Richard A. Lewis ‘Dauphin County Court House Telephone: (717) 780-6585 101 Market Steet President Judge Fax: (717) 780-6452 Hianisag, PA 17101 ‘COMMONWEALTH OF PENNSYLVANIA “Twelfth Judicial District Erma: lewis@dauphine.org Court of Common Pleas - Dauphin County August 30, 2019 Jennifer Traxler, Esq., Deputy Prothonotary ‘Superior Court of Pennsylvania Middle District Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 Dear Ms. Traxler, In the past several weeks, several of our Dauphin County judges, including myself, received notices indicating that the record in a number of pending appeals from Dauphin County has not been received by the Superior Court. Attached to this letter is a list of those cases. The list details critical dates, including the date that the trial court opinion, memorandum order or statement in lieu of was filed in the Office of the Clerk of Courts. In most of these cases, the trial court order was filed in advance of any deadline. Our Dauphin County Clerk of Courts indicates that the delay in the transmission of the.record in these cases is due in large part to staff shortages in the Clerk’s office, as well as a series of IT issues that have hampered the electronic transmission of the trial court records. Dauphin County Court Administrator Deborah Freeman, along with Judge John Cherry and I met with the Clerk of Court, Dale E. Klein in an effort to resolve these issues. We have pledged court staff to assist the Clerk's office in compiling and transmitting the records and have made it abundantly clear of the need for the quick completion of the transmittals.Furthermore, Ms. Freeman and | met with Dauphin County's new Director of Information Technology and stressed the priority that needs to be given to addressing this critical backlog of case records — and any software or other technological issues that may be affecting the backlog. The director has pledged her immediate focus on this problem. While we apologize for the delay and any inconvenience it has caused the Superior Court, we will continue pursuing the completion of this process. Please do not hesitate to contact me if | can supply you with any additional information. ‘Thank you for your understanding, President Judge cc: Dauphin County Judges Honorable Dale E. Kiein, Dauphin County Clerk of Court Deborah S. Freeman, Dauphin County Court Administrator RAUcakJudge William Tull Lenny Reid - 66 CR 2017 - 369 MDA 2019 ~ record due on March 22, 2019; Opinion filed on April 24, 2019; late notice on June 6, 2019; record due 4/29/2019 — record not transmitted alisha Brandao — 5624 CR 2016 - 621 MDA 2019 ~ record due June 17, 2019; Opinion filed July 12, 2019 (appeal dismissed & reinstated); late notice on July 25, 2019; record due 6/11/2019- record not transmitted Erik Stole — 5864 CR 2018 ~ 836 MDA 2019 — record due 7/22/19 ~ Trial court opinion filed 7/22/19; late notice received on August 27, 2019 (dated August 26, 2019) Ramon Gonzalez ~ 6202, 6205 CR 2017 - 839, 840 MDA 2019 —record due 7/22/19 trial court opinion filed 7/25/19; late notice received on August 27, 2019 (dated August 26, 2019) Milton Rodriguez ~ 2047 CR 2018 ~ 945 MDA 2019 — record due 8/9/19 — Trial court opinion filed 7/22/19 - *Superior Court issued rule to show cause why it shouldn’t be quashed as untimely on 8/15/19 Judge Andrew Dowling: Com. v. Norman Williams ~ 1173-CR-2004-422 MDA 2019 — Statement in Lieu of filed on March 26, 2019 - Record due on April 29, 2019 — late notice sent on June 13, 2019 — record still has not been transmitted. Judge Scott Arthur Evans: ‘Albert Asrovo (4471-CR-2018) — Memorandum Opinion filed 6-25-19; late notice sent 7-8-19; record not yet transmitted according to CPCMS. Omari Wilson (4492-CR-2016) - Memorandum Opinion filed 6-25-19; late notice sent 6-28-19; record not yet transmitted according to CPCMS. Gregory Wyatt (3361-CR-2013) - Statement in Lieu of filed 44-19; rule entered on ‘appellant 5-2-19; response filed 5-16-19; late notice sent 6-20-19; record not yet transmitted according to CPCMS. Reginald Scott (2223-CR-1974) — Statement in Lieu of filed 4-16-19; rule entered on appellant 3-29-19; response filed 4-9-19; late notice sent 6-10-19; record not yet ‘transmitted according to CPCMS. Kareem George (2215-CR-2005) ~ Statement in Lieu of filed 3-6-19; remand for Grazier hearing 4-5-19; appellant granted pro se status 5-1-19; late notice 5-23-19; record not yet transmitted (but ok, given procedural issues). Dennis Robinson (549-CR-2010) — 711 MDA 2019; due June 24, 2019; Statement in Lieu of filed July 25, 2019; Late notice received August 1, 2019. Larry Wayne Cathey (6171 CR 2016; 799 MDA 2019). Due July 12, 2019; Statement in ‘Lieu of filed June 13, 2019; Late Notice received August 19, 2019 (dated August 16). Eric Collier (5598 CR 2016; 838 MDA 2019). Record due July 22, 2019; Statement in Lieu of filed August 8, 2019; Late Notice received August 27, 2019 (dated August 26)Judge John Cherry: = Aaron Pitts 3133-CR-2016 (347 MDA 2019) Opinion filed on April 1, 2019 Overdue noticed received on May 29, 2019 - Leonard Riley $291-CR-2014 & 5649-CR-2014 (483,484 MDA 2019) ‘Opinion filed on April 17, 2019 Overdue noticed received on June 26, 2019 - Lahme Perkins 1266-CR-2008 & 1394-CR-2008 (785 MDA 2019) ‘Opinion filed on June 21, 2019 ‘August 15, 2019 — we received our leter from Superior Court about the record being overdue, as mentioned above, the opinion was filed on June 21, 2019 ‘Judge Deborah Cureillo: _ Tyler Shreiner ~ 4733 CR 2016/587 MDA 2019 — Record was due on June 10, 2019 Memorandum Opinion filed June 3, 2019. Late notice sent July 15, 2019 _ Kenneth Deavers 2508 CR 2018/506 MDA 2019 ~ Record was due on May 28, 2019 Memorandum Opinion filed June 3, 2019. Late notice sent July 2, 2019. - Darla Carrington 941 CR 2014/350 MDA 2019 ~ Record was due on April 26, 2019, Statement in Lieu of filed May 8, 2019. Late notice sent May 28, 2019. _ Shamir Hunter ~ 4664 CR 2016/408 MDA 2019 ~ Record was due on May 6, 2019. ‘Memorandum Opinion filed May 28, 2019, Late notice sent June 10, 2019. Judge Richard Lewis: = Tywon Baker ~ 2036, 2041, 2053 CR 2007- 315 MDA 2019 ~ Record was due on 4/15/2019; Statement in Lieu of filed 3/25/2019. On March 12, 2019 a rule was entered con the appellant. A response was filed on April 15, 2019. Late notice sent 5/23/2019. Record not transmitted yet. Edwin Caceras ~ 650 CR 2018 - 379 MDA 2019 - Record was due on 4/30/2019; ‘Memorandum Opinion filed 3/22/2019. Overdue notice sent on 6/6/2019 Justin Cooke -936 CR 2015- 424 MDA 2019 - Record was due on 5/7/2019; Statement in Lieu of filed 3/19/2019. Overdue notice sent June 13, 2019. = Sean Darrington - 2322 CR 1993 ~ 512 MDA 2019 — Record was due on 5/28/19; Statement in Lieu of filed 4/18/2019. Overdue notice sent July 5, 2019. ~ Jonathan Lopez 2371 CR 2017 - 525 MDA 2019 — Record was due on 6/3/2019, ‘Memorandum Opinion filed May 7, 2019. Overdue notice sent July 9, 2018, ‘Aramis Ruiz-Mena — 3735 CR 2009 ~ 588 MDA 2019 ~ Record was due on 6/11/2019, ‘Statement in Lieu of filed May 9, 2019. Overdue notice sent July 16, 2019 David Irvin — 1146 CR 2016 - 618 MDA 2019 - Record was due on June 17, 2019. Statement in Liew of filed May 7, 2019, Overdue notice sent July 22, 2019 (not yet docketed on CPCMS as of 7/26/2019).- Michael Veon - 4274 CR 2009-749 MDA 2019 — Record was due on July 1, 2019. Memorandum opinion filed June 14, 2019. Overdue notice received August 7, 2019 ‘Sonya McNeil — 1098 CR 2018 — 737 MDA 2019 ~ Record was due on July 2, 2019. Statement in Lieu of filed June 11, 2019. Overdue notice received August 7, 2019. Leslie Frederick, Jr, ~ 4510 CR 2018-771 MDA 2019 — Record was due on July 8, 2019. Statement in Lieu of filed June 3, 2019. Overdue notice received August 12, 2019Additional overdue notices received Vincent Walker, 2005 CR 2018-992 MDA 2019 - Opinion filed 8/27/19 Overdue notice received 9/24/19 Kenroy Samuels, 6845 CR 2017 ~ 1091 MDA 2019 - Opinion filed 8/15/19 — Overdue notice received 10-11-19 Ajani Posey, 322 CR 2017 - 946 MDA 2019 ~ Memorandum Statement filed 7/31/19 - Overdue notice received 9/13/19 Houdini Saunders, 16-2 CR 2015-378 MDA -2019— Opinion filed 7/24/19 - Overdue notice received 9/3/18(COMMONWEALTH OF PENNSYLVANIA. : INTHE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. MOSES FAHNESTOCK : NO. 1407 CR 2018 ORDER AND NOW, this 21 day of October, 2019, the Prothonotary of the Middle District of the Superior Court not having received timely submittal of the record from the Dauphin County Office of the Clerk of Courts, noting this Court's Opinion being filed on August 7, 2019 and the Superior Court’s Notice of Records being overdue dated October 8, 2019 and recognizing a vast array of previously received overdue notices attendant to other dockets (see attached letter and attachment of this Court) the Clerk of Court is hereby ORDERED and DIRECTED in accordance with Pa.R.A.P. 1931 to make full transmittal of the record to the Prothonotary of the Superior Court of Pennsylvania on order before October 31, 2019 BY THE COURT: Distribution: Dale Klein, Dauphin County Clerk of Court Jennifer Traxler, Esq., Deputy Prothonotary, Superior Court of Pennsylvania