Hatchigian, D. v. Quaglia, R. ( 2017 )

J-A08024-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
DAVID HATCHIGIAN IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
RAYMOND QUAGLIA, REGINA QUAGLIA,
ARNOLD DRANOFF, DRANOFF &
PATRIZIO, P.C., STEVE LEVENTHAL,
REGER, RIZZO & DARNALL LLP,
TRAVELERS, FARMINGTON INS. CO.
Appellees No. 2390 EDA 2016
Appeal from the Order Entered July 19, 2016
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): 1890, March Term, 2016
BEFORE: PANELLA, J., LAZARUS, J., and STEVENS, P.J.E.*
MEMORANDUM BY LAZARUS, J.: FILED JUNE 20, 2017
David Hatchigian (“Hatchigian”) appeals from the order, entered in the
Court of Common Pleas of Philadelphia County, granting the preliminary
objections filed by Raymond Quaglia, Regina Quaglia, Farmington Casualty
Company, Steven G. Leventhal, Esquire, and Reger Rizzo & Darnell, LLP, and
dismissing the action based on the doctrine of lis pendens. We affirm.
This case arises out of an attorney/client relationship between
Hatchigian and Defendant Raymond Quaglia, Esquire (“Quaglia”). Quaglia
had represented Hatchigian in several matters, and, thereafter, Quaglia filed
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*
Former Justice specially assigned to the Superior Court.
J-A08024-17
a breach of contract suit against Hatchigian for unpaid fees. He also filed a
defamation suit against Hatchigian as a result of Hatchigian’s filing an
affidavit of forgery against Quaglia. That matter ultimately settled;
however, after the parties agreed to the terms of the settlement, and the
praecipe for discontinuance was filed, Hatchigian filed a petition to strike his
own praecipe to discontinue. The trial court denied that petition. A panel of
this Court affirmed. Quaglia v. Hatchigian, 2638 EDA 2013 (unpublished
memorandum, filed August 4, 2014). The Pennsylvania Supreme Court
denied Hatchigian’s petition for allowance of appeal. Quaglia v.
Hatchigian, 628 Pa. 633 (Pa. November 25, 2014).
In September 2015, Hatchigian filed suit against Quaglia, Arnold
Dranoff, the law firm of Dranoff & Patrizio PC, Steven Leventhal, Reger Rizzo
& Darnell, and Farmington Casualty Company (incorrectly named as
Travelers Insurance Company), claiming he never received the $7,000 in
settlement funds due,1 and raising claims of fraud, negligent mishandling of
settlement proceedings, breach of contract, failure to deliver settlement
proceeds, breach of settlement contract, and bad faith (“the 2015 case”).
Hatchigian filed a motion to amend his complaint to add a claim of bad faith
against Farmington and a claim of legal malpractice against Leventhal and
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1
On December 17, 2014, Hatchigian’s attorney mailed a check for
$7,000.00, dated December 19, 2011, issued from the Dranoff & Patrizio
client escrow account, which had represented Quaglia in the original matter.
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Reger Rizzo & Darnell. The trial court denied Hatchigian’s motion to amend.
The 2015 case is pending in the court of common pleas.
On March 21, 2016, Hatchigian filed the instant lawsuit (“the 2016
case”) against Quaglia, Regina Quaglia (Quaglia’s wife), Arnold Dranoff, the
law firms of Dranoff & Patrizio PC, Steen Leventhal, Reger Rizzo & Darnell,
and Farmington Casualty Company (incorrectly named as Travelers
Insurance Company). Defendants filed preliminary objections, and the trial
court, by order dated July 20, 2016, granted preliminary objections based on
the doctrine of lis pendens and dismissed the case. The trial court
determined that the 2016 case raised the same claims as the 2015 case, and
that “comparison of the Proposed Amended Complaint [Hatchigian] wished
to file in the 2015 case and the Complaint filed in [the] 2016 case reveals
they are almost identical.” Trial Court Opinion, 8/16/16, at 3. The court
determined that the only differences were the addition of Regina Quaglia as
a defendant, even though there are no allegations against her, 2 and “de
minimis changes in [the] wording of several paragraphs.” Id.Hatchigian filed a notice of appeal, and the trial court ordered
Hatchigian to file a statement of errors complained of on appeal pursuant to
Pa.R.A.P. 1925(b). Hatchigian filed a timely Rule 1925(b) statement,
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2
Hatchigian added Regina Quaglia as a defendant solely to allow any
judgment obtained against Quaglia to be collected from the Quaglias’
marital assets. See Plaintiff’s Response in Opposition to Regina Quaglia’s
Preliminary Objections, 7/5/16, at 2.
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however, his statement of errors did not include anything with respect to lis
pendens, which was the basis of the court’s ruling. Notably, in his statement
of issues in his appellate brief, Hatchigian changes the wording of error
number 3 from his Rule 1925(b) statement by adding the phrase “by
sustaining lis pendens objection[.]” This misrepresents the issues raised in
the Rule 1925(b) statement before the trial court,3 and fails to preserve the
only issue that might properly be raised before this Court. See Pa.R.A.P.
1925(b)(4)(vii)(“Issues not included in the Statement and/or not raised in
accordance with the provisions of this paragraph (b)(4) are waived.”).4 We,
therefore, agree with the trial court that Hatchigian has preserved nothing
for review.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/20/2017
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3
We note that Hatchigian is representing himself in this matter.
4
Hatchigian raised six issues in his Rule 1925(b) statement, none of which
raised lis pendens. The trial court did not address any of the issues as
nothing Hatchigian raised pertained to the underlying ruling.
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