J-A07007-20

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

JOSEPH W. PILCHESKY 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1019 MDA 2019

Appeal from the Judgment of Sentence Entered January 2, 2019

In the Court of Common Pleas of Lackawanna County Criminal Division at 

No(s): CP-35-CR-0001075-2013

BEFORE: OLSON, J., DUBOW, J., and McLAUGHLIN, J.

MEMORANDUM BY OLSON, J.: FILED: JUNE 8, 2020

Appellant, Joseph W. Pilchesky, appeals pro se from the judgment of 

sentence entered on January 2, 2019, following his jury trial conviction for 

unauthorized practice of law.1 We affirm. 

The tortuous factual and procedural history of this case is as follows. In 

2011, Appellant, although not licensed to practice law in Pennsylvania, offered 

legal advice and drafted legal documents on behalf of three individuals: Dana 

Lewis, Sheila Hartman, and Mary Chilipko. On February 27, 2013, the 

Commonwealth filed a criminal complaint against Appellant, charging him with 

multiple counts of unauthorized practice of law. On May 13, 2013, Appellant 

____________________________________________

1 42 Pa.C.S.A. § 2524(a). 
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waived his right to counsel via a written waiver and waived his preliminary 

hearing. 

From July 2013 through September 2013, Appellant submitted multiple 

pro se filings,2including a motion to disqualify the presiding judge, the 

Honorable Michael J. Barrasse. As a result of Appellant’s motion, Judge 

Barrasse recused himself on August 26, 2013, and on September 20, 2013, 

the Honorable Vito P. Geroulo was assigned to the case. 

On October 25, 2013, the Commonwealth filed a motion in limine 

seeking to prevent Appellant from asserting at trial the defense of justification

by necessity. On November 19, 2013, the trial court held a hearing and 

subsequently granted the Commonwealth’s motion in limine on December 17, 

2013. On January 16, 2014, Appellant filed a notice of appeal, seeking review 

of the trial court’s order. This Court quashed the appeal as interlocutory on 

March 17, 2014. Appellant then appealed to our Supreme Court, which denied 

allocatur on May 23, 2014. 

After this Court quashed Appellant’s appeal, the trial court scheduled 

trial for May 5, 2014. On April 30, 2014, the trial court conducted a hearing 

on Appellant’s various pre-trial motions. At the hearing, Appellant requested 

a lawyer. As a result, the trial court continued Appellant’s trial to 

accommodate his request. Shortly thereafter, on May 5, 2014, the trial court 

____________________________________________

2 Specifically, Appellant filed two requests for discovery material pursuant to 

Brady v. Maryland, 373 U.S. 83 (1963), two requests for bills of particulars, 

and a motion requesting additional time to file pre-trial motions.
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entered an order denying Appellant’s pre-trial motions. Appellant filed a 

motion for reconsideration, which the trial court denied. Appellant then filed 

a notice of appeal to this Court seeking review of the trial court’s May 5, 2014 

order denying his pre-trial motions. The Commonwealth filed an application 

to quash the appeal which this Court granted. 

While Appellant’s appeal was pending before this Court, he filed a civil 

action against the assigned judge, Judge Geroulo. As a result, Judge Geroulo 

recused himself. On October 1, 2014, the Honorable James Gibbons was 

assigned to preside over the matter. The court held a hearing on October 21, 

2014, during which Appellant reiterated his desire for an attorney, but also 

stated that he did not have representation at that time. Ultimately, the court 

appointed counsel for Appellant and scheduled trial for September 21, 2015.

On August 20, 2015, Appellant filed a counseled omnibus motion nunc 

pro tunc, which included a petition for writ of habeas corpus. Appellant’s 

Omnibus Pretrial Motion Nunc Pro Tunc, 8/20/15, at 4-5. 

In [his] petition for writ of habeas corpus, [Appellant] argued that 

“[a] writ of habeas corpus should issue in this case and the 

charges for unlawful practice of law [should be] dismissed since a 

prima facie case cannot be established.” Id. at 4. Specifically, 

[Appellant] asserted the following:

[I]n order for a prima facie case for unauthorized practice 

of law to be made under [42 Pa.C.S.A.] § 2524, the 

Commonwealth must establish that [Appellant] practiced 

law in such a manner as to convey the impression that he is 

a practitioner of the law of any jurisdiction, without 

[actually] being a [licensed] attorney at law.

Id. at 5.
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The trial court granted [Appellant’s] omnibus pretrial motion in 

part and scheduled a hearing on the petition for writ of habeas 

corpus for September 23, 2015.[3]  [Trial Court] Order, 8/27/15, 

at 1. At the hearing, both parties presented argument regarding 

the elements necessary to establish a prima facie case of the 

unauthorized practice of law. N.T. [Hearing,] 9/23/15, at 6–22. 

During the hearing, the trial court concluded that a person 

charged with the unauthorized practice of law must do so in a 

manner so as to convey the impression that he is a practitioner of 

the law when, in fact, he is not, in order for the individual to be 

convicted. Id. at 21. Following the trial court's determination, 

the Commonwealth requested certification for purposes of an 

immediate appeal, and [Appellant] did not object. Id. at 22. 

Accordingly, the trial court continued the habeas hearing pending 

the appeal to this Court. Id. 

***

On December 23, 2015, the Commonwealth filed a petition for 

permission to appeal in this Court. Petition for Permission to 

Appeal, 12/23/15. By order filed February 2, 2016, this Court 

granted the Commonwealth's petition for permission to appeal. 

Order, 83 MDM 2015, 2/2/16.

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3 “A pre-trial habeas corpus motion is the proper means for testing whether 

the Commonwealth has sufficient evidence to establish a prima facie case.” 

Commonwealth v. Dantzler, 135 A.3d 1109, 1112 (Pa. Super. 2016) (en

banc). If, however, a defendant waives his preliminary hearing, he is 

generally barred from later challenging “the sufficiency of the 

Commonwealth's prima facie case.” Pa.R.Crim.P. 541(A)(1). Herein, 

Appellant waived his preliminary hearing on May 13, 2013. The trial court 

nevertheless permitted Appellant to challenge the sufficiency of the 

Commonwealth’s evidence to establish its prima facie case because it 

concluded that Appellant’s waiver of counsel and, in turn, his waiver of a

preliminary hearing, were invalid because the trial court failed to conduct a 

hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998). 

See Commonwealth v. Aina, 2020 WL 1528032, at *4 (Pa. Super. Mar. 31, 

2020) (explaining that a court “must conduct a Grazier hearing and elicit 

information in accordance with Pa.R.Crim.P. 121 before [a] petitioner will be 

permitted to proceed pro se,” even if an intention to do so “is evinced[.]”); 

see also Trial Court Opinion, 11/25/15, at 2. 
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Commonwealth v. Pilchesky, 151 A.3d 1094, 1095-1097 (Pa. Super. 2016)

(footnote added). 

On December 6, 2016, this Court reversed the trial court’s November 

23, 2015 order. Id. In doing so, we held that 

the trial court erred by holding that in order for [Appellant] to be 

convicted of the unauthorized practice of law, the Commonwealth 

is required to establish that [Appellant] practiced law and that he 

did so “in such a manner as to convey the impression that he is a 

practitioner of the law.” Should the Commonwealth establish 

beyond a reasonable doubt that [Appellant] practiced law and was 

not an attorney, such evidence would be sufficient to convict 

[Appellant] of the unauthorized practice of law under 42 

Pa.C.S.[A]. § 2524(a).

Id. at 1100. Thereafter, Appellant filed a petition for allowance of appeal to 

our Supreme Court and a petition to proceed pro se. On June 12, 2017, the 

Supreme Court remanded the case for a Grazier hearing, which the trial court 

subsequently conducted and granted Appellant permission to proceed pro se. 

Our Supreme Court ultimately denied allocatur on November 28, 2017.

On January 5, 2018, Appellant filed a notice of intent to file a petition 

for writ of certiorari to the Supreme Court of the United States. The trial court 

conducted a hearing on January 11, 2018. At the hearing, Appellant again 

expressed his intent to file a certiorari petition,4 while the Commonwealth 

asked the court to schedule trial. Accordingly, the trial court entered an order 

scheduling trial for October 15, 2018. 

____________________________________________

4 Appellant ultimately filed a petition for writ of certiorari, which the Supreme 

Court of the United States denied. 
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On July 16, 2018, Appellant filed an omnibus pre-trial motion. In his 

motion, Appellant sought to dismiss the action with prejudice due to a violation 

of his right to a speedy trial pursuant to Pa.R.Crim.Pro 600 and his right to a 

full preliminary hearing. Appellant’s Omnibus Pre-Trial Motion, 7/16/18, at

1-5. In addition, Appellant sought to suppress evidence collected from a Dell 

computer given to police by his estranged wife, Joanne Ricci Pilchesky 

(“Ricci”). Appellant claimed that any evidence discovered on or from the 

computer was “fruit of the poisonous tree” because Ricci allegedly stole the 

computer from his residence and gave it to the police. Id. at 7. Lastly, 

Appellant challenged the constitutionality of 42 Pa.C.S.A. § 2524(a). Id. at 

7-9.

On September 5, 2018, Appellant filed a motion in limine which 

contained 49 separate paragraphs. In his motion, Appellant essentially sought 

to prevent the Commonwealth from introducing all evidence that was not 

favorable to him while simultaneously seeking to introduce evidence he 

believed would be beneficial. Appellant’s Motion in Limine, 9/5/18, at 1-9. 

On October 4 and 9, 2018, the trial court conducted hearings during 

which the Commonwealth presented its prima facie case and the court 

addressed the pending motions. During the October 9, 2018 hearing, 

Appellant requested permission to present at trial the defense of justification

by necessity. The trial court denied Appellant’s request. Appellant then “orally 

requested [the court] to certify this particular ruling under 42 Pa.C.S.A. 

§ 702(b) as an interlocutory appeal.” Trial Court Order, 10/11/18, at 1. The 
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trial court declined to do so. In a separate order, the trial court granted in 

part and denied in part Appellant’s remaining pre-trial motions. See Trial 

Court’s Memorandum & Order, 10/11/18, at 1-13. 

Thereafter, on October 15, 2018, the day that trial was scheduled to 

commence, Appellant filed a motion to continue the proceeding. Appellant’s 

Motion to Continue Trial, 10/15/18, at 1-4. Appellant asserted various reasons

for the continuance, including personal health concerns and a claim that he 

had insufficient time to review the transcripts from the October 4, 2018

hearing. The trial court “advised [Appellant] that [it] would delay the 

commencement of jury selection to allow him to obtain pertinent medical 

records in support of his request for a continuance.” Trial Court Opinion, 

5/30/19, at 11. Appellant later returned with medical records. The trial court 

reviewed the documents on the record but ultimately denied Appellant’s 

motion for a continuance. Id.

Following the trial court’s denial of Appellant’s motion, his jury trial

finally commenced. On October 16, 2018, the jury convicted Appellant of 

three counts of unauthorized practice of law. “On January 2, 2019, [the trial 

court] sentenced [Appellant] to a combined period of probation of two years, 

together with an order of restitution in the amount of $1,000[.00].” Id. at 1. 

Appellant filed a post-sentence motion on January 14, 2019. Thereafter, 

on April 8, 2019, Appellant filed a motion seeking modification of costs and 

restitution. On April 15, 2019, Appellant filed a civil action against Sheila 

Hartman and Mary Chilipko. Thus, the Commonwealth filed a motion 
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requesting the modification of Appellant’s probation seeking to prohibit 

Appellant from retaliating against any victim or witness in his case. 

On May 30, 2019, the trial court entered an order denying Appellant’s 

post-sentence motion and his motion to modify the costs and restitution. The 

next day, the trial court granted the Commonwealth’s motion to modify the 

conditions of Appellant’s probation and directed him to withdraw his civil action 

against Sheila Hartman and Mary Chilipko. This appeal followed.5

Appellant raises the following issues on appeal:6

I. Was [] Appellant’s right to a speedy trial violated?

II. Was the jury selection process prejudiced when [the] [t]rial 

[c]ourt summoned a [65] person jury pool?

III. Was [] Appellant prejudiced when [the] [t]rial [c]ourt 

precluded [him from presenting] the defense of justification

[by necessity] to the jury?

IV. Was [] Appellant provided with a proper, legal[,] and 

appropriate preliminary hearing?

V. [Did the trial court err in denying Appellant’s motion to 

continue trial when the Commonwealth presented its prima 

facie case only ten days before trial, resulting in prejudice 

to Appellant?] 

VI. Is 42 Pa.C.S.A. § 2524(a) unconstitutional?

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5 Our review of the certified record reveals that the trial court did not order 

Appellant to file a concise statement of matters complained of on appeal 

pursuant to Pa.R.A.P. 1925(b). 

6 We have altered the order of Appellant’s issues for clarity and ease of 

discussion. See Appellant’s Brief at 5-6.
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VII. Was [] Appellant denied the right to confront his accuser at 

trial?

VIII. Should all evidence obtained from [the] Dell computer 

stolen from [] Appellant have been suppressed?

IX. Was [Appellant’s] court-appointed counsel ineffective?

X. Did the Commonwealth prove at trial that [Appellant] was 

charged with any crime?

Appellant’s Brief at 5-6.

Before reviewing Appellant’s claims, we must address the timeliness of 

his appeal. The timeliness of an appeal implicates our jurisdiction, which we 

may raise sua sponte. Commonwealth v. Andre, 17 A.3d 951, 957–958 

(Pa. Super. 2011). 

Rule of Criminal Procedure 720 sets forth the procedure to be 

followed when a post-sentence motion is filed. Under this rule, 

the trial court must decide the post-sentence motion within 120 

days of the filing of the motion. Pa.R.Crim.P. 720(B)(3)(a). ... If 

the trial court fails to decide the motion within this time period, it 

is deemed denied by operation of law. Id. Where a post-sentence 

motion is denied by operation of law, the clerk of courts is directed 

to enter an order on behalf of the court and “forthwith furnish a 

copy of the order ...to ... the defendant(s) and defense counsel....” 

Pa.R.Crim.P. 720(B)(3)(d).

Ordinarily, the time for filing an appeal begins to run on the date 

the post-sentence motion is denied, either by the court or by 

operation of law. 

Commonwealth v. Perry, 820 A.2d 734, 735 (Pa. Super. 2003). 

Herein, Appellant filed his post-sentence motion on January 14, 2019. 

Accordingly, the 120-day period for a decision on Appellant’s post-sentence 

motion expired on May 14, 2019 and, as such, Appellant needed to file his 
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notice of appeal on or before June 13, 2019. Appellant filed his notice of 

appeal on June 24, 2019. “However, our review of the record clearly shows 

that the clerk of courts did not enter an order reflecting that Appellant's 

post-sentence motion was denied by operation of law. This Court has 

previously held that, where the clerk of courts does not enter an order 

indicating that the post-sentence motion is denied by operation of law and 

notify the defendant of [the] same, a breakdown in the court system has 

occurred and we will not find an appeal untimely under these circumstances.” 

Perry, 820 A.2d at 735 (citation omitted). As such, we decline to quash the 

instant appeal as untimely and will proceed to the merits of Appellant’s claims. 

In his first issue, Appellant claims that the trial court erred in denying 

his motion to dismiss pursuant to Pa.R.Crim.P. 600. Per Appellant, the 

significant delay between the filing of the criminal complaint to the 

commencement of his trial is wholly attributable to the Commonwealth 

because it failed to exercise due diligence and filed an interlocutory appeal to 

this Court. Appellant’s Brief at 19-26. We disagree. 

We review a trial court's order denying a Rule 600 motion for an abuse 

of discretion. Commonwealth v. McCarthy, 180 A.3d 368, 373 (Pa. Super. 

2018), appeal denied, 193 A.3d 346 (Pa. 2018) (citation omitted). Our “scope 

of review is limited to the evidence on the record of the Rule [600] evidentiary 

hearing, and the findings of the [trial] court. An appellate court must view 

the facts in the light most favorable to the prevailing party.” Commonwealth 

v. Wendel, 165 A.3d 952, 956 (Pa. Super. 2017) (citation omitted).
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Rule 600 provides, in relevant part:

(A) Commencement of Trial; Time for Trial

(1) For the purpose of this rule, trial shall be deemed to 

commence on the date the trial judge calls the case to trial, 

or the defendant tenders a plea of guilty or nolo contendere.

(2) Trial shall commence within the following time periods.

(a) Trial in a court case in which a written complaint is 

filed against the defendant shall commence within 365 

days from the date on which the complaint is filed.

* * *

(C) Computation of Time

(1) For purposes of paragraph (A), periods of delay at any 

stage of the proceedings caused by the Commonwealth 

when the Commonwealth has failed to exercise due 

diligence shall be included in the computation of the time 

within which trial must commence. Any other periods of 

delay shall be excluded from the computation.

* * *

(D) Remedies

(1) When a defendant has not been brought to trial within 

the time periods set forth in paragraph (A), at any time 

before trial, the defendant's attorney, or the defendant if 

unrepresented, may file a written motion requesting that 

the charges be dismissed with prejudice on the ground that 

this rule has been violated. A copy of the motion shall be 

served on the attorney for the Commonwealth concurrently 

with filing. The judge shall conduct a hearing on the motion.

Pa.R.Crim.P. 600. 

This Court has explained

the courts of this Commonwealth employ three steps in 

determining whether Rule 600 requires dismissal of charges 

against a defendant. First, Rule 600(A) provides the mechanical 
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run date. Second, we determine whether any excludable time 

exists pursuant to Rule 600(C). We add the amount of excludable 

time, if any, to the mechanical run date to arrive at an adjusted 

run date.

Commonwealth v. Bethea, 185 A.3d 364, 371 (Pa. Super. 2018) (cleaned 

up). 

Herein, the mechanical run date was February 27, 2014. We must, 

however, “account for any ‘excludable time’ and ‘excusable delay.’” 

Commonwealth v. Colon, 87 A.3d 352, 357 (Pa. Super. 2014). “Excludable 

time is delay that is attributable to the defendant or his counsel.” Id. Thus, 

“[w]hen the defendant or the defense [was] instrumental in causing the delay, 

the period of delay will be excluded from computation of time.” See

Pa.R.Crim.P 600, Cmt. Moreover, “periods of judicial delay are excludable 

from calculations under Rule 600.” Commonwealth v. Mills, 162 A.3d 326, 

325 (Pa. 2017). Excusable delay “is delay that occurs as a result of 

circumstances beyond the Commonwealth's control and despite its due 

diligence.” Colon, 87 A.3d at 357. 

Due-diligence is a fact-specific concept that is determined on a 

case-by-case basis. Due diligence does not require perfect 

vigilance and punctilious care, but rather a showing by the 

Commonwealth that a reasonable effort has been put forth. 

Judicial delay may justify postponing trial beyond the adjusted run 

date if the Commonwealth was prepared to commence trial prior 

to the expiration of the mandatory period but the court was 

unavailable because of ‘scheduling difficulties and the like.’

Commonwealth v. Lynch, 57 A.3d 120, 124 (Pa. Super. 2012), appeal 

denied, 63 A.3d 1245 (Pa. 2013) (internal citations and quotations omitted). 
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It is clear that, in this case, Appellant was “instrumental in causing the 

delay.” See Pa.R.Crim.P 600, Cmt. Indeed, Appellant caused the following 

periods of delay: July 23, 2013 to September 20, 2013 (Appellant’s motion to 

recuse Judge Barrasse); January 16, 2014 to March 17, 2014 (Appellant’s 

interlocutory appeal to this Court); April 30, 2014 to August 27, 2015

(Appellant’s request for counsel, Appellant’s counseled omnibus motion nunc 

pro tunc, and the hearing on Appellant’s motion); and January 5, 2017 to 

November 28, 2017 (Appellant’s appeal to our Supreme Court following this 

Court’s decision in Pilchesky). Moreover, the following periods are 

attributable to judicial delay: September 20, 2013 to December 17, 2013 

(assignment of Judge Geroulo, hearing and subsequent grant of the 

Commonwealth’s motion in limine); March 17, 2014 to April 30, 2014 (order 

scheduling trial to pre-trial hearing); August 27, 2015 to November 23, 2015

(order granting, in part, Appellant’s omnibus motion nunc pro tunc, conducting 

the habeas corpus hearing, order granting Appellant’s motion and certifying 

for immediate interlocutory appeal); and January 11, 2018 to October 15, 

2018 (scheduling trial for October 15, 2018 due to trial court’s schedule). As 

such, a total of 1,427 days are attributable to Appellant and the judiciary; 

hence, this time is excludable. Adding the excludable time to the mechanical 

run date, we calculate the adjusted run date to be January 24, 2018. 

On December 23, 2015, the Commonwealth petitioned for permission 

to appeal to this Court, seeking review of the trial court’s order granting 

Appellant’s habeas corpus petition. This Court granted the Commonwealth’s 
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petition and reversed the trial court’s order on December 6, 2016. “It is 

settled that ‘[e]xcusable delay’ for purposes of [the speedy trial rule] includes 

delay caused by appellate review of pretrial motions.” Commonwealth v. 

Selenski, 994 A.2d 1083, 1090 (Pa. 2010) (citation omitted). Accordingly, 

the 349 day delay occasioned by appellate review is excusable. This 

calculation extends the final run date to (at the earliest) January 8, 

2019 – nearly three months after Appellant’s trial commenced. Hence, the 

trial court properly denied Appellant’s Rule 600 motion.

In Appellant’s second issue, he challenges the trial court’s decision to 

summon a 65 person jury pool. Appellant’s Brief at 50. Per Appellant, this 

prevented him from effectively questioning those ultimately selected for the 

jury panel and, as such, prejudiced him “right from the start of the trial.” Id.

at 53. Appellant, however, failed to object during the jury selection process. 

As such, this claim is waived. See Commonwealth v. Fitzgerald, 877 A.2d 

1273, 1274 (Pa. Super. 2005) (“the absence of objection to the [jury 

selection] procedure during the trial proceedings” results in waiver); see also

Pa.R.A.P. 302 (“Issues not raised in the lower court are waived and cannot be 

raised for the first time on appeal.”). 

In his third issue, Appellant argues that the trial court erred in disposing 

of motions in limine filed by both parties, which precluded the presentation at 

trial of the defense of justification by necessity. Appellant’s Brief at 45-50. 

Preliminarily, we note:
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When reviewing [a ruling on] a motion in limine, we apply an 

evidentiary abuse of discretion standard of review. The admission 

of evidence is committed to the sound discretion of the trial court 

and our review is for an abuse of discretion.

A trial court's ruling regarding the admissibility of evidence will 

not be disturbed “unless that ruling reflects” “manifest 

unreasonableness, or partiality, prejudice, bias, or ill-will, or such 

lack of support as to be clearly ‘erroneous.’ ”

Commonwealth v. Orie, 88 A.3d 983, 1022 (Pa. Super. 2014) (citation 

omitted).

“Necessity” may be raised as a defense if:

(1) the harm or evil sought to be avoided by such conduct is 

greater than that sought to be prevented by the law defining the 

offense charged;

(2) neither this title nor other law defining the offense provides 

exceptions or defenses dealing with the specific situation involved; 

and

(3) a legislative purpose to exclude the justification claimed does 

not otherwise plainly appear.

18 Pa.S.C.A. § 503.

To be entitled to an instruction on justification by necessity as a defense 

to a charged crime, an appellant must offer evidence to show:

(1) that (he) was faced with a clear and imminent harm, not one 

which is debatable or speculative;

(2) that (he) could reasonably expect that (his) actions would be 

effective in avoiding this greater harm;

(3) that there is no legal alternative which will be effective in 

abating the harm; and

(4) that the Legislature has not acted to preclude the defense by 

a clear and deliberate choice regarding the values at issue.
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As with any offer of proof, it is essential that the offer meet a 

minimum standard as to each element of the defense so that if a 

jury finds it to be true, it would support the affirmative 

defense-here that of necessity. This threshold requirement is 

fashioned to conserve the resources required in conducting jury 

trials by limiting evidence in a trial to that directed at the elements 

of the crime or at affirmative defenses raised by the defendant. 

Where the proffered evidence supporting one element of the 

defense is insufficient to sustain the defense, even if believed, the 

trial court has the right to deny use of the defense and not burden 

the jury with testimony supporting other elements of the defense.

Commonwealth v. Billings, 793 A.2d 914, 916 (Pa. Super. 2002), citing 

Commonwealth v. Capitolo, 498 A.2d 806, 809 (Pa. 1985). 

In ruling that Appellant was not entitled to a jury instruction of 

justification by necessity, the trial court explained: 

In this case, [Appellant failed to present] any evidence that shows 

that he is entitled to an instruction on [the defense of] justification 

[by] necessity [to the offense of] unauthorized practice of law. It 

is difficult to imagine a situation in which the defense of 

justification would ever be available for the unauthorized practice 

of law, and in this case, pursuant to the four criteria set forth in 

Capitolo, it is definitely not appropriate. First, [Appellant] was 

not faced with a real emergency, and the alleged harm was 

debatable and speculative. By [Appellant’s] own admission, the 

people who approached him for help had allegedly been suffering 

"harm" for some time and some of the harm was caused by 

complying with court orders, but this does not constitute an 

emergency that only he could handle by the unauthorized practice 

of law. Second, even if his legal capabilities approached the level 

of his own estimation . . . this does not lead to the conclusion that 

he [alone] . . . could offer legal help to these people. Third, and 

most importantly, there were many legal alternatives available to 

[Appellant]. [Appellant] asserts that he had no choice but to 

agree to take legal action on behalf of the people who approached 

him for help, but he could have referred them to any of the 

thousands of lawyers who are licensed to practice law in 

Pennsylvania. Finally, the [L]egislature has required that only 

licensed attorneys may practice law in Pennsylvania, and [] made 

it a crime for a person who is not licensed to practice law to do so. 
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The [L]egislature has thus made a clear and deliberate choice that 

people who are not licensed . . . will not be allowed to practice 

law, and has precluded the defense of justification [by] necessity 

to a charge of the unauthorized practice of law.

Trial Court Opinion, 12/17/13, at 4-5. We perceive no abuse of discretion by 

the trial court in prohibiting Appellant from presenting the defense of 

justification by necessity at trial. 

In Appellant’s fourth issue, he argues that he did not receive a “proper, 

legal[,] and appropriate preliminary hearing.” Appellant’s Brief at 62. 

Appellant’s claim is rooted in his belief that this Court in Pilchesky

“dramatically changed the meaning of 42 Pa.C.S.A. § 2524(a)” and, “if a 

preliminary hearing occurred before [this Court’s decision,]” the 

“Commonwealth [would have been required to] meet [a] different standard.” 

Id. Appellant’s claim is meritless. 

 “The purpose of a preliminary hearing is to avoid the incarceration or 

trial of a defendant unless there is sufficient evidence to establish a crime was 

committed and the probability the defendant could be connected with the 

crime.” Commonwealth v. Jackson, 849 A.2d 1254, 1257 (Pa. Super. 

2004) (internal citation omitted); see also Pa.R.Crim.P. 542(D) (issuing 

authority shall determine from evidence presented at preliminary hearing 

whether there is prima facie case that (1) offense has been committed and 

(2) defendant has committed it). A defendant, if represented by counsel, may

waive his preliminary hearing. Pa.R.Crim.P. 541(A). A pro se defendant, 

however, can only “waive [his] preliminary hearing subsequent to the 
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preliminary arraignment.” Pa.R.Crim.P. 541, Cmt. Nevertheless, the waiver 

of a preliminary hearing without an attorney is not invalid absent a showing 

of prejudice. Commonwealth v. Strawn, 2020 WL 201736, at *3 (Pa. 

Super. Jan. 13, 2020); Commonwealth v. Melnyczenko, 358 A.2d 98, 99 

(Pa. Super. 1976). 

Herein, on May 13, 2013, after Appellant’s preliminary arraignment, 

Appellant executed a written waiver of both his right to counsel and his 

preliminary hearing. At that time, however, the trial court did not conduct a 

Grazier hearing. As such, Appellant’s waiver of his preliminary hearing was 

invalid. For this very reason, after Appellant was appointed counsel and filed 

a petition for habeas corpus, the trial court permitted Appellant to challenge 

the sufficiency of the Commonwealth’s evidence on September 23, 2015. See

Trial Court Opinion, 11/25/15, at 2. After the hearing, the trial court 

concluded that the Commonwealth was required to prove that Appellant 

“committed the acts charged ‘in such a manner as to convey the impression 

that he [was] a practitioner of the law of any jurisdiction, without being an 

attorney at law.’” Id. at 8 (citation omitted). 

Ultimately, however, this Court disagreed with the trial court’s 

determination. Instead, we concluded that, to sustain a conviction under 

Section 2524(a), the Commonwealth needed only to establish that Appellant 

practiced law and was not a licensed attorney. Pilchesky, 151 A.3d at 1100. 

Then, on October 4, 2018, the trial court conducted a hearing in which the 

Commonwealth presented a prima facie case pursuant to this Court’s holding 
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in Pilchesky. It is thus apparent that, despite an initial invalid waiver of his 

preliminary hearing, Appellant actually challenged the sufficiency of the 

Commonwealth’s evidence on two separate occasions. Appellant’s mere 

assertion that this Court’s interpretation of Section 2524(a) was either novel 

or incorrect does not result in prejudice. We therefore conclude that 

Appellant’s claim is without merit and he is not entitled to relief. 

Appellant’s fifth claim asserts that the trial court erred in denying his 

motion to continue trial. Specifically, Appellant claims that, because the 

Commonwealth presented its prima facie case only ten days prior to trial, he 

did not have enough time to review the transcripts of the hearing and prepare 

for trial. Appellant’s Brief at 58-62. 

Our standard of review when considering a court's decision to deny a 

motion for a continuance is as follows:

The grant or denial of a motion for a continuance is within the 

sound discretion of the trial court and will be reversed only upon 

a showing of an abuse of that discretion. [A]n abuse of discretion 

is not merely an error of judgment. Rather, discretion is abused 

when the law is over-ridden or misapplied, or the result of 

partiality, prejudice, bias, or ill-will as shown by the evidence or 

the record. The grant of a continuance is discretionary and a 

[denial] is reversible error only if prejudice or a palpable and 

manifest abuse of discretion is demonstrated.

Commonwealth v. Griffin, 804 A.2d 1, 12 (Pa. Super. 2002), appeal denied, 

868 A.2d 1198 (Pa. 2005) (internal citations and quotation marks omitted). 

Moreover, “[a] bald allegation of an insufficient amount of time to prepare will 

not provide a basis for reversal of the denial of a continuance motion.” 
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Commonwealth v. Ross, 57 A.3d 85, 91 (Pa. Super. 2012) (citation 

omitted). “An appellant must be able to show specifically in what manner he 

was unable to prepare for his defense or how he would have prepared 

differently had he been given more time. We will not reverse a denial of a 

motion for continuance in the absence of prejudice.” Id. (citation omitted).

Herein, Appellant filed his motion for a continuance on the date of trial, 

October 15, 2018. In his motion, Appellant claimed that, “[d]ue to inherent 

time constraints,” he could only obtain a portion of the transcripts from the 

October 4, 2018 hearing and did not have an adequate time to review said 

transcripts before trial. Appellant’s Motion to Continue Trial, 10/15/18, at *2 

(un-paginated). On appeal, Appellant contends that he only received the 

“testimony of [Special Agent] Farkus just before trial [and] [] did 

[not] get the testimony of the [other] three witnesses, but even 

if he did, having it right before trial was hardly fair. [Appellant] 

had other things to do in preparation for trial, so time to review 

[prima facie] transcripts was minimal.”

Appellant’s Brief at 60. 

Appellant’s bald assertion is insufficient to establish prejudice. Indeed, 

the mere fact that he could not review the transcripts of the three witnesses 

prior to trial did not cause prejudice because he was present at the hearing

and heard, first hand, their testimony. Moreover, Appellant was aware of the 

existence of these three witnesses as early as his formal arraignment on June 

28, 2013. Thus, from 2013 on, Appellant knew that he was charged with 

unauthorized practice of law because he drafted legal documents on behalf of 
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these three individuals without a license to do so. As such, it is clear from a 

review of the record that Appellant’s “rights were not trampled; he simply did 

not wish to proceed to trial.” Trial Court Opinion, 5/30/19, at 8. Accordingly, 

we discern no abuse of discretion.7

In Appellant’s sixth issue, he argues that 42 Pa.C.S.A. § 2524(a) is 

unconstitutional. Appellant’s Brief at 26. Our Supreme Court previously 

stated the standard for analyzing the constitutionality of criminal statutes as 

follows:

[W]e begin our analysis by recognizing that there is a strong 

presumption in the law that legislative enactments do not violate 

the constitution. Moreover, there is a heavy burden of persuasion 

upon one who challenges the constitutionality of a statute. As a 

matter of statutory construction, we presume the General 

Assembly does not intend to violate the Constitution of the United 

States or of this Commonwealth. A statute will not be declared 

unconstitutional unless it clearly, palpably, and plainly violates the 

Constitution; all doubts are to be resolved in favor of a finding of 

constitutionality.

Commonwealth v. Mayfield, 832 A.2d 418, 421 (Pa. 2003) (citations and 

quotations omitted).

Herein, Appellant advances multiple arguments in an attempt to 

invalidate Section 2524(a). In essence, however, Appellant argues that 

Section 2524(a) and this Court’s previous interpretation thereof in Pilchesky, 

____________________________________________

7 We also note that the hearing conducted on October 4, 2018 was originally 

scheduled for September 27, 2018. It was continued, however, because 

Appellant requested more time to respond to the Commonwealth’s brief in 

opposition of his motion in limine. Trial Court’s Order, 9/26/18, at 1. It is 

ironic that Appellant now claims prejudice resulting from a delay necessitated 

by his own actions. 
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“suppress[es] the right to speak or inquire for private interests,” and 

“oppress[es] free thinking and a [private] exchange of knowledge” in violation 

of the constitutional rights of free speech and privacy. Appellant’s Brief at 

28-29. 

Our Supreme Court previously explained: 

The First Amendment to the United States Constitution states in 

relevant part, “Congress shall make no law ... abridging the 

freedom of speech[.]” U.S. Const. amend. I. It is well settled, 

however, that the government may limit the exercise of a citizen's 

First Amendment rights where government regulations are aimed 

to address legitimate concerns and not designed to control or limit 

the content of First Amendment freedoms. See Konigsberg v. 

State Bar of California, 366 U.S. 36, 50–51 (1961)(withholding 

of bar membership constitutional where applicant refused to 

answer questions regarding membership in Communist Party thus 

thwarting investigation into his “qualifications.”)[.]

With respect to restrictions on speech, a governmental regulation 

will be upheld, as a general proposition, if four criteria are met: 

(1) the regulation is within the constitutional power of the state; 

(2) it furthers an important or substantial governmental interest; 

(3) the governmental interest is unrelated to the suppression of 

free speech; and (4) the incidental restriction on alleged first 

amendment freedoms is no greater than essential to the 

furtherance of that interest. United States v. Albertini, 472 

U.S. 675, 687 (1985); United States v. O'Brien, 391 U.S. 367, 

376 (1968). 

Office Of Disciplinary Counsel v. Marcone, 855 A.2d 654, 667 (Pa. 2004).

Herein, we conclude that Section 2524(a) “does not run afoul of the First 

Amendment.” Id. First, the “Pennsylvania Constitution vests [our Supreme 

Court] with the exclusive authority to regulate the practice of law.” 

Pilchesky, 151 A.3d at 1099; see also Pa. Const. Art. V, § 10(c). Second, 

the Supreme Court has “not only an important and substantial interest, but a 
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compelling interest, in regulating the practice of law within our borders: 

protecting our citizens from those unfit to practice law.” Marcone, 855 A.2d 

at 667. Third, contrary to Appellant’s assertion, Section 2524(a) is unrelated 

to the suppression of free speech because it regulates an individual’s conduct. 

Indeed, Appellant claims that he “was essentially charged with talking with 

other people in a private capacity in a private setting for private interest.” 

Appellant’s Brief at 28. This is incorrect. Appellant not only gave legal advice 

to various individuals, but drafted and filed legal documents on their behalf. 

Accordingly, as we stated previously, Section 2524(a) seeks to “[p]rotect[] 

the public . . . by preventing those who are not attorneys from practicing 

law,” not suppressing speech. Pilchesky, 151 A.3d at 1100 (emphasis 

added). “Finally, we find that this restriction is no greater than absolutely 

necessary to further the significant governmental interest in protecting the 

public and the [legal] profession.” Marcone, 855 A.2d at 668. We therefore 

conclude that Section 2524(a) does not violate an individual’s right to free 

speech or privacy. 

In Appellant’s seventh issue, he argues that his constitutional rights 

were violated because he did not “have the opportunity to fully confront his 

accuser, [Special Agent] Joseph Farkus.” Appellant’s Brief at 53. Special 

Agent Farkus served as the affiant for the probable cause affidavit. Appellant, 

however, failed to raise this objection before or during trial and instead, simply 

included this claim in his post-sentence motion. “It is settled that an 

appellant's ‘failure to raise a contemporaneous objection to evidence at trial 
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waives that claim on appeal.’” Commonwealth v. Radecki, 180 A.3d 441, 

455 (Pa. Super. 2018) (citation omitted). Accordingly, Appellant’s seventh 

appellate issue is waived. 

In Appellant’s eighth issue, he argues that the trial court erred by 

denying his motion to suppress evidence from a Dell computer. Appellant’s 

Brief at 65-66. Appellant argues that Ricci, his “estranged wife,” stole the 

computer from his residence and later gave it to investigating authorities. As 

such, Appellant claims that any “information gained from [the] computer” was 

“[f]ruit of the [p]oisonous tree.” Id. at 65.

We review the denial of a motion to suppress as follows:

An appellate court's standard of review in addressing a challenge 

to a trial court's denial of a suppression motion is limited to 

determining whether the factual findings are supported by the 

record and whether the legal conclusions drawn from those facts 

are correct. Since the prosecution prevailed in the suppression 

court, we may consider only the evidence of the prosecution and 

so much of the evidence for the defense as remains 

un[-]contradicted when read in the context of the record as a 

whole. Where the record supports the factual findings of the trial 

court, we are bound by those facts and may reverse only if the 

legal conclusions drawn therefrom are in error.

Commonwealth v. Stevenson, 894 A.2d 759, 769 (Pa. Super. 

2006) (citation omitted). Although we are bound by the factual 

and the credibility determinations of the trial court which have 

support in the record, we review any legal conclusions de novo.

Commonwealth v. George, 878 A.2d 881, 883 (Pa. Super. 

2005), appeal denied, [] 891 A.2d 730 (Pa. 2005).

Commonwealth v. Wells, 916 A.2d 1192, 1194–1195 (Pa. Super. 2007) 

(parallel citations omitted)

We note: 
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The Fourth Amendment's protection against unlawful searches 

and seizures applies only to actions by the government, as “[i]ts 

origin and history clearly show that it was intended as a restraint 

upon the activities of sovereign authority[.]” Burdeau v. 

McDowell, 256 U.S. 465, 475 (1921). It follows, therefore, that 

“the proscriptions of the Fourth Amendment and Article I, § 8, do 

not apply to searches and seizures conducted by private 

individuals.” Commonwealth v. Faurelus, 147 A.3d 905, 909 

(Pa. Super. 2016)[, quoting Commonwealth v. Harris, 817 A.2d 

1033, 1047 (Pa. 2002) (citations omitted)].

Where, however, private individuals act not of their own accord 

but, instead, as an instrument or agent of the state, they will be 

deemed state actors subject to the proscriptions of the Fourth 

Amendment. Coolidge v. New Hampshire, 403 U.S. 443, 487 

(1971). Decisional law of this Commonwealth has examined the 

question of what constitutes state action in such circumstances.

As set forth [in the Pennsylvania Supreme Court decision 

Commonwealth v. Corley, 491 A.2d 829 (Pa. 1985)], 

therein, the guiding principles are those first established by 

the United States Supreme Court in Lugar v. Edmondson 

Oil Co., Inc., 457 U.S. 922 (1982). In Lugar, the [United 

States] Supreme Court held that the conduct allegedly 

causing the deprivation must be fairly attributable to the 

state. In explaining the “fair attribution” test, the United 

States Supreme Court stated:

[Our] cases reflect a two-part approach to the question 

of “fair attribution.” First, the deprivation must be 

caused by the exercise of some right or privilege created 

by the state. ... Second, the party charged with the 

deprivation must be a person who may fairly be said to 

be a state actor. This may be because ... his conduct is 

otherwise chargeable to the state.

Lugar, 457 U.S. at 937. The critical factor for purposes of 

determining whether state action is involved is whether the 

private individual, in light of all the circumstances, must be 

regarded as having acted as an “instrument” or agent of the 

state. Corley, 491 A.2d at 832, citing Coolidge[, 403 U.S. 

at 487.] Th[e Pennsylvania Supreme] Court made clear in 

Corley that mere cooperation with the authorities alone 

does not constitute “state action.” In other words, the mere 

fact that police and prosecutors use the results of an 
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individual's actions does not, alone, elevate those actions to 

the level of state action. Where, however, the relationship 

between the person committing the wrongful acts and the 

State is such that those acts can be viewed as emanating 

from the authority of the State, the principles established in 

Corley dictate a finding of state action.

Commonwealth v. Yim, 195 A.3d 922, 927 (Pa. Super. 2018) (parallel 

citations omitted). 

We conclude that the trial court did not err in denying Appellant’s motion 

to suppress because Appellant failed to establish that Ricci stole the Dell 

computer from his residence and, relatedly, that Ricci acted at the direction 

of the Commonwealth. Indeed, upon review of the certified record, it appears 

that Ricci removed the Dell computer in August 2011 and gave it to law 

enforcement in November 2011 for reasons wholly unrelated to Appellant’s 

unauthorized practice of law.

8

 See District Attorney Letter, 3/14/13, at 1. 

Appellant also failed to offer evidence that the Commonwealth asked or 

directed Ricci to take his computer. As such, Appellant’s claim lacks merit.9

____________________________________________

8 Ricci gave the Dell computer to police alleging that Appellant utilized the 

computer to view child pornography. See District Attorney Letter, 3/14/13, 

at 1. She consented to a forensic examination but no evidence of child 

pornography was located on the Dell computer. Id. 

 

9 We also note that prior to trial, the Commonwealth stated that it would not 

use any evidence obtained from the Dell computer during Appellant’s trial. 

N.T. Hearing, 10/9/18, at 22. Indeed, no evidence obtained from the Dell 

computer was admitted at trial and no derivative evidence was discovered by 

the Commonwealth as a result of its acquisition of the device. Accordingly, 

even if the trial court did err in denying Appellant’s motion to suppress, we 

would conclude that such error was either moot or harmless or both. 
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In Appellant’s ninth issue, he argues that trial counsel who represented 

Appellant from March 2, 2015 until August 18, 2017, provided ineffective 

assistance. Appellant’s Brief at 66-67. Specifically, Appellant argues that trial 

counsel was ineffective because he failed to object to the Commonwealth’s 

interlocutory appeal and agreed that the Commonwealth could utilize 

statements made by Appellant while acting pro se against him at trial. Id. at 

67. Except in limited circumstances not present in this case, claims of 

ineffective assistance of counsel may not be raised on direct appeal. 

Commonwealth v. Cook, 175 A.3d 345, 351 n.3 (Pa. Super. 2017). 

Accordingly, Appellant is not entitled to review of his ineffective assistance of 

counsel claim within the context of this direct appeal. 

Lastly, Appellant argues that the Commonwealth failed to prove that he

was charged with “any crime” at trial. Appellant’s Brief at 67. Per Appellant,

in the absence of testimony from Special Agent Farkus, the Commonwealth 

failed to adduce sufficient evidence that charges “were filed or existed” or that 

“a crime occurred.” Id. at 68. We disagree.

Our standard of review regarding the sufficiency of the evidence is as 

follows:

The standard we apply in reviewing the sufficiency of evidence is 

whether, viewing all the evidence admitted at trial in the light 

most favorable to the verdict winner, there is sufficient evidence 

to enable the fact[-]finder to find every element of the crime 

beyond a reasonable doubt. In applying the above test, we may 

not weigh the evidence and substitute our judgment for that of 

the fact-finder. In addition, we note that the facts and 

circumstances established by the Commonwealth may not 

preclude every possibility of innocence. Any doubts regarding a 
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defendant's guilt may be resolved by the fact-finder unless the 

evidence is so weak and inconclusive that as a matter of law no 

probability of fact may be drawn from the combined 

circumstances. The Commonwealth may sustain its burden of 

proving every element of the crime beyond a reasonable doubt by 

means of wholly circumstantial evidence. Moreover, in applying 

the above test, the entire record must be evaluated and all 

evidence actually received must be considered. Finally, the trier 

of fact while passing upon the credibility of witnesses and the 

weight of the evidence produced, is free to believe all, part or none 

of the evidence.

Commonwealth v. Lambert, 795 A.2d 1010, 1014–1015 (Pa. Super. 2002) 

(citations omitted).

Section 2524(a) defines the offense of unauthorized practice of law as 

follows:

(a) General rule.—Except as provided in subsection (b) [related 

to practice by associations], any person, including, but not limited 

to, a paralegal or legal assistant, who within this Commonwealth 

shall practice law, or who shall hold himself out to the public as 

being entitled to practice law, or use or advertise the title of 

lawyer, attorney at law, attorney and counselor at law, counselor, 

or the equivalent in any language, in such a manner as to convey 

the impression that he is a practitioner of the law of any 

jurisdiction, without being an attorney at law or a corporation 

complying with 15 Pa.C.S. Ch. 29 (relating to professional 

corporations), commits a misdemeanor of the third degree upon 

a first violation. A second or subsequent violation of this 

subsection constitutes a misdemeanor of the first degree.

42 Pa.C.S.A. § 2524(a). As this Court explained previously, if “the 

Commonwealth establish[es] beyond a reasonable doubt that [Appellant] 

practiced law and was not an attorney, such evidence would be sufficient to 

convict [Appellant] of the unauthorized practice of law under 42 Pa.C.S.[A]. 

§ 2524(a).” Pilchesky, 151 A.3d at 1100. 
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The trial court summarized the relevant testimony/evidence presented 

as follows:

Dana Lewis testified that she reached out to [Appellant, who she 

admitted was not an attorney,] for assistance in a custody dispute. 

She testified that she gave [Appellant] information about the 

custody case, that he assisted her in drafting legal documents and 

in filing those documents. She further testified that [Appellant]

asked her for payment of $3,000.00 for his assistance. 

Additionally, the Commonwealth offered [electronic mail]

communication between Dana Lewis and [Appellant] as well as 

the documents identified by Lewis that [Appellant] assisted her in 

drafting.

***

[Appellant’s] second count concern[ed] Sheila Hartman. Hartman

testified that she was advised by [Appellant] that her attorney had 

done things incorrectly in a civil lawsuit in which she was involved 

with her former employer. Hartman further testified that in 

exchange for payment, [Appellant] drafted correspondence and 

motions for her so that she could terminate her previous attorney 

and request her file from him. Hartman paid [Appellant] 

$1,000.00 for the drafting of documents to be filed in her case. 

The Commonwealth also offered documentary evidence of 

[Appellant] supplying legal advice to Hartman as well as the 

documents he drafted. 

The third count involved Mary Chilipko. Chilipko testified that she

was a neighbor of one Edward Blasko who had once been a 

resident of the Greenridge Assisted Living Facility. Chilipko

testified that she and Blasko discovered that the owners of the 

facility had continued to cash his Social Security checks without 

his knowledge or consent. Chilipko testified that she contacted

[Appellant] on behalf of Blasko and indicated that [Appellant] 

wanted to help and advised filing a lawsuit against the owners of 

the facility. Chilipko testified that [Appellant] prepared a civil

action on behalf of Blasko seeking return of the Social Security 

check money as well as damages. [Appellant] filed the lawsuit 

after obtaining Blasko’s signature. Appellant was paid $500.00 

for his assistance. 

Trial Court Opinion, 5/30/19, at 16-18.
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It is undisputed that Appellant, during all times relating to the 

allegations made by Lewis, Hartman, and Chilipko, was not licensed to practice 

law within the Commonwealth of Pennsylvania or any other state. When 

viewing the aforementioned evidence in the light most favorable to the 

Commonwealth, we hold that the evidence presented in this case was 

sufficient to prove that Appellant practiced law and was not an attorney. 

Because none of Appellant’s issues warrant relief, we affirm the 

judgment of sentence. 

Judgment of sentence affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 06/08/2020