Lichtman, J. v. Chubb Group ( 2014 )


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  • J-A15009-14
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    JOAN LICHTMAN                               IN THE SUPERIOR COURT OF
    PENNSYLVANIA
    Appellant
    v.
    CHUBB GROUP OF INSURANCE
    COMPANIES, MATTHEW CARRAFIELLO,
    GARY GLAZER, EDWARD D. CHEW,
    BARBARA DEELEY, PHILADELPHIA
    SHERRIFF, CYNTHIA BERNSTIEL,
    NELSON LEVINE DELUCA & HORST, LLC,
    E. GERALD RIESENBACH, RITTENHOUSE
    PLAZA, INC., EDWARD EDELSTEIN,
    WILLIAM LEDERER, MARY DUDEN,
    STANTON OSWALD, RUTH FERBER,
    SANDRA FOXX-JONES, SLAVKO BRKICH,
    JON SIRLIN, DANA PLON, PETER
    LESSER, SUSAN KUPERSMITH,
    ADRIENNE HERNDON, SIRLIN GALLOGLY
    & LESSER, WALTER FLAMM, ALISON
    TULIO, WILLIAM CALLAHAN, FLAMM
    WALTON, SCOTT ADDIS, THE ADDIS
    GROUP, PAMELA DEMBE, ALLAN
    TERESHKO, IDEE C. FOX, WILLIAM
    MANFREDI, VICKI GOLDBERG, JOANNE
    DAVIDOW, PRUDENTIAL FOX ROACH,
    AND OLD REPUBLIC NATIONAL TITLE
    COMPANY
    Appellees                No. 1492 EDA 2013
    Appeal from the Order April 19, 2013
    In the Court of Common Pleas of Philadelphia County
    Civil Division at No(s): November Term, 2011, No. 03159
    BEFORE: PANELLA, J., LAZARUS, J., and JENKINS, J.
    MEMORANDUM BY PANELLA, J.:                 FILED SEPTEMBER 04, 2014
    J-A15009-14
    Appellant, Joan Lichtman, appeals, pro se, from the order denying her
    petition to open judgment, entered by the Honorable Sandra Mazer Moss,
    Court of Common Pleas of Philadelphia. After careful review, we quash the
    appeal.1
    Lichtman filed a praecipe for a writ of summons and a motion to
    proceed in forma pauperis on December 1, 2011. The trial court denied the
    in forma pauperis motion on December 30, 2011.             Lichtman requested
    reconsideration, which the trial court denied via order dated January 31,
    2012.      The trial court subsequently entered a judgment of non pros on
    Lichtman pursued various appellate remedies from the denial of in
    forma pauperis status, none of which were successful. On March 21, 2013,
    she filed the instant petition to open the judgment of non pros. On April 19,
    2013, the trial court denied the petition to open judgment, and Lichtman
    filed this timely appeal.
    On appeal, Lichtman raises five issues for our review:
    ____________________________________________
    1
    (wilfully late) Appellee Brief of, and to Disqulaify Reger, Rizzo & Darnall with
    e
    authority in her 43 page motion, our review leads us to conclude that it is
    simply a restatement of her allegations of perjury and official corruption,
    without actually developing any meaningful argument in support of specific
    allegations of error. Ulti
    any claims on appeal.
    -2-
    J-A15009-14
    1. Did the trial court err or abuse discretion, when failing even
    to read the docket sheet, and/or failing ot hold a hearing,
    and/or denying due process, prior to rendering a decision,
    clearly contradicts the facts, evidence and law on the record
    and before the Court?
    2.   Was the trial court biased against an unrepresented litigant?
    3.   Did the trial court err or abuse discretion, when sustaining
    mistakes/malfeasance by the Prothonotary, in the assignment
    of motions to a judge who is also a named defendant, and/or
    failing to vacate/strike a Judgment Non Pros which is legally
    null and void?
    4.   Did the trial court err or abuse discretion by failing to self-
    recuse?
    5.   Is the trial court in violation of Rules of Professional Conduct
    and Canons of Judicial Conduct, by failing to be informed as
    to the facts, evidence, and the governing law; by failing to
    obey the Rules and Canons, and thereby, having left the trial
    judge, herself, subject to disciplinary action for conduct
    sustaining, ratifying,
    which the trial court deliberately neglected to address, read,
    and/or consider, while egregiously endangering the literal
    survival of an impoverished, unrepresented litigant?
    defects, which hamper meaningful appellate review of her claims. We need
    not catalog them here, but note t
    both the scope and standard of review. See Pa.R.A.P. 2111.
    contains no citations to authorities, and makes no attempt to apply any
    authority to the present case.      See Pa.R.A.P. 2119(b).       By and large,
    -3-
    J-A15009-14
    lacks any explication of the issues she seeks to raise on appeal, and is
    broken into only two subsections, which are not directly related to the issues
    she lists in her statement of issues on appeal.
    Procedure and the defects are substantial, this Court may, in its discretion,
    Giant Food Stores, LLC v. THF Silver Spring Development, L.P., 
    959 A.2d 438
    , 443 n.1 (Pa. Super. 2008) (citing Pa.R.A.P. 2101). Furthermore,
    operly raised and developed in briefs, when the
    briefs are wholly inadequate to present specific issues for review[,] a Court
    Branch Banking and Trust v.
    Gesiorski, 
    904 A.2d 939
    , 942-43 (Pa. Super. 2006).
    We are therefore compelled to quash this appeal as the numerous and
    serious defects in the brief prevent us from conducting a meaningful review.2
    ____________________________________________
    2
    pro se
    litigant, we note that appellant is not entitled to any particular advantage
    because she lacks legal training. As our Supreme Court has explained, any
    layperson choosing to represent herself in a legal proceeding must, to some
    reasonable extent, assume the risk that her lack of expertise and legal
    training will prove her              
    Gesiorski, 904 A.2d at 942
    (citation
    omitted). As Lichtman has chosen to proceed pro se, she cannot now expect
    this Court to act as her attorney.
    -4-
    J-A15009-14
    Appeal quashed.
    (wilfully late) Appellee Brief of, and to Disqulaify Reger, Rizzo & Darnall with
    Jurisdiction relinquished.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 9/4/2014
    -5-
    

Document Info

Docket Number: 1492 EDA 2013

Filed Date: 9/4/2014

Precedential Status: Precedential

Modified Date: 10/30/2014