No. 1981 Philadelphia 1981, Appeal from the Order of the Court of Common Pleas, Trial Division - Civil Section, Philadelphia County, No. 3410 June Term, 1977.
Irv Ackelsberg, Philadelphia, for appellant.
William Lee Akers, Philadelphia, for appellee.
Wickersham, Cirillo and Lipez, JJ.
[ 321 Pa. Super. Page 33]
This is an appeal from an order denying appellant's "Petition to Vacate Void Judgment." We reverse, strike the judgment, and remand for further proceedings.
The litigation underlying the judgment involved a dispute over division of property in the wake of the annulment of the marriage between appellant Joyce Seymour and appellee Walter Jones. Jones brought this trespass action, alleging that Seymour had absconded with property to which he
[ 321 Pa. Super. Page 34]
was entitled. The matter went to compulsory arbitration, resulting in a $2,008 award for Jones. Seymour filed an appeal for trial de novo in common pleas court, filing at the same time a certificate of readiness for trial. On July 12, 1979 Seymour withdrew the certificate of readiness. The docket entries from this point to the entry of judgment read as follows.
JUL 12 1979 By order of atty for deft. Seymour the Certificate of Readiness filed along with deft appeal from arbitration is hereby withdrawn -- filed.
Jul 30, 79 Deposition notice filed.
Sep 28, 79 Rule on Walter Seymour Jones & Brenda Jones to Show Cause why they should not be compelled to appear and depositions scheduled by def Joyce ...