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Bolick v. Commonwealth

Superior Court of Pennsylvania

June 4, 2013

THOMAS M. BOLICK Appellant
v.
COMMONWEALTH OF PENNSYLVANIA Appellee

Appeal from the Order Entered January 26, 2012 In the Court of Common Pleas of Northumberland County Civil Division at No(s): CV-07-441

BEFORE: BOWES, J., OLSON, J., and WECHT, J.

OPINION

WECHT, J.

Thomas Bolick ["Appellant"] appeals pro se the trial court's January 26, 2012 order denying his "Motion to Vacate the Part of this Nunc Pro Tunc Judgment Dated September 29, 2009 That is Void and Reinstate the Valid Unappealed Final Order Which Was Rendered June 25, 2007." We affirm.

We previously summarized the facts underlying this appeal, as follows:

In 1981, Appellant was convicted of burglary, for which he received a sentence of 2.5 to 10 years' imprisonment. Since that time, Appellant has filed numerous appeals and petitions challenging that conviction.1 On March 13, 2007, Appellant filed pro se a civil motion to strike/open judgment, attacking his 1981 burglary conviction. On May 15, 2007, Appellant filed a notice of intention to file a praecipe for oral argument. On May 25, 2007, the trial court denied the motion without a hearing. On June 4, 2007, Appellant filed a request for placement of his petition to strike/open judgment on the oral argument list, attaching also a draft order for rule to show cause. The trial court wrote, "Denied, " on the order, then signed and dated it "June 11, 2007." See Order, dated 6/11/07. The order was docketed on June 12, 2007.
On June 20, 2007, Appellant filed another praecipe requesting that his petition to strike/open judgment "be submitted to the designated Judge for assignment." Praecipe, filed 6/20/07.Appellant attached to this praecipe a draft order stating, "[T]he court on its own motion vacates/strikes the judgment rendered in this cause on January 20, 1981 . . . for the reason that as a matter of law that judgment is void on its face for lack of jurisdiction due to fraud upon the court." Order, filed 6/26/07. The trial court signed this order, which was entered on June 26, 2007. Appellant presented the order to the state police in August of 2007. After the police notified the trial court of this order, the trial court filed an order on November 15, 2007, vacating its June 26th order on the basis that the "order was inadvertently signed." Order, filed 11/15/07. When the state police refused to strike his burglary conviction from his record, Appellant filed [an appeal with this Court on December 11, 2007].
1 The United States Court of Appeals, Third Circuit, recently noted: "In recent years, and despite the expiration of his sentence, [Appellant] has sought to challenge his conviction by seeking post-conviction review in state court. After his last such unsuccessful attempt, [Appellant] filed [his claims with the federal courts]." Pennsylvania v. Bolick, 144 F.App'x 274 (3d Cir. 2005) (unpublished).

Commonwealth v. Bolick, 1182 MDA 2010 (Pa. Super. 2011) (unpublished memorandum at 1-2) (citing Commonwealth v. Bolick, 2153 MDA 2007, (Pa. Super. 2008) (unpublished memorandum at 1-3)). As a result of the 2007 appeal, we directed the trial court to vacate the June 26, 2007 and November 15, 2007 orders and reinstate the May 25, 2007 order. Bolick, 2153 MDA 2007 (Pa. Super. 2008). On October 6, 2009, the trial did as instructed.

Appellant appealed the October 6, 2009 order. We affirmed that order. Bolick, 1182 MDA 2010 (Pa. Super. 2011). Appellant then filed the above-styled motion, which the trial court denied on January 26, 2009. Appellant appeals the January 26, 2009 order denying his motion. The trial court did not order a Pa.R.A.P. 1925(b) statement. The trial court entered a 1925(a) opinion directing our attention to the October 6, 2009 order.

Appellant presents the following issues:

1) Whether the portion of the Order of the Northumberland County Court of Common Pleas dated September 29, 2009, purportedly vacating the valid, final June 25, 2007 Discharge Order that was never appealed, or challenged legally, is void ab initio on its face and thus unenforceable since the court lacked jurisdiction of the subject matter, and of [Appellant] and the court acted in a manner inconsistent with due process of law and without authority to deny Appellant, [Appellant's] vested rights that it should have been vacated?
2) Did the trial court commit reversible error by refusing to strike the judgment entered in this case when the face of the record showed flaws which ...

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