Opinion
No. 126 MAL 2009.
August 19, 2009.
Petition for Allowance of Appeal No. 126 MAL 2009 from the Order of the Superior Court.
Prior Report: Pa.Super., 965 A.2d 285.
ORDER
AND NOW, this 19th day of August 2009, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:
1. Whether the Superior Court erred in finding waiver of all appellate issues for failing to serve the trial judge with a Statement of Errors Complained Of, pursuant to Appellate Rule 1925(b), when the trial judge's order directing a Statement of Errors to be filed, failed to include language mandated by paragraphs (b)(3)(iii) and (iv) of Appellate Rule 1925(b)?
2. Whether the Superior Court erred finding a waiver of all appellate issues for failing to provide the trial judge with personal service of the timely-filed Statement of Errors, when [P]etitioners complied with the actual wording of the trial judge Rule 1925(b) Order, which directed [P]etitioners to file the Statement of Errors "with the Court, and a copy with the trial judge," and when the trial judge in fact received the Statement of Errors contemporaneously with its filing?