Superior Court
OPINIONS FILED & JUDGMENT ORDERS
PER CURIAM
December 11, 2024
Com. v. Torres; 530 EDA 2024; Affirmed.
Com. v. Williams; 636 EDA 2024; Affirmed.
Com. v. Kline; 1129 EDA 2024; Affirmed - Application to
Withdraw as Counsel Granted; Associated: 1130 EDA 2024.
In the Int. of: S.K., Appeal of: Chester Dept. C&Y;
1358 EDA 2024; Affirmed; Comments: Jurisdiction Relinquished.
December 10, 2024
Com. v. Farmer; 2335 EDA 2022; Affirmed.
Weiner v. Artis Senior Living; 2096 EDA 2023;
Reversed/Remanded; Comments: Jurisdiction relinquished.
Bank of New York v. Madison; 612 EDA 2024; Remanded;
Comments: Case remanded and stricken from argument list. Petition for extension
of time denied. Jurisdiction relinquished.
Com. v. Glackin; 1527 EDA 2024; Affirmed; Associated:
1647 EDA 2024.
Serrano v. Morales; 1915 EDA 2024; Appeal Dismissed;
Comments: Case stricken from argument list.
December 09, 2024
Com. v. Barrow; 2734 EDA 2023; Affirmed.
Com. v. Feliciano; 3061 EDA 2023; Affirmed.
Com. v. Cintron; 63 EDA 2024; Affirmed.
Com. v. Watts; 601 EDA 2024; Affirmed.
Com. v. Martinez; 742 EDA 2024; Affirmed.
In Re: K.C., Appeal of: K.C.; 1052 EDA 2024; Affirmed.
Bonilla v. Bonilla; 1505 EDA 2024; Affirmed.
L & M Real Estate v. Consolidated Rail Corp; 2925 EDA
2024; Affirmed.
Com. v. Flamer; 473 EDA 2024; Affirmed.
Com. v. Brinson; 898 EDA 2023; Affirmed.
Com. v. Parcell; 3084 EDA 2023; Affirmed.
December 06, 2024
Com. v. Wood; 1520 EDA 2022; Affirmed.
In the Int. of: S.D., Appeal of: S.D.; 308 EDA 2023;
Vacated/Remanded; Comments: Jurisdiction Relinquished.
Com. v. Dowdy; 435 EDA 2023; Affirmed.
Com. v. Lewis; 2482 EDA 2023; Affirmed; Comments:
Jurisdiction Relinquished.
Com. v. Duncan; 2818 EDA 2023; Affirmed.
Com. v. DiMauro; 2856 EDA 2023; Affirmed.
Rongione v. Abington Memorial Hospital; 2902 EDA 2023;
Affirmed.
Pickhaver v. Pickhaver; 730 EDA 2024; Affirmed.
December 05, 2024
Com. v. Johnson; 1235 EDA 2024; Affirmed.
Com. v. Coffee; 1669 EDA 2023; Affirmed; Associated: 1670
EDA 2023; 1671 EDA 2023; 1672 EDA 2023.
Com. v. Holmes; 2056 EDA 2023; Affirmed.
Com. v. Hudgins; 2197 EDA 2023; Vacated/Remanded;
Comments: Jurisdiction Relinquished.
Williams v. FemmePharma Consumer; 2285 EDA 2023;
Affirmed.
Com. v. Reed; 12 EDA 2024; Affirmed - Application to
Withdraw as Counsel Granted; Associated: 1709 EDA 2024; 1710 EDA 2024.
Com. v. Mertz; 351 EDA 2024; Affirmed.
Com. v. Irving; 425 EDA 2024; Affirmed.
Com. v. Green; 440 EDA 2024; Affirmed.
Com. v. Marshall; 487 EDA 2024; Affirmed; Associated: 488
EDA 2024.
Com. v. Ipina; 788 EDA 2024; Affirmed.
Com. v. Matsinger; 1071 EDA 2024; Affirmed.
In the Int. of: A.A., Appeal of: A.S.; 1182 EDA 2024;
Affirmed.
In the Int. of: A.A., Appeal of: A.K.; 1202 EDA 2024; Affirmed.
Com. v. Struble; 12131310 EDA 2024; Appeal Dismissed.
Whaley v. Stella One; 1217 EDA 2024; Remanded; Comments:
Jurisdiction relinquished. Case stricken from argument list.
Com. v. Brown; 1491 EDA 2024; Affirmed.
Com. v. Ratliff; 910 EDA 2023; Affirmed.
OPINIONS FILED
PER CURIAM
December 13, 2024
STABILE, J.
Kunkel, Appellant v. Abington Memorial Hospital; No. 2288
EDA 2023; Appeal from the Order Entered July 21, 2023 In the Court of Common
Pleas of Montgomery County Civil Division at No: 2018-26378; Order affirmed.
Judge Lane joins the opinion. President Judge Lazarus concurs in the result.
December 12, 2024
BOWES, J.
Com. v. Ransom; No. 549 MDA 2024; Appeal from the
Judgment of Sentence Entered November 8, 2023 In the Court of Common Pleas of
Franklin County Criminal Division at No(s): CP-28-CR-0000742-2020; Judgment of
sentence affirmed.
December 10, 2024
BECK, J.
Lacy Smith OBO M.T. v. Thomas; 570 WDA 2024; Appeal from
the Order Entered April 11, 2024 In the Court of Common Pleas of Blair County Civil
Division at No(s): 2024-GN-674; Order affirmed.
December 09, 2024
KING, J.
Com. v. Brinson; No. 898 EDA 2023; Appeal from the Order
Entered March 3, 2023 In the Court of Common Pleas of Delaware County Criminal
Division at No(s): CP-23-CR0003532-2021; Orders affirmed. President Judge
Emeritus Panella joins this opinion. President Judge Emeritus Stevens files a
dissenting opinion.
STEVENS, P.J.E.
Com. v. Percell; No. 3084 EDA 2023; Appeal from the
Judgment of Sentence Entered November 21, 2023 In the Court of Common Pleas of
Delaware County Criminal Division at No(s): CP-23-CR-0000603-2023; Judgment of
sentence affirmed.
STEVENS, P.J.E.
Com. v. Jenkins, Appellant; No. 1628 MDA 2023; Appeal
from the Judgment of Sentence Entered October 16, 2023 In the Court of Common
Pleas of York County Criminal Division at No(s): CP-67-CR-0002930-2022;
Judgment of sentence affirmed.
LAZARUS, P.J.
L & M Real Estate Developments, LLC, Appellant v.
Ratliff; Consolidated Rail Corporation; No. 2925 EDA 2023; Appeal from the
Order Entered October 23, 2023 In the Court of Common Pleas of Philadelphia
County Civil Division at No(s): 201201840; Order affirmed.
December 06, 2024
BOWES, J.
Com. v. Keys; No. 2754 EDA 2023; Appeal from the PCRA
Order Entered September 22, 2023 In the Court of Common Pleas of Philadelphia
County Criminal Division at No(s): CP-51-CR-1101352-1996; Affirmed.
ORDERS & DECREES
PER CURIAM
Jimenez v. Ionescu; 2945 EDA 2024; This
appeal is purportedly taken from three October 3, 2024 Orders. The first
October 3rd Order denies Appellant�s petition for recusal of the trial court
judge in the parties� child support matter. The second October 3rd Order denies
Appellant�s motion to suppress evidence and vacate judgement pursuant to
Pa.R.Crim.P. The third October 3rd Order grants Appellee�s petition for
contempt and directs Appellant to pay Appellee�s attorney counsel fees, directs
Appellee�s counsel to execute IRS forms for Taurus Star Construction from
2016-to present, and sets another hearing for October 16, 2024 to ensure
compliance or sanctions shall be imposed.
Com. v. Tyler; 2410 EDA 2024; Appellant�s November 15,
2024 response to this Court�s November 4, 2024 Order to show cause, the appeal
at Appeal Docket Number 2410 EDA 2024 is hereby dismissed as duplicative of the
counseled notice of appeal at Appeal Docket Number 1757 EDA 2024. Appellant may
raise all properly preserved issues in the appeal at Appeal Docket Number 1757
EDA 2024. Appellant�s �Motion For Stay/Remand� is
Denied as Moot.
Com. v. Raspaldo; 3182 EDA 2023; The
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief, the application is hereby Granted. No further extensions will be
granted. Appellee�s Brief shall be filed on or before January 2, 2025.
Com. v. Saxon; 2312 EDA 2024; Appellant�s November 4,
2024 �RE: Brief And Exten[s]ion Of Time,� and in light of this Court�s Order of
November 22, 2024, remanding the instant appeal for thirty days and vacating
the briefing schedule pending return of the certified record, the application
is Dismissed as Moot.
Com. v. Chappeli; 1256 EDA 2024; The
application of Appellee, Derrick Chappeli, for extension of time to file Brief
the application is hereby granted. Appellee�s Brief shall be filed on or before
December 4, 2024.
In Re: Estate of: Mary Louise O�Brien Deceased; 942 EDA
2024; Appellant having failed to file a Brief, the appeal is Dismissed.
Com. v. Sexton; 709 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 February 10, 2025.
Hagans v. Hospital Of The University Of Pennsylvania; 766
EDA 2024; Application of Appellants, Kirstin Leitner, M.D., Whitney R. Bender,
M.D., Sara Gutman, M.D., and Victoria Kroesche, R.N., for an Extension of Time
to File Their Reply Brief (First Request),� docketed as �Application for
Extension of Time to File Reply Brief,� filed by Appellants, the application is
Granted.
Marhunova v. Fitler Construction Group, LLC; 2852 EDA
2024; The notice of appeal and docketing statement filed by Appellant OCF
Construction, LLC, Appellant purports to appeal from the September 23, 2024,
order confirming the �Petition for Wrongful Death and Survival Action� with
respect to Fitler Construction Group, LLC; 2330 Sansom Street, LLC; And HSC
Construction, Inc. The trial court docket reflects that Appellant already filed
a notice of appeal at 2450 EDA 2024 from the August 30, 2024, entry of judgment
with respect to OCF Construction, LLC. The September 23, 2024, order finalized
for appellate review the judgment entered August 30, 2024.
Com. v. Tran; 785 EDA 2024; 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 December 16, 2024.
Com. v. Lay; 3125 EDA 2023; The
application of Appellee, Commonwealth of Pennsylvania, for extension of time to
file Brief, the application is hereby Granted. No further extensions will be
granted. Appellee�s Brief shall be filed on or before December 26, 2024.
Com. v. Jones; 2005 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 January 24, 2025.
Com. v. Muhammad; 1299 EDA 2024; The
application of Appellant, Commonwealth of Pennsylvania, for extension of time
to file Brief, the application is hereby Granted. No further extensions will be
granted. Appellant�s Brief shall be filed on or before December 23, 2024.
Com. v. Pena; 319 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 18, 2024.
Com. v. Watson; 727 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.
Com. v. Campbell; 251 EDA 2024; 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 December 6, 2024.
Com. v. Ginn; 301 EDA 2024; 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 December 6, 2024.
Com. v. Vasquez-Diaz; 1884 EDA 2023; Appellant�s
application for relief in which he asks this Court to allow him to amend his
latest PCRA petition is Denied.
Com. v. Brown; 1752 EDA 2024; Appellant�s pro se October
15, 2024 �Motion for Reconsideration,� filed at 1752 EDA 2024, Commonwealth v.
Raymond C. Brown, the Appellant�s prose October 31, 2024 �Motion For
Alter/Amand [sic] Court Order,� filed at 1752 and 1753 EDA 2024, Commonwealth
v. Raymond C. Brown, and the Appellant�s pro se October 31, 2024 �Motion For
Remand,� filed at 1752 and 1753 EDA 2024, Commonwealth v. Richard C. Brown, the
Prothonotary of this Court is DIRECTED to forward the three pro se motions to
Appellant�s counsel, Angelo LeRoy Cameron, Esq. See 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 Ellis, supra).
Attorney Cameron is DIRECTED to forward copies of this Order to Appellant.
Com. v. Edwards; 962 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 21, 2025.
Midfirst Bank v. Piccioni; 2596 EDA 2024; The briefing schedule is Suspended until further Order of
this Court.
Saville v. Saville; 2899 EDA 2024; This appeal is taken
from an October 2, 2024 that awards Appellee Power of Attorney to sell marital
property and directs Appellant to pay counsel fees to Appellee�s counsel in
this ongoing divorce matter. The October 2nd order does not appear to be final
or otherwise appealable in light of the fact that there has been no entry of a
Divorce Decree nor have all economic claims been resolved.
Morris v. Sarah; 2191 EDA 2024; This appeal has been
taken from the July 11, 2024 order that sustained Mother�s preliminary
objection to Recommendation of the Parenting Coordinator dated April 24, 2024
concerning right of first refusal, marked null and void Parental Coordinator
recommendation contained in April 24, 2024 recommendation under item (1), and
clarified the September 21, 2023 custody order.
Com. v. Ballayan; 1681 EDA 2024; The
application of Appellant, Henry Ballayan, 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 27, 2024.
Com. v. Moses; 981 EDA 2024; The application of
Appellant, Rache Moses, for extension of time to file Brief the application is
hereby Granted In Part. No further extensions shall be granted absent
extenuating circumstances. Appellant�s Brief shall be filed on or before
January 31, 2025.
Com. v. Robinson; 2215 EDA 2024; The
application of Appellant, Mr. Kevin Robinson, for extension of time to file
Brief the application is hereby granted, In Part. No further extensions shall
be granted absent extenuating circumstances. Appellant�s Brief shall be filed
on or before February 14, 2025.
Com. v. Green; 1645 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 21, 2025.
Altman v. County of Montgomery; 2296 EDA 2024; The
application of Appellant, Jonathan Altman, for extension of time to file Brief
the application is hereby granted. Appellant�s Brief shall be filed on or
before January 6, 2025.
Kern v. B. Braun Medical, Inc.; 307 EDA 2024; The application of Appellant, Cynthia Kern and William Kern
(w/h), for extension of time to file Brief the application is hereby granted.
Appellant�s Brief shall be filed on or before December 26, 2024.
Com. v. Bennett, Jr.; 1906 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 January 6, 2025.
Prah-Ruger v. Ruger; 1715 EDA 2024; On November 15, 2024,
this Court entered an order that, in pertinent part, ordered Mother to file her
Appellant brief no later than November 21, 2024 and �[f]ailure to file her
brief by that date will result in this Court dismissing the appeal.� Appellant
has failed to file her Appellant brief as ordered. Accordingly, the appeal at
1715 EDA 2024 is hereby Dismissed. Appellant�s
�Application for Reconsideration�, filed November 20, 2024, is Dismissed as Moot. Even if not Dismissed
as Moot the application would be Denied.
Reiss v. Walter Stanley Reiss; 2860 EDA 2024; Appellant�s
�Application Proceed In Forma Pauperis�, filed October 31, 2024, is hereby
Denied without prejudice for Appellant to seek the requested relief in the
trial court.
Prah-Ruger v. Ruger; 2150 EDA 2024; In light of the fact
that on November 20, 2024 this appeal was dismissed for failure to file
Appellant�s brief, Appellant�s �Application for Reconsideration�, filed
November 20, 2024, is Dismissed as Moot. Moreover, even if not Dismissed as Moot the Application would be Denied.
Henderson v. Kardosh; 2486 EDA 2024; On October 31, 2024,
this Court entered a show cause order directing Appellant to respond as to the
order on appeal and its appealability. Although Appellant�s Notice of Appeal
stated she was appealing an August 2034 Order, Appellant attached to her Notice
of Appeal a July 17, 2024 Order that denied without prejudice Appellant�s
Motion to Strike the drug test results noting �[a] custody trial is scheduled
in this matter before the undersigned for November 2024. The court will allow Defendant
Kardosh to present evidence at trial, if admissible, regarding her present or
past drug use or abuse.�
In The Interest Of: V.E.H., A Minor Appeal Of: C.A.M. And
R.B.M; 2284 EDA 2024; Appellants� �Application for Relief�, filed November 12,
2024, seeking to obtain copies of the transcripts for the May 16, 2024 and May
30, 2024 hearings rather than view the transcripts in person in the Superior
Court Prothonotary�s Office in light of the fact that the trial court has
sealed both transcripts and therefore the transcripts are inaccessible to
Counsel on the Superior Court docket and in light of the fact that this is a
Children�s Fast Track appeal with Appellants� brief due on December 4, 2024, it
is hereby Ordered. Appellants� Counsel is directed to file the requested relief
in the trial court on order before December 2, 2024.
Com. v. McGriff; 2066 EDA 2024; Appellant�s Motion for
Remand and Reassignment,� filed by Karl David Schwartz, Esq., the motion is
Denied without prejudice to Appellant�s right to again raise the request for
remand in the motion before the panel of this Court assigned to decide the
merits of the appeal by either refiling the motion in writing once the case has
been assigned to a panel or by raising the issue in the Appellant�s brief.
Com. v. Harrison-El; 2494 EDA 2024; Appellant�s pro se
November 4, 2024 motion, the documents attached to the motion are accepted as a
supplement to Appellant�s October 29, 2024 criminal docketing statement.
Trinkley v. Stahler; 2513 EDA 2024; Appellant was ordered
by this Court to file her 1925(b) Statement with the trial court, trial court
judge, all parties, and this Court no later than November 12, 2024. Appellant
was cautioned that a failure to comply shall result in dismissal of her appeal
without further notice of court. Appellant has failed to file her 1925(b)
Statement as ordered. Accordingly, the appeal at 2513 EDA 2024 is hereby Dismissed.
Com. v. Smith; 1644 EDA 2024; On September 24, 2024, the
Appellant�s counsel, Jillian Kochis, Esq., 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,
counsel is ORDERED to file the paper copies of Appellant�s September 24, 2024
brief within seven (7) days of the date that this Order is filed or the brief
shall be Stricken.
Com. v. White; 415 EDA 2024; Appellant�s November 2, 2024
�Application for correction of record, and that this Court accept Appellant�s
errata sheet in order to correct a scrivener�s error in Appellant�s merit
brief,� the �Errata Sheet� in the appendix of the application, is accepted.
N.E.G. v. J.Z.M.; 611 EDA 2024; A
review of the docket reveals that the above-captioned appeal is listed as
related to the appeals at A28022-24 and A28023-24. Because A28022-24 and
A28023-24 were recently continued, we direct the Prothonotary to remove
A28024-24 from the A28/24 list and relist it consecutive to A28022-24 and
A28023-24 on the panel to which these cases will be reassigned.
Com. v. Furman; 2594 EDA 2023; Appellant�s October 30,
2024 pro se motion, the motion is Dismissed as moot, in light of the fact that
on October 8, 2024, the Commonwealth was granted an extension of time to file
the Appellee�s brief which is currently due on or before December 9, 2024.
Com. v. Johnson; 1310 EDA 2024; Appellant�s pro se
November 20, 2024 �Motion To Review The Record Inventory List,� the PCRA court
is Directed to provide Appellant with copies of the list of the record
documents pursuant to Pa.R.A.P. 1931(d) (regarding service of the list of
record documents) within seven (7) days of the date that this Order is filed.
The Prothonotary of this Court is directed to provide copies of this Order to
the Honorable Kevin F. Kelly and the Delaware County clerk of courts.
Com. v. Johnson; 1310 EDA 2024; Appellant�s pro se
October 18, 2024 �Review Of Record,� the motion is Denied without prejudice to
Appellant�s right to apply directly to the PCRA court for the requested relief.
Com. v. Parks; 1200 EDA 2024; Appellant�s pro se November
4, 2024 �Application To Re-File Appellant�s Brief,� the application is Denied
in light of the fact that an Appellant�s brief has not been filed, the existing
briefing schedule was vacated on October 7, 2024, and there is currently no
briefing schedule for the Appellant�s brief.
UMB Bank, National Association v. Kimberly Lawton and Leo
Lawton; 1432 EDA 2024; The application of Appellee, UMB Bank, National
Association, for extension of time to file Brief the application is hereby
granted. Appellee�s Brief shall be filed on or before December 27, 2024.
Com. v. Whitefield; 1823 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 24, 2025.
Com. v. Lavenhouse; 2885 EDA 2024; Appellee�s �Motion to
Withdraw as Counsel,� filed by Shaka M. Johnson, Esq., the application is
Granted. The trial court is Directed to determine
Appellee�s eligibility for court-appointed counsel within sixty (60) days of
the date that this Order is filed.
Com. v. Triggiani; 595 EDA 2024; Appellant�s �Application
To Correct Omissions In The Record Pursuant To
PA.R.A.P. 1926,� filed by the Delaware County Office of the Public Defender,
the trial court is directed to certify and transmit a supplemental record to
this Court containing the Notes of Testimony from the revocation hearings
referenced in, and attached as Exhibits A and B to, Appellant�s motion, within
twenty-one (21) days of the date that this Order is filed.
Com. v. Speakman; 1110 EDA 2024; The
application of Appellant, Michael Jay Speakman, 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
February 3, 2025.
Pimentel v. Crawford; 2658 EDA 2024; Appellant Darren
Crawford, defendant below, purports to appeal from the October 7, 2024, order
denying his emergency petition for stay of eviction. The order appealed from is
not a final order. Accordingly, the appeal is Quashed.
All pending applications are Dismissed as moot.
Com. v. Flamer; 1108 EDA 2024; Appellant counsel�s
October 22, 2024 �[Second] Application For Extension
Of Time To File Brief,� and November 14, 2024 �Addendum To The Second
Application For Extension Of Time To File Brief,� the applications are hereby
Granted.
Com. v. Newman; 328 EDA 2024; 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 December 18, 2024.
Com. v. Williams; 2073 EDA 2024; Appellant�s �Petition To Correct Omissions In The Record Pursuant To PA.R.A.P.
1926,� filed by the Defender Association of Philadelphia, the trial court is
directed to certify and transmit a supplemental record to this Court containing
the July 10, 2024 probation revocation and sentencing proceedings referenced
in, and attached to, Appellant�s motion, within twenty-one (21) days of the
date that this Order is filed.
Pocono Springs Civic Association v. Beliak; 2817 EDA
2024; Pro se Appellant, Bradley Beliak, defendant below, appeals from the
September 16, 2024 nonjury verdict entered in favor of Appellee, Pocono Springs
Civic Association, plaintiff below, and against Appellant. In his docketing statement,
Appellant contends that the nonjury verdict is a final, appealable order
pursuant to Pa.R.A.P. 341.
In Re: Estate Of Joseph H. Dawson Appeal Of: Vieta
Hymans; 1557 EDA 2024; Application for Relief� filed by Participant Iconic Cash
Equity, the application is Denied. The application, however, shall be treated
as a notice of non-participation in this appeal.
Com. v. Mejia; 2171 EDA 2024; The application of
Appellant, Cesar A. Villeda Mejia, 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
February 3, 2025.
Chestnut v. Trustee; 2262 EDA 2024; the October 25, 2024
�Motion for Reasonable Accommodation� docketed as �Application for Relief,�
filed by pro se Appellant Charmaine Prater, the following is Ordered. To the
extent that Appellant requests leave of Court to amend her docketing statement,
which amended docketing statement Appellant has filed, the request to amend the
docketing statement is Granted.
Com. v. Awasom; 1191 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 24, 2025.
Angus v. Dillon; 901 EDA 2024; Application to
Dismiss/Quash Appeal,� docketed as �Application to Dismiss,� filed by Appellee
Andrew Dillon, and the response filed by Appellant Michelle Angus, the
application is Deffered to the merits panel assigned to the above-captioned
appeal.
Satiro v. American European Insurance Group; 333 EDA
2024; Application to Correct the Record,� filed by Appellant Francesco Satiro,
and noting the response filed by Appellee American European Insurance Group,
the application is Denied without prejudice for Appellant to seek the relief
requested in the trial court pursuant to Pa.R.A.P. 1926 (providing relief for
correction or modification of record). If the trial court orders corrections,
the trial court shall certify a supplemental record and transmit same to this
Court.
Com. v. Katona; 133 EDM 2024; Petition for Specialized
Review� pursuant to Pa.R.A.P. 1610, filed by Counsel for Petitioner Katona, the
following is Ordered. The trial court is Directed,
within 10 days of the date of this Order, to file of record a short statement
of reasons for its October 18, 2024 order denying Petitioner�s motion for bail
or where in the record such reasons may be found.
Com. v. Freeman; 1308 EDA 2024; The
application of Appellant, David Jonathan Freeman, 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 24, 2025.
GS Mortgage Holdings X, LLC v. Peterson; 3038 EDA 2024;
Application for Emergency Relief filed by pro se Appellant James Peterson, the
following is Ordered. The application for emergency
relief is Denied where Appellant fails to make a
strong showing that he is likely to prevail on the merits.
Com. v. Johnson; 1258 EDA 2024; The
application of Appellee, Morton Johnson, for extension of time to file Brief
the application is hereby granted. Appellee�s Brief shall be filed on or before
December 9, 2024.
Giniger v. ESA Investments, LLC; 2786 EDA 2024;
Consideration of the November 1, 2024 �Application to Quash� filed by
Appellees, and the answer thereto, the application is Granted.
JB Taylor Enterprises, LLC v. Staton; 1821 EDA 2024;
Application to Dismiss filed by Appellee JB Taylor Enterprises, LLC, and noting
no response filed thereto, the application is Granted and the appeal is
Dismissed based on Appellants� failure to file a brief.
Com. v. Saxon; 2312 EDA 2024; Consideration of the
November 7, 2024 �Re: Transcripts, Briefs and PCRA�s missed,� filed by pro se
Appellant Saxon, wherein Appellant seeks to amend the certified record index
and supplement the record with additional documents, the following is Ordered.
The Prothonotary of this Court is Directed to forward
a copy of the Motion to the Honorable Robert O. Baldi. The trial court is Directed to notify this Court in writing within 30 days of
the date of this Order as to its factual findings and as to all actions taken
in this matter.
Pingora Loan Servicing, LLC v. Winters; 1433 EDA 2024;
Consideration of the November 4, 2024, �Petition for Oral Argument,� docketed
as �Application for Oral Argument,� filed by Appellant Jason Winters, and
noting no response thereto, the Application is Granted and the case shall be
placed on the daily list for standard argument.
Harris v. Blake Gastroenterology, LLC; 1263 EDA 2024;
Consideration of the November 4, 2024 �Application for Dismissal,� docketed as
�Application to Dismiss,� filed by Appellees, defendants below, and noting an
objection thereto filed by Appellant, Mark Frog Harris, the application is
Denied without prejudice to Appellees� right to again raise these issues in
their appellate brief or in a new application that may be filed after the
appeal has been assigned to the panel of this Court that will decide the merits
of the appeal.
1500 Locust Owner LLC v. Petway; 2850 EDA 2024;
Consideration of the notice of appeal filed by Appellant, Jewel Petway,
Appellant appeals from the October 22, 2024 non-jury verdict entered in favor
of Appellee, plaintiff below. A review of the trial court docket reveals that
Appellant did not file post-trial motions. Because Appellant did not file
post-trial motions, it appears that all issues have been waived. Accordingly,
Appellant is directed to show cause, in a response filed of record in this
Court with a copy to opposing counsel, as to why the appeal should not be
quashed or dismissed due to waiver. The response shall be filed within fourteen
(14) days of the date of this Order. Failure to comply with this Order may
result in quashal or dismissal of the appeal without further notice.
Com. v. Wilson; 2180 EDA 2024; Consideration of the pro
se notice of appeal which fails to state the date of the order being appealed,
Appellant is directed to show cause, in a response filed of record in this
Court, within ten (10) days of the date that this Order is filed, why this
appeal should not be quashed as having been taken from a purported order which
is not entered upon the appropriate docket of the lower court.
Com. v. Green; 812 EDA 2024; The Commonwealth�s second
application for relief requesting an extension of time to file its brief, and
having received no objection from Appellant, said application is hereby
Granted.
Com. v. Jones; 2604 EDA 2023; It Is Hereby Ordered. That
the application filed September 27, 2024, requesting reargument of the decision
dated September 13, 2024, is Denied.
Com. v. Green; 811 EDA 2024; The Commonwealth�s second
application for relief requesting an extension of time to file its brief, and
having received no objection from Appellant, said application is hereby
Granted.
In The Interest Of: T.G., A Minor Appeal Of: Chester
County Department Of Children, Youth, And Family; 2014 EDA 2024; The
application for non-participation filed by Buckley, Brion, McGuire & Morris
LLP, co-counsel for Appellant, said application is granted. Accordingly, no
attorney from Buckley, Brion, McGuire & Morris LLP is required to attend
the oral argument scheduled for December 11, 2024.
Com. v. Walker; 2867 EDA 2023; Appellant�s application
filed on November 20, 2024, said application is Granted. Accordingly,
Appellant�s reply brief filed on October 7, 2024 is accepted for consideration
by this Court as timely filed.
Com. v. Woodson; 1441 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.
Mirabella v. St. Joseph�s University; 1818 EDA 2024; The application of Appellant, John C. Mirabella, 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, 2025.
Com. v. Femi; 1632 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.
Feldman v. CP Acquisitions 25, LP.;
501 EDA 2023; It Is Hereby Ordered. That the application filed September 26,
2024, requesting reargument of the decision dated September 12, 2024, is Denied.
Com. v. Holden; 1839 EDA 2024; The
application of Appellant, Michael A. Holden, 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 27, 2025.
Com. v. Troytaquellalvin; 2872 EDA 2023; The Appellant�s
Application for Extension of Time to File Petition for Reconsideration is
Granted. The Appellant shall have 14 days from the date of this Order to file
an Application for Reconsideration. No further extensions of time shall be
permitted.
Com. v. Talbert; 2408 EDA 2023; The Commonwealth�s
�Motion to Correct Omission in the Record Pursuant to Pa.R.A.P. 1926,� and
having received no response from Appellee, the Commonwealth�s motion is Granted
In Part and Denied In Part. The trial court has provided the August 21, 2023
notes of testimony with the certified record. Accordingly, the Commonwealth�s
request as to the August 21, 2023 notes of testimony is denied.
Siitonein v. Marine Club Associates, LLC; 1638 EDA 2024;
Appellant�s October 29, 2024 application to reinstate appeal is Granted. This
Court�s October 24, 2024 dismissal Order is Vacated, and the above-captioned
appeal is Reinstated.
Com. v. Reza-Ojeda; 1404 EDA 2024; Appellant�s November
14, 2024 application to reinstate appeal, the application is hereby Granted.
This Court�s November 13, 2024 dismissal Order is Vacated, and the
above-captioned appeal is Reinstated.
Nasir v. Montgomery; 2482 EDA 2024; Appellant Rebekah
Montgomery, defendant below, seeks to appeal from the order dated August 14,
2024 and entered August 21, 2024 that announced the non-jury verdict in favor
of Appellee Muayd B. Nasir, plaintiff below, and purported to enter judgment in
Appellee�s favor. In addition to the August 21, 2024 order purporting to enter
judgment simultaneously with the verdict, the trial court docket reflects that
a separate entry of judgment was entered erroneously on August 21, 2024, before
the expiration of the ten-day period for filing post-trial motions.
Com. v. Harris; 1774 EDA 2024; The Commonwealth�s
�Application to Supplement Record Pursuant To Pa.R.A.P. 1926,� the trial court
is directed to certify and transmit a supplemental record to this Court
containing �copies of the November 22, 2022 decertification hearing exhibits, including
the portions presented to the lower court as electronic files, and...the notes of testimony for defendant�s December 16, 2021
preliminary hearing,� referenced in the Commonwealth�s application, within
twenty-one (21) days of the date that this Order is filed.
Com. v. Butler; 2611 EDA 2024; Appellant�s November 19,
2024 �Application to Correct Procedural Defects� is hereby Denied.
Com. v. Lyons; 2211 EDA 2023; This Court is in receipt of
two pro se filings dated November 4, 2024, and postmarked November 4, 2024. As
Appellant was represented in the above-captioned appeal by Geoffrey Seay,
Esquire, this Court�s Prothonotary is Directed to
forward the November 4, 2024 documents to Attorney Seay.
In Re: Estate Of Judith Hanks Appeal Of: Roger Hanks; 2119
EDA 2024; Consideration of the November 5, 2024 �Application to Quash Appeal�
filed by Appellee Steven R. Skibo, and noting the response thereto filed by
Appellant Roger Hanks, the application is Granted.
CJD Group, LLC v. Steckroth; 2526 EDA 2024; Review of the
notice of appeal and the November 11, 2024, �Application to Quash Appeal for
Failure to File Rule 1925(b) Statement and for Mootness,� docketed as
�Application to Quash,� filed by Appellee CJD Group, LLC, and noting no
response thereto, the appeal is Quashed.
Williams v. Obermayer Rebmann Maxwell & Hippel LLP;
2846 EDA 2024; Consideration of the notice of appeal and docketing statement
filed by Appellants Kevin A. Williams; Mark S. Williams; Dominion Management of
Delaware, Inc.; and Dominion Management Services, Inc.; Appellants purport to
appeal from the October 8, 2024, order overruling their preliminary objections
and permitting defendants to serve a subpoena on Troutman Pepper, LLP as a
collateral order. Generally, appeals may be taken only from final orders.
Appellants claim in their docketing statement that the order is appealable as a
collateral order.
Reynolds v. Clapso; 2307 EDA 2024; Appeal is dismissed
for the failure of the appellant to comply with Pa.R.A.P. 3517.
Darby v. Boseman; 2297 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa.R.A.P. 3517. Counsel shall file
a certification with this court within 10 days of the date of this order,
stating that the client has been notified of the entry of this order.
Com. v. Johnson; 1137 EDA 2024; The 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 this Court containing the �notes of testimony from August 18, 2023 and
September 15, 2023,� referenced in and attached to the Commonwealth�s motion,
within twenty-one (21) days of the date that this Order is filed.
Hamilton Township v. Gimadeyev; 1978 EDA 2024;
Consideration of the notice of appeal filed by Appellant, Ramis Gimadeyev, it
appears that Appellant intended to file the above-captioned appeal in the
Commonwealth Court of Pennsylvania and that the notice of appeal was
erroneously sent to this Court. Accordingly, the appeal is Transferred
to the Commonwealth Court.
Com. v. Haydt; 2797 EDA 2024; The trial court docket
indicates that Appellant was sentenced in the above matters on September 17,
2024, and filed a pro se notice of appeal on September 24, 2024, and that
Appellant was represented by the Carbon County Public Defender�s Office at both
trial court docket numbers, and by Michael P. Kelly, Esq., for the filing of a
Motion for Reconsideration at CP-13-CR-0000763-2023. On October 30, 2024, Paul
John Levy, Esq., Public Defender, filed a �Praecipe for Withdrawal of
Appearance� in this Court, after which he was removed from this Court�s appeal
docket.
Kline v. Phoenixville Hospital Co., LLC; 1618 EDA 2024;
Consideration of the November 29, 2024, �Motion for a 30 Day Extension of the
Briefing Schedule,� docketed as �Application for Extension of Time to File
Brief - Second Request,� filed by Appellees Daniel A. Ratliff, D.O. and PMA
Medical Specialists, LLC, and noting no response thereto, the Application is
Granted such that the brief for Appellees Daniel A. Ratliff, D.O. and PMA
Medical Specialists, LLC shall be due on or before January 9, 2025.
Bonilla v. Graaf; 2808 EDA 2024; Consideration of the
October 29, 2024, �Motion to Quash Appeal as Untimely,� docketed as
�Application to Quash,� filed by Appellee Cheryl Ann Bonilla, Administratrix of
the Estate of Frances S. Graaf, Deceased, and noting no response thereto, the
Application is Granted and the appeal is Quashed.
Com. v. Didomenico; 1249 EDA 2024; Appellant�s �Nunc Pro
Tunc Third Motion for Extension of Time� filed by Donald Bermudez, Esq.,
Appellant�s application is hereby Granted. Appellant�s brief is due by December
26, 2024. No further extensions will be granted absent extenuating
circumstances, 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.
In The Interest Of: J.J., A Minor Appeal Of: J.J., A
Minor; 2758 EDA 2024; Appeal has been taken from the September 19, 2024 order
(�September 19th Order) in Child�s dependency matter. The September 19th Order,
entered on Child�s dependency trial court docket, in pertinent part, continues
Child�s placement in a juvenile detention facility and directs the �Petition to
remain open.� On November 1, 2024, this Court entered a show cause order
directing Child J.J.�s Appointed Counsel, liana Friedman Ehrlich, Esquire
(�Counsel�), to respond as to this Court�s jurisdiction over the September 19th
Order as it is not final or otherwise appealable. On November 8, 2024, Counsel
responded to this Court�s directive; however, Counsel failed to demonstrate
this Court�s jurisdiction over the September 19th Order continuing the status
quo in Child�s dependency matter.
Com. v. Chappell; 1256 EDA 2024; Consideration of the
�Application to File Supplemental Reproduced Record,� filed by the Commonwealth
at Appellee�s request, the Application is hereby Granted, and the Supplemental
Reproduced Record filed by Appellee on December 3, 2024 is accepted as properly
filed.
Enigwe v. Contractors; 2504 EDA 2024; Consideration of
the notice of appeal and docketing statement filed by pro se Appellant Ifedoo
N. Enigwe, Appellant purports to appeal from the August 22, 2024, entry of judgment
of non pros via praecipe. The trial court docket reflects that Appellant failed
to petition to strike/open the judgment of non pros. Pa.R.Civ.P. 3051
(providing that relief from entry of non pros shall be sought in the form of a
petition to strike/open judgment). Consequently, no issues were preserved for
appeal.
Shaner Hotel Holdings v. ACE American Insurance Company;
584 EDA 2024; Consideration of the November 19, 2024 �Motion for Admission of
Virginia N. Oat, Esq[.], as Counsel Pro Hac Vice,�
docketed as �Application to be Admitted Pro Hac Vice,� filed by sponsor Eric D.
Freed, Esquire, counsel for Appellee, Ace American Insurance Company, on behalf
of Virginia N. Oat, Esquire, the application is Granted.
Battista v. Braud; 2016 EDA 2024; Consideration of the
October 15, 2024 �Motion to Substitute Corrected Appellant�s Brief,� filed by
pro se Appellant Francis Joseph Battista, the application is Granted and
Appellant may file and serve an amended brief within ten (10) days of the date
of this Order. Appellant�s request to file a reduced number of copies of the
brief is Granted and Appellant is Directed to file
three (3) bound copies and one (1) unbound copy of the amended brief with this
Court and to serve Appellees with one (1) bound copy of the amended brief.
In Re: Estate Of: Mary Louise O�Brien, Deceased Appeal
Of: John J. O�Brien, III And Kevin J. O�Brien; 2146 EDA 2024; Consideration of
the November 12, 2024 �Petition for Costs and Attorney Fees� docketed as
�Application for Relief� filed by Appellees, and noting no response thereto,
the application is Denied without prejudice for Appellees to file a motion for
attorneys� fees with the trial court. Acknowledging that Appellants have filed
five appeals that this Court has quashed or dismissed at the same trial court
docket, Appellants are cautioned that filing frivolous appeals may result in
this Court�s granting future applications for costs and attorneys� fees.
Hatchigian v. Digital Consulting Associates, LLC; 2597
EDA 2024; Consideration of the notice of appeal and docketing statement filed
by pro se Appellant David Hatchigian, the trial court docket reflects that
Appellant purports to appeal from the September 5, 2024, order denying his
three motions for reconsideration of the trial Court�s August 7, 2024, order
sustaining preliminary objections. Orders denying motions for reconsideration
are interlocutory and not appealable.
Midfirst Bank Pennsylvania v. Piccioni; 2596 EDA 2024;
Consideration of the December 2, 2024 �Emergency Motion to Order Lower Court to
Provide Partition Case Transcripts and Files� (docketed as �Application for
Relief�), filed by pro se Appellant, the application is Denied. Appellant�s
request for an extension of time to file a response to this Court�s November
26, 2024 show-cause Order is Granted and Appellant�s response is now due on or
before December 20, 2024. Failure to comply with this Order may result in
quashal or dismissal of the appeal without further notice.
Chughati v. Cooper-Ivery; 2149 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Philly Prime v. Baumhor; 2448 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Fullman v. Askin; 2902 EDA 2024; Appellant, Andrew
Fullman, plaintiff below, appeals from the October 1, 2024 order that denied
Appellant�s request to file a post-trial motion nunc pro tunc. An appeal is
proper within 30 days of the entry of judgment following entry of an order
denying permission to file a post-trial motion nunc pro tunc. Appellant is Directed to praecipe the trial court prothonotary to enter
judgment on the decision of the trial court. Appellant is further Directed to file with the Prothonotary of this Court within
fourteen (14) days of the date of this Order a certified copy of the trial
court docket reflecting the entry of the judgment.
Com. v. Mickeals; 182 EDA 2024; The
briefs filed in the above-captioned matter, the following is hereby Ordered:
The Office of the Attorney General (�OAG�) is invited to file a brief of amicus
curiae. The OAG shall have thirty (30) days to notify this Court, in writing to
this Court�s Prothonotary, as to whether it intends to file an amicus brief.
Any amicus brief by the OAG shall be filed within sixty (60) days of the date
of this Order.
Bonilla v. Graaf; 2808 EDA 2024; The
application of Appellant, Jericho Blackheart, for extension of time to file
Brief the application is hereby granted. Appellant�s Brief shall be filed on or
before January 21, 2025.
Schwab v. Bayo; 2338 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa.R.A.P. 3517. Counsel shall file
a certification with this court within 10 days of the date of this order,
stating that the client has been notified of the entry of this order.
In Re: Est. of M.P.R., Appeal of: D.R.; 2421 EDA 2024;
Appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P.
3517. Counsel shall file a certification with this court within 10 days of the
date of this order, stating that the client has been notified of the entry of
this order.
In the Mat. of: Est. of H.S.T.,
Appeal of: I. J.; 2161 EDA 2024; Appeal is dismissed for the failure of the
appellant to comply with Pa.R.A.P. 3517.�������������������
Pickering, R. v. Associated Realty Property; 2446 EDA
2024; Appeal is dismissed for the failure of the appellant to comply with
Pa.R.A.P. 3517. Counsel shall file a certification with this court within 10
days of the date of this order, stating that the client has been notified of
the entry of this order.
Com. v. Gondor; 2051 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Velasquez; 2172 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa.R.A.P. 3517. Counsel shall file
a certification with this court within 10 days of the date of this order,
stating that the client has been notified of the entry of this order.
701 Burmont Rd. v. DiJoseph; 2235 EDA 2024; Appeal is
dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517.
Safeco Insurance Company Of Illinois v. Bailey; 3044 EDA
2024; Consideration of the notice of appeal and docketing statement filed by
Appellant Clark Owens, Appellant purports to appeal from the October 15, 2024,
trial court order that entered summary judgment in favor of Safeco Insurance
Company of Illinois a/s/o Aleesha Faulk with respect to Appellant�s
counterclaims. Generally, appeals may be taken only from final orders.
Accordingly, Appellant is directed to show cause, in a response filed of record
in this Court with a copy to opposing counsel, as to why the appeal should not
be quashed.
Com. v. Gondor; 2050 EDA 2024; Appeal is dismissed for
the failure of the appellant to comply with Pa.R.A.P. 3517.
Com. v. Jennings; 1128 EDA 2024; The
application of Appellant, Marvin Gus Jennings, for extension of time to file
Brief the application is hereby granted. Appellant�s Brief shall be filed on or
before January 21, 2025.
Com. v. Dutton; 430 EDA 2024; The trial court�s request
for a 60-day extension of time to file a supplemental Rule 1925(a) opinion in
the above-captioned case. The trial court shall now have 90 days from the date
of this Court�s December 2, 2024 memorandum remanding this matter to address
all properly preserved issues raised in Appellant�s Rule 1925(b) statement.
Appellant shall have 30 days after receipt of the supplemental Rule 1925(a)
opinion to file a supplemental brief or to advise this Court that no
supplemental brief will be filed. The Commonwealth shall have 30 days
thereafter to file a responsive supplemental brief or to advise this Court that
no supplemental brief will be filed.
Munoz v. The Children�s Hospital Of Philadelphia; 1388
EDA 2024; Consideration of the December 5, 2024 �Unopposed Application for an
Extension of Time to File Appellant�s Reply Brief,� docketed as �Application
for Extension of Time to File Reply Brief,� filed by Appellant, Children�s
Hospital of Philadelphia, the application is Granted.
Smith v. Timar; 1942 EDA 2024; Appellant/Cross-Appellee�s
application for clarification, the application is hereby Granted. This Court�s
October 25, 2024 Order is Amended to reflect that Appellees/Cross-Appellants,
Andrew N. Timar, D.C., Andrew N. Timar, DC, LLC, and Phoenixville Chiropractic
filed the notice to defer designation of contents of reproduced record.
Com. v. Reed; 12 EDA 2024; Appellant�s pro se Application
for Relief filed December 2, 2024, is Denied.
Com. v. Johnson; 2529 EDA 2024; In light of the fact that
on September 22, 2024, counsel for Appellant filed a notice of appeal from the
judgment of sentence imposed on March 25, 2024 at Appeal Docket 2523 EDA 2024,
and on September 22, 2024, pro se Appellant also filed a notice of appeal from
the judgment of sentence imposed on March 25, 2024 at Appeal Docket 2529 EDA
2024, counsel for Appellant is directed to show cause, in a response filed of
record in this Court, within ten days of the date that this Order is filed, why
the appeal at No. 2529 EDA 2024 should not be dismissed as duplicative of the
appeal docketed at 2523 EDA 2024. Failure to respond to this directive may
result in dismissal of this appeal without further notice.
Com. v. Johnson; 2531 EDA 2024; In light of the fact that
on September 22, 2024, counsel for Appellant filed a notice of appeal from the
judgment of sentence imposed on March 25, 2024 at Appeal Docket 2528 EDA 2024,
and on September 22, 2024, pro se Appellant also filed a notice of appeal from
the judgment of sentence imposed on March 25, 2024 at Appeal Docket 2531 EDA
2024, counsel for Appellant is directed to show cause, in a response filed of
record in this Court, within ten days of the date that this Order is filed, why
the appeal at No. 2531 EDA 2024 should not be dismissed as duplicative of the
appeal docketed at 2528 EDA 2024. Failure to respond to this directive may
result in dismissal of this appeal without further notice.
N.E.G. v. J.Z.M.; 1613 EDA 2024; This Court�s
Prothonotary is Directed to list the above-captioned appeal on a future panel
consecutively with the appeals at 1886 EDA 2024 and 2078 EDA 2024.
Raven-Melchiz v. Pettway; 2518 EDA 2024; Appellant,
Bennie R. Hearst Pettway, defendant below, appeals from the August 1, 2024
order that directed Hofi Reo, Inc., intervenor below, to supplement its
petition to intervene and serve the parties with the supplement, established a
filing deadline for the parties� responses to the petition, and scheduled a
hearing on the petition. Appellant filed his notice of appeal on September 24,
2024, or 54 days after entry of the order. An appellant must file their notice
of appeal within 30 days after the entry of the order from which the appeal is
taken. Pa.R.A.P. 903(a). Given that Appellant filed his notice of appeal well
outside the 30-day appeal period, Appellant�s appeal is untimely.
Pimentel v. Crawford; 2658 EDA 2024; Consideration of the
November 28, 2024, �Motion for Reconsideration,� docketed as �Application for
Reconsideration,� filed by pro se Appellant Darren Crawford, the application is
Denied.
Williams v. Golden-Towns; 375 EDA 2024; The application of Appellee, Amira Williams, for extension
of time to file Brief the application is hereby granted. Appellee�s Brief shall
be filed on or before February 3, 2025.
Com. v. Harrison; 748 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 February 10, 2025.
Com. v. Hernandez; 995 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 February 3, 2025.
Com. v. Maldonodo; 3227 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 February 10, 2025.
Com. v. Glover; 1917 EDA 2024; The
application of Appellant, Keyonnah Glover, 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
February 7, 2025.
Hailu v. Giorgio Fresh Company; 2988 EDA 2024;
Appellants, defendants below, appeal from the October 18, 2024 order that
denied their motion for summary judgment. In their notice of appeal and
docketing statement, Appellants contend that the order is appealable as a
collateral order pursuant to Pa.R.A.P. 313. Accordingly, Appellants are Directed to show cause, in a response filed of record in
this Court with a copy to opposing counsel, as to how the order satisfies the
collateral order test and why the appeal should not be quashed. The response
shall be filed within fourteen (14) days of the date of this Order. Failure to
comply with this Order may result in quashal of the appeal without further
notice.
Com. v. Morris; 1765 EDA 2024; The
trial court docket, Appellant filed a PCRA petition on November 15, 2021. On
January 23, 2024, the PCRA petition was dismissed. On May 22, 2024 there is a
trial court docket entry indicating a subsequent dismissal of the PCRA petition
previously dismissed on January 23, 2024. On June 20, 2024, Appellant filed a
notice of appeal.
Com. v. Williams; 1126 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 February 7, 2025.
Com. v. Heath; 1455 EDA 2024; The
trial court docket, on May 21, 2024, Appellant filed a pro se notice of appeal
docketed at 1455 EDA 2024. On May 24, 2024, judgment of sentence was imposed.
On May 30, 2024, counsel filed a �Motion for Reconsideration of Sentence.� On
September 27, 2024, the �Motion for Reconsideration of Sentence� was denied by
operation of law. On October 23, 2024, counsel for Appellant filed a notice of
appeal from the May 24, 2024 judgment of sentence docketed at 2925 EDA 2024.
Com. v. Phillips; 2377 EDA 2024; The trial court docket,
on August 12, 2024, the trial court entered one order, listing 17 trial court
docket numbers, denying Appellant�s petitions for expungement. On September 10,
2024, counsel for Appellant filed 17 notices of appeal each listing one trial
court docket number. On October 22, 2024, upon consideration of Appellant�s
request for consolidation of the 17 appeals, this Court consolidated the 17
appeals. On October 23, 2024, the Honorable Nicole R. Forzato requested that
this Court vacate the August 12, 2024 trial court order as it pertains to trial
court docket CP-15-CR-0003857-2003.
Com. v. Phillips; 2361-2377 EDA 2024; Consideration of
this Court�s Order of October 22, 2024 consolidating the above-captioned
appeals, and in light of the October 23, 2024 letter request from the Honorable
Nicole R. Forzato, the Prothonotary of this Court is directed to Unconsolidate
the appeal docketed at 2377 EDA 2024 (CP-15-CR-0003857-2003). The Prothonotary
of this Court is directed to list 2377 EDA 2024 consecutively to the
consolidated appeals at 2361 -2376 EDA 2024. The briefing schedule remains
vacated pending further order of this Court.
Com. v. Matthews; 2093 EDA 2023; It Is Hereby Ordered.
That upon consideration of the application for reargument filed October 28,
2024 in this appeal, the Court hereby grants panel reconsideration; That the decision of this Court filed October 23, 2024, is
hereby withdrawn; and That the parties need not file any additional briefs.
Com. v. Arnold; 2539 EDA 2024; The trial court dockets,
notices of appeal, and criminal docketing statements filed at the
above-captioned appeals, and Appellant�s �Application for Consolidation of
Appeals Pursuant to Pa.R.A.P. 513,� the above-captioned appeals are hereby
consolidated. The appeal docketed at 2539 EDA 2024 is designated as the lead
appeal. Both parties are directed to list all Superior Court Appeal Docket
Numbers in the caption of all future filings with this Court, but all filings
shall only be filed at 2539 EDA 2024.
Com. v. Jones; 9 EDA 2024: �Motion for Extension of Time
to File Reply Brief,� the Motion is Granted.
Appellant�s reply brief is now due in this Court on or before December 20,
2024.
Bingham Court Homeowners Association v. Ward; 2577 EDA
2024; This Court has received a response to the Order of November 13, 2024,
directing Appellant to praecipe the trial court prothonotary to enter judgment
on the decision of the trial court. Judgment was entered on November 15, 2024.
The case caption in the above-captioned appeal has been corrected to reflect
that the appeal is taken from the judgment entered on November 15, 2024.
Accordingly, the rule is Discharged and the appeal
shall proceed.
APPEALS FILED
Com. v. Renteria; 3185 EDA 2024; from order of Chester
Cty; CP-15-CR-0003746-2015.
Com. v. Boyer; 3186 EDA 2024; from order of Northampton
Cty; CR-1183-2023; E. Anders.
Com. v. Williams; 3187 EDA 2024; from order of Phila Cty;
CP-51-CR-0000677-2024; C. Colon.
Com. v. White; 3188 EDA 2024; from order of Phila Cty; CP-51-CR-0003119-2022;
A. Marcus.
Com. v. Meadows; 3189 EDA 2024; from order of Phila Cty;
CP-51-CR-0008885-2022; A. Marcus.
Com. v. Meadows; 3190 EDA 2024; from order of Phila Cty;
CP-51-CR-0008886-2022; A. Marcus.
Com. v. Jones; 3191 EDA 2024; from order of Phila Cty;
CP-51-CR-1753-2023; D. Stern.
Com. v. Rice; 3192 EDA 2024; from order of Phila Cty;
CP-51-CR-0005227-2023; G. Amoriello.
Com. v. Hall; 3193 EDA 2024; from order of Phila Cty;
MC-51-CR-0003546-2023; A. Marcus.
Com. v. Khamara; 3194 EDA 2024; from order of Phila Cty;
CP-51-CR-0000459-2021; D. Alvarez.
Com. v. Khamara; 3195 EDA 2024; from order of Phila Cty;
CP-51-CR-0001415-2021; D. Alvarez.
Com. v. Khamara; 3196 EDA 2024; from order of Phila Cty;
CP-51-CR-0006166-2021; D. Alvarez.
In The Matter Of O.M., A Minor (DOB: 03/31/2010); 3197
EDA 2024; from order of Phila Cty; CP-51-DP-0000321-2022; J. Martin.
In The Matter Of O.Y.M., A Minor (DOB: 03/31/2010); 3198
EDA 2024; from order of Phila Cty; CP-51-AP-0000253-2024; J. Martin.
Avail Holding LLC v. Nasir; 3199 EDA 2024; from order of
Phila Cty; 00126.
Garcia. v. Foley Incorporated,
et al; 3200 EDA 2024; from order of Phila Cty; 00387; F. Eisenberg.
Com. v. Fox; 31453010 EDA 2024; from order of Mornoe Cty;
2202 CR 2023; F. Cutaio.
Com. v. Morales; 3146 EDA 2024; from order of Lehigh Cty;
CP-39-CR-1358-2020; J. Velander.
Com. v. Pagan; 3147 EDA 2024; from order of Lehigh Cty;
CR-514-2022; M. Rape.
Com. v. Marshall; 3148 EDA 2024; from order of Delaware
Cty; CP-23-CR-0002231-2022; A. Litvinov.
Mann v. Grate; 3149 EDA 2024; from order of Phila Cty;
Oc1302259.
In Re: Connor Moss; 3150 EDA 2024; from order of Pike
Cty; 13-2024 OA; L. Collins.
Ruger v. Ruger; 3151 EDA 2024; from order of Phila Cty;
308300948; J. Ruger.
Taylor v. Taylor; 3152 EDA 2024; from order of Chester
Cty; 05-CI-2024-01771-DI.
Com. v. Lindenbaum; 3153 EDA 2024; from order of Delaware
Cty; CP-23-CR-0003664-2023.
Green v. Green; 3154 EDA 2024; from order of Northampton
Cty; C-48-CR-2019-3305; D. Spry.
Bordone v. Bordone; 3155 EDA 2024; from order of Bucks
Cty; A06-2021-60355-N; S. Morris.
In the Interest Of: S.L.M.R.S, A Minor Date of Birth:
2/16/2020; 3156 EDA 2024; from order of Phila Cty; CP-51-AP-0000164-2024; J.
Stelliman.
Citibank NA v. Jennings; 3157 EDA 2024; from order of
Chester Cty; 2016-03862-RC; F. Bennett.
Citibank NA v. Jennings; 3158 EDA 2024; from order of
Chester Cty; 2016-03862-RC; F. Bennett.
Citibank NA v. Jennings; 3159 EDA 2024; from order of
Chester Cty; 2016-03862-RC; F. Bennett.
Citibank NA v. Jennings; 3160 EDA 2024; from order of
Chester Cty; 2016-03862-RC; F. Bennett.
Citibank NA v. Jennings; 3161 EDA 2024; from order of
Chester Cty; 2016-03862-RC; F. Bennett.
Mullen v. Mullen; 3162 EDA 2024; from order of Chester
Cty; 2024-07893-PF; A. Fiala.
Touch Up Painting &
Construction, LLC v. W.S. Cumby, Inc.; 3163 EDA 2024; from order of Phila Cty;
240302677; A. Twqardowski.
Xie v. Unknown Occupants; 3164 EDA 2024; from order of
Phila Cty; 230702959.
Talley v. Wallenpaupack Area High School; 3165 EDA 2024;
from order of Pike Cty; 1061-2020-CV; K. Nealon.
US. Bank National v. Unknown Occupants; 3166 EDA 2024;
from order of Phila Cty; 3292.
Kholod v. Windsor; 3167 EDA 2024; from order of Phila
Cty; 2442-CV-2022.
Fernandez v. Peoples Security Bank; 3168 EDA 2024; from
order of Montgomery Cty; 2024-18819; J. Lopez-Jacobs.
Duffield v. Legend Spine LLC; 3169 EDA 2024; from order
of Phila Cty; 2019-05685.
Petroci v. Chanes; 3170 EDA 2024; from order of Phila
Cty; 2017-08865-CT; G. Littman.
Gold v. Prasad; 3171 EDA 2024; from order of Montgomery
Cty; 2024-04546.
Com. v. Williams; 3172 EDA 2024; from order of Delaware
Cty; CP-23-CR-5614-2009; C. Trama.
Com. v. Lark; 3173 EDA 2024; from order of Phila Cty;
CP-51-CR-0120121-1980; A. Turner.
Com. v. Burgos; 3174 EDA 2024; from order of Monroe Cty;
45-CR-0000306-1988.
Com. v. Daniely; 3175 EDA 2024; from order of Phila Cty;
CP-51-CR-0001875-2008; T. Himebaugh.
Com. v. Palmer; 3176 EDA 2024; from order of Phila Cty;
CP-51-CR-0002288-2015; M. Confusione.
Com. v. Palmer; 3177 EDA 2024; from order of Phila Cty;
CP-51-CR-000488-2021; A. Marcus.
Com. v. Prunty; 3178 EDA 2024; from order of Phila Cty;
CP-51-CR-0010632-2008; C. Mininger.
Cook v. Philadelphia Federal Credit Union; 3179 EDA 2024;
from order of Phila Cty; 01870.
Com. v. Prunty; 3180 EDA 2024; from order of Phila Cty;
CP-51-CR-0015278-2009; C. Mininger.
Hawkins v. Hawkins; 3181 EDA 2024; from order of Phila
Cty; 230802128.
Com. v. Alade; 3182 EDA 2024; from order of Phila Cty;
CP-51-CR-0006186-2023.
Com. v. Alade; 3183 EDA 2024; from order of Phila Cty;
CP-51-CR-0001449-2024.
Com. v. Scott; 3184 EDA 2024; from order of Phila Cty;
CP-51-CR-1113362-1991.
APPEALS DISCONTINUED
Maersk Line v. Gabriel Rubber, LLC; 2315 EDA 2024; from
order of Carbon Cty.
Com. v. Brown; 3057 EDA 2024; from order of Chester Cty.