Javitz, D., Aplt. v. Schnelly, P.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

DONNA DAVIS JAVITZ, : No. 45 MAP 2025 :

Appellant : Appeal from the Order of the : Commonwealth Court dated June : 17, 2025 at No. 81 MD 2018 v. :

: :

PAULA SCHNELLY, :

:

Appellee :

ORDER

PER CURIAM DECIDED: June 16, 2026 AND NOW, this 16th day of June, 2026, the Order of the Commonwealth Court is

VACATED and this matter is REMANDED to that court to enter an order quashing

Appellant’s “Praecipe to Reinstate/Motion to Vacate Decision of This Court Dismissing as

Moot the Complaint Seeking the Removal of Paula Schnelly from Public Employment

Under 18 Pa.C.S. §5726” for lack of jurisdiction. See 42 Pa.C.S. § 5505 (setting forth the

general rule that a court may modify or rescind any order within 30 days after its entry,

provided that no appeal has been taken from that order); Commonwealth v. Holmes, 933

A.2d 57, 65-66 (Pa. 2007) (holding that the 30-day period in 42 Pa.C.S. § 5505 is

jurisdictional, absent a patent and obvious error in the order or record which is subject to

correction pursuant to the court’s inherent authority).