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HomeMy WebLinkAbout02-3018 EquityCUMULUS BROADCASTING, iNC., TRADING AND DOING BUSINESS AS WNNK-FM 104, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vo CIVIL ACTION - EQUITY BRUCE BOND, MATTHEW RABACK, a/k/a "STRETCH" and CITADEL COMMUNICATIONS CORPORATION, t/d/b/a CITADEL BROADCASTING COMPANY, t/a WRKZ-FM, 102.3 FM, Defendants NO. 02-3018 EQUITY TERM IN RE: DEFENDANTS' MOTION FOR SUPPLEMENTATION OF THE RECORD ON APPEAL BEFORE OLER, J. OPINION and ORDER OF COURT In this equity action, in which Defendants Bruce Bond and Citadel Communications Corporation have appealed a preliminary injunction issued by this court based upon a covenant not to compete, Defendants have filed a motion requesting that the court "correct" the record by incorporating into it various briefs submitted by the parties. ~ The motion suggests that the Cumberland County Prothonotary erred in refusing to accept the briefs for filing, because this court had entered an order following a hearing which provided as follows: The stenographer is directed to transcribe and file the notes of testimony from today's proceeding, and within ten days thereafter, counsel shall submit additional briefs or memoranda to the Court respecting the issues which they perceive to exist in this case. ~ Defendants' Motion for Supplementation of the Record on Appeal, filed January 13, 2003. :Id. para. 3. Although the court certainly considered the briefs submitted by the parties, it used the word "submit" rather than "file" in connection with the briefs in the order. Briefs are not part of the record, and the prothonotary correctly refused to docket the briefs and include them in the record. See, e.g., Erie Indemnity Co. v. Coal Operators Casualty Co., 441 Pa. 261, 265, 272 A.2d 465, 466-67 (1971); Federal Land Bank of Baltimore v. Sustrik, 367 Pa. Super. 582, 593-94, 533 A.2d 169, 175 (1987); see also Sanders v. W.C.A.B., 756 A.2d 129, 133-34 (Pa. Commw. Ct. 2000). This well-established rule is a practical one. A contrary doctrine would expand the dockets and official files of the common pleas courts to a large, and in some cases unmanageable, degree, and would suffuse the record with factual contentions advanced in argument but not otherwise supported. Accordingly, the following order will be entered: ORDER OF COURT AND NOW, this 14th day of January, 2003, upon consideration of Defendants' Motion for Supplementation of the Record on Appeal, and for the reasons stated in the accompanying opinion, the motion is denied. BY THE COURT, Anthony J. Nestico, Esq. Richard B. Druby, Esq. 840 East Chocolate Avenue Hershey, PA 17033 Attorneys for Plaintiff Bridget E. Montgomery, Esq. Adam M. Shienvold, Esq. 213 Market Street, 8th Floor P.O. Box 1248 Harrisburg, PA 17108-1248 Attorneys for Defendants s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. 2 Curt Long, Cumberland County Prothonotary 3 4 6 CUMULUS BROADCASTING, iNC., TRADING AND DOING BUSINESS AS WNNK-FM 104, Plaintiff Vo BRUCE BOND, MATTHEW RABACK, a/k/a "STRETCH" and CITADEL COMMUNICATIONS CORPORATION, t/d/b/a CITADEL, BROADCASTING COMPANY, t/a WRKZ-FM, 102.3 FM, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 02-3018 EQUITY TERM IN RE: DEFENDANTS' MOTION FOR SUPPLEMENTATION OF THE RECORD ON APPEAL BEFORE OLER, J. ORDER OF COURT AND NOW, this 14th day of January, 2003, upon consideration of Defendants' Motion for Supplementation of the Record on Appeal, and for the reasons stated in the accompanying opinion, the motion is denied. BY THE COURT, J. Wesley Oler, Jr., J. Anthony J. Nestico, Esq. Richard B. Druby, Esq. 840 East Chocolate Avenue Hershey, PA 17033 Attorneys for Plaintiff 8 Bridget E. Montgomery, Esq. Adam M. Shienvold, Esq. 213 Market Street, 8th Floor P.O. Box 1248 Harrisburg, PA 17108-1248 Attorneys for Defendants Curt Long, Cumberland County Prothonotary