A. Patterson v. K. Shelton ~ Appeal of: The General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith, et al. (Majority Opinion)

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IN THE COMMONWEALTH COURT OF PENNSYLVANIA AnthoneÃ© Patterson v. Kenneth Shelton Appeal of: The General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith by Carlton Morrison, Diana Taylor, Andrew Scott and C. Katherline Williams, as Trustees ad litem and Carlton Morrison, Diana Taylor, Andrew Scott and C. Katherline Williams, Individually BEFORE: : : : : : : : : : : : : : : : No. 2338 C.D. 2006 Submitted: December 10, 2007 HONORABLE BERNARD L. McGINLEY, Judge HONORABLE DAN PELLEGRINI, Judge HONORABLE JAMES R. KELLEY, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE KELLEY FILED: January 31, 2008 The General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith by Carlton Morrison, Diana Taylor, Andrew Scott and C. Katherline Williams, as Trustees ad litem and Carlton Morrison, Diana Taylor, Andrew Scott and C. Katherline Williams, individually, (hereinafter referred to as Trustees ) appeal from the November 17, 2006 order of the Court of Common Pleas of Philadelphia County (trial court) denying their petition to intervene in the matter of AnthoneÃ© J. Patterson v. Kenneth Shelton, July Term 1995, No. 2945. On October 12, 2006, a praceipe to enter judgment in favor of Patterson and against the Trustees of the Corporation and the Church headed by Kenneth Shelton was filed with the trial court in the matter of AnthoneÃ© J. Patterson v. Kenneth Shelton, July Term 1995, No. 2945. As the Trustees were not parties in the foregoing matter, they filed a motion to intervene with the trial court on November 2, 2006. The motion to intervene was denied by order of November 17, 2006 and entered November 21, 2006. The trial court determined, without conducting a hearing, that the Trustees waited too long to request intervention. The Trustees appealed to this Court from that order on December 15, 2006. The Trustees argue that the trial court erroneously denied the petition to intervene as it was based on an inadequate record and a misapplication of the Pennsylvania Rules of Civil Procedure. The Trustees contend that the trial court failed to hold a hearing required by Pa.R.C.P. No. 2329 thereby denying the Trustees the opportunity to establish the factual support for both their right to intervene and the timeliness of their petition. The Trustees contend further that they promptly moved to intervene following the entry of the October 12, 2006 judgment against them. The Trustees argue that the arbitrator s decisions in this matter clearly affect the constitutional rights and other legally enforceable interests of the General Assembly and individual Church members. We note that this matter is related to the appeal of Kenneth Shelton in the matter of AnthoneÃ© J. Patterson v. Kenneth Shelton, July Term 1995, No. 2945, which is docketed in this Court at number 1967 C.D. 2006. Therein, Kenneth Shelton appeals from the July 10, 2006 order of the trial court denying his petitions to vacate the April 26, 2006 arbitration award and a May 8, 2006 supplemental adjudication and confirming the arbitration award in the matter of AnthoneÃ© J. 2. Patterson v. Kenneth Shelton, July Term 1995, No. 2945. By memorandum opinion and order dated January 31, 2008, we reverse the trial court s July 10, 2006 order and remand to the trial court with instructions to vacate the arbitrator s April 26, 2006 decision and any decisions rendered by the arbitrator after that date and for the trial court to conduct the proper proceedings consistent with our opinion to determine whether AnthoneÃ© J. Patterson is entitled to relief pursuant to the Pennsylvania Nonprofit Corporation Law of 19881 as alleged in his complaint filed July 24, 1995. See AnthoneÃ© J. Patterson v. Kenneth Shelton (Pa. Cmwlth., No. 1967 C.D. 2006, filed January 31, 2008). As a result of this decision and order, the October 12, 2006, praceipe to enter judgment in favor of Patterson and against the Trustees of the Corporation and the Church headed by Kenneth Shelton in the matter of AnthoneÃ© J. Patterson v. Kenneth Shelton, July Term 1995, No. 2945, is null and void. If on remand, as directed by our decision and order in Kenneth Shelton s appeal docketed at 1967 C.D. 2006, the Trustees wish to file a new petition to intervene, we direct the trial court to consider the same pursuant to the Pennsylvania Rules of Civil Procedure that apply to interventions which are set forth at Pa.R.C.P. Nos. 2326-2350. One wishing to intervene is required to file a petition to intervene, setting forth the ground on which intervention is sought and a statement of relief or defense which the petitioner desires to demand or assert. Pa.R.C.P. No. 2328. The trial court must then hold a hearing to determine whether the petition to intervene should be granted. Pa.R.C.P. No. 2329. Whether or not to grant a petition is within the discretion of the trial court.2 Stanbro v. Zoning 1 2 15 Pa.C.S. §§5101-5997. This Court notes that it is obvious that in an action brought by a member of a (Continued....) 3. Hearing Board of Cranberry Township, 566 A.2d 1285 (Pa. Cmwlth. 1989), petition for allowance of appeal denied, 526 Pa. 644, 584 A.2d 325 (1990). Accordingly, we affirm the trial court s order denying the Trustees petition to intervene.3 _________________________________ JAMES R. KELLEY, Senior Judge corporation pursuant to the Nonprofit Corporation Law that the corporation involved would be an indispensable or necessary party to the action. 3 It is well settled that this Court may affirm on other grounds where the grounds for affirmance exist. Karl Smith Development Company v. Borough of Aspinwall, 558 A.2d 181 (Pa. Cmwlth. 1989), petition for allowance of appeal denied, 525 Pa. 614, 577 A.2d 545 (1990). 4. IN THE COMMONWEALTH COURT OF PENNSYLVANIA AnthoneÃ© Patterson v. Kenneth Shelton Appeal of: The General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith by Carlton Morrison, Diana Taylor, Andrew Scott and C. Katherline Williams, as Trustees ad litem and Carlton Morrison, Diana Taylor, Andrew Scott and C. Katherline Williams, Individually : : : : : : : : : : : : : : : No. 2338 C.D. 2006 ORDER AND NOW, this 31st day of January, 2008, the order of the Court of Common Pleas of Philadelphia County dated November 17, 2006 denying the petition to intervene filed by The General Assembly of the Church of the Lord Jesus Christ of the Apostolic Faith by Carlton Morrison, Diana Taylor, Andrew Scott and C. Katherline Williams, as Trustees ad litem and Carlton Morrison, Diana Taylor, Andrew Scott and C. Katherline Williams, Individually, in the matter of AnthoneÃ© J. Patterson v. Kenneth Shelton, July Term 1995, No. 2945, is affirmed. _________________________________ JAMES R. KELLEY, Senior Judge

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