J-A14015-20
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
ADDISON TERRACE PHASE 4, L.P. : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
MARK A. HUNTER :
:
Appellant :
MARK HUNTER :
:
Appellant :
:
:
v. :
:
:
KBK ENTERPRISES : No. 1430 WDA 2019
Appeal from the Order Entered August 29, 2019
In the Court of Common Pleas of Allegheny County Civil Division at
No(s): GD 19-004265
GD 19-005486
BEFORE: SHOGAN, J., McLAUGHLIN, J., and MUSMANNO, J.
MEMORANDUM BY SHOGAN, J.: FILED OCTOBER 23, 2020
Appellant, Mark A. Hunter, appeals pro se from the August 29, 2019
order granting the Motion to Enforce Settlement Agreement filed by Appellee,
Addison Terrace Phase 4, L.P.1 After review, we quash the appeal.
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1The caption in this case has been corrected to reflect that Appellant’s appeal
was from two dockets, GD-19-005486 and GD-19-004265.
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The trial court set forth the following:
This action arose due to [Appellant’s] incursion onto
neighboring property, owned by [Appellee]. [Appellant’s] property
was immediately adjacent to [Appellee’s] property, upon which the
construction of a housing development was taking place. Appellant
had allegedly placed old vehicles upon [Appellee’s] property and
taken measures to delay the construction. Therefore, [Appellee]
filed a Motion for Preliminary Injunction in April, 2019.
Argument of [Appellee’s] said Motion was held on April 15,
2019, before the Honorable Patrick M. Connelly. [Appellant] was
represented by Daniel Stoner and Vincent Roskovensky
represented [Appellee]. A transcript of the proceeding was made.
No determination regarding the granting of the Motion was made
on that date and the Argument was to continue at 11:00 a.m., the
next day.
The docket indicates that on April 17, 2019, the Judge
entered an Order by which [Appellee] withdrew its Motion. Filings
demonstrate that while [Appellee] believed that the parties had
reached an Agreement to purchase [Appellant’s] property,
[Appellant] refused to sign an Agreement because he did not want
to pay the real estate transfer tax. His counsel, Daniel Stoner,
withdrew his appearance on [Appellant’s] behalf.
On August 29, 2019, this [c]ourt was hearing general
Motions. It was presented by [Appellee] with a Petition to Enforce
Settlement Agreement. [Appellant] did not appear and filed no
written response to said Petition. Therefore, this [c]ourt granted
Appellee’s Petition to Enforce on that date.
Memorandum in Lieu of Opinion, 11/15/19, at 1-2.
By way of further background, Appellee’s initial action was filed at trial
docket number GD-19-005486 (“No. 5486”). In March of 2019, Appellant filed
a complaint against KBK Enterprises (“KBK”), the general partner of Appellee,
seeking various forms of injunctive relief against KBK at trial court docket
number GD-19-004265 (“No. 4265”). It appears no action was taken
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regarding Appellant’s complaint until the trial court filed its August 29, 2019
order granting Appellee’s motion to enforce settlement. In addition to
granting enforcement of the settlement agreement and setting forth the
procedure by which enforcement would be effectuated, the August 29, 2019
order also discontinued, with prejudice, the litigation Appellant filed against
KBK at No. 4265. Order, 8/29/19, at 11, ¶ 5. The certified record before us
demonstrates that the caption of the August 29, 2019 order from which
Appellant purports to appeal lists both No. 4265 and No. 5486.
Before we reach the merits of Appellant’s appeal, we must determine
whether the notice of appeal filed by Appellant satisfies the dictates of
Commonwealth v. Walker, 185 A.3d 969 (Pa. 2018) (requiring separate
notices of appeal for each lower court docket). In Walker, our Supreme
Court held that “in future cases Rule 341(a) will, in accordance with its Official
Note, require that when a single order resolves issues arising on more than
one lower court docket, separate notices of appeal must be filed. The failure
to do so will result in quashal of the appeal.” Walker, 185 A.3d at 977.
On September 13, 2019, Appellant filed a single notice of appeal. The
notice is comprised of a cover sheet and a notice of appeal. The cover sheet
lists No. 5486, and the notice of appeal lists No. 4265. Appellant also attached
a copy of the August 29, 2019 order from which he wishes to appeal, which
adds to the confusion surrounding his notice. Although the substance of the
order attached to Appellant’s notice of appeal appears to be a photocopy of
the August 29, 2019 order, there is one significant discrepancy between that
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order and the August 29, 2019 order contained in the certified record on
appeal: The order attached to Appellant’s notice of appeal lists only No. 5486,
yet the order contained in the certified record lists both No. 5486 and No.
4265. Although we will not venture to guess why the order attached to
Appellant’s notice of appeal does not match the August 29, 2019 order
contained in the certified record with respect to the docket numbers listed in
the caption, suffice it so say that we may only consider the certified record
before us. Richner v. McCance, 13 A.3d 950, 957 n. 2 (Pa. Super. 2011).
Appellant’s notice of appeal documents are inconsistent with the mandate of
Walker. Consequently, we quash this appeal for noncompliance with Walker.
We further note that Appellant purports to raise a sufficiency-of-the-
evidence challenge in his brief. Specifically, Appellant avers that the evidence
was not sufficient to support the trial court’s order enforcing the settlement
agreement. Appellant did not raise this issue in his court-ordered Pa.R.A.P.
1925(b) statement.2 Concise Matter of Statement, 9/19/19. Therefore, even
if we did not quash this appeal due to Appellant’s Walker violation, Appellant
would have waived this issue for failure to raise it in his Rule 1925(b)
statement. Greater Erie Indus. Development Corp. v. Presque Isle
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2 On September 19, 2019, the trial court ordered Appellant to file a concise
statement of errors complained of on appeal within twenty-one days of the
date of the order pursuant to Pa.R.A.P. 1925. Order, 9/19/19. Appellant filed
a statement that same day, but the statement did not identify any errors on
the part of the trial court and instead contains facts and legal arguments
regarding the allegedly illegal and fraudulent conduct of Appellee relating to
the settlement agreement. Concise Matter of Statement, 9/19/19.
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Downs, 88 A.3d 222, 224 (Pa. Super. 2014) (“Our Supreme Court intended
the holding in [Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998)] to operate
as a bright-line rule, such that ‘failure to comply with the minimal
requirements of Pa.R.A.P. 1925(b) will result in automatic waiver of the
issues raised.’”)(emphasis in original).
Appeal quashed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/23/2020
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