J-A24035-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
RUTH J. PHILLIPS IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
JOHN V. D’ANNUNZIO AND VINCENT J.
D’ANNUNZIO
Appellants No. 51 EDA 2015
Appeal from the Order December 9, 2014
In the Court of Common Pleas of Delaware County
Civil Division at No(s): 13-003249
BEFORE: PANELLA, J., WECHT, J., and STRASSBURGER, J.*
JUDGMENT ORDER BY PANELLA, J. FILED OCTOBER 23, 2015
Appellants, John V. D’Annunzio and Vincent J. D’Annunzio, appeal from
the December 9, 2014 order disposing of Appellee, Ruth J. Phillips’s
amended emergency petition to set aside the consent decree and release
and return assets and Phillips’s emergency petition to release escrow funds.
We vacate the lower court’s order and remand for further proceedings.
We take the relevant history of this matter from the trial court’s Rule
1925(a) opinion.
On May 24, 2013, Phillips filed a Complaint wherein she
raised claims against [Appellants] for Malicious Prosecution,
Replevin, and Quiet Title. In her Complaint, Phillips alleged that
on March 14, 2013, she had a meeting with her employers at the
time, John and Vincent D’Annunzio…. Phillips was the
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
J-A24035-15
bookkeeper for D’Annunzio and Sons. Phillips alleged that at this
meeting, [Appellants] confronted her and accused her of stealing
$300,000.00 from them. Phillips further alleged that
[Appellants] promised to not report her alleged actions to the
Delaware County District Attorney’s Office if she gave them
$45,166.19 and the deed to her property located at 777 Hill
Avenue in Aston, Delaware County, Pennsylvania (the Property).
Phillips agreed.
On May 24, 2013, Phillips filed a Praecipe for Lis Pendens
on the Property. On June 10, 2013, the [t]rial [c]ourt held a
hearing on Phillips’ Writ of Seizure and/or Injunction. On the
same date, the [t]rial [c]ourt ordered [Appellants] to return
$45,166.19 and the deed to the Property. [Appellants] filed a
Motion for Reconsideration of the [court’s] June 10, 2013
[o]rder. On June 19, 2013, the [t]rial [c]ourt held a hearing on
[Appellants’] Motion for Reconsideration. On the same date, the
[court], pursuant to the agreement of the parties, ordered, in
relevant part, that (1) the $45,166.19 and the deed for the
Property are to be placed in an escrow account and (2) that
[c]ounsel for both parties shall be the escrow agents.
On October 8, 2013, Phillips filed an Emergency Petition
for Contempt of the [t]rial [c]ourt’s June 19, 2013 [o]rder. On
October 16, 2013, the [t]rial [c]ourt held [o]ral [a]rgument on
Phillips’ Emergency Petition. On October 17, 2013, the [t]rial
[c]ourt granted Phillips’ Petition for Contempt and scheduled a
hearing on Phillips’ Petition for Writ of Seizure and/or Injunction
for October 22, 2013. On October 18, 2013, [Appellants] filed a
Motion for Reconsideration of the … October 17, 2013 [o]rder,
which the [t]rial [c]ourt subsequently denied.
On October 22, 2013, the parties entered into a
Settlement and Consent Decree wherein they agreed that
$30,000.00 be released to Phillips from the escrow account and
the remaining terms and conditions of the [t]rial [c]ourt’s June
19, 2013 and September 16, 2013 remain in full force and
effect. On October 23, 2013, the [t]rial [c]ourt adopted the
October 22, 2013 Settlement and Consent Decree as an [o]rder
of [c]ourt. In addition, the [court] ordered that this matter be
stayed pending the conclusion of criminal proceedings against
Phillips related to the allegations that she took these funds from
[Appellants].
* * *
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[Relevant to the instant case,] [o]n October 27, 2014,
Phillips filed an Emergency Petition to Set Aside Consent Decree
and Release and Return of Assets. Phillips alleged that she
needed funds for her defense in the criminal proceedings against
her. The criminal trial was scheduled to begin on November 17,
2014. On November 13, 2014, the [t]rial [c]ourt held [o]ral
[a]rgument on Phillips’ Emergency Petition. On November 17,
2014, Phillips filed an Amended Emergency Petition to Release
Escrow Funds. On November 20, 2014, Phillips pled no contest
to certain criminal charges filed against her. On November 26,
2014, [Appellants] filed a Petition for Release of the Escrow
Funds, which the [trial court denied].
On December 9, 2014, the [court] held [argument] on
Phillips’ Amended Emergency Petition. On the same date, the
[court] … ordered that (1) the assets in the escrow account,
$15,181.86 plus interest, be released to Phillips and (2)
[Appellants] return the deed for Phillips’ property to Phillips with
title insurance free of all liens and judgments but for those of
Phillips. [Appellants’] timely appeal [followed].
Trial Court Opinion, 3/16/15 at 1-4.
Preliminarily, we note that the trial court acknowledges in its Rule
1925(a) opinion that the decision to grant the relief requested in Phillips’s
amended emergency petition, without holding an evidentiary hearing and
setting an injunctive bond, and after Phillips’s no contest plea to the
underlying criminal charges, was precipitous. We agree. Accordingly, we
vacate the trial court’s December 9, 2014 order releasing the assets in the
escrow account and returning the property deed to Phillips, and remand for
an evidentiary hearing.
Order vacated. Case remanded for further proceedings consistent with
this judgment order. Jurisdiction relinquished.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/23/2015
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