Tenth Presbyterian Church v. Snyder, P.


J-A20041-22 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 TENTH PRESBYTERIAN CHURCH : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : PHILIP SNYDER : : Appellant : No. 2522 EDA 2021 Appeal from the Order Entered November 10, 2021 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): 190703016 BEFORE: BENDER, P.J.E., STABILE, J., and PELLEGRINI, J.* MEMORANDUM BY PELLEGRINI, J.: FILED SEPTEMBER 08, 2022 In this case that returns to us after remand by this Court, Philip Snyder (Snyder) appeals from the order entered in the Court of Common Pleas of Philadelphia County (trial court) granting the emergency motion for injunctive relief filed by Tenth Presbyterian Church (the Church) and enjoining Snyder from appearing within 1,000 feet of all Church-owned properties. Snyder challenges the trial court’s distance requirement as overly broad in contravention of this Court’s remand directive. We vacate the trial court’s order as it pertains to the distance requirement only, affirm it in all other respects, and remand with instructions. ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-A20041-22 I. A. The Church’s primary facility is located at 1701 Delancey Street in Philadelphia, and it owns at least four additional properties on Spruce and S. 17th Streets (the Properties). We previously summarized the facts and procedural history of this case as follows: Snyder moved to Philadelphia in 2008, after which he joined the Church, where he remained a member until the Church excommunicated Snyder in August 2016. Snyder thereafter began picketing at the Property regarding his excommunication and the conduct of certain current and prior Church officials. Snyder brought a defamation action against individual members of the Church, but ultimately, a jury tendered a verdict against Snyder. After the verdict in the defamation action, Snyder protested outside of the Property every Sunday, before and after Church services. On July 24, 2019, the Church filed a Complaint for an injunction and an Emergency Motion for Injunctive Relief for a preliminary injunction. The Church sought to restrict Snyder from coming within 1,000 feet of all properties owned by the Church. Following oral argument, Snyder temporarily agreed to the Church’s requested relief. The trial court subsequently conducted a hearing on the Church’s Motion for a preliminary injunction on January 30, 2020, and February 10, 2020. The trial court described the evidence presented at that hearing as follows: Snyder testified that he began picketing outside of the Property after the March 22, 2019, jury verdict more frequently, with a sign that contained the phrase “naked beatings,” “lying,” and “rape,” because he was displeased with the results of the case. Snyder further testified that he had protested while wearing a body camera and filmed congregants outside of the Property. Snyder testified that a trial court Order and subsequent Opinion in the defamation case misrepresented the truth. Douglas Baker (Baker), the Church’s former administrator, testified that Snyder -2- J-A20041-22 frequently wore a visibly “concealed” firearm to church services when he was a member, …

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