J-A19002-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
META ZHURAW, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
KIERNAN CHALONER,
Appellant No. 348 EDA 2016
Appeal from the Order Entered December 22, 2015
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): 1509-V-7823
BEFORE: BENDER, P.J.E., DUBOW, J., and MUSMANNO, J.
JUDGMENT ORDER BY BENDER, P.J.E.: FILED SEPTEMBER 28, 2017
Appellant, Kiernan Chaloner, appeals pro se from the trial court’s
December 22, 2015 order, which essentially reinstated a prior, final
Protection From Abuse (PFA) order that was entered on September 14,
2015. Because Appellant’s notice of appeal was untimely filed, we quash his
appeal.
The trial court summarized the procedural history of this case, as
follows:
On September 9, 2015, Meta Zhuraw (hereinafter,
“Complainant”) filed a pro se ... [PFA] petition pursuant to the
Pennsylvania Protection From Abuse Act, 23 Pa. C.S. §[]6101, et
seq., seeking a PFA Order against her husband,…[Appellant]….
The next day, September 10, 2015, Complainant was granted a
Temporary PFA Order for “Protection Only-No Eviction” against
Appellant by the undersigned, the Honorable Joel S. Johnson. A
hearing on the petition was scheduled for September 14, 2015.
At the hearing, Complainant … appeared pro se and Appellant
appeared with counsel. Complainant and Appellant entered into
J-A19002-17
an Agreement Without Admission which was approved as a Final
Order by the undersigned. As such, no hearing was held. The
Agreement was for a [three] (3) year Final PFA Order with
Eviction (no contact) against Appellant, with an expiration date
of September 13, 2018. The Agreement was signed by
Complainant, Appellant and his counsel[,] and the court. On
October 22, 2015, a Petition to Modify the [F]inal PFA Order was
filed by Appellant through his counsel. On December 2, 2015, a
hearing on the Petition to Modify was held before the
undersigned and [the Petition] was [d]ismissed [w]ithout
[p]rejudice….
Trial Court Opinion, 3/2/17, at 1-2. On December 22, 2015, the court
entered an order reinstating the final PFA order that was issued on
September 21, 2015. On February 1, 2016, Appellant filed a pro se notice of
appeal from the December 22, 2015 order.
On February 22, 2016, Meta Zhuraw filed an application to quash
Appellant’s appeal, arguing that it was untimely filed. On March 4, 2016,
this Court issued a per curiam order denying Zhuraw’s application to quash,
without prejudice to her right to reassert the issue before the merits panel.
Appellee has done so in her brief (and, even had she not, this Court may sua
sponte assess the timeliness of an appeal, as it implicates our jurisdiction,
see Commonwealth v. Capaldi, 112 A.3d 1242, 1244 (Pa. Super. 2015)
(“We lack jurisdiction to consider untimely appeals, and we may raise such
jurisdictional issues sua sponte.”) (citation omitted)).
Our review of the record demonstrates that Appellant’s notice of
appeal was patently untimely, as it was filed 41 days after entry of the
December 22, 2015 order from which he appeals. See Pa.R.A.P. 903(a)
(“Except as otherwise prescribed by this rule, the notice of appeal required
-2-
J-A19002-17
by Rule 902 (manner of taking appeal) shall be filed within 30 days after the
entry of the order from which the appeal is taken.”). Appellant makes no
attempt to argue that we have jurisdiction to consider his claims, despite the
facial untimeliness of his notice of appeal. Consequently, we quash. See
Capaldi, supra.
Appeal quashed. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/28/2017
-3-