HomeMy WebLinkAbout2005-5656 Civil
DUANE M. DONISON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION—LAW
:
HCR MANOR CARE, :
Defendant : NO. 05-5656 CIVIL TERM
IN RE: OPINION PURSUANT TO PA. R.A.C.P. 1925
OLER, J., February 9, 2009.
In this civil case in which an insured sued a nursing home for allegedly
advising him incorrectly in 2001 that his insurance would not cover his spouse’s
1
expenses at the facility, the plaintiff has filed an untimely pro se appeal to the
Pennsylvania Superior Court from an en banc order of this court granting the
defendant’s motion for summary judgment on the basis of the statute of
limitations.
The rationale for the court’s ruling on the summary judgment motion is
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contained in an opinion which accompanied the order. Accordingly, the
prothonotary is directed to transmit the record to the Pennsylvania Superior Court
for purposes of its review of the appeal.
BY THE COURT,
_________________
J. Wesley Oler, Jr., J.
1
The order dismissing Plaintiff’s complaint on the basis of the statute of limitations was issued
and entered on November 6, 2008. The court declined to reconsider this order in response to a
motion which was filed by plaintiff without the participation of his counsel of record. See Motion
To Overturn Court Decision before Oler and Ebert, JJ., filed November 28, 2008. In this regard,
the pro se motion was incompatible with Cumberland County Rule of Procedure 208.3(a)(8)
(proscription on hybrid representation) and, on the merits, a mere expression of discontent with
the court’s legal analysis of the record.
The appeal period from the court’s order of November 6, 2008, thus expired on December 8,
2008. See Pa. R.A.P. 108 (date of entry of orders), 903(a) (time for appeal); Act of December 6,
1972, P.L. 1339, §3, 1 Pa. C.S. §1908 (computation of time); City of Philadelphia v. Frempong,
865 Pa. Commw. 614, 618 (2005) (“the mere filing of an application for reconsideration has no
effect on the running of the appeal period”) (citation omitted). Defendant’s notice of appeal was
not filed until January 21, 2009.
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See Opinion and Order of Court, November 6, 2008.
Duane M. Donison
2 Marcella Way
Carlisle, PA 17015-9485
Plaintiff, pro se
Bryan Craig Black
Chartwell Law Offices, LLP
Suite 100
1017 Mumma Road
Wormleysburg, PA 17042
Attorney for Defendant