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HomeMy WebLinkAbout96-00441 - . ~ :) .,... ~I ~\ , , / ( -,,';", '.' i-t :.:-:'1"/_ c,- ')->;;(~~-(-<~~:~,i . .,' J_.:iJ~' '-~~;;~:;~: <'~: ;"i ~,'~1'r;;t~}Y~' "i: (-~t--- i" L. REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NELLIE F. KNIGHT, Defendant NO. 96-441 CIVIL TERM ANSWER TO DEFENDANT'S MOTION FOR STAY 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Admitted. 6. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, therefore, strict proof thereof is required at trial. 7. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, therefore, strict proof thereof is required at trial. 8. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, therefore, strict proof thereof is required at trial. 9. The averment in Paragraph 8 contains a legal conclusion . . requiring no responsive pleading. By way of further answer, however, good cause must be shown as well. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. The averment in Paragraph 8 contains little more than a prayer for relief and, consequently, no responsive pleading is necessary. 16. Denied. Any review of Appellate Court cases couched within the context of this factual scenario would indicate that there is no probability of success in this instance. 17. Denied. The only hardship suffered by the Defendant in this instance is the same hardship suffered by any Defendant against whom judgment has been entered. 18. Denied. Plaintiff shall suffer prejudice, the extent to which satisfaction of the above captioned jUdgment shall be deferred and he shall be forced to engage in further litigation in the face of a frivolous appeal. NEW MATTER 19. The Rules of Civil Procedure do not provide this Court . with jurisdiction or authority to issue a Stay. 20. The instant matter does not present a factual situation which would permit this Court to enter a Stay. WHEREFORE, Plaintiff respectfully requests that Defendant's Motion for Stay be dismissed or, in the alternative, Defendant be required by This Honorable Court to provide security with the Court in the amount of Four Thousand, One Hundred Seventeen Dollars and twenty-five cents ($4,117.25) as set forth below. Amount of Judgment: District Justice Costs Associated with Judgment: Filing Judgment (Dauphin County Court) : Cost of Exemplified Record: $4,000.00 $83.00 $9.25 $10.00 Filing Fee in CUmberland County Prothonotary's Of c.: $15.00 Total $4,117.25 Respectfully submitted: .--' L. Rex Bic y, Esquire 121 Sou Street Harri urg, PA 17101 (71 234-0577 F (717) 234-7832 rr. M ,'-~ "j t-:: .. .L..... lIJ~ ' - j) ~:;'; (.li:', " ..... ~~ ~'-. '- ., ;'_J L... ~,i ~L r." , .. . . t1 Cc ,;tn .'.: I:.u..., r-= .-.. ~:': - ,.. ,'" .'J U C:, c) L. REX BICKLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NELLIE F. KNIGHT, Defendant NO. 96-441 CIVIL TERM CERTIFICATE OF SERVICE I, L. Rex Bickley, do hereby certify that I have this date served a true and correct copy of the within Petition for Security upon the following listed United States Mail, first Pennsylvania as follows: below by depositing the same in the clas~-pre~a~HarriSbUrg, "I .. . < ..{ t' (, . "/ . Thomas J. Williams, Esquire and W. Darren Powell, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 M~ ~ . /;1.1 ,_ . l., (II~ ff L. Rex 1ckley, Esquire 121 South Street Harrisburg, PA 17101 (717) 234-0577 FAX (717) 234-7832 , i I i I I l ~: 1.0 ~- '. (;') or"::.. 1-' .. ~_J ..~. n - w.' ',--' " " u.' '..J:_'" 8:( " ,', 1_ : - :4j"':J O~. '- 6c CO i'J) I 't:.~ U.I'- ........ E',:: nc: ','1m " :::' U.. 1-" .- l'_ '.0 ~j <.) 0\ U . L. REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NELLIE F. KNIGHT, Defendant NO. 96-441 CIVIL TERM CERTIFICATE OF SERVICE I, L. Rex Bickley, do hereby certify that I have this date served a true and correct copy of the within Answer to Defendant's Motion for Stay upon the following listed below by depositing the same in the United States Mail, fi~tage prepaid at Harriaburg. .annaylv.n'..a fOl'~ ~ Thomas J. Williams, Esquire and W. Darren Powell, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 ~6 L. Rex Bi 121 Sou Street Harrisburg, PA 17101 (717) 234-0577 FAX (717) 234-7832 j1..,-f. ,.L.-, 'i/ I~~f ~ '0 "- (" f_ ;:.~~ ~~~ - .{ ~~ ~._. :~. .. '-r.. '- ...., ~:i 0,- 8i. C::> .; ) I '::''' O:!: c.'-:: ;.~:FE ; .....~. II. '.":l ::.) c...; C.-I U . In tbt C:ourt of <<:ommon 'ltas of lIatqJ~tn atounly. t)tnnsplbania .~~~,.l.., .Inc.Kt.~'l:,.""""""""""" 121 South Street ,Hardsburg", ,PA.. ,1.7.101...."....,.. VB No.. , , , , , 9,~ .. , , ,~ , .. , , , , , , .. ,Term t 9, 9,~ 1~' - 4 ~I (Pot' 11 l'J.... J I" -\'>''--.. NELLIE KNIGHT '~'~a~~~'~gt'3~~; Rd~~ ' , '~;~'~~' , . , , , , , , ............................................ CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, tbe undenigntd Protbonotary of tbe Court of Common PIe.. of ~upun r.u.ty, Penn.ylvania, do her.hy certify that tbe following i. a full, true and coned copy of tbe docket entri... in the above CAptioned cue. It I,. 8& ....,lIl ,. .... ......, ., A Z I Dist. JURtic.p- Gpn1'"OQ . OZOR 11/20/95 .ia4I11'" for $4,000.00 "Hred ..1118/96 ., 8:58 a.m. Stephen E. FarinA Protllonlltarr I furtber certify that judgment w.. entered in favor of, . , , .. f ~,!! ~ ,I] ~~, ~ L , .. .. .. , , , , .. .. . , , .. . , , . , , , , ,~~)C. ,f,.,... !3Jcr~,~~y' , , , " , , , , , .. ,. , . ", ,. ,., . ,. ,'.' , , ., , , " '" ",'."".. , , ., ,. , , , . ,. , " , , , , , , , , and againat.,.,...""""", ,Q~.f,~!1.c!~!1.~"..,.......,.............,.......,......,..""."".. ,..Nl'!.lt;i.,e, Kn;i.,ghJ:".."", ',",..,....., ..........',., ....... ......,.. ,',......"""""",.", on tbe"", ,~~,t,h,."",.,." ,day of,., ..!!l,I')\J,!!;'Y""",',' ,AD 19" ?!',.", ,in laid cue in the amoullt of, ..$.~",QP.Q. !),Q.."".."..""....,....."...".......,.. In a::,..1monp IIfIrrtof, I bave bereunto lOt my band and alrlnd the oeaI of tbe Court, on the "," ,nnd"..""", ..dayof...-lll,n\l~,J;Y"""..", ,AD 19, ..9,~. ..,.. ~ .. ,[., .. .... ..,.... ~ .. Prothon-20 By.., ,~.,'~ta~" ~puty ... b; ~ n U).'" '1.;, "'It U -,' .;........ oe', oe: 8l.: ci:\',:' r,; ~ . ' (<: "- ~~ '~ L- ...... i~~: }3~ 0:: --J..'J -. (-.\;-;~ <...~ ~.-..~...............~ to .-'10 --........ ~ ~~J - C'~ (~ ....- c: ..J G: . ........ In rn ~ ,\;j ~ ~~~ i -1 I 1:! ~ . .. . . j . 0- .....' .....:0 0: 0: ~' . . , 0: (7\: N:O 0: 0: . ~) . At .. "- .. . ., ., . O' O' (7\'<"1 .....: 0' . ::s 0: N. :00 ....: ><: 'S lW\ 0: ........ .. ..... l.Ll' ~ 1-<' g -:t: '"": ....:l: :I:: ... :-:' t:l' . U: ..... . .. .. .. .. .. .. ...., Z: .~ c:o: .c,. ..~.: II l/I \ l.Ll: I ~ a ... .. .- l/I " 1 0 " ~ ....:l: ..... ~ ~ a :i ~ 0>< .., ....:l: l.u~ ~ ><' ....:l' . w 8 ,g B .., l.Ll: l.Ll' . ~ i- -=..;1 ~ , P<:: z: .; J: ,= 0 ... 8 .. ~ z . .!5 < 15;' . ... Q , ,~ . l 1 l, :11:I , ';I , a ~~ , .. , 0 . - :t' : G , .. ,.. ,OIl , , L. REX BICKLEY, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA . . V. I CIVIL ACTION - LAW . . NELLIE F. KNIGHT, I Defendant I NO. 96-441 CIVIL TERM ORDER OF COURT ",3 n.lday AND NOW, this " of February, 1996, upon consideration of Defendant's Motion for Stay, a RULE is hereby issued upon the Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PENDING further Order of Court, all proceedings in this county except discovery in aid of execution shall be STAYED. BY THE COURT, .~ J. L. Rex Bickley, Esq. 121 South Street Harrisburg, PA 17101 Plaintiff _ e... ~....:. ~ fY\"-~.(; ", / J.?, fq 6, ~,6', Thomas J. Williams, Esq. W. Darren Powell, Esq. Ten East High Street Carlisle, PA 17013 Attorneys for Defendant :rc V:'i//;1",:" :i'.?-i It,r<:~;'',~, ... ..:')..... O~' : 'II '..., r"" ':; r' ..... ... ........ ~.-."' ~ ' ! ~ . . , ,... ;~...., "'; = "'1:"'.' "-"J '.. ,,~ ................;...... Io......r . ~ :' ,.. ,. 0' .. I'" . , : ': . , .. ! , , L_ :... ~ ". ~ I '- -- ~.~.-::=--- ~ g,~ ~ ~ ~ ~ ~~ f'" ~ 0,< ~~ fil ~ ~ ~:2!:S i ~ ~, ~ CI t; ~ g~ ~ g .... 0.....1 S1i .... ~ 8 8 6~ ,;J: ~ .... . ~ ~ ~ iilz ~~.... III . > to. 1 ~ ~ 3~ '" "'tl ~ tiI Ul o .<( .... i ~ 2., .., ~ ~ 5 ~~ . Iil ~ S ., z ~ < ~ ~ tiI~ U ~ ~ '< ;~ ~ ~ \ ~I . I ....' ( ) .' . t , ~!'I' ,., . ,...., , \FILEI\DATAFlLII\DONBlJAL DOt'I01.t"OUM" C'hIIe401/."..0931JOAM ...... O2/2OI9601~IOAM L, REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 96-441 CIVIL NELLIE F, KNIGHT. Defendant JURY TRIAL DEMANDED ], ORDER AND NOW, this _ day of , 1996, upon careful consideration of Defendant's Motion for Stay, said Motion is hereby granted and it is ORDERED that Plaintiff is stayed from pursuing any and all collection. discovery or enforcement on the judgment entered to the above captioned action until such time that Defendant's Petition to File an Untimely Appeal From District Justice Judgment is resolved, It is FURTHER ORDERED that if said Petition to File an Untimely Appeal From District Justice Judgment is resolved in Defendant's favor and Defendant is pennitted an appeal. said stay shall continue in full force and effect until final disposition of the action, BY THE COURT. L, REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NO, 96-441 CIVIL NELLIE F, KNIGHT, Defendant JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR STAY AND NOW, comes the Defendant, Nellie F, Knight. by and through her attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and avers as follows: I, Defendant, Nellie F, Knight. is an adult individual residing at 1777 Sheepford Road, Mechanicsburg, Pennsylvania. 2, Plaintiff, L, Rex Bickley, is an attorney-at-law whose principal offices are located at 121 South Street. Harrisburg. Pennsylvania. 3, On or about September 20. 1995, Plaintiff and Defendant were involved in an automobile collision. 4, As a result of said collision, Plaintiff filed a Complaint against Defendant before the Honorable Judge George Zozos. District Magistrate. District No, 12-1-05. 538 S, 29th Street. Harrisburg. Pennsylvania, at Docket Number CV0000856-95, 5, On or about November 20, 1995 a judgment by default was entered against Defendant and in favor of Plaintiff at said District Justice docket. 6, Shortly thereafter, Defendant sent a copy of the judgment notice to her insurance agent, Mike Cataldi. at his finn Black, Davis & Shue Agency, Inc" 2019 Market Street. Harrisburg, Pennsylvania, with the understanding that said judgment would be appealed and handled by her insurance company. 7. Said agent denies ever having received said judgment notice, 8, By the time the Defendant realized that no appeal had been filed. the thirty day appeal period had elapsed, 9, Pa, Rule of Civil Procedure OJ, 1002 provides that an appeal may be taken after expiration of the 30 day appeal period. upon leave of court, ...,.,._........:_...~~" ,- 10, Thereafter, the undesigned counsel was retained on behalf of Defendant and on January 25, 1996, Defendant filed with the Coun of Common Pleas of Dauphin County, a Petition for Leave of Co un to File Untimely from District Justice Judgment Appeal {the "Petition"}, seeking leave from said Coun to file an untimely appeal from said judgment. A copy of aforesaid Petition is allached hereto and marked as Exhibit "A," II. By Order dated January 19. 1996. the Honorable Jeannine Turgeon issued a Rule against Plaintiff to show cause why Defendant's Petition should not be granted, said Rule was returnable in ten days, A copy of said Rule is allached hereto and marked as Exhibit "B," 12, On January 26, 1996, Plaintiff, despite said pending Petition, caused the judgment to be transferred and recorded in the judgment records of the Coun of Common Pleas of Cumberland County at docket No, 96-441 ("Cumberland County Judgment"), A copy of the Judgment Cenificate evidencing said transfer is allached hereto and marked as Exhibit "C," 13, By let1erdated February 1,1996. Plaintiff has indicated that he intends on executing the Cumberland County Judgment and/or having Defendant's driver's license suspended by the Pennsylvania Depanment of Trans po nation, A copy of said leller is allached hereto and marked as Exhibit "C," 14, On or about February IS, 1996. Plaintiff, despite said pending Petition, served Defendant with Interrogatories In Aid of Execution. captioned to said Cumberland County docket. 15. Plaintiff should be stayed from executing, transferring, or taking any action or effons of enforcement and discovery on the Cumberland County Judgment until after resolution of the pending Petition and/or resolution of the underlying action, 16, Defendant has a high probability of success on her Petition, 17, Defendant will suffer unnecessary hardship if Plaintiff is not stayed from enforcement and discovery activities, 18, Plaintiff will not be prejudiced by any stay, WHEREFORE. Defendant respectfully requests that this Honorable Coun grant this Motion and issue an Order staying Plaintiff from any and all collection or enforcement activities on the judgment docketed to the above caption action until such time as Defendant's Petition to File an Untimely Appeal From District Justice Judgment is resolved. and if said Petition is resolved in Date: February 20, 1996 MARTSON, DEARDORFF, WILLIAMS & OlTO BY~\'~'~ ~~ T mas J, I Iiams. Esquire I.D, No, 17512 W, Darren Powell. Esquire I.D, No, 68953 Ten East High Street Carlisle. PA 170\3-3093 (717) 243-3341 Attorneys for Defendant Nellie F, Knight Dcfendant's favor and Defendant is permitted an appeal, said stay to continue until final disposition ofthc action, __. ..__ J - , rIllLll\llAT_DOCII01-IIT,1 ~'UI.....Jt)lAlI a...t .1I1....IJI.rw (tJ17 L. REX BICKLEY, Plaintiff IN mE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO, 11~.J9~ v, NELLIE F. KNIGHT, Defendant JURY TRIAL DEMANDED DEFF.NnANT'S PETITION FOR I EA VI; OF COURT TO FIT ,E UNTIMET V APPEAL FROM DISTRICT JlJSTICE JlJDGMF.NT TO; L, REX BICKLEY, PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRlTIEN RESPONSE TO mE ENCLOSED PETITION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Nellie F. Knight, by and through her attorneys MARTSON. DEARDORFF. Wll.LIAMS & OTIO and avers as follows: 1. Plaintiff is L. Rex Bickley, Esquire, an attomey-at-Iaw whose principal offices are located at 121 South Street, Harrisburg. Pennsylvania. 2. Defendant, Nellie F. Knight, is an adult individual residing at 1777 Sheepford Road Mechanicsburg. Pennsylvania. 3, On September 20. 1995, Plaintiff and Defendant were involved in an automobile collision. 4. A3 a result of said collision, Plaintiff filed a Complaint against Defendant before the Honorable 1udge George Zozos, District Magistrate, District No. 12-1-05, 538 S, 29th Street, Harrisburg. Pennsylvania. at Docket Number CV0000856-95, 5. A hearing was held on November 20, 1996, as a result of which a judgment was entered, by default, in favor of Plaintiff. 6, Defendant sent a copy of the judgment to her insurance agent, Mike Cataldi. at his finn Black, Davis & Shue Agency, Inc" 2019 Market Street, Harrisburg, Pennsylvania; however, said agent denies ever having received same, 7, By the time Plaintiff realized that an appeal had not been filed. more than thirty days had elapsed, 8, Pa, R,C,P,D.1, No, 1002 requires leave of Court before an appeal from a District 1ustice's judgment can be filed beyond the thiny day appeal period, EXHIBIT "A" II :"'-- ........--- WHEREFORE. Defendant prays your Honorable Coun for leave to file an untimely appeal and order and direct the Prothonotary ofDauphin County to accept such appeal. MARTSON. DEARDOlU'F. wn.LIAMS & OTIO () .~, ~V~ BY~~ Thomas 1. Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243.3341 Attorneys for Defendant Nellie F. Knight Date: 1anuary 16, 1996 l VERIFICATION I, Tbomu 1. Wtlliams, Esquire, counsel for Defendant Nellio F. KnIght, depose uul say, subject to tho penalties of 18 PI. C,S.A. Section 4904, that tho facts set fonh in tho foregoing pleading BIll true and correct to the best of my knowledge; that my client is presen1ly unavai1able; that I am authorized to execute this Veritication on her behalf; and that I will supplement this Veritication In the near future with ono executed by my client. () r:\ -- (In '. 1k...w.a.L-~~ ~V~~~ Tbomu 1. W.;u'ams, Esquire Date: 1anuary 16, 1996 \ . ~-""'''''.. r~RTlFJCA'm OF !l;~RVTrl! I hereby ccnift that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, P A, first clus mail, postage prepaid. addressed u foUows: L. Rex Bicldey, Esquire 121 South Street Harrisburg, P A 171 0 1 MARTSON. DEARDORFF, wn.LlAMS 8r. OTIO ~Mal-+ ~V dt-~~W\-- Thomu J. Williams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Nellie F. Knight, Esquire Dated; January 16, 1996 ... ....... I!XHIRIT A . L, REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION . LAW v, NELLIE F, KNIGHT. Defendant NO, 177 S 1996 RULE TO SHOW CAUSE AND NOW, this -1.!1- day of January, 1996, a rule is hereby issued upon Plaintiff to show cause why Defendant's Petition for Leave of Court to File Untimely Appeal from District Justice Judgment should not be granted. RULE RETURNABLE !() DAYS FROM SERVICE, 9'~" ~L~ .- I, J, I'Q519~ I hereby carlify that the foregoin~ is a ~:.~~.and correct CC]Pf the original ,'I, W . "'ffl -,-";':,., C- , ()k.vUJ.,) ,;;fCtiidnotary EXHTRTT "R" -,..,,!,. .....~.., iJubgmtnt (tttrtifiratt '* 5ommoq Ple~s of Cumberland County, Carlisle, Penn J\ ~ f dl-c. ~ ( L../ ,_'~.A-1 J - ~4-/ ()hJ~ t9_ ~ Itk It..\.. 19$,. Judamenl entered ror OOrJ. bV Daled hl)"'1~ Time II !~ I .f. - Payable Tax an~ enlry paid by ~ I s .tJ'V RETURN THIS PAPER WHEN THE JUDGMENT IS SATISFIED, .,',. . F.XHIBTT "C" CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Defendant's Motion for Stay was served this date by depositing same in the Post Office at Carlisle, P A. first class mail, postage prepaid, addressed as follows: L, Rex Bickley. Esquire 121 South Street Harrisburg, P A 1710 I MARTSON. DEARDORFF, WILLIAMS & OTIO By (.11' Qr_ Q- 1\ Thomas J. llIiams. Esquire I.D, No, 17512 W, Darren Powell, Esquire I.D, No, 68953 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Nellie F, Knight, Esquire Dated; February 20, 1996 1...4. . , ;~'" , - L. REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. I I I I I I I NO. 96-441 CIVIL TERM NELLIE F. KNIGHT, Defendant ORDER OF COURT AND NOW, this ~o1tday of March, 1996, upon consideration (1) of Defendant's Motion for Stay and Plaintiff's Answer to Defendant's Motion for Stay and (2) of Plaintiff's Petition for Security, an argument/hearing is SCHEDULED for Thursday, April 25, Cumberland County 1996, at 3:00 p.m., in Courtroom No.5, Courthouse, Carlisle, Pennsylvania. THE COURT is interested, inter alia, in what authority Plaintiff is relying upon for the proposition that the court of Common pleas of Cumberland County lacks jurisdiction to temporarily stay execution on a judgment filed in this county. BY THE COURT, L. Rex Bickley, Esq. 121 South Street Harrisburg, PA 17101 Plaintiff ('.~.:.:...,,~.t 3/;l.O/9b, A,'f. Thomas J. Williams, Esq. W. Darren Powell, Esq. Ten East High Street Carlisle, PA 17013 Attorneys for Defendant ~ :rc roo: ,.,' r7r:.rJ':~'-'~ .,.. " l, '. \-7-~ ... ... '! ' r ....d I, ~ 'J " , Ct..'. I I,'" I' ~~.l '.... .; . l ", ... '1" :.. Ii! ,U ...... ~ " , ~ , LAW OI'I'ICII .' REX BICKLEY, Plaintiff IN THE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NELLIE F. KNIGHT, Defendant NO. 96-441 CIVIL TERM ORDER AND NOW, this day of , 1996, upon careful consideration of Plaintiff's Motion for Security, the Defendant is hereby required to provide security in the amount of Four Thousand, One Hundred Seventeen Dollars and twenty-five cents ($4,117.25) in a manner acceptable to this Court. BY THE COURT: J. L. RBX BICKLBY, Plaintiff IN THB COURT OP COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW vs. NBLLIB P. KNIGHT, Defendant NO. 96-441 CIVIL TBRM PETITION FOR SECURITY AND NOW, comes L. Rex Bickley, Plaintiff, and avers as follows: 1. Plaintiff hereby incorporates Paragraphs 1 through of his Answer and New Matter as if fully set forth herein. 2. Sometime on or about February 26, 1996, Plaintiff received an undated Order of Court signed by this Court issuing a Rule upon the Plaintiff to show cause why the relief requested should not be granted in response to Defense Motion for Stay filed in this matter some time therebefore, a copy of said Petition is attached hereto, incorporated herein and marked Exhibit "A". 3. The Order further state all execution activities with the exception of discovery pending further Order of this Court. 4. , 1996, Plaintiff answered Defend- On ant's Motion for Stay, a copy of which Answer is attached hereto, incorporated herein, and marked Exhibit "B". 5 . Plaintiff reiterates the averment contained in his Answer stating that there is no probability of success with respect to Defendant's initial Petition to File an Untimely Appeal. 6. Plaintiff further avers that this Court does not have . jurisdiction nor authority to enter the Stay that is contained in it's Order of Court, a copy of which is attached hereto, incorporated herein and marked Exhibit "C". 7. In the alternative, should this Court have jurisdiction or authority to enter a Stay or limited Stay as it has, the matter should be treated in the same fashion as an appeal of a real estate judgment pursuant to District Justice Civil Procedural Rule 1008 providing for security. WHEREFORE, Plaintiff hereby requests that this Court's limited Stay be dismissed or, in the alternative, request that this Court require Defendant to provide security in the amount of Four Thousand, One Hundred Seventeen Dollars and twenty-five cents ($4,117.25) as set forth below: Amount of Judgment: Costs Associated with Judgment: Filing Judgment (Dauphin County Court) : Exemplified Record: Filing Fee (CUmberland County Court) : $4,000.00 $83.00 $9.25 $10.00 $15.00 $4,117.25 Total Respectfully submitted: L. Rex Bi 121 Sout Street Harrisburg, PA 17101 (717) 234-0577 FAX (717) 234-7832 L, REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-441 CIVIL v, NELLIE F, KNIGHT, Defendant JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR STAY AND NOW. comes the Defendant. Nellie F, Knight. by and through her attorneys, MARTS ON, DEARDORFF, WILLIAMS & OTIO, and avers as follows: I. Defendant, Nellie F. Knight, is an adult individual residing at 1777 Sheepford Road, Mechanicsburg. Pennsylvania. 2, Plaintiff, L, Rex Bickley, is an attorney-at-law whose principal offices arc located at 121 South Street. Harrisburg, Pennsylvania, 3, On or about September 20. 1995, Plaintiff and Defendant were involved in an automobile collision, 4, As a result of said collision, PlaintilTfiled a Complaint against Defendant before the Honorable Judge George Zozos, District Magistrate, District No. 12-1-05, 538 S, 29th Street, Harrisburg. Pennsylvania. at Docket Number CV0000856-95. 5, On or about November 20, 1995 a judgment by default was entered against Defendant and in favor of Plaintiff at said District Justice docket. 6, Shortly thereafter, Defendant sent a copy of the judgment notice to her insurance agent, Mike Cataldi, at his firm Black. Davis & Shue Agency, Inc" 2019 Market Street, Harrisburg, Pennsylvania. with the understanding that said judgment would be appealed and handled by her insurance company, 7, Said agent denies ever having received said judgment notice, 8, By tho time the Defendant realized that no appeal had been filed, the thirty day appeal period had elapsed, 9, I'a, Rule of Civil Procedure DJ, 1002 provides that an appeal may be taken after expiration of the 30 day appeal period, up'on leave of court, EXHIBIT "A" \ . 10, Thereafter, the undesigned counsel was retained on behalf of Defendant and on January 25, 1996. Defendant filed with the Court of Common Pleas of Dauphin County, a Petition for Leave of Court to File Untimely from District Justice Judgment Appeal (the "Petition"), seeking leave from said Court to file an untimely appeal from said judgment. A copy of aforesaid Petition is attached hereto and marked as Exhibit" A," 11. By Order dated January 19, 1996, the Honorable Jeannine Turgeon issued a Rule against Plaintiff to show cause why Defendant's Petition should not be granted, said Rule was returnable in ten days, A copy of said Rule is attached hereto and marked as Exhibit "B." 12, On January 26, 1996. Plaintiff. despite said pending Petition, caused the judgment to be transferred and recorded in the judgment records of the Court of Common Pleas of Cumberland County at docket No, 96-441 C'Cumberland County Judgment"), A copy of the Judgment Certificate evidencing said transfer is attached hereto and marked as Exhibit "C." 13, By letter dated February I, 1996, Plaintiff has indicated that he intends on executing the Cumberland County Judgment and/or having Defendant's driver's license suspended by the Pennsylvania Department of Transportation, A copy of said letter is attached hereto and marked as Exhibit "C," 14, On or about February 15, 1996, Plaintiff. despite said pending Petition, served Defendant with Interrogatories In Aid of Execution, captioned to said Cumberland County docket. 15, Plaintiff should be stayed from executing. transferring, or taking any action or efforts of enforcement and discovery on the Cumberland County Judgment until after resolution of the pending Petition and/or resolution of the underlying action, 16. Defendant has a high probability of success on her Petition, 17, Defendant will suffer unnecessary hardship if Plaintiff is not stayed from enforcement and discovery activities, 18, Plaintiff will not be prejudiced by any stay, WHEREFORE, Defendant respectfully requests that this Honorable Court grant this Motion and issue an Order staying Plaintiff from any and all collection or enforcement activities on the judgment docketed to the above caption action until such time as Defendant's Petition to File an Untimely Appeal From District Justice Judgment is resolved, and if said Petition is resolved in . . L. REX BICKLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NELLIE F. KNIGHT, Defendant NO. 96-441 CIVIL TERM ANSWER TO DEFENDANT'S MOTION FOR STAY 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Admitted. ,6. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, therefore, strict proof thereof is required at trial. 7. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, therefore, strict proof thereof is required at trial. 8. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, therefore, strict proof thereof is required at trial. 9. The averment in Paragraph 8 contains a legal conclusion EXHIBIT liB" ~."''''.,..,;' ,~;<< . requiring no responsive pleading. By way of further answer, however, good cause must be shown as well. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. The averment in Paragraph 8 contains little more than a prayer for relief and, consequently, no responsive pleading is necessary. 16 . Denied. Any review of Appellate Court cases couched within the context of this factual scenario would indicate that there is no probability of success in this instance. 17. Denied. The only hardship suffered by the Defendant in this instance is the same hardship suffered by any Defendant against whom judgment has been entered. 18. Denied. Plaintiff shall suffer prejudice, the extent to which satisfaction of the above captioned judgment shall' be deferred and he shall be forced to engage in further litigation in the face of a frivolous appeal. NEW MATTER 19. The Rules of Civil Procedure do not provide this Court ~~ ft . with jurisdiction or authority to issue a Stay. 20. The instant matter does not present a factual situation which would permit this Court to enter a Stay. WHEREFORE, Plaintiff respectfully requests that Defendantis Motion for Stay be dismissed or, in the alternative, Defendant be required by This Honorable Court to provide security with the Court in the amount of Four Thousand, One Hundred Seventeen Dollars and twenty-five cents ($4,117.25) as set forth below. Amount of Judgment: $4,000.00 District Justice Costs Associated with Judgment: $83.00 Filing Judgment (Dauphin County Court) : $9.25 Cost of Exemplified Record: $10.00 Filing Fee in CUmberland County Prothonotary's Of c.: $15.00 Total $4,117.25 Respectfully submitted: . L. REX BICKLEY, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I I I v. . . . . NELLIE F. KNIGU'l', Defendant . . NO. 96-441 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 1996, upon consideration of Defendant's Motion for Stay, a RULE is hereby issued upon the Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PENDING further Order of Court, all proceedings in this county except discovery in aid of execution shall be STAYED. BY THE COURT, .~ ~ Rex. 810k1ey, Ex.. 121 South Street lIarrisburg, PA 17101 Plaintiff J. Thomas J. Williams, Esq. W. Darren Powell, Esq. Ten East High Street Carlisle, PA 17013 Attorneys for Defendant :rc EXHIBIT "C" 1, ~ 'I .1 ',1 I I i':: ..:r '- , ('.I : ~~.= .. i.f (l - Vk ' .., ..,. e:L: ~'- '-):~ ~ .-. '- ;:2 C)t. ( .1", co .:,) It ~ : I ; "y , ; ; ft!: 1 r-: : ~j ..:.: '-, "- L.:,_ , tJ"'\ .') U rJ) J , .. :~':" -. .... i , .. '-' , I (~ '.-::, I , ! ~. '.) I .. . . , r " , '~i ( . !.r~ r L_ ~ t' " .... . " .. .. .. .. '. C_. , 'J , -- I . ~, ; I '.. f) ~~ Z ~ H ~~ ~ ~ ~ ~ S :tgfiJ i z... ... ~~ ~ ~d ~ ~~ n. ~::3 ~ ~ ~I~ ~n.51 g H ~ ~ ~ ~~ -.... ~ ~ 15~~ ~8:,6g H ~r~~ lXl . . i!!l~ ~ ~ 8 5lz ~ > r.. 10~~~ o .1,< r.l ~~~~ H ~~!!I ~ ~~i5:':i ~ . ~ ~ g~1 "'~...(/) u ~H .. - tilcl U ~<~ ~ :x:~ In.~ ~ < ;B ~ . . .". . I . , , f 11'ILtINIATAt'ILI!\lXlNtillAL IK.....IO't.ANS ZlIdw c,nW Olll\1oOlUlJOAM knued O~OQOO"'A'" ~' L, REX BICKLEY. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-441 CIVIL v, NELLIE F, KNIGHT, Defendant JURY TRIAL DEMANDED ANSWER TO NEW MATTER CONTAINED IN PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR STAY AND NOW. comes the Defendant. Nellie F, Knight, by and through her attorneys, MARTSON. DEARDORFF. WILLIAMS & OTTO, and hereby avers to PlaintilT's New Matter as follows: 19-20, Denied, WHEREFORE. Defendant Nellie F, Knight respectfully requests that this Honorable Court grant Defendant's Motion for Stay and issue an Order staying Plaintiff from any and all collection or enforcement activities on the judgment docketed to the above captioned action until such time as Defendant's Petition to File an Untimely Appeal from District Justice Judgment is resolved, and if said Petition is resolved in Defendant's favor and Defendant is permitted an appeal, said stay to continue until final disposition of said action, MARTSON. DEARDORFF. WILLIAMS & OTTO By \... ~, \ ') "'.____ \! -- \ \ Thomas J. Williams, Esquire 1.0, No, 17512 W, Darren Powell. Esquire I.D, No, 68953 Ten East High Street Carlisle. PA 17013-3093 (717) 243.3341 Date: March 21. 1996 Attorneys for Defendant Nellie F, Knight . . . .~, CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Answer to New Matter Contained in Plaintitl's Answer to Defendant's Motion for Stay was served this date by depositing same in the Post Office at Carlisle, P A. first class mail, postage prepaid. addressed as follows: L, Rex Bickley. Esquire 121 South Street Harrisburg. PA 17101 MARTSON, DEARDORFF, WILLIAMS & OTTO By W, ").~ (J v- \ \ Thomas J, ~i.ams, EsqUire 1.0, No, 17512 W, Darren Powell. Esquire 1.0, No, 68953 Ten East High Street Carlisle. PA 17013 (717) 243-3341 Attorneys for Defendant Nellie F. Knight, Esquire Dated: March 21, 1996 - C.:' I , , ,~'~J ~ , : , r i' ,> L.~ } j ( "1- l,' ( , ;; r , ~:j . . , . " .--~ , , ) 0 ,----- . ------- 0<( 5 ~ .... .... ~ ~ ::l ~ E-t 0 .... J Ii!~ ..., ~ >< :;: ftl Ul""o<( ~ ~ ~~~ ~ I.'l ~~ .... f::.... ~ "'...., ~ u ~~ - .... ts .... l~ g ~~ ~~.... al . . > '" ~ Uj ~~ ~ c.:I ~~ 11 ~ ~~ .... ~ ~~~ ..., ..., ~~E . tl g ..., z J < ~ ~ ~ u I ~ < ~ ~ .. . .-. , . "".~'M ......~~~.." ~.:- 1....0 _:Ul';':.""~'" :.:i-'~7' ,-.-:' - I....-;..~.~~ __.."' '" ~, .~l' '. T ", ~,,' . I ." . I .., I' . _",.., r:I~ .... l' '.,i,:' j ."1 ....., *, .' :,: ,. ." '.:.:.~" I',~,... t., I;:. .~.~>_. ,.'\ ~ ....: . ~:::-=___ . . .,.-/.....-~__ /__._A___......." -~.. . ". . f- \JII.U IIATAf'II.r".lNhJAL (. ......IO'.ANS lid-. l'rnWd olll",O'I\I)OA'-1 .~ O\'l~O'IO"lAM L, REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, 96-441 CIVIL NELLIE F, KNIGHT, Defendant JURY TRIAL DEMANDED ANSWER TO PLAINTIFF'S PETITION FOR SECIIRITY AND NOW. comes the Defendant. Nellie F, Knight, by and through her attorneys, MARTSON. DEARDORFF. WILLIAMS & OTTO. and hereby avers to Plaintiffs Petition for Security as follows: I, Defendant hereby incorporates Paragraphs I through 18 of her Motion for Stay and Paragraphs 19-20 of her Answer to New Maller Contained in Plaintiff s Answer to aforesaid Motion, as if fully set forth herein, 2, Admitted in part. denied in part, It is admitted that this Court issued the Rule attached to Plaintiffs Petition as Exhibit C. However. after reasonable investigation. answering Defendant is without knowledge or information sufficient to form a belief as to the truth of when Plaintiff received said Order, and the same is therefore denied. and strict proof thereof is requested, 3, Denied as stated, Said Order speaks for itself, 4, It is admitted that Plaintiffs Answer was filed on March 8.1996. and a copy of said Answer is attached to the Petition for Security as Exhibit B. 5-7, Denied, WHEREFORE, Defendant requests that this Honorable Court deny Plaintiffs Petition for Security, Date: March 21. 1996 Respectfully submitted. MARTSON, DEARDORFF,fItLlAMS & OTTO By W'\J~~/--ll Thomas 1. Williams, Esquire 1.0, No, 17512 W, Darren Powell. Esquire I.D, No. 68953 Ten East High Street Carlisle. P A 17013-3093 (717) 243-3341 Attorneys for Defendant Nellie F, Knight I l " . .. ' CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Answer to Plaintilrs Petition for Security was served this date by depositing same in the Post Office at Carlisle. PA. first class mail, postage prepaid. addressed as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, P A 17 JO I MARTSON. DEARDORFF. WILLIAMS & OTTO By (,', I ') ~ r ~, \ t Thomas 1. Williams, Esquire I.D, No, 17512 W. Darren Powell. Esquire I.D, No, 68953 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Nellie F, Knight, Esquire Dated: March 21, 1996 . ( L. REX BICKLEY, I IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . I V. . CIVIL ACTION - LAW . I NELLIE F. KNIGHT, I Defendant NO. 96-441 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of April, 1996, upon consideration of the attached letter from Defendant's counsel, Thomas J. Williams, Esq., the hearing on Defendant's Motion for Stay scheduled for Thursday, April 25, 1996, at 3100 p.m., is CANCELLED. BY THE COURT, L. Rex Bickley, Esq. 121 South Street Harrisburg, PA 17101 Plaintiff _ ~~~~J. +18/%' .g. ,-q . Thomas J. Williams, Esq. W. Darren Powell, Esq. Ten East High Street Carlisle, PA 17013 Attorneys for Defendant ..-, Irc ~. ~.I' " Ie' \: . .' (;' ) , r:." " ~:_. " .,;"';. , "I -. , . , . <, ,. ..-....... ~ ... .- L/1k~Ulv. 9Jea~#. YIf&'<unJ & t!uo- ^ "ItO' lUIOHAl cOIlPOkAnON WILLIAM F, MART>O'" PA.....', K, DEARDORff 1ll0MA> I, WILLIAM' lvo V. OTTO. m STEPHE'" L, BLOOM CEORCE S, FALLER, lR, WlWAM D, PowEl.L 1ll0MA> C, COLLIN' AlTORNEYS ^"'D COUN5ELLOIU ^T ~W TEN E^,T HIGIl STREET ~IUISLE. PENNSYLV^NI^ 17013 nUI'HONE 17171243-3341 FAC.IIMIU 17171 243-la5O April 3. 1996 The Honorable J, Wesley Oler. Jr, Cumberland County Counhouse Hanover and High Streets Carlisle. PA 17013 RE: L, Rex Bickley v, Nellie F, Knight No, 177-S-96 - Dauphin County C,C,P, No, 96-441- Cumberland County C,C, p, Our File No, 3050, 107 Dear Judge Oler: Dauphin County Coun has now resolved the issue which was the basis for Defendant's request to stay enforcement of this judgment; consequently, this need for a stay has become moot and we have filed a Praecipe to withdraw our Motion, As a result. the hearing scheduled for Thursday. April 25. 1996 is unnecessary, Thank you for your attention to this matter, Very truly yours. /(J ""\!, , fr,,'omas J, Williiim~ l/ I ,IiI] .' ,'._ ..:....'('..,~/N"--. TJW/tdw Enclosure cc: L, Rex Bickley. Esquire (II/ene.) r 'nl.f'SnATAFU.F.'JlllNEI.1AL L11tII01.Sf] ~PR 0 ~ '996 ~.: ~J ;~ I - ... t!,l I .~ ; (" " , " c . L..- r -~1 1('1 :.J (-- '.' .. ~. ~ , .~ , " ,: , "" ., ':~) . ""1 " i',.. "I 1_ ~ IG "'< ~ ~ S O~ d ~i!i ~> ~~~~ fil ~ l:l ~~ ag ~ ~ i"'t15 q !C~ ~~!~ iii . . ~ lm~~le :- '" ~ w .... '" ~~~~I "'...:I ...:I ~~~5 . ~ ...:I ~ < ~ J < :! ~ . -, .!'--}" , r; F IflLEI'D^T~F1UNXJNEllALlJUC'Il01.'lA I...... (..... 01/1\191")1)0 AM anllell W1W9IOIMJtPfd L, REX BICKLEY. Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 96-441 CIVIL NELLIE F. KNIGHT. Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark Defendant's Motion for a Stay withdrawn, MARTSON, DEARDORFF, WILLIAMS & OTTO Date: April 4, 1996 By 'i/..r...tU ) (A.,.~~ - ""\ Thomas J. Williams, Esquire I.D. No, 17512 Ten East High Street Carlisle. PA 17013-3093 (717) 243-3341 Attorneys for Defendant Nellie F, Knight .' .~ -.A I CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A. first class mail, postage prepaid, addressed as follows: The Honorable 1. Wesley Oler, Jr, Cumberland County Courthouse Hanover and High Streets Carlisle, P.\ 17013 L, ReK Bickley, Esquire 121 South Street Harrisburg, P A 1710 I MARTSON. DEARDORFF, WILLIAMS & OTTO By -;~.. )uJt~ Thomas J, Williams, Esquire I.D, No, 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: APri{f:1996 Attorneys for Defendant Nellie F, Knight, Esquire :~,:'." ,.'.~ ...M";>;' ~... L. REX BICKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NELLIE F. KNIGHT, Defendant NO. 96-441 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Kindly satisfy the above captioned judgment. Date: ~ /, J J f I , , L. Rex ickley, Esquire 121 S, uth Street Harrisburg, PA 17101 (717) 234-0577 FAX (717) 234-7832 ....., f~ .~ ;: c.. IIf\> (.:i :- t..r. t.- . 9,~ (j. '"",. -' ~ , :.~ ..") " !:'ij c:: L" ~ , ' p~ I r '. .~ " (J ~,"-. . ~) ,:"'J ~f.