B. Chism v. P. Woodman & A. Woodman
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 23, 2026
Docket476 C.D. 2025
JudgeCovey
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Bianca Chism, :
Appellant :
:
v. :
:
Paloma Woodman and Adrian : No. 476 C.D. 2025
Woodman : Submitted: July 24, 2026
BEFORE: HONORABLE ANNE E. COVEY, Judge
HONORABLE LORI A. DUMAS, Judge
HONORABLE STACY WALLACE, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
JUDGE COVEY FILED: October 23, 2026
Bianca Chism (Appellant) appeals, pro se, from the Dauphin County
Common Pleas Court’s (trial court) order dated March 18, 2025 (entered March 19,
2025) (March 19, 2025 order) sustaining Paloma Woodman’s and Adrian
Woodman’s (collectively, Appellees) preliminary objections (Preliminary
Objections) to Appellant’s Complaint (Complaint) and granting Appellant 30 days
to file an amended complaint. There are three issues before this Court: (1) whether
the trial court’s order was a final, appealable order; (2) whether Appellant waived
all appellate issues by failing to file a Concise Statement of Errors Complained of
on Appeal pursuant to Pennsylvania Rule of Appellate Procedure (Appellate Rule)
1925(b) (Appellate Rule 1925(b) Statement); and (3) whether this Court should grant
Appellees’ Motion to Dismiss Appellant’s appeal for failure to file a brief (Motion
to Dismiss). After review, this Court quashes Appellant’s appeal and dismisses the
Motion to Dismiss and Appellant’s Motion to Reinstate Appeal and File Concise
Statement of Errors Nunc Pro Tunc (Motion to Reinstate and File) as moot.
On November 15, 2024, Appellant filed in the trial court a notice of
appeal from a Magisterial District Judge’s judgment and a praecipe to issue a rule to
file a complaint. On December 13, 2024, Appellant filed the Complaint in the trial
court. On December 24, 2024, Appellees filed their Preliminary Objections. By
March 19, 2025 order, the trial court sustained the Preliminary Objections, stating:
“[Appellant’s] Complaint fails to comply with the relevant [Pennsylvania R]ules of
Civil Procedure [(Civil Rules)]. It is further ORDERED that [Appellant] is granted
30 days from the date of this [o]rder to file an [a]mended [c]omplaint that fully
complies with all relevant [Civil Rules] . . . .” Trial Ct. March 19, 2025 Order at 1.
On April 9, 2025, Appellant appealed to this Court.
On April 10, 2025, the trial court directed Appellant to file an Appellate
Rule 1925(b) Statement.1 On May 7, 2025, the trial court filed its opinion pursuant
to Appellate Rule 1925(a) declaring that Appellant failed to file an Appellate Rule
1925(b) Statement and therefore all appellate issues are waived, and, alternatively,
because the trial court granted Appellant 30 days to file an amended complaint, the
trial court’s March 19, 2025 order is not a final, appealable order.2
1
The trial court’s order stated: “Any issue not properly included in the [Appellate Rule
1925(b)] Statement timely filed and served pursuant to [Appellate Rule] 1925(b) shall be deemed
waived.” Trial Ct. April 10, 2026 Order at 2.
2
On July 29, 2025, Appellant filed in this Court an Amended Complaint. Pursuant to
Section 5103 of the Judicial Code, a matter erroneously filed in one court should be transferred to
the correct court. See 42 Pa.C.S. § 5103. However, since the trial court granted Appellant 30 days
to file an amended complaint, and Appellant filed her Amended Complaint in this Court over 3
months after the 30 days expired, thereby making it untimely, such a transfer would be futile. See
Richardson v. Pa. Dep’t of Corr., 991 A.2d 394, 397 (Pa. Cmwlth. 2010) (“While [this Court’s]
usual remedy would be to transfer to an appropriate court, [this Court] can refuse to transfer, in
the interest of judicial economy, if [this Court] determine[s] that there are no circumstances under
which relief could be granted.”); see also McClain v. Harry (Pa. Cmwlth. No. 44 M.D. 2023, filed
July 24, 2026), slip op. at 16 n.19 (“[T]ransfer to the [Pennsylvania] Superior Court would be a
futile endeavor from a timeliness standpoint that would disserve the interest of judicial
economy.”). Pursuant to Section 414(a) of this Court’s Internal Operating Procedures, 210 Pa.
Code § 69.414(a), an unreported panel decision of this Court issued after January 15, 2008, may
2
By August 28, 2025 Order, this Court directed:
[T]he parties shall address in their principal briefs on the
merits or other appropriate motion whether Appellant
preserved any issues for appellate review considering her
failure to file a timely [Appellate Rule] 1925(b) Statement
as directed by the trial court, see Commonwealth v.
Castillo, 888 A.2d 775 (Pa. 2005), and Commonwealth v.
Schofield, 888 A.2d 771 (Pa. 2005), and because it is not
readily apparent whether the appeal to this Court is proper
at this juncture, the parties are directed to address the
appealability of the trial court’s March 19, 2025 order.
August 28, 2025 Order at 2. On September 16, 2025, Appellant filed in this Court
the Motion to Reinstate and File. By October 7, 2025 Order, this Court instructed:
“[T]he Motion [to Reinstate and File] shall be listed with the merits of the appeal.
The parties shall address whether Appellant is entitled to the requested nunc pro tunc
relief in their principal briefs on the merits.” October 7, 2025 Order at 1. On
November 2, 2025, Appellees filed the Motion to Dismiss. By January 12, 2026
Order, this Court directed the Prothonotary to list the Motion to Dismiss with the
merits of the appeal.
Preliminarily, this Court must address whether the trial court’s March
19, 2025 order is an appealable order. Appellate Rule 341(a) provides, in relevant
part: “[A]n appeal may be taken as of right from any final order of a . . . trial court.”
Pa.R.A.P. 341(a). Appellate Rule 341(b)(1) declares that a final order is any order
that “disposes of all claims and of all parties[.]” Pa.R.A.P. 341(b)(1). This Court
has explained: “[A]n order that sustains preliminary objections, but with leave to file
an amended complaint, is generally considered to be interlocutory and not a final,
be cited for its persuasive value, but not as binding precedent. The unreported opinions cited
herein are cited for their persuasive value.
3
appealable decree.” May v. Doe, 269 A.3d 1286, 1288 (Pa. Cmwlth. 2022) (quoting
Hionis v. Concord Twp., 973 A.2d 1030, 1034 (Pa. Cmwlth. 2009)); see also G&B
Amusements LLC v. City of Phila. (Pa. Cmwlth. No. 1178 C.D. 2024, filed Nov. 5,
2025) (quashing appeal where the trial court’s order dismissed the appellants’
second amended complaint without prejudice and granted leave to amend).
Here, because the trial court granted Appellant 30 days to amend her
Complaint, the trial court’s order was not a final order. See May. Accordingly, this
Court lacks jurisdiction to consider the merits of Appellant’s underlying claims.3
For all of the above reasons, Appellant’s appeal is quashed.
_________________________________
ANNE E. COVEY, Judge
3
Because this Court lacks jurisdiction to consider Appellant’s appeal, Appellees’ Motion
to Dismiss and Appellant’s Motion to Reinstate and File are dismissed as moot.
4
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Bianca Chism, :
Appellant :
:
v. :
:
Paloma Woodman and Adrian : No. 476 C.D. 2025
Woodman :
ORDER
AND NOW, this 23rd day of October, 2026, Bianca Chism’s
(Appellant) appeal from the Dauphin County Common Pleas Court’s order dated
March 18, 2025 (entered March 19, 2025) is QUASHED. Paloma Woodman’s and
Adrian Woodman’s Motion to Dismiss Appellant’s appeal for failure to file a brief
is DISMISSED as moot. Appellant’s Motion to Reinstate Appeal and File Concise
Statement of Errors Nunc Pro Tunc is DISMISSED as moot.
_________________________________
ANNE E. COVEY, Judge