Com. v. Stetter, J. ( 2015 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
JEFFREY STETTER,
Appellant No. 1877 WDA 2014
Appeal from the PCRA Order October 7, 2014
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0002814-2006
BEFORE: SHOGAN, OLSON, and WECHT, JJ.
MEMORANDUM BY SHOGAN, J.: FILED OCTOBER 22, 2015
Appellant, Jeffrey Stetter, appeals from the order denying his petition
for collateral relief filed pursuant to the Post Conviction Relief Act (“PCRA”),
42 Pa.C.S. §§ 9541-9546. We affirm.
On direct appeal, a prior panel of this Court summarized the factual
and procedural history of this case as follows:
The relevant facts and procedural history are as follows:
Appellant was arrested, and represented by counsel, he
proceeded to a bench trial with co-defendant George Maxwell.2
At the trial, sixty-five-year-old Richard Sharp testified that, on
September 18, 2005, he was camping at 14 Zimmerman Avenue
in Overbrook with Stacey Bulford, who was a known prostitute.
At approximately 8:00 p.m., he left the camping trailer;
however, Ms. Bulford remained inside of the trailer. At
approximately 9:30 p.m., Mr. Sharp returned to the camping
trailer, and he testified as follows regarding what transpired
upon his return:
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2
Mary Laurence was also charged in connection
with this case. Without objection, her case was
severed from Appellant’s and Mr. Maxwell’s trial.
Q: And what did you do upon returning to the
trailer?
A: I opened the door.
Q: Which door?
A: There’s only one door. It’s a side door.
Q: Okay. Was the door locked or unlocked when you
arrived?
A: It was unlocked.
Q: Now, tell the Judge in your own words what you
experienced.
A: Okay. I walked into the camper, walked up like
one step, two steps. I got [sic] hit over the head
with I don’t know what; and I fell [on]to the ground;
and I continually got [sic] hit on the head and
kicked. I fought back as best as I could.
Q: At what location were you in the inside of the
trailer when this occurred?
A: It’s a room that’s called the kitchen. It’s like—I
fell right like under by the table, kitchen table.
Q: You were knocked to the floor?
A: Yes.
Q: Were you able to see anybody in and around you
when you were knocked to the floor?
A: There was [sic] two male sil[h]ouettes.
Q: Two male sil[h]ouettes?
A: Yes.
Q: Were you able to see faces associated with those?
A: No.
Q: What was the lighting conditions in that particular
room where this assault occurred?
A: It was dark, because when I left, the battery that
powered the lights in the camper trailer was [sic]
almost dead. When I came back, it was dead, and
there were no lights in the camper trailer.
Q: Now, other than being struck and kicked, was
there anything else done to you when you were on
the floor?
A: They stole the waist pack that I had that had
pepper spray in it and what’s called a Myotron, looks
like a super stun gun.
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Q: That was attached to what part of your body?
A: Around my waist.
Mr. Sharp testified that Ms. Bulford was in the trailer
during the attack, and the men fled the scene after the attack.
Mr. Sharp called 911, resulting in the police’s arrival upon the
scene, and due to the severity of his injuries, Mr. Sharp was
taken to a nearby hospital where he received treatment for
multiple cuts. Mr. Sharp admitted that he brought Ms. Bulford to
the trailer and paid her for sex, and he had done so with other
women, including Mary Laurence. Mr. Sharp testified that, after
the police had identified Ms. Bulford as a possible accomplice,
Ms. Bulford identified Mr. Maxwell and Appellant as the men who
had assaulted Mr. Sharp.
Ms. Bulford confirmed that she was at Mr. Sharp’s camping
trailer on the day in question, and at some point, he left the
trailer while she stayed behind sleeping in the bedroom. After
Mr. Sharp left, Ms. Laurence came into the trailer, awoke
Ms. Bulford, and told her “not to worry about what [she was]
about to see.” Ms. Laurence then left the trailer and Ms. Bulford
went back to sleep. Shortly thereafter, she heard Mr. Sharp
screaming and she testified the following transpired:
Q: And when you heard that screaming what did you
do?
A: I jumped up and asked, yelled, what was going
on to [Mr. Sharp], and flicked on the light.
Q: And when you did that, what, if anything, did you
observe?
A: I had seen [Mr. Sharp] on the floor, bloody, and
two males running out of the trailer.
Q: And did you recognize the two males?
A: Yes.
Q: And who were they?
A: George Maxwell and [Appellant] Jeff Stetter.
Ms. Bulford then positively pointed out Mr. Maxwell and
Appellant in court as the men she had observed running out of
the trailer on the night in question. Ms. Bulford admitted that
she has prior convictions for forgery, receiving stolen property,
and theft by unlawful taking. She further admitted that she uses
aliases, was a heroin addict, and received money from Mr. Sharp
in exchange for sex. Furthermore, she admitted that she did not
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tell the police the name of Mr. Sharp’s attackers until
approximately one month after the incident occurred.
Detective William Friburger testified that, on September
18, 2005, at approximately 9:30 p.m., he responded to a 911
call at a trailer park on Zimmerman Street. Upon arrival,
Mr. Sharp, who was bleeding, reported he had been robbed.
Referring to his report, Detective Friburger testified that, on the
night of the incident, Ms. Bulford reported that she “did not see
anything” and was in a back room when the assault occurred.
Ms. Laurence testified that, on September 18, 2005, she,
Mr. Maxwell, Appellant, and a woman were together smoking
crack cocaine in a car. Needing more money, Ms. Laurence
indicated she would ask Mr. Sharp for money. The group went
to Mr. Sharp’s trailer; however, he was not at home, and
therefore, they left. A short time later, the group returned to
the trailer, and Mr. Maxwell and Appellant went inside to talk to
Ms. Bulford while Ms. Laurence and the woman stayed inside of
the car. Approximately half an hour later, Mr. Maxwell and
Appellant returned to the car. Ms. Laurence noticed Appellant’s
arm “looked wet” and he threw something in the woods before
entering the car. She also noticed that Mr. Maxwell was carrying
a “belly bag.” The men informed Ms. Laurence that Ms. Bulford
had invited them into the trailer and they had a couple of beers.
The men further indicated that, at some point, Ms. Bulford said,
“Here comes Rich,” she shut off the lights, and she directed the
men where to stand in anticipation of Mr. Sharp’s arrival.
Ms. Laurence admitted that the Commonwealth charged
her as a co-defendant and offered her leniency in exchange for
her testimony. Ms. Laurence admitted that she uses illegal
drugs, Mr. Sharp paid her for sex, she uses aliases, and she has
several criminal convictions.
At the conclusion of the Commonwealth’s case-in-chief,
Appellant’s and Mr. Maxwell’s attorneys made a motion for
judgment of acquittal, which the trial court denied. Thereafter,3
specifically finding the Commonwealth’s witnesses to be credible,
the trial court found Appellant guilty of the crimes indicated
supra.4
3
We note the defense put forth no witnesses.
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4
The trial court also found Mr. Maxwell guilty of
robbery, burglary, and criminal conspiracy.
Commonwealth v. Stetter, 711 WDA 2010, 30 A.3d 538 (Pa. Super. filed
May 13, 2011) (unpublished memorandum at 1-6) (internal citations
omitted).
Following Appellant’s above-referenced convictions of burglary,
robbery, and criminal conspiracy at Criminal Information No. CC 200602814,
Appellant was sentenced to the mandatory minimum term of imprisonment
of ten to twenty years for the burglary conviction. The sentence was to run
consecutively to a seven-to-fourteen-year sentence that Appellant had
already begun serving at Criminal Information No. CC 200806982. There
were no further penalties imposed at the remaining convictions. Appellant
filed a post-sentence motion in which he requested that the ten-to-twenty-
year term of imprisonment at the burglary count run concurrently with the
term of incarceration previously imposed at No. CC 200806982. The post-
sentence motion was denied.
As noted, Appellant filed a direct appeal. The appeal challenged the
sufficiency of the evidence, the weight of the evidence, and the fact that the
sentence was imposed consecutively rather than concurrently. A panel of
this Court denied Appellant’s claims and affirmed his judgment of sentence,
and on March 1, 2013, the Supreme Court of Pennsylvania denied
Appellant’s petition for allowance of appeal. Commonwealth v. Stetter,
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711 WDA 2010, 30 A.3d 538, (Pa. Super. filed May 13, 2012) (unpublished
memorandum), appeal denied, 63 A.3d 1247 (Pa. 2013).
On May 22, 2014, Appellant filed a pro se PCRA petition.1 Robert S.
Carey, Jr., Esquire, was appointed to represent Appellant. On August 27,
2014, Attorney Carey filed a “Motion to Withdraw as PCRA Counsel,
Proposed Order Pursuant to Pa.R.[Crim].P. 907, and Turner/Finley[2] No-
Merit Letter”. Judge Machen of the PCRA court granted counsel’s request to
withdraw and gave Appellant notice of the court’s intent to dismiss his PCRA
petition. Appellant filed a pro se response to Judge Machen’s notice of the
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1
A PCRA petition must be filed within one year of the date that the
judgment of sentence becomes final. 42 Pa.C.S. § 9545(b)(1). A judgment
of sentence “becomes final at the conclusion of direct review, including
discretionary review in the Supreme Court of the United States and the
Supreme Court of Pennsylvania, or at the expiration of time for seeking the
review.” 42 Pa.C.S. § 9545(b)(3). Here, U.S. Supreme Court review could
have been sought within ninety days of March 1, 2013. U.S. Sup. Ct. R. 13.
Thus, Appellant had until May 30, 2013, to seek additional review, and until
May 30, 2014, to timely file a PCRA Petition.
Appellant’s pro se PCRA petition is docketed as filed on June 5, 2014.
Attached to the pro se filing, however, is a certificate of service from
Appellant that he placed his petition in the prison mail system on May 22,
2014. Pursuant to the “prisoner mailbox rule,” this petition would be timely
filed. See Commonwealth v. Crawford, 17 A.3d 1279, 1281 (Pa. Super.
2011) (“Under the prisoner mailbox rule, we deem a pro se document filed
on the date it is placed in the hands of prison authorities for mailing.”).
Thus, we agree with the trial court’s conclusion that “[t]he necessary
quantum of evidence is before this Court to rule that [Appellant’s] PCRA was
timely filed based upon his Certificate of Service.” PCRA Court Opinion,
2/11/15, at 5 n.1.
2
Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and
Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc).
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court’s intent to dismiss. By order entered October 7, 2014, Judge Machen
dismissed Appellant’s PCRA petition.
On November 3, 2014, Appellant filed a pro se notice of appeal to this
Court.3 On November 18, 2014, this case was assigned to Judge Joseph K.
Williams, III following the retirement of Judge Machen. On December 14,
2014, Appellant filed his court-ordered concise statement of errors
complained of on appeal. Judge Williams issued a Pa.R.A.P. 1925(a) opinion
on February 11, 2015.
Appellant presents the following issues for our review, which we
reproduce verbatim:
1): P.C.R.A. COUNSEL WAS INEFFECTIVE FOR FAILURE TO
RAISE TRAIL COUNSELS INEFFECITIVENESS, FOR FAILURE TO
OBJECT TO TRIAL COURTS APPLICATION OF 42 Pa.C.S. 9714 IN
SENTENCING PETITIONER TO A MANDATORY MINIMUM OF 10-
20 YRS. LAYERED INEFFECTIVE ASSISTANCE OF COUNSEL,
WHERE COUNSEL FAILED TO OBJECT TO THE COURT “ERROR”
IN SENTENCING.
1): Ineffective assistance of appeal counsel, counsel failed to
investigate after-discovered evidence of commonwealth’s key
witness perjured testimony.
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3
The notice of appeal is docketed as filed with the Superior Court on
November 12, 2014. Based on the postage time stamp on Appellant’s notice
of appeal, however, it appears that the notice was deposited in the prison’s
mail on November 3, 2014. Thus, we deem Appellant’s notice of appeal
timely filed pursuant to the “prisoner mailbox rule.” See Crawford, 17 A.3d
at 1281 (“Under the prisoner mailbox rule, we deem a pro se document filed
on the date it is placed in the hands of prison authorities for mailing.”).
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2): Trial counsel was ineffective for failing to unequivocally
establish facts at trail which would have proven the
commonwealth’s key testified falsely.
3): Ineffective assistance of counsel for failing to investigate the
witness’s and the alleged co-conspirator, Mary Laurence.
Appellant’s Brief at 1, 5.4
Our standard of review of an order denying PCRA relief is whether the
record supports the PCRA court’s determination and whether the PCRA
court’s determination is free of legal error. Commonwealth v. Phillips, 31
A.3d 317, 319 (Pa. Super. 2011) (citing Commonwealth v. Berry, 877
A.2d 479, 482 (Pa. Super. 2005)). The PCRA court’s findings will not be
disturbed unless there is no support for the findings in the certified record.
Id. (citing Commonwealth v. Carr, 768 A.2d 1164, 1166 (Pa. Super.
2001)).
All of Appellant’s claims allege ineffective assistance of counsel. When
considering an allegation of ineffective assistance of counsel (“IAC”), counsel
is presumed to have provided effective representation unless the PCRA
petitioner pleads and proves that: (1) the underlying claim is of arguable
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4
Appellant failed to raise all of his issues in a statement of questions
involved as required by Pa.R.A.P. 2116. Three of his issues are raised under
the heading “Issues before the court” on page five of Appellant’s brief. The
first issue listed above, however, is found on page one of Appellant’s brief.
Additionally, Appellant has failed to divide the argument section of his brief
into as many parts as there are questions to be argued as required by
Pa.R.A.P. 2119. While our review is somewhat hampered by Appellant’s
failure to comply with these rules, we will address the issues to the extent
possible.
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merit; (2) counsel had no reasonable basis for his or her conduct; and (3)
appellant was prejudiced by counsel’s action or omission. Commonwealth
v. Spotz, 84 A.3d 294, 311 (Pa. 2014). “In order to meet the prejudice
prong of the ineffectiveness standard, a defendant must show that there is a
‘reasonable probability that but for counsel’s unprofessional errors, the result
of the proceeding would have been different.’” Commonwealth v. Reed,
42 A.3d 314, 319 (Pa. Super. 2012). A claim of ineffective assistance of
counsel will fail if the petitioner does not meet any of the three prongs.
Commonwealth v. Simpson, 66 A.3d 253, 260 (Pa. 2013). “The burden
of proving ineffectiveness rests with Appellant.” Commonwealth v. Rega,
933 A.2d 997, 1018 (Pa. 2007).
Appellant first argues that PCRA counsel was ineffective for failing to
raise trial counsel’s alleged ineffectiveness of failing to object to the trial
court’s application of 42 Pa.C.S. § 9714 in sentencing Appellant to a
mandatory minimum sentence of ten to twenty years. Appellant’s Brief at 1.
Appellant maintains that the sentencing court had insufficient evidence of
Appellant’s prior criminal history as is necessary under section 9714. Id. at
2.
Pursuant to 42 Pa.C.S. § 9714(a)(1), “[a]ny person who is
convicted . . . of a crime of violence shall, if at the time of the commission of
the current offense the person had previously been convicted of a crime of
violence, be sentenced to a minimum sentence of at least ten years of total
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confinement. . . .” The PCRA court provided the following analysis in
addressing Appellant’s claims:
The statutory language [of section 9714] sets up the
necessary events which must occur before this recidivist
provision can apply. The initial inquiry is the present crime. It
must be a crime of violence. Section 9714(g) includes burglary
under Section 3502(a)(1) as satisfying that definition. The
Information did not make reference to a specific sub-section but
contained sufficient facts to put [Appellant] on notice that
someone was present when the burglary happened. The facts at
trial also showed a person was present when [Appellant] entered
the trailer. The present crime was a crime of violence under
Section 9714(g).
The next area of inquiry is date driven as there is a
connection between the present crime and one’s criminal past.
The present crime of violence was committed on September 18,
2005. So, this date is the cut-off date for any prior convictions.
The [c]ourt has reviewed the entire record and, unfortunately,
the sentencing guideline form is not part of the court papers.
Despite its absence, the record still shows, by circumstantial
evidence, that his prior crime of violence happened before
September 18, 2005. At sentencing, the prosecutor told the
[c]ourt that defense counsel knew that upon conviction the 10
year mandatory would be sought. Transcript, pg. 70. The post-
sentence motion filed after sentencing referenced the 10 year
mandatory but its focus was on the [c]ourt’s exercise of
discretion and not some infirmity associated with the mandatory.
The absence of argument informs this [c]ourt that [Appellant]
was adjudicated guilty of his prior crime of violence before
Sept. 18, 2005.
A clear inference from reading the sentencing transcript is
that Judge Machen received information about the prior matter.
However, those documents are not part of the Clerk of Courts
file. However, this Court will take judicial notice of the contents
of case #CP-02-CR-10828-1991. See, Pa.R.E. 201(f)(“[j]udicial
notice may be taken at any stage of the proceeding.”);
Commonwealth v. Tau Kappa Epsilon, 609 A.2d 791 (Pa. 1992).
On April 6, 1992, [Appellant] entered a guilty plea to a felony -
one robbery wherein he received a sentence of 2 to 5 years. By
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every indication, this 1991 matter is the prior, predicate crime of
violence that triggered the application of the 10 year mandatory.
So with this discussion behind us, [Appellant’s] two,
specific arguments can be resolved rather quickly. He first
complains that “the burglary conviction upon which the request
was based occurred AFTER the acts giving rise to the instant
case”. Defendant’s Response/Objections to 907 Notice, pg. 1 -2.
[Appellant] has his facts wrong. The prior conviction was a
robbery and he was sentenced on that case many years before
the present September, 2005 conduct. Transcript, pg. 71 (“So
because of a prior robbery, the burglary now, you’re invoking the
mandatory?”). His other complaint is that the [c]ourt did not
require the government to provide proof of the “first strike
conviction”. The factual record tells a totally different story.
Defense counsel knew about the prior conviction and how it
would serve as a predicate to the imposition of the mandatory.
The trial court received the guidelines from the prosecutor.
Transcript, pg. 69. A short time later, the [c]ourt reviewed what
precisely the government was asking for. “So because of a prior
robbery, the burglary now, you’re invoking the mandatory?[”]
Transcript, pg. 71. The record also shows there was no
objection from defense counsel about the prior. The absence is
supportive of the [c]ourt’s conclusion that the government did,
in fact, discharge its burden of proof regarding the prior
conviction.
PCRA Court Opinion, 2/11/15, at 7-8.
The Commonwealth agrees that the first degree felony robbery at
Criminal Information No. CC 199110828, to which Appellant pled guilty on
April 6, 1992, was the prior crime of violence that resulted in the mandated
ten-year minimum sentence for the instant burglary. Commonwealth’s Brief
at 13. As noted, the court may take judicial notice of that prior conviction.
See Commonwealth v. Brown, 839 A.2d 433, 435 (Pa. Super. 2003) (“A
court may take judicial notice of an indisputable adjudicated fact.”); see
also Pa.R.E. 201(b)(2) (“The court may judicially notice a fact that is not
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subject to reasonable dispute because it . . . can be accurately and readily
determined from sources whose accuracy cannot reasonably be
questioned.”). Thus, we agree with the PCRA court’s conclusion that there
was sufficient evidence of record to establish Appellant’s prior conviction for
a violent crime as required under section 9714(a)(1). Moreover, because
the underlying claim lacks arguable merit, Appellant’s claim for ineffective
assistance of PCRA counsel fails.
Appellant next asserts that appellate counsel was ineffective for failing
to investigate after-discovered evidence related to two of the
Commonwealth’s main witnesses who Appellant contends perjured
themselves at trial. Appellant’s Brief at 5. First, Appellant asserts that
Commonwealth witness Mary Laurence wrote Appellant a letter after trial
stating that she lied at trial, and “followed her attorney’s advise [sic] to
avoid imprisonment and she would get leniency in exchange for her
testimony.” Id. Appellant argues that PCRA counsel was ineffective for
failing to investigate this claim, and instead, filing a “no-merit” letter. Id.
We acknowledge that, as a general matter, recantation evidence “is
notoriously unreliable, particularly where the witness claims to have
committed perjury.” Commonwealth v. D’Amato, 856 A.2d 806, 825 (Pa.
2004). When seeking a new trial based on alleged after-discovered evidence
in the form of recantation testimony, the petitioner must establish that: (1)
the evidence has been discovered after trial and it could not have been
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obtained at or prior to trial through reasonable diligence; (2) the evidence is
not cumulative; (3) it is not being used solely to impeach credibility; and (4)
it would likely compel a different verdict. Commonwealth v. Johnson, 966
A.2d 523, 541 (Pa. 2009).
A review of the note written to Appellant by Ms. Laurence vaguely
states that she lied, but it does not specify the content of her alleged
fabricated testimony. PCRA Petition, 5/22/14, Attachment. Thus, the lack
of specificity makes it unclear as to whether this testimony would compel a
different verdict.
Additionally, at trial it was made clear that Ms. Laurence was charged
as a co-defendant in the matter and was offered leniency, specifically
probation, in exchange for her testimony. N.T., 11/2/09, at 53-57.
Ms. Laurence also admitted on cross-examination that she had a history of
convictions for crimes that involved dishonesty or false statements and that
she had used aliases before. Id. at 54-55. Thus, evidence calling into
question Ms. Laurence’s credibility already had been introduced at trial.
Accordingly, we cannot agree that it is likely that the letter would compel a
different verdict. Moreover, Appellant states in his PCRA petition that
Ms. Laurence is deceased. PCRA Petition, 5/22/14, at 4. The unavailability
of Ms. Laurence, coupled with the vague nature of the content contained in
her letter, is insufficient to establish that the recantation testimony would
likely compel a different result.
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Thus, we agree with the PCRA court’s determination that the
underlying claim has no arguable merit. Because the underlying assertion
lacks arguable merit, Appellant has failed to establish a claim of ineffective
assistance of counsel.
Appellant next contends that appellate counsel was ineffective for
failing to investigate after-discovered evidence pertaining to Stacey Bulford.
Appellant’s Brief at 6. In support of this claim, Appellant presents the
following verbatim explanation:
Petitioner made an after-discovered evidence on commonwealth
key witness Stacy Bulford, she made statements to two men
who she was trying to by drugs from that she lied about
everything and that the police forced her to do so and so did
Mr. Sharp who was supporting her drug habit, These two men
informed petitioners brother what was said and stated to him
they would testify to this, petitioner brother then notified this
petitioner of these events taken place.
Appellant’s Brief at 6. In his PCRA petition, Appellant identifies these two
men as John Stenger and Donny Ukalettie. PCRA Petition, 5/22/14, at 6-7.
We first note that the proposed testimony is not valid after-discovered
evidence because it is merely an attack on Ms. Bulford’s credibility.
Furthermore, in his no-merit letter, PCRA counsel Attorney Carey stated that
during his representation of Appellant, counsel was unable to make contact
with any of the following proposed witnesses: William Stetter (Appellant’s
brother), John Stenger, or Donny Ukalettie. PCRA Counsel No-Merit Letter,
8/27/14, at 10. Thus, the veracity of Appellant’s assertion has not been
confirmed, and this “after-discovered evidence” is no more than Appellant’s
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unsupported statement. Because the underlying claim lacks merit, we
cannot agree that appellate counsel was ineffective. This claim also fails.
In his next issue, although inartfully pled, it appears that Appellant is
attempting to argue that trial counsel was ineffective for failing to argue that
evidence presented at trial was insufficient to sustain his convictions.
Appellant’s Brief at 5, 7. Appellant identifies in his brief inconsistencies in
testimony among the witnesses at trial. Id. at 7-8. To the extent Appellant
is making an insufficiency of evidence argument, we conclude that the
underlying claim of insufficiency of the evidence due to the inconsistencies in
trial testimony was previously addressed by a panel of this Court, and this
Court determined those claims lacked merit. Commonwealth v. Stetter,
711 WDA 2010 (unpublished memorandum at 7-10). Because the
underlying claim lacks arguable merit, Appellant’s claim for ineffective
assistance of counsel fails.
In his final issue, Appellant alleges “Ineffective assistance of counsel
for failing to investigate the witness’s and the alleged co-conspirator,
Mary Laurence.” Appellant’s Brief at 5. Despite identifying this as a
separate issue, Appellant fails to provide any argument regarding counsel’s
failure to investigate “witnesses” or Mary Laurence beyond the arguments he
raised in relation to previous issues addressed herein. Because Appellant
has failed to develop any argument on this issue, we find this claim waived.
See Commonwealth v. Beshore, 916 A.2d 1128, 1140 (Pa. Super. 2007)
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(“The failure to develop an adequate argument in an appellate brief may [ ]
result in waiver of the claim” under Pa.R.A.P. 2119.).
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/22/2015
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