J-S03012-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT

OF

PENNSYLVANIA

Appellee

v.

EDWARD BRADY,

Appellant No. 1718 EDA 2018

Appeal from the Order Entered June 6, 2018

In the Court of Common Pleas of Chester County

Criminal Division at No(s): CP-15-CR-0004148-2012

BEFORE: BENDER, P.J.E., OLSON, J., and MUSMANNO, J.

JUDGMENT ORDER BY BENDER, P.J.E.: FILED APRIL 08, 2019

Appellant, Edward Brady, appeals pro se from the trial court’s June 6, 

2018 order. After careful review, we are compelled to deem that order nonfinal and quash Appellant’s appeal.

We need not set forth the facts or procedural history of Appellant’s case 

for purposes of disposing of his present appeal. We need only note that on 

February 7, 2018, Appellant filed his third pro se petition under the Post 

Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. On April 30, 2018, 

the PCRA court issued a Pa.R.Crim.P. 907 notice of its intent to dismiss 

Appellant’s petition as being untimely filed. Appellant did not file a timely 

response, and on May 25, 2018, the court issued an order that stated as 

follows:
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AND NOW, this 25th day of May, 2018, after consideration 

of [Appellant’s] Third Post Conviction Relief Act Petition 

(hereinafter “PCRA Petition”), it is hereby ORDERED as follows:1

1 A 20[-]day notice, pursuant to Pa.R.Crim.P. 907, was 

forwarded to [Appellant] on April 30, 2018.

Pursuant to Pa. Rule of Criminal Procedure 907(4), 

[Appellant] is advised that he has thirty (30) days from the date 

of this Order to file an appeal to the Pennsylvania Superior Court. 

To do so, you must file a Notice of Appeal with the Clerk of Courts 

of Chester County, Pennsylvania. If you are indigent, you may 

request to file your appeal without the payment of costs (in forma 

pauperis). (Pa.R.Crim.P. 904)

Pursuant to Pa. Rule of Criminal Procedure 907(4), the Clerk 

of Courts of Chester County is directed to send a copy of this Order 

to [Appellant], certified mail, return receipt requested.

PCRA Court Order, 5/25/18, at 1 (single page).

Noticeably absent from this order is any ruling on Appellant’s petition. 

We presume that this omission was an oversight, and that the court intended 

to dismiss Appellant’s petition. Indeed, the docket entry for the May 25, 2018 

order states “Order Dismissing PCRA Filed.” However, the fact that the order 

does not actually rule on Appellant’s petition renders it non-final, as the order 

did not “dispose[] of all claims and of all parties[.]” Pa.R.A.P. 341 (defining a 

final order). Thus, the May 25, 2018 order is not appealable, and we lack 

jurisdiction to consider Appellant’s appeal. See Commonwealth v. Mitchell, 

72 A.3d 715, 717 (Pa. Super. 2013) (“In order for this Court to have 

jurisdiction, an appeal must be from an appealable order.”) (citing 

Commonwealth v. Brister, 16 A.3d 530, 533 (Pa. Super. 2011) (“[T]he 

appealability of an order directly implicates the jurisdiction of the court asked 

to review the order.”)). Consequently, we are constrained to quash 
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Appellant’s appeal, without prejudice to his right to file a new appeal once the 

PCRA court enters a final order ruling on his petition.

Appeal quashed. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 4/8/19