And we have now gone into full absence of jurisdiction by leaps and bounds
Menges may have held on to a tiny fragment of hope he could claim judicial immunity but that is now lost.
He played legal necromancy and brought back a dead order. The order that is being requested to modify, is void. It was vacated.
Not only that Lord Farquaad…I mean Hexter 😂 was never given any rights to modify.
So a modification isn’t even the right pathway here.
In the Motions Court hearing for Sara’s preliminary objections (which he didn’t even address….. Tsk tsk Mango…. straight from the Pennsylvania Rules of Civil Procedure:
Pa.R.C.P. 1028(c)(1): “The court shall determine promptly all preliminary objections. If an issue of fact is raised, the court shall take evidence by depositions or otherwise.”)
So Tweedle Dee (Menges) and Tweedle Dumb(Harshberger) both said the most important issue in the PO is venue.
Not that the underlying order was vacated, not that the petitioner is a currently incarcerated tier 3 child sex offender with no standing. Not Kayden’s law. Not the fact the petition itself said it’s purpose is to create conflict, and skirt around the appellate ruling…. Nope it’s venue.
Then they told Sara she needs to file in Lancaster to change venue. Like she’s not smart enough to see they are setting a trap. She told them she will be following proper procedure.
So when Harshberger asked if he should file, Menges responded with “I can’t give you legal advice, but I would”. K bud. That’s legal advice, that you gave to an attorney, in open court. 🙃. Definitely no conspiracy, right?
Well they said they have to have a joint meeting with Lancaster to see if Lancaster will accept, and if Lancaster does not accept, they will just keep it.
That is not how that works. Pennsylvania law is clear: if venue is improper, the court of origin must transfer and has no discretion to keep the case. See Pa.R.C.P. 1006(e); Zappala v. Brandolini, 909 A.2d at 1281; Purcell v. Bryn Mawr Hosp., 579 A.2d at 1284.
Well Tweedle Dumb can’t follow instructions. Even the ones meant to help him. He filed in York, and even assigned a Lancaster Judge despite the fact Lancaster is supposed to do that. Sara even asked “what judge are you trying to put me with” because she knew the game. Tweedle Dee said Lancaster decides. Yet Harshberger asked for a specific one. Nothing shady here.
Well what this did was prove that York is the improper venue, and that it must be dismissed
Both parties now agree it was filed in the wrong county. But it is expected that Menges will continue to do the wrong thing.