J-A08020-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
HALFPENNY MANAGEMENT CO. AND IN THE SUPERIOR COURT OF
RICHARD CARR PENNSYLVANIA
Appellees
v.
JAMES D. SCHNELLER
Appellant No. 521 EDA 2016
Appeal from the Order Entered January 15, 2016
In the Court of Common Pleas of Delaware County
Civil Division at No(s): 13-3232
BEFORE: PANELLA, J., LAZARUS, J., and STEVENS, P.J.E.*
MEMORANDUM BY LAZARUS, J.: FILED APRIL 24, 2017
James D. Schneller appeals, pro se, from the trial court’s January 15,
2016 order denying his motion to vacate an arbitration award and order
denying reinstatement of appeal. After careful review, we affirm.1
A prior panel of our Court aptly summarized the underlying facts of the
instant case:
This is a landlord-tenant matter that [Schneller’s] landlord
litigated before the magisterial district judge, who ruled in favor
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*
Former Justice specially assigned to the Superior Court.
1
We, herein, deny Schneller’s motion for peremptory writ of mandamus and
writ of prohibition.
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of the landlord.[2] [Schneller] initiated this action by appealing
from the magisterial district judge to the court of common
plea[s]; he simultaneously petitioned to proceed in forma
pauperis. On April 13, 2013, [Schneller’s] application to proceed
in forma pauperis was denied on the ground that his ability to
pay court costs was “established in numerous other filings with
the Court.” Order of Court, 4/13/13, at 1. The case proceeded
to arbitration. On January 6, 2012, the arbitrators entered an
award in favor of the landlord granting the landlord possession
and monetary damages of $2,000.
On February 5, 2014, [Schneller] filed an appeal without paying
the court costs. Even though previously denied the right to
proceed in forma pauperis, [Schneller] filed another request for
the same relief. His second request to proceed in forma
pauperis was denied on March 4, 2014, and the docket proves
that Pa.R.C.P. 236 notice of the order denying [Schneller] in
forma pauperis status was sent the same day.
[Schneller] did not forward the costs for filing the appeal from
arbitration, and it was stricken on March 21, 2014. See
Pa.R.C.P. 240(c)(1)(ii) (requiring petitioner to pay the filing fee
for an appeal if a petition to proceed in forma pauperis is denied
and requiring the prothonotary to thereafter strike an appeal if
the fee is not paid). [Schneller] petitioned for reinstatement of
his appellate rights nunc pro tunc, and claimed he never
received notice of the March 4, 2014 order denying him in forma
pauperis status. He also petitioned for reconsideration of denial
of in forma pauperis status and for a stay of eviction.
In [an] order entered on July 8, 2014, the trial court denied
[Schneller’s] motion for [reinstatement] of his appellate rights
from the arbitration award, his motion for reconsideration of
denial of his motion to proceed in forma pauperis, and his
motion for stay of eviction. It found incredible [Schneller’s]
claim that he had not received notice of the March 4, 2014 order
denying his application to proceed in forma pauperis. It based
its credibility determination on the fact that [Schneller] received
notice of the striking of the appeal as well as all other notices
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2
Appellee Halfpenny Management Co. (“Halfpenny”) was awarded
possession of the premises at issue and $2,000 in attorney’s fees, plus
interest and costs.
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disseminated in the proceeding. The trial court also stated:
“[A]s a result of the [Schneller’s] long history with this [c]ourt
involving countless cases, [Schneller] had no credibility with the
[c]ourt.” [Trial Court] Opinion, 8/13/14, at 2. [Schneller] filed
this appeal from the July 8, 2014 order. He then filed a petition
for stay of eviction pending this appeal, which was denied, and
the same request for relief with this Court, which also declined to
award [Schneller] relief.
In this appeal, [Schneller] argues that the trial court erred in
denying him the right to appeal nunc pro tunc and to proceed in
forma pauperis, and he asks this panel to revisit [the] denial of
the stay of eviction.
Halfpenny Management Co. and Richard Carr v. James D. Schneller,
No. 2095 EDA 2014 (Pa. Super. filed April 16, 2015). On appeal, our Court
“determined that the trial court correctly refused to reinstate [Schneller’s]
appeal from the arbitration award, [and] decline[d] to issue a stay of any
eviction.” Id. at 6.
On February 24, 2016, Schneller filed the instant notice of appeal from
the trial court’s January 15, 2016 order denying his motion to vacate the
arbitrator’s award. On March 17, 2016, our Court ordered Schneller to enter
judgment on the trial court docket, pursuant to Pa.R.A.P. 301, or suffer
dismissal of the appeal. See Dunlop by Hoffman v. State Farm Ins., 546
A.2d 1209 (Pa. Super. 1988) (order denying petition to vacate arbitration
award not final appealable order when order never reduced to final
judgment). When Schneller failed to timely comply with the order, our Court
sua sponte quashed the appeal on April 15, 2016. However, on May 3,
2016, Schneller filed an application to reconsider our quashal order. On
June 2, 2016, our Court granted the application for reconsideration and
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reinstated Schneller’s appeal. See Order, 6/2/16. Schneller filed a timely
court-ordered Pa.R.A.P. 1925(b) concise statement of matters complained of
on appeal. On appeal, Schneller raises the following issues:
(1) Has the trial court abused [its] discretion, erred in the law
and findings, and deprived Constitutional rights, by
denying the motion to strike or vacate [the] award of
arbitrators and for leave to amend the complaint to add
new evidence and claims?
(2) Has the trial court erred and may the court vacate, due to
law of the case and coordinate jurisdiction prevalent over
the matter of application for leave to proceed in forma
pauperis.
(3) Has the trial court abused [its] discretion, erred in the law
and findings, decided against the weight of the evidence,
and deprived [Schneller of his] Constitutional Rights, by
denying the earlier requested reinstatement of [his]
appeal, and stay of writ of dispossession?
Appellant’s Brief, at 13.
Schneller first contends that the trial court erred in denying his motion
to strike the arbitrator’s award and leave to amend his complaint to add new
evidence and claims.
Initially, we note that Schneller never appealed from the arbitrator’s
decision entered on January 6, 2014. Pursuant to Pa.R.C.P. 1308:
(a) An appeal from an award shall be taken by
(1) filing a notice of appeal in the form provided by Rule
1313 with the prothonotary of the court in which the action
is pending not later than thirty days after the day on which
the prothonotary makes the notation on the docket that
notice of entry of the arbitration award has been provided
as required by Rule 1307(a)(3), and
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(2) payment to the prothonotary of the compensation of
the arbitrators not exceeding fifty percent of the amount in
controversy, which shall not be taxed as costs or be
recoverable in any proceeding;
provided that the court, in an appropriate case, upon
petition may permit the appellant to proceed in forma
pauperis.
Pa.R.C.P. 1028. Thus, procedurally, in order to preserve any challenge to
the arbitrator’s award, Schneller was required to file a timely notice of
appeal from that order. Because of his procedural misstep, the fact that the
trial court’s order denying his motion to vacate the arbitration award was
reduced to judgment is of no moment. The fact remains that Schneller’s
failure to properly preserve the initial challenge to the award precludes our
review of the issue.3
Schneller’s second issue has already been disposed of in our Court’s
prior panel decision. See Halfpenny Management Co., supra (because
Schneller did not appeal from final orders dated April 13, 2013 and March 4,
2014, that denied him in forma pauperis status, we were precluded from
addressing whether court properly denied him such status based upon ability
to pay court costs); see also Morgan Guarantee Trust Co. of new York
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3
However, even if we were to address the merits of this issue, we would
conclude that the trial court’s order denying Schneller’s motion to vacate the
arbitrators’ award was not an abuse of discretion where Halfpenny provided
written notice to Schneller to quit the leased premises effective February 28,
2013; the parties had a month-to-month lease with the right to terminate
for any reason or no reason at all; and, where Schneller refused to relinquish
possession of the demised premises.
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v. Mowl, 705 A.2d 923 (Pa. Super. 1998) (where party fails to appeal final
order, it operates as res judicata on issues decided). We will not revisit this
issue.
In his final claim, Schneller re-raises the issue that the trial court
improperly denied his request to reinstate his appeal. As our prior panel
noted, the trial court “found incredible [Schneller’s] claim that he had not
received notice of the March 4, 2014 order denying his application to
proceed in forma pauperis.” Halfpenny Management Co., supra at 3,
citing Trial Court Opinion, 8/13/14, at 2. Thus, Schneller was not excused
from forwarding the costs for filing the appeal from arbitration and the
appeal was properly stricken. See Pa.R.C.P. 240(c)(1)(ii) (requiring
petitioner to pay filing fee for appeal if petition to proceed in forma pauperis
denied and requiring Prothonotary to thereafter strike appeal if fee not paid).
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/24/2017
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