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Home My WebLink About07-3981 LARRY RUNK, II, Plaintiff v. CURTIS LONG, PROTHONOTARY OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. DJ_ 3~r gl CIVIL TERM CIVIL ACTION -LAW FOR MANDAMUS NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice fox any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. Respectfully submitted, A~om & Kutulakis, L.L.P. Jasc~ii P. Kutulakis, Esquire Attorney I.D.: 80411 36 South Hanover Street Carlisle, PA 17103 (717) 249-0900 Attorney for Plaintiffs ~. ABOM SZ' I~uTULnxis Jason P. Kutulakis, Esquire Attorney I.D. #: 8041 1 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 LARRY RUNK, II, Plaintiff v. CURTIS LONG, PROTHONOTARY OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. U 3- 3 g~ l CNIL TERM CNIL ACTION -LAW FOR MANDAMUS COMPLAINT AND NOW, this 26~' day of June, 2007, comes Larry Runk, by and through his counsel, Jason P. Kutulakis, Esquire of Abom &Kutulakis, LLP, and respectfully files this Complaint seeking Mandamus for the Prothonotary of Cumberland County and in support thereof avers the following: 1. Plaintiff is Larry Runk who resides at 32 George Brown Road, Millerstown, Perry County, Pennsylvania 17062. 2. Defendant is Curtis Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania 17013. 3. A custody action was filed in Perry County between Larry Runk, II, Plaintiff and Rebecca Runk, Defendant. 4. On May 1, 2007, pursuant to a Petition filed by Rebecca Runk, the Perry County Court of Common Pleas issued an Order transferring the within Custody matter to Cumberland County Court of Common Pleas. (See Attached Exhibit A.) On or about May 30, 2007, counsel made contact with the Cumberland County Court of Common Pleas to determine whether or not the matter had been received by the receiving county. Cumberland County Prothonotary's office indicated that they had not yet received the file as of May 30, 2007. 7. Undersigned counsel made contact with the Perry County Prothonotary's office on or about May 30, 2007 and was informed that they were unaware that the file was to be transferred. 8. On or about June 4, 2007 the Office of the Prothonotary of Cumberland County received the file from the Perry County Court of Common Pleas. 9. On or about June 11, 2007, undersigned counsel attempted to file a Petition for Special Relief. 10. Undersigned counsel was informed by the Office of Prothonotary that they were unwilling to docket the file from the transferred file from Perry County until a transfer fee of approximately $167 was paid. 11. Undersigned counsel was asked to pay the transfer fee. 12. The transfer was done at the request of the Defendant, Rebecca Runk. 13. Pa. R.C.P. Rule 1915.2 directs that it is the Petitioner who seeks transfer must pay the filing fees. 14. Undersigned counsel spoke with the Office of the Prothonotary who informed that they contacted their Solicitor whose opinion it was that the moving party, in this case Rebecca Runk, was responsible for the filing fees. 15. The Prothonotary indicated that they were unwilling to docket this matter until the transfer filing fee had been paid. 16. Undersigned counsel informed Defendant's counsel, Michael Scherer, Esquire, that it was his client's responsibility to pay the filing fee. 17. Mr. Scherer indicated that his client would pay it after said time that Plaintiff began paying child support. 18. Child support remains contested. 19. Title 42, Section 205.2 of the Rules of Civil Procedure, mandate that the Prothonotary shall not refuse to docket pleadings. "No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the Prothonotary based upon a requirement of a Local Rule of Civil Procedure or Judicial Administration." Rule 205.2 20. Defendant has precluded any contact between Plaintiff and his two children since October 2006. 21. Tide 42, Rule 1915.4 mandates that a Conciliation Conference shall be held within 45 days from the filing of a Complaint in Custody. The Rule also mandates that a trial be held within 180 days of the filing of the Complaint. 22. It is believed and therefore averred that the Office of Prothonotary of Cumberland County is violating the Rules of Civil Procedure by refusing to docket the transfer file from Perry County Court of Common Pleas. 23. It is believed and therefore averred that Plaintiff and his children are being irreparably harmed by the Prothonotary's actions which result in his inability to seek the relief which he is entitled to until the Rules of Civil Procedure and Custody Code. WHEREFORE, it is respectfully requested that this Honorable Court mandate that the Prothonotary immediately docket the file that has been transferred from the Perry County Court of Common Pleas in the above-captioned matter and that this matter be scheduled immediately for Conciliation. It is further requesting that any costs, filing fees, other fees and other relief as the Court deems appropriate shall be awarded. Respectfully submitted, ABOM & KUTULAIOS, LLP Date: ~ D J son P. Kutulakis, Esquire South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 80411 CERTIFICATE OF SERVICE AND NOW, I, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Complaint via first class mail addressed as follows: MichaelA~Sdierer; Esgcdre O'Brierg Bc~ic & Scherer 19 West Sw.dli S1 beet Cce PA 17013 Robert Sada~.s, Esquire 26 West High S3beet C,~v~tisle, PA 17013 Cio~d~slong, Pro~ono~y CS~onbpr~av~d Co~a:ty Cozai3eouse die Courthouse Squaae Ccm~isl~ PA 17013 DATE ~~ J n P. Kutulakis C'~ r„ ~' a ~., O ~ .:~::, rr i .~ ~ w ~ ~ t<- _- t,o _,~ ~~ ~ ~~ -1J d" `Y=i ~ ~ ~ to ~~ ~ ~ ~-~ vt ~ G c.,, _` OM ~' K~ u~ls Jason P. K lakis, Esquire Attorney I.D. #: 8041 1 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 LARRY RUNK, II, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-3981. CIVIL TERM CURTIS LONG, PROTHONOTARY OF CIVIL ACTION -LAW COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant FOR MANDAMUS AFFIDAVIT OF SERVICE AND NOW, this 18`h day of July, 2007, I, Tracy Finkenbinder, hereby certify that I served a copy of the Complaint for Mandamus by personally handing a copy of same to: Rene Simpson Deputy Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Said service occurred on June 29, 2007. ~. Tracy L. F~ enbinder Legal Assistant to Jason P. Kutulakis, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE AND NOW, I, Tracy L. Finkenbinder, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Affidavit of Service via first class mail addressed as follows: MiclwelAScherer; Esgcare O'Brier~ Bavic & Scherer 19 West Sozdah Sheet Cca~isle, PA 17013 Robert Sada~s, Esgcdre 26 WestHigh Sheet Cav~isle; PA 17013 G'~atis Long, Prothonot~y G~inber~artal C"ozmty Coiotleoz~se one C,ourtho~use Sc~ucoe C,av~isl~ PA 17013 DATE ~~ / b ' ~~ ~~" ~ `~ racy L. nkenbinder ~ p t~? ~ -rti t~ c.._. -rti .~a..r. ~ n~c-~: y.. ~~, _t ~,, l i "'" l ~? " "f ~ ~~ .~ s OM ~' LILAKIS Jason P. Kutulakis, Esquire Attorney LD. #: 80411 3G South Hanover Street Carlisle, PA 17013 (717) 249-0900 LARRY RUNK, II, IN THE COURT OF COMMON Plaintiff CUMBERLAND COUNTY, PA v. NO.O?- 39~~ CIVIL TERM CURTIS LONG, PROTHONOTARY OF CIVIL ACTION -LAW COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant FOR MANDAMUS To: Curtis Long c/o Robert C. Saidis, Esquire 26 West High Street Carlisle, PA 17013 Date of Notice: July 20, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING W COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH . YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ~ MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOD. THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAC CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OF FIND OUT WHERE YOU CAN GET LEGAL HELP: TH THE GAINST >YOU TAKE :R OR :E TO w Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 & KUTULAKIS, LLP Jas P. Ku akis, Esquire 36 outh Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaint r CERTIFICATE OF SERVICE AND NOW, this ~' Day of July, 2007, I, Jason P. Kutulakis, Esquire, hereby ce fy that I did serve a true and correct copy of the foregoing NOTICE OF OF INDENT TO FILE A PI~lECIPE TO ENTEK JUDGMENT BY DEFAULT upon the Defendant by depositing~l or causing to be deposited, same in the U.S. certified mail, return receipt requested, at Carlisle, Pennsylvania, addressed as follows: Robert C. Saidis, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Jaso P. Kutulakis, Esquire t': ~., ~__ ~~, __, -~ _ _ ~ T .-i- ~ ~- _ _ -_ ' C7 r _ ,~ . '~ • ~ ~~' R 4' "~J it :L ~.J ~•~1 ~,,,:-~