ACNB Bank v. Ream Properties, LLC ( 2017 )

J-A32021-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
ACNB BANK & ITS SUCCESSORS IN : IN THE SUPERIOR COURT OF
INTEREST TO THOMAS AND : PENNSYLVANIA
THERESA HAMILTON :
:
:
v. :
:
:
REAM PROPERTIES, LLC AND : No. 1063 MDA 2017
ROBERT L. PAULETTA JR. :
:
:
APPEAL OF: ROBERT L. PAULETTA :
JR.
Appeal from the Judgment Entered June 23, 2017
In the Court of Common Pleas of Cumberland County Civil Division at
No(s): 12-7363 Civil Term
BEFORE: OTT, J., DUBOW, J., and STRASSBURGER*, J.
JUDGMENT ORDER BY DUBOW, J.: FILED NOVEMBER 16, 2017
Pro se Appellant, Robert L. Pauletta Jr., appeals from the Judgment
entered against him, personally, in the amount of $120,000, plus attorney’s
fees of $4,100, in the Cumberland County Court of Common Pleas. Due to
the failure of Appellant’s Brief to conform to the Pennsylvania Rules of
Appellate Procedure, we are unable to provide meaningful review. We, thus,
dismiss the Appeal.
The facts are unnecessary for our disposition. Appellant’s status as a
pro se litigant does not relieve him “of his duty to properly raise and develop
his appealable claims.” First Union Mortg. Corp. v. Frempong, 744 A.2d
327, 337 (Pa. Super. 1999). “Although this Court is willing to liberally
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* Retired Senior Judge assigned to the Superior Court.
J-A32021-17
construe materials filed by a pro se litigant, pro se status confers no special
benefit upon the appellant.” Wilkins v. Marsico, 903 A.2d 1281, 1284–85
(Pa. Super. 2006). “This Court will not act as counsel and will not develop
arguments on behalf of an appellant.” Coulter v. Ramsden, 94 A.3d 1080,
1088 (Pa. Super. 2014); accord Commonwealth v. Blakeney, 108 A.3d
739, 767 (Pa. 2014).1
An appellant’s brief “must materially conform to the requirements of
the Pennsylvania Rules of Appellate Procedure.” In re Ullman, 995 A.2d
1207, 1211 (Pa. Super. 2010). In the case sub judice, Appellant’s Brief does
not identify where in the record the arguments were preserved before the
trial court. See Pa.R.A.P. 2117(c); see also Pa.R.A.P. 302, 2119(e). The
sum and substance of the argument section of Appellant’s Brief is one
paragraph of conclusory statements. Appellant provides no analysis or
citation to legal authority. In order for this Court to provide meaningful
review, the argument must include a “discussion and citation of authorities
as are deemed pertinent.” Pa.R.A.P. 2119(a). Furthermore, “[w]here the
appellant has failed to cite any authority in support of a contention, the
claim is waived.” Korn v. Epstein, 727 A.2d 1130, 1135 (Pa. Super. 1999).
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1 “Since the Rules of Appellate Procedure apply to criminal and civil cases
alike, the principles enunciated in criminal cases construing those rules are
equally applicable in civil cases.” Kanter v. Epstein, 866 A.2d 394, 400 n.6
(Pa. Super. 2004).
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J-A32021-17
See also Wilkins, 903 A.2d at 1284 (this Court may dismiss appeal for
failure to conform to rules of appellate procedure).
Accordingly, we dismiss the appeal. See also Pa.R.A.P. 2101.
Judgment affirmed. Appeal dismissed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/16/2017
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