket that a trial court order was
entered on May 23, 2022. On October 4, 2022, this Court issued a rule 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. Appellant�s counsel responded and requested a remand to correct the
error in the notice of appeal. Accordingly, the following is hereby Ordered.
Yoshpa
v. Holland; 2490 EDA 2022; Appeal and docketing statement filed by pro se
Appellant Princess Holland, the appeal is purportedly taken from the decision
entered September 22, 2022, following entry of a non-jury verdict in favor of
Appellee Marina Yoshpa in the amount of $1,968 and awarding Appellee immediate
possession of the property. Appellant did not file post-trial motions and,
therefore, no issues have been preserved for appellate review. Accordingly,
Appellant is hereby directed to show cause, in the form of a letter addressed
to the Prothonotary of this Court with a copy to opposing counsel, why the
appeal should not be dismissed. 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.
Com.
v. Stone; 1962 EDA 2021; Appellant shall be due within thirty (30) days of the
date this Order is filed. No further extension will be granted.
Com.
v. Edwards; 2472 EDA 2022; 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 November
28, 2022. Failure to file the docketing statement by that date will lead to an
order dismissing the appeal.
Com.
v. Perry; 1968 EDA 2022; the application of Appellant, Larry L. Perry, for
extension of time to file Brief the application is hereby granted. Appellant�s
Brief shall be filed on or before December 16, 2022.
Com.
v. Fraticelli; 1869 EDA 2022; Appellant counsel�s October 21, 2022 response to
the October 12, 2022 Order to show cause, and in light of the fact that
Appellant�s pro se notice of appeal and Appellant counsel�s notice of appeal
docketed at No. 1870 EDA 2022 were both timely filed, the above-captioned pro
se appeal is hereby dismissed as duplicative of the counseled notice of appeal
docketed at No. 1870 EDA 2022.
Com.
v. Westcott; 2559 EDA 2022; 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 November
28, 2022. Failure to file the docketing statement by that date will lead to an
order dismissing the appeal.
Com.
of PA v. Wiggs; 2509 EDA 2022; 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 November 28,
2022. Failure to file the docketing statement by that date will lead to an
order dismissing the appeal.
Goraya
v. Lopez; 2499 EDA 2022; 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 November 28, 2022. Failure to
file the docketing statement by that date will lead to an order dismissing the
appeal.
In
the Int. of: J.M.R., Appeal of: C.R.; 2459 EDA 2022; 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 November 28, 2022. Failure to file the docketing statement by
that date will lead to an order dismissing the appeal.
Com.
v. Jones; 1519 EDA 2022; 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 November 28, 2022.
Failure to file the docketing statement by that date will lead to an order
dismissing the appeal.
Com.
v. William; 2294 EDA 2022; The trial court docket and the certified trial court
record, there is no indication that court-appointed counsel for Appellant,
Judge Hall, Esquire, was granted leave to withdraw by the PCRA court. On
January 11, 2022, Attorney Hall was appointed as counsel. The briefing schedule
is vacated pending receipt of the status of Appellant�s representation. The
Prothonotary of this Court is directed to provide copies of this Order to the
Honorable Anne Marie B. Coyle, PCRA court, Appellant, Judge Hall, Esquire, and
the Commonwealth.
Com.
v. William; 1960 EDA 2022; The certified trial court record, there is no
indication that court-appointed counsel for Appellant, Judge Hall, Esquire, was
granted leave to withdraw by the PCRA court. The briefing schedule is vacated
pending receipt of the status of Appellant�s representation. The Prothonotary
of this Court is directed to provide copies of this Order to the Honorable Anne
Marie B. Coyle, PCRA court, Appellant, Judge Hall, Esquire, and the
Commonwealth. Jurisdiction is retained.
PK
Property v. Kim; 2548 EDA 2022; 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 November
28, 2022. Failure to file the docketing statement by that date will lead to an
order dismissing the appeal.
Wilson,
T. v. Hannigan, J.; 2488 EDA 2022; 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 November
28, 2022. Failure to file the docketing statement by that date will lead to an
order dismissing the appeal.
Com.
v. Hollan; 2478 EDA 2022; 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 November 28, 2022.
Failure to file the docketing statement by that date will lead to an order
dismissing the appeal.
Weliver
v. Ortiz; 2347 EDA 2022; Appellant�s counsel, Christopher F. Bagnato, Esquire,
filed with this Court on November 15, 2022, a motion requesting an extension of
time of thirty days in which to file appellant�s brief, asserting that he is
unable to complete the brief because he has not received all the transcripts
from the hearings. Counsel�s motion for an extension to file appellant�s brief
is hereby Denied.
Com.
v. Tucker; 2754 EDA 2022; the appeals docketed in this Court at 2754 EDA 2022
and 2755 EDA 2022 are Consolidated sua sponte in accordance with Pa.R.A.P. 513.
The appeal docketed at 2754 EDA 2022 is designated as the lead appeal.
Accordingly, all filings for these consolidated appeals shall list both 2754
EDA 2022 and 2755 EDA 2022 in the caption but shall only be filed at 2754 EDA
2022. The parties are Directed to each file one brief for the consolidated
appeals.
Com.
v. Timbers; 2094 EDA 2022; The application of Appellant, Craig Timbers, for
extension of time to file Brief the application is hereby granted. Appellant�s
Brief shall be filed on or before January 5, 2023.
Caceres
v. Lehigh Valley Hosp.; 2531 EDA 2022; 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 November
28, 2022. Failure to file the docketing statement by that date will lead to an
order dismissing the appeal.
Com.
v. Holmes; 818 EDA 2022; The Appellant�s October 25, 2022, �Application To
Correct Record Pursuant To PA RAP 1926,� filed by Steven Michael Papi, Esquire,
the trial court is Directed to certify and transmit a supplemental record to
this Court containing the transcripts, exhibits, and documents referenced in
the Application, within twenty-one (21) days of the date that this Order is
filed.
G.V.
Homes, Inc. v. Frempong, S.; 2511 EDA 2022; 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
November 28, 2022. Failure to file the docketing statement by that date will
lead to an order dismissing the appeal.
Com.
v. Sumpter; 519 EDA 2022; The Appellee�s October 25, 2022, �Motion To Correct
Omissions In The Record Pursuant To Pa.R.A.P. 1926,� filed by Emily Lynne
Mirsky, Esquire, the trial court is directed to certify and transmit a
supplemental record to this Court containing the memorandum and transcripts
referenced in the Motion, within twenty-one (21) days of the date that this
Order is filed.
Com.
v. Mamaatkulov; 2529 EDA 2022; Application To Withdraw As Counsel,� filed by
Zak Taylor Goldstein, Esquire, and in light of Stephen Thomas O�Hanlon,
Esquire, being appointed on October 20, 2022, the following is Ordered. The
Prothonotary of this Court is directed to remove Attorney Goldstein from the
appeal docket.
Atuahene
v. Agondanou; 1494 EDA 2022; The application of Appellant, Agnes Atuahene, for
extension of time to file Brief the application is hereby granted. Appellant�s
Brief shall be filed on or before November 30, 2022.
Natividad
Fuentes v. J.H. France Refractories Company, et al.; 1938 EDA 2022; Appeal and
docketing statement filed by Appellant Natividad Fuentes and Alma Fuentes,
husband and Wife, along with Appellants� response to this Court�s October 5,
2022 show-cause Order, Appellants state that the appeal is from an order
denying a petition to strike, vacate, or open a grant of summary judgment in
favor of some, but not all, defendants. The petition appears to be a request
for the trial court to reconsider the entry of the order granting summary
judgment. An appeal will not lie from the denial of reconsideration.
Com.
v. Tunnell; 1241 EDA 2022; the application of Appellee, Commonwealth of
Pennsylvania, for extension of time to file Brief the application is hereby
granted. No Further Extensions. Appellee�s Brief shall be filed on or before
January 17, 2023.
Com.
v. Scott; 308 EDA 2022; The Appellant�s October 29, 2022, �Application For A
Brief Remand To File A Counseled Amended Notice Of Appeal, Nunc Pro Tunc, And
Counseled Supplemental Statement Of Matters Complained Of On Appeal,� filed by
Daniel Anthony Alvarez, Esquire, the following is Ordered. The request to file
an amended notice of appeal is Denied without prejudice to Appellant�s right to
raise the issue, if preserved, in Appellant�s brief or in a newly filed
application for relief that may be filed after the appeal has been assigned to
a panel of this Court that will decide the merits of the appeal.
Com.
v. Caraballo; 1694 EDA 2020; Appellant Raul Caraballo�s motion for extension of
time to file allowance of appeal is Transferred to the Supreme Court of
Pennsylvania.
Com.
v. Zimmerman; 1711 EDA 2022; It appears Appellant is still represented by
counsel. There is no indication on the trial docket that privately retained
counsel, Joseph Kevin Kelly, Esquire, was granted leave to withdraw from the
case pursuant to Pa.R.Crim.P. 120(A)(4). Also, there is no indication on the
trial court docket that the Philadelphia County Clerk of Courts complied with
Pa.R.Crim.P. 576(A)(4), by notifying counsel that Appellant had filed a pro se
notice of appeal. On two occasions August 1, 2022, and October 3, 2022,
Attorney Kelly failed to file a timely Docketing Statement.
Com.
v. Bennett; 198 EDA 2022; Appellant�s application for a third extension of time
to file briefs is Granted. Appellant�s brief is due by January 6, 2023. No
further extensions will be granted.
Ramos
v. Eaton Corporation; 1936 EDA 2022; The notice of appeal and docketing
statement filed by Appellants Adalberto Ramos and Luz Ramos, husband and wife,
along with Appellants� response to this Court�s October 5, 2022 show-cause
Order, Appellants state that the appeal is from an order denying a petition to
strike, vacate, or open a grant of summary judgment in favor of some, but not
all, defendants. The petition appears to be a request for the trial court to
reconsider the entry of the order granting summary judgment. An appeal will not
lie from the denial of reconsideration.
Walker
v. Weil-Mclain, et al.; 1929 EDA 2022; Appeal and docketing statement filed by
Appellant Lisa Walker, personal representative of the Estate of James Balliet,
along with Appellant�s response to this Court�s October 5, 2022 show-cause
Order, Appellant states that the appeal is from an order denying a petition to
strike, vacate, or open a grant of summary judgment in favor of some, but not
all, defendants. The petition appears to be a request for the trial court to
reconsider the entry of the order granting summary judgment. An appeal will not
lie from the denial of reconsideration.
Walker
v. Weil-Mclain, et al.; 1924 EDA 2022; Appeal and docketing statement filed by
Appellant Lisa Walker, personal representative of the Estate of James Balliet,
along with Appellant�s response to this Court�s October 5, 2022 show-cause
Order, Appellant states that the appeal is from an order denying a petition to
strike, vacate, or open a grant of summary judgment in favor of some, but not
all, defendants. The petition appears to be a request for the trial court to
reconsider the entry of the order granting summary judgment.
Andino
v. Allied Signal, Inc.; 1934 EDA 2022; Appeal and docketing statement filed by
Appellant Angel Andino, along with Appellant�s response to this Court�s October
5, 2022 show-cause Order, Appellant states that the appeal is from an order
denying a petition to strike, vacate, or open a grant of summary judgment in
favor of some, but not all, defendants. The petition appears to be a request
for the trial court to reconsider the entry of the order granting summary
judgment. An appeal will not lie from the denial of reconsideration. All
pending Applications are Dismissed as moot.
Com.
v. Lovelace; 2081 EDA 2022; The PCRA court entered an �Order Granting Motion
for Continuance�, and on July 12, 2022, the PCRA court entered a second �Order
Granting Motion for Continuance.� The trial court docket entries indicate both
PCRA orders reinstated post trial motion rights by agreement. Absent from the
certified trial court record are the May 17, 2022 order and the July 12, 2022
order. Accordingly, the following is Ordered.
In
The Interest Of: M.Z.S.-L, A Minor Appeal Of: R.S., Mother; 2381 EDA 2022; This
appeal has been taken from the August 16, 2022 order terminating Mother�s
parental right to her Child, M.Z.S.-L. The trial court docket reveals that the
August 16, 2022 order was mailed to Mother on August 17, 2022. Counsel Server
is directed to respond on or before November 25, 2022 as to Mother�s assertion
that Counsel did not notify Mother of her right to appeal. Counsel Server is
directed to respond in writing and copy all parties involved on your reply.
Com.
v. Miles; 2271 EDA 2022; The trial court�s docket, it appears that Appellant
was sentenced on August 26, 2022. Appellant filed a pro se notice of appeal on
August 29, 2022. Counsel for Appellant filed a timely post-sentence motion on
September 6, 2022. As of the date of this order, the trial court�s docket
reveals that post-sentence motions remain unresolved.
Com.
v. Melice; 439 EDA 2022; The pro se October 28, 2022 �Appellant�s Application
For Reargument En Banc� is Dismissed.
APPEALS
DISCONTINUED
Schaffer
v. Marshall; 1947 EDA 2022; from order of Phila Cty.
Alston
v. Wilson; 1667 EDA 2022; from order of Phila Cty.
Com.
v. Short; 2121 EDA 2022; from order of Phila Cty.
Com.
v. Gumminger; 1917 EDA 2022; from order of Delaware Cty.
Com.
v. Watkins; 1572 EDA 2022; from order of Phila Cty.