Correa, J. v. Lamberton, C. ( 2021 )

J-A22019-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
JAISA CORREA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
CHRISTOPHER LAMBERTON :
:
Appellant : No. 272 MDA 2021
Appeal from the Order Entered January 22, 2021
In the Court of Common Pleas of Lackawanna County Civil Division at
No(s): 2020 FC 40582
BEFORE: BOWES, J., OLSON, J., and KING, J.
JUDGMENT ORDER BY OLSON, J.: FILED: DECEMBER 15, 2021
Appellant, Christopher Lamberton, appeals from the order entered on
January 22, 2021, which denied his petition to vacate a final order entered
against him pursuant to the Protection From Abuse (“PFA”) Act, 23 Pa.C.S.A.
§§ 6101-6122. We dismiss this appeal.
Briefly, we summarize the relevant facts and procedural history as
follows. Appellant and Jaisa Correa are unmarried but share a minor child.
Trial Court Opinion, 5/17/21, at 1. On June 15, 2020, Ms. Correa filed for and
was granted a temporary PFA order against Appellant. Id. Thereafter, on
September 2, 2020, a three-year final PFA order was entered by agreement
of the parties. Id. at 2.; see also Final PFA Order, 9/2/20.
On January 6, 2021, Appellant filed a petition to vacate the final PFA
order. Trial Court Opinion, 5/17/21, at 2. The trial court held a hearing on
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Appellant’s petition on January 22, 2021. Id. At the conclusion of this
hearing, the trial court denied Appellant’s petition. This timely appeal
followed.1
After receiving an extension, Appellant’s counsel, Andrew Joseph
Katsock, III, Esquire (Attorney Katsock), filed a timely brief on July 30, 2021.
Appellant, acting pro se, requested oral argument before this Court. See
Reply Letter, 8/22/21. Accordingly, this Court scheduled oral argument for
October 13, 2021 and notified the parties. See Superior Court Letter, 9/8/21.
On October 6, 2021, Attorney Katsock petitioned this Court for leave to
withdraw as counsel for Appellant pursuant to Rule 1.16(a)(3) of the
Pennsylvania Rules of Professional Conduct which obligates withdrawal when
a client discharges an attorney from representation. See Attorney Katsock’s
Petition, 10/6/21. We granted Attorney Katsock’s petition to withdraw on
October 8, 2021 in a per curiam order and directed the Prothonotary to send
a copy of that order to both Attorney Katsock and Appellant. See Per Curiam
Order, 10/8/21. On the same date, we sent a letter directly to Appellant,
identical to the one sent on September 8, 2021, reminding Appellant that his
____________________________________________
1 Appellant filed a timely notice of appeal on February 22, 2021. Pursuant to
Pa.R.A.P. 1925(b), on March 3, 2021, the trial court ordered Appellant to file
a concise statement of errors complained of on appeal, which Appellant timely
filed on March 24, 2021. The trial court issued its 1925(a) opinion on May 17,
2021.
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appeal was listed for oral argument on October 13, 2021. See Superior Court
Letter, 10/8/21.
Despite requesting oral argument before this Court, Appellant
discharged his counsel and subsequently failed to appear at the scheduled
proceeding. Pursuant to Pa.R.A.P. 2314, “[i]f appellant or the moving party
is not ready to proceed when the case is called for oral argument, the matter
may be dismissed as of course.” Consequently, we dismiss this appeal.2
Appeal dismissed. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/15/2021
____________________________________________
2 Even if we were to consider the case on the merits, we would affirm. All of
Appellant’s arguments on appeal involve challenges to the propriety of the
final PFA order entered on September 2, 2020. See Appellant’s Brief at 4-5.
Appellant, however, concedes that “there is no dispute as to whether the
Appellant understood that he agreed to a PFA involving [Ms. Correa.]” Id. at
11. Accordingly, Appellant’s arguments lack merit and we would affirm the
trial court’s determination if we were to address the substance of this dispute.
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