Johnson, L. v. King, J.

Superior Court of Pennsylvania·Decided June 20, 2024·No. 2267 EDA 2023·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

LAKRESHA JOHNSON : IN THE SUPERIOR COURT OF : PENNSYLVANIA

:

v. :

:

:

JONATHAN KING :

:

Appellant : No. 2267 EDA 2023

Appeal from the Order Entered July 25, 2023 In the Court of Common Pleas of Northampton County Civil Division at No(s): C-48-PF-2023-00352

BEFORE: PANELLA, P.J.E., NICHOLS, J., and BECK, J. MEMORANDUM BY BECK, J.: FILED JUNE 20, 2024 Appellant, Johnathan King (“King”), appeals pro se from the order entered July 25, 2023, by the Northampton County Court of Common Pleas (“trial court”) granting the petition filed by his former intimate partner, Lakresha Johnson (“Johnson”), pursuant to the Protection From Abuse (“PFA”) Act, 23 Pa.C.S. §§ 6101-6122.1 Finding no abuse of discretion or error of law

by the trial court, we affirm.

1 King filed one notice of appeal indicating he was appealing from two separate orders: (1) the trial court’s July 25, 2023 final PFA order and (2) the trial court’s August 4, 2023 order, which denied his motions for reconsideration, dismissal, and recusal. See Notice of Appeal, 8/23/2023. “Generally, when a party seeks to appeal from two separate decisions entered on the same docket, the party must file two separate notices of appeal.” In re Adoption of A.M.W., 289 A.3d 109, 111 n.1 (Pa. Super. 2023) (citation omitted). However, King’s appeal does not lie from the August 4, 2023 order denying his motion for reconsideration. See Pa.R.Civ.P. 1901.7(b) Note, 1930.2(b); (Footnote Continued Next Page)

The record reflects that on April 21, 2023, Johnson filed a PFA petition against King. At that time, Johnson was engaged to Jacob Stettler (“Stettler”). The petition alleged that King posted an old photograph of Johnson on Stettler’s vehicle, had a prior physical altercation with Johnson, and had a history of showing up at Johnson’s apartment unannounced, harassing Johnson over text messages, leaving copies of fake text messages purporting to be between King and Johnson on Stettler’s vehicle, creating fake pages of Johnson on social media, threatening to get Johnson fired from her place of employment, sending Johnson screenshots of postal inspection forms filled out in Johnson’s name, threatening to beat up anyone Johnson was dating, and contacting Stettler’s family members.

That same date, the trial court entered a temporary PFA order in favor of Johnson and against King. The order prohibited King from contacting, abusing, harassing, stalking, threatening, or attempting to threaten to use physical force against Johnson, and from possessing or acquiring firearms. The order also prohibited King from stalking or harassing Stettler. The trial

Pa.R.A.P. 1701(b)(3); Karschner v. Karschner, 703 A.2d 61, 62 (Pa. Super. 1997) (stating an appeal does not lie from the denial of a motion for reconsideration) (citation omitted). With respect to the portions of the August 4, 2023 order denying his motions for dismissal and recusal, we decline to quash King’s appeal from these portions of the order because Johnson did not object to King’s failure to file two appeals and the appeal period has expired. See A.M.W., 289 A.3d at 111 n.1 (citing Gen. Elec. Credit Corp. v. Aetna Cas. & Sur. Co., 263 A.2d 448, 453 (Pa. 1970)) (declining to quash appeal where appellant filed one notice of appeal indicating he was appealing two decrees where appellees did not object and appeal period had expired).

court initially scheduled a hearing on May 3, 2023, but continued it pending service of the PFA petition on King. Following a hearing on May 17, 2023, the trial court entered a three-year final PFA order against King. 2 Thereafter, King filed a timely motion for reconsideration, alleging that there was insufficient evidence to support a finding of abuse and that the trial court abused its discretion in crediting Johnson’s testimony and not allowing King a full opportunity to testify and present evidence at the hearing. The trial court granted reconsideration and scheduled a hearing on July 25, 2023. 3 The trial court summarized the evidence from the July 25, 2023 hearing as follows:

Johnson testified that she and King had previously dated, and that at the time of filing her [PFA p]etition, Johnson believed King was “stalking” her. Johnson testified that King had been previously physically and verbally abusive to her during the course of their prior relationship. King admitted to a prior “altercation” in March [] 2022. Following the parties’ last in-person interaction on or about March 15, 2023, Johnson testified that King began questioning her about who she was dating and if she had become engaged. Johnson stated that she had gotten engaged to another

2 Although the trial court initially denied the PFA petition, it subsequently vacated its decision and granted the petition. N.T., 5/17/2023, at 17, 19-20.

3 In a May 30, 2023 order, the trial court scheduled a hearing on King’s motion for reconsideration for July 25, 2023, and ordered the May 17, 2023 final PFA order to remain in effect until the hearing date. On June 14, 2023, King timely filed a notice of appeal with this Court, which was docketed at 1590 EDA 2023. On June 15, 2023, the trial court entered an amended order—clarifying its May 30 order—to expressly grant reconsideration, reiterate the July 25 th hearing date, and reinstate the April 21, 2023 temporary PFA order. Accordingly, this Court sua sponte quashed the appeal. See Order, 1590 EDA 2023, 8/7/2023 (citing Pa.R.A.P. 1701(b)(3)(ii); Cheathem v. Temple University Hosp., 743 A.2d 518 (Pa. Super. 1999)).

individual in April 2023. Upon Johnson confirming that she had a fiancé, Johnson testified that King began requesting Johnson repay him for things he had purchased during their previous relationship. Immediately thereafter, Johnson’s fiancé’s car was vandalized, the tires were slashed, and placed on the car was a photo of Johnson depicting a tattoo on her body that King had paid for while they had been together. Johnson testified that the tattoo was private, only something a limited number of people had knowledge of, and only two people besides King had access to the particular photo that was placed on the car. King was provided with an opportunity to cross-examine Johnson about her allegations[. H]owever, King’s questioning focused on items he purchased for Johnson in November 2022 and January 2023.

King’s testimony further focused on his anger that Johnson did not disclose to him that she had entered into a new relationship, e.g., “I don’t do things for other dude’s girl” and “she never mentioned her fiancé.” When the [trial c]ourt directed King to focus on the relevant time frame regarding the allegations of Johnson’s petition, and declined to accept hearsay evidence in the form of text messages between King and other individuals not present in court, King began objecting and speaking over the [trial c]ourt.

When the [trial c]ourt stated that it found Johnson’s testimony that she was in reasonable fear for her personal safety as a result of King’s conduct to be credible, King became belligerent to the extent that the courtroom deputies needed to intervene. Both the testimony and demeanor of the parties were appropriately considered by the [trial c]ourt in the entry of the [July 25, 2023 final PFA o]rder.

Trial Court Opinion, 11/3/2023, at 1-2 (record citations omitted; parties’ names supplied).

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