J

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NON

- PRECEDENTIAL DECISION

- SEE SUPERIOR COURT I.O.P. 65.37

FEDERAL NATIONAL MORTGAGE ASSOCIATION

v.

WINFIELD ELLIOTT

T

Appellant :

:

:

:

:

:

:

:

:

: IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 1237 EDA 2018

Appeal from the Judgment Entered April 2, 2018 In the Court of Common Pleas of Delaware County Civil Division at No(s): CV

- 2014

- 000201

BEFORE: LAZARUS, J., McLAUGHLIN, J., and FORD ELLIOTT T, P.J.E.

MEMORANDUM BY LAZARUS, J.: FILED NOVEMBER 0 2 , 2018

Winfield Elliott appeals
, pro se , from the judgment , entered in the Court

of Common Pleas of Delaware County, in favor of Appellee Federal National

Mortgage Association (“FN MA”). Because Elliott’s brief is substantially

deficient, we quash this appeal.

The trial court summarized the procedural history of this case as follows:

The Federal National Mortgage Association initiated the instant mortgage foreclosure action on Janu ary 9, 2014, with the filling of a complaint. [ Elliott ] filed his response on February 21, 2014.

. . . A trial was held on June 22, 2017 and, subsequently, the July 6, 2017 [a] mended [d] ecision, with attached [f]indings of [f]act and [c]onclusions of [l]aw, was issued in favor of [FNMA]. . . . [ Elliott ] filed a post

- trial motion on June 30, 2017, arguing that the [d]ecision was improper because: (1) the [trial c]ourt did not apply the UCC as presiding law; (2) the [trial c]ourt enforced time bars unil aterally; (3) the contract creating the mortgage wasJ

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rendered null and void by the original holder, Bank of America, by the original holder’s failure to supply requested information under the UCC; and (4) the lack of the Judge’s signature on the [d]ecision meant that no decision had been entered, and thus[,] must be rever s ed in favor of [ Elliott ] prejudice. The original [d]ecision was vacated and amended to include the Judge’s signature, and [ Elliott ’s] [p]ost [t]rial [m]otion was denied by [o]rder dated N ovember 9, 2017[.] [ Elliott] filed a notice of appeal on December 12, 2017.

. . . [Elliott] filed a timely [Pa.R.A.P.] Concise Statement of [Errors] Complained of on Appeal on January 2, 2018. The Superior Court entered an [o]rder requiring [Elliott] to enter judgment on the decision of the trial court within ten [] days pursuant to Pa.R.A.P. 301. [Elliott] failed to do so, and the appeal was quashe d by the Superior Court on March 19, 2018. [Elliott] filed a [p]raecipe to [e]nter in [r]em [j]udgment on April 2, 2018. [Elliott] filed the instant appeal as a [r]esponse to the [e]ntry of [j]udgment on April 2, 2018.[]
Trial Court Opinion, 6/20/18, 1

- 2

. On appeal, Elliot apparently raises several of the same issues raised in

his June 30, 2017, post

- trial motion. However, his pro se brief is fatally

deficient.

Pennsylvania Rule of Appellate Procedure 2101 requires briefs and

reproduced records to conf orm in all material respects with the rules of

appellate procedure. If the failure to conform to the rules is substantial, we

may quash or dismiss the appeal. See Cole v. Czegan , 722 A.2d 686 (Pa.

Super. 1998) (where defects in pro se brief are so substa ntial that meaningful

review is not possible, Superior Court will quash the appeal) ; See Triffin v.

Janssen , 626 A.2d 571, 573 (Pa. Super. 1993) (“[W]hile this [C]ourt is willing

to liberally construe materials filed by a pro se litigant, appellant’s pro s eJ

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status does not entitle him to any particular advantage for lack of legal

training.”). Generally, an appellant’s brief shall consist of the following

matters, separately and distinctly entitled in the following order:

(1) Statement of jurisdiction.

(2) Order or other determination in question.

(3) Statement of both the scope of review and the standard of review.

(4) Statement of the questions involved.

(5) Statement of the case.

(6) Summary of argument.

(7) Statement of the reasons to allow an a ppeal to challenge the discretionary aspects of a sentence, if applicable.

(8) Argument for appellant.

(9) A short conclusion stating the precise relief sought.

(10) The opinions and pleadings specified in paragraphs (b) and (c) of this rule.

(11) In t he Superior Court, a copy of the statement of errors complained of on appeal, filed with the trial court pursuant to Pa.R.A.P. 1925(b) , or an averment that no order requiring a statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) was entered.

(12) The certificates of compliance required by Pa.R.A.P. 127 and 2135(d)

. Pa.R.A.P. 2111(a)(1)

- (12).

Here, Elliott’s pro se brief includes only a table of authorities, a

statement of jurisdiction, a hybrid section entitled “Statement of the Scope,J

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Review Standards and Case,” and a conclusion. Brief of Appellant, at 2. The

content of these three sections is largely unintelligible , and thus, Elliott’s brief

precludes this Court from conducting a meaningful review of his issues.

Triffin
, supra ; See Smather s v. Smathers , 670 A.2d 1159 (Pa. Super.

1996 ) ( p ro se appellant’ s brief precluded Superior Court from conducting

meaningful judicial review ; even liberal construction of brief based on

appellant’ s pro se status did not remedy brief’ s inadequacies). Notab ly absent

is a statement of questions involved. Moreover, Elliott has not included in his

brief citations to the record or relevant authority. 1 See Pa.R.A.P. 2119; In

re Estate of Whitley , 50 A.3d 203 (Pa. Super. 2012) ( argument portion of

appellate bri ef must include pertinent discussion of particular point raised

along with discussion and citati on of pertinent authorities; Superior Court wi ll

not consider merits of argument which fails to cite relevant case or statutory

authority ). Because Elliott’s br ief is substantially deficient and leaves this

Court with nothing to review, we quash his appeal.

Appeal quashed.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 11/2/18

_________________ __________ ______ ____ _______

1 Elliott cites only to UCC § 1

- 308, which does not apply to transfers of real estate.