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Bloome v. Alan

Superior Court of Pennsylvania

January 24, 2017

MARGIE BLOOME, ADMINISTRATOR FOR DARON RHASHAWN TROLLINGER Appellant
v.
MORRIS ALAN AND HILLSIDE GARDENS, LTD. MARGIE BLOOME Appellant
v.
ALAN MORRIS, EDWARDSVILLE ASSOCIATES, EDWARDSVILLE APARTMENTS MANAGEMENT, LLC, EDWARDSVILLE APARTMENTS, LP, EAGLE RIDGE APARTMENTS, INC. MARGIE BLOOME Appellant
v.
SILVER STREET DEVELOPMENTCORPORATION, EDWARDSVILLE APARTMENTS, LP AND HILLTOP-EDWARDSVILLE, LP MARGIE BLOOME Appellant
v.
SILVER STREET DEVELOPMENT CORPORATION

         Appeal from the Order Entered December 15, 2015 In the Court of Common Pleas of Luzerne County Civil Division at No(s): 03514 of 2014, 3515 of 2014, 05985 of 2014, 05986-2014.

          BEFORE: FORD ELLIOTT, P.J.E., SHOGAN, J., STEVENS, P.J.E. [*]

          OPINION

          STEVENS, P.J.E.

         Appellant Margie Bloome, as administrator for the estate of the deceased, Daron Rhashawn Trollinger ("Mr. Trollinger"), appeals pro se[1]from the December 15, 2015, order entered in the Court of Common Pleas of Luzerne County granting, in part, preliminary objections filed by Silver Street Development Corporation, Hilltop-Edwardsville, LP, and Edwardsville Apartments, LP, and dismissing Appellant's amended complaint. After a careful review, we conclude the trial court's December 15, 2015, order is not a final order, and accordingly, we quash the pro se appeals.

         The record certified to us on appeal presents the following relevant facts and procedural history. On March 18, 2014, Appellant filed a pro se writ of summons against Alan Morris[2] and Hillside Gardens, LTD., and the matter was docketed in the lower court at 3514 of 2014. The record reveals that service of the writ of summons was attempted, but never effectuated, by the sheriff. See Sheriff's Service and Affidavit, filed 3/19/14.

         On June 4, 2014, Appellant filed a pro se civil complaint naming solely as a defendant Silver Street Development Corporation, and the matter was docketed in the lower court at 3514 of 2014. In a two paragraph complaint, Appellant alleged that, as the owner of the Hilltop-Apartments in Edwardsville, Pennsylvania, Silver Street Development Corporation was negligent as it relates to criminal activity occurring at the property, which led to crimes occurring against Mr. Trollinger.[3]

         Silver Street Development Corporation filed preliminary objections alleging Appellant's complaint was not verified and lacked the requisite specificity.[4] On April 27, 2015, the trial court held a hearing, and by order entered on April 30, 2015, the trial court granted Silver Street Development Corporation's preliminary objections and directed Appellant to file an amended complaint within thirty days.

         On May 21, 2015, Appellant filed an amended pro se complaint naming as defendants Silver Street Development Corporation, Hilltop-Edwardsville, LP, Edwardsville Apartments, LP, Edwardsville Apartments Development, LLC, Edwardsville Apartments Management, LLC, Eagle Ridge Apartments, Inc., and Silver Street Development Corporation et al (collectively, and for ease of discussion, referred to as "Appellees"). Appellant filed the amended complaint at lower court docket number 3514 of 2014. [5]

         In the amended complaint, Appellant alleged that Mr. Trollinger lived with Elishabah Marshall at the Hilltop Apartments in Edwardsville, and on May 16, 2012, at approximately 7:00 to 8:00 p.m., Mr. Trollinger went to the nearby Eagle Ridge Apartment building to visit someone. While he was outside of the Eagle Ridge Apartment building, Mr. Trollinger was attacked and lethally shot.

         Appellant averred Appellees were liable for the wrongful death of Mr. Trollinger by not deterring criminal activity at the Eagle Ridge Apartment building, as well as not installing surveillance cameras, proper door locks, outside lighting and/or proper fencing. Appellant further averred Appellees should have banned George Lee Barnes, who shot Mr. Trollinger and had a history of arrests in connection with other crimes occurring at the Eagle Ridge Apartment building, from coming onto the property prior to the shooting.

         Moreover, Appellant suggested that, after the shooting death of Mr. Trollinger, Elishabah Marshall, with whom Mr. Trollinger had resided, requested from Comerica Bank a replacement card in the name of Mr. Trollinger. Appellant suggested Appellees were liable for this fraudulent activity. Appellant ultimately sought five billion dollars in compensatory and punitive damages.

         On June 16, 2015, Silver Street Development Corporation, Hilltop-Edwardsville, LP, and Edwardsville Apartments, LP, filed preliminary objections to Appellant's amended complaint. Therein, they sought to strike Appellant's amended complaint on the following grounds: (1) lack of jurisdiction under Pa.R.Civ.P. 1028(a)(1) due to the fact Appellant added new parties (Hilltop-Edwardsville, LP, and Edwardsville Apartments, LP, and Silver Street Development Corporation et al) without the approval of the court; (2) failing to join indispensable parties, i.e., George Lee Barnes and Elishabah Marshall; (3) lack of capacity to sue and subject matter jurisdiction; (4) pendency of prior actions based on the same facts alleged in Appellant's amended complaint; (5) failing to identify material facts upon which a cause of action is based and for insufficient specificity; and (6) in the nature of demurrer for failing to assert a cause of action. Alternatively, the preliminary objections sought to strike certain portions of Appellant's amended complaint under Pa.R.Civ.P. 1028(a)(2) due to scandalous or impertinent material.

         On July 10, 2015, Appellant filed an answer in opposition to the preliminary objections, and on September 9, 2015, the trial court held oral argument on the matter. Thereafter, by order entered on December 15, 2015, the trial court granted, in part, the preliminary objections and dismissed Appellant's amended complaint.[6] Thereafter, Appellant filed four timely pro se notices of appeal.

         Initially, prior to addressing the issues presented by Appellant, we must determine whether the trial court's December 15, 2015, order is a ...


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