Com. v. Ritter, W. ( 2023 )

J-S30027-22
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
WILLIAM SCOTT RITTER, JR. :
:
Appellant : No. 601 EDA 2022
Appeal from the PCRA Order Entered November 24, 2021
In the Court of Common Pleas of Monroe County Criminal Division at
No(s): CP-45-CR-0002238-2009
BEFORE: STABILE, J., McCAFFERY, J., and PELLEGRINI, J.*
JUDGMENT ORDER BY McCAFFERY, J.: FILED JUNE 9, 2023
William Scott Ritter, Jr. (Appellant), appeals pro se from the order
entered November 24, 2021, in the Monroe County Court of Common Pleas
denying his “Petition for Post Conviction Collateral Relief Pursuant to 42
Pa.C.S. § 9545 and/or Writ of Coram Nobis.” We quash this appeal as
untimely filed.
Upon our initial review of this matter, we observed that Appellant’s
notice of appeal ─ filed on February 23, 2022 ─ appeared to be untimely filed
from the order denying relief on November 24, 2021. See Pa.R.A.P. 903(a)
(requiring appeal be filed within “30 days after the entry of the order from
which the appeal is taken”). The docket indicates that notice of the order was
sent to Appellant by first class mail on the day it was entered ─ November 24,
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* Retired Senior Judge assigned to the Superior Court.
J-S30027-22
2021. See Docket Entry, 11/24/21. The record also includes an affidavit
signed by the Monroe County Senior Deputy Clerk that attests the order was
mailed to Appellant on November 29th. See Affidavit, 11/29/21.
Nevertheless, Appellant insists the order was not mailed to him until January
27, 2022. See Appellant’s Brief at 30-31. Further, in response a rule to show
cause issued by this Court, Appellant implied he was in possession of a
postmarked envelope that would support his claim. See Appellant’s Response
to Rule to Show Cause, 5/19/22, at 2. Therefore, we remanded the case to
the trial court to conduct a limited hearing to determine when its November
24th order was mailed to Appellant, so that we could determine if the appeal
was timely filed.
The trial court conducted a hearing on March 21, 2023, at which time
Appellant failed to provide any documentation to support his assertion that
the order was not mailed to him until January of 2022. See Order, 5/30/23,
at 1 (unpaginated). However, Appellant continued to insist that the United
States Postal Service (USPS) could provide evidence supporting his allegation.
Accordingly, the trial court granted Appellant’s request “to direct the [USPS]
to investigate and provide a mail image of the envelope containing [the court’s
o]rder” and “left the record open for 45 days” so that Appellant could
supplement the record. See id. Appellant failed to do so.
On May 30, 2023, the trial court entered an order determining that its
November 24th order denying Appellant’s petition was “served upon
[Appellant] by the Court [no later than] November 30, 2021, as reflected in
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J-S30027-22
the docket entries[,]”1 so that Appellant’s untimely notice of appeal did not
result “from a breakdown in the court system.” Order, 5/30/23.
Upon our review, we agree Appellant’s notice of appeal filed on February
22, 2022, was untimely, and that Appellant did not prove that his failure to
file a timely notice of appeal resulted from a breakdown in the operations of
the court. See Commonwealth v. Stansbury, 219 A.3d 157, 160 (Pa.
Super. 2019) (breakdown in court system may excuse untimely notice of
appeal). Because we have “no jurisdiction to consider untimely appeals,” we
quash this appeal. See Commonwealth v. Capaldi, 112 A.3d 1242, 1244-
45 (Pa. Super. 2015).
Appeal quashed. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/9/2023
____________________________________________
1 It is unclear why the trial court referred to the November 30, 2021, date in
its order. As noted above, the docket entries indicate the November 24th
order was mailed that same day, while an affidavit filed by the Senior Deputy
Clerk indicates it was mailed on November 29th. Regardless, even if we
determine the order was mailed on November 30, 2021, Appellant’s notice of
appeal was not filed until February 22, 2022, which would still be untimely.
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