Com. v. Ghaleb, V. ( 2019 )

J-S63019-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
VIVIANE GHALEB :
:
Appellant : No. 1072 EDA 2019
Appeal from the Judgment of Sentence Entered March 20, 2019
In the Court of Common Pleas of Northampton County Criminal Division
at No(s): CP-48-SA-0000355-2018
BEFORE: GANTMAN, P.J.E., MURRAY, J., and STRASSBURGER, J.*
JUDGMENT ORDER BY MURRAY, J.: FILED DECEMBER 19, 2019
Viviane Ghaleb (Appellant) appeals pro se after the trial court found her
guilty of violating Section 435-8(E) of the City of Easton Code, which prohibits
occupancy of a structure “condemned and placarded by” a property
maintenance officer. See Easton Code, § 435-8(E).1 Because we lack
jurisdiction, we are constrained to transfer this appeal to the Commonwealth
Court of Pennsylvania.
Although neither party has challenged our jurisdiction, we may
determine whether we have jurisdiction sua sponte. See, e.g., M. London,
Inc. v. Fedders Corp., 452 A.2d 236, 237 (Pa. Super. 1982). “Jurisdiction
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
1City of Easton, Article I Property Maintenance, https://www.ecode360.com/
31652697.
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is purely a question of law; the appellate standard of review is de novo and
the scope of review plenary.” Commonwealth v. Seiders, 11 A.3d 495,
496–97 (Pa. Super. 2010).
Here, Appellant claims this Court has jurisdiction pursuant to 42
Pa.C.S.A. § 741 (Original Jurisdiction). See Appellant’s Brief at 1 (Statement
of Jurisdiction). Appellant is incorrect; this Court does not have original
jurisdiction. The provision Appellant cites reads:
The Superior Court shall have no original jurisdiction, except in
cases of mandamus and prohibition to courts of inferior
jurisdiction where such relief is ancillary to matters within its
appellate jurisdiction, and except that it, or any judge thereof,
shall have full power and authority when and as often as there
may be occasion, to issue writs of habeas corpus under like
conditions returnable to the said court.
42 Pa.C.S.A. § 741.
Section 741 is not applicable. To the contrary, 42 Pa.C.S.A. § 762
states:
(a) General rule.--Except as provided in subsection (b), the
Commonwealth Court shall have exclusive jurisdiction of
appeals from final orders of the courts of common pleas in the
following cases:
***
(4) Local government civil and criminal matters.--
42 Pa.C.S.A. § 762(a)(4) (emphasis added).
Furthermore, Section 742 dictates that the “Superior Court shall have
exclusive appellate jurisdiction of all appeals from final orders of the courts of
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common pleas except” those “within the exclusive jurisdiction of the . .
. Commonwealth Court.” 42 Pa.C.S.A. § 742 (emphasis added). The
Commonwealth Court of Pennsylvania has “exclusive jurisdiction of appeals
from final orders of the courts of common pleas . . . where is drawn in question
the application, interpretation or enforcement of any . . . statute regulating
the affairs of [a] municipality.” 42 Pa.C.S.A. § 762(a)(4)(i)(A).
We note that while we could assert jurisdiction pursuant to 42 Pa.C.S.A.
§ 704 (Waiver of objections to jurisdiction), we decline to do so, because this
appeal has not “already been transferred”; transfer could potentially “disrupt
the legislatively ordained division of labor between the intermediate appellate
courts”; and there exists the “possibility of establishing two conflicting lines of
authority.” Trumbell Corp. v. Boss Construction, Inc., 747 A.2d 395, 399
(Pa. Super. 2000).
Finally, Appellant will not be prejudiced by transfer. Pennsylvania Rule
of Appellate Procedure 751 provides that we “transfer the record to the proper
court . . . where the appeal . . . shall be treated as if originally filed in
transferee court on the date first filed . . .” Pa.R.A.P. 751(a).
For the above reasons, it is ORDERED that this appeal is transferred to
the Commonwealth Court of Pennsylvania.
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J-S63019-19
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/19/19
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