J-A18039-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: JOSEPHINE T. WALSH IN THE SUPERIOR COURT OF
PENNSYLVANIA
No. 2012 MDA 2013
Appeal from the Order October 23, 2013
In the Court of Common Pleas of Columbia County
Orphans' Court at No(s): 73 OC 2013
BEFORE: LAZARUS, J., WECHT, J., and MUSMANNO, J.
JUDGMENT ORDER BY LAZARUS, J.: FILED SEPTEMBER 16, 2014
This matter arises from an incapacity proceeding brought with respect
to appellant Josephine Walsh, during the course of which her son, John
Walsh, sought a court order requiring that Josephine submit to a mental
evaluation. The court granted the order on October 23, 2013, and Josephine
filed a timely notice of appeal.
appellant to file a concise statement of errors complained of on appeal
pursuant to Pa.R.A.P. 1925(b). The court ordered that the statement be
filed of record within thirty days, served pursuant to Rule 1925(b)(1), and
that any issues not properly included in the statement, timely filed and
served pursuant to Pa.R.A.P. 1925(b), shall be deemed waived. Accordingly,
le 1925(b). The lower court docket
J-A18039-14
Although the reproduced record submitted by the appellant contains a
copy of a Rule 1925(b) statement, a review of the certified record suggested
that the statement had not been filed of record in the trial court as required
by both the court order and Rule 1925(b)(1). Accordingly, on August 7,
2014, this Court issued an order pursuant to Rule 1925(c)(1), remanding the
statement had, in fact, been filed of record. After a hearing, and by order
dated August 22, 2014, the trial court concluded that, although the appellant
had served its Rule 1925(b) statement upon the trial court, it had not been
filed of record.
statement of errors complained of on appeal complies with the requirements
of Rule 1925(b), and the docket reflects compliance with Rule 236(b), an
results in the waiver of all issues on appeal in a civil matter. See In re
Estate of Boyle, 77 A.3d 674 (Pa. Super. 2013). Accordingly, because
appellant failed to file her Rule 1925(b) statement of record in the trial
court, we are constrained to find her appellate issues waived.
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J-A18039-14
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/16/2014
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