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HomeMy WebLinkAbout04-5141GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. 608 Fifth Avenue, Suite 510 New York, NY 10020 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. KEITH EISENSTEIN 4401 Carlisle Pike Camp Hill, PA 17011 DOCKET NO. ©?/- DIY/ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 (Toll Free in PA) 717-249-3166 GREEN & SIMON By: Meyer Simon, Esquire Attorney for Plaintiff I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. COURT OF COMMON PLEAS OF 608 Fifth Avenue, Suite 510 CUMBERLAND COUNTY, PA New York, NY 10020 CIVIL ACTION - LAW vs. DOCKET NO. 0 y- y l S t KEITH EISENSTEIN 4401 Carlisle Pike Camp Hill, PA 17011 COMPLAINT 1. MCM Diamond Co., Inc., hereinafter referred to as Plaintiff, is a New York corporation with its principal place of business located at 608 Fifth Avenue, Suite 510, New York, NY 10020. 2. Keith Eisenstein, hereinafter referred to as Defendant, is an individual residing at 4401 Carlisle Pike, Camp Hill, PA 17011. 4. Defendant Keith Eisenstein is indebted to the Plaintiff in the sum of $10,912.50 for goods sold, delivered and accepted from September 11, 2003 through February 19, 2004, as is more fully set forth in Plaintiff's invoices attached hereto, made part hereof and marked Exhibit "A". 5. Although Plaintiff has made demand upon the Defendant to pay the sum of Ten Thousand Nine Hundred Twelve Dollars and Fifty Cents ($10,912.50) plus GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 Attorney for Plaintiff MCM DIAMOND CO., INC. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. : CIVIL ACTION - LAW KEITH EISENSTEIN : Docket No. 04-5141 PRAECIPE TO MARK THE PLAINTIFF'S MOTION FOR SANCTIONS WITHDRAWN TO THE PROTHONOTARY: Kindly mark the Plaintiffs Motion for Sanctions "Withdrawn". By dmg(z29):8649Praedpe ?- N° O C ?- cr+ n`i? ?ryT t. ca cri interest in the amount of $381.92, the Defendant has failed and refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of Ten Thousand Nine Hundred Twelve Dollars and Fifty Cents ($10,912.50) plus from February 19, 2004, together with costs. ' t GREE4 & S;M; N I By: dmg(z27):8649Complaint Meyer Simon, E??, uire Attorney for Plaintiff l VERIFICATION 1, am the P1/?I of MCM Diamond Co., Inc., the Plaintiff in the above-captioned matter and verify that the statements made and the facts set forth in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: Rl?ly MCM DIAMOND CO., INC. 608 Fifth Avenue, Suite 510 New York, New York 10020 3/26/04 Keith Eisenstein 4401 Carlisle Pike Camp Hill, Pa. 17011 #306 ITEMS 9/11 /03-.52cts 9/11/03-.50 cts 10/02/03-1.02cts 12/10/03-1.02cts 2/19/04-1.02cts Total: Total Due: Thank-you for your payment INVOICE PRICE PC CREDIT CHARGES 1350 pc $702 1500 pc $750 3000 pc $3060 2925 pc $2983.50 3350 pc $3417 „( ," $10,912.50 $10,912.50 (212) 957-8426 MEMORANDUM (212) 957.8428 FAX 20(1_ /G' \ II/, MCMDIAMOND CO. \ I// To l?ell 608 fifth Avenue, Suite 510 VVV??? New York, N.Y. 10020 VVV The merchandise described below is delivered subject to all of the conditions, terms and provisions printed on the reverse side of this memorandum. (212) 957-8426 MEMORANDUM (212) 957-8428 FAX 7 ?F 201/? V \ I //, MCM DIAMOND CO. \ I // To / /1 J 608 fifth Avenue, Suite 510 'V? New York, N.Y. 10020 I The merchandise described below Is delivered subject to all of the conditions, terms and Provisions printed on the reverse side of this memorandum. UL At reC$DD 1 r? f jl ? , 1 (212) 957-8426 MEMORANDUM - zo (212) 957.8428 FAX TQ j LI MCM DIAMOND CO. ® 608 Fifth Avenue, Suite 510 New York, N.Y. 10020 The merchandise described below is delivered subject to all of the conditions, terms and provisions printed on the reverse side of this memorandum. I 7 MEMORANDUM 20?L- (412) 957-8446 l? (414) 957-8428 FAX TO MCM DIAMOND CO. \ I / 608 Fifth Avenue, Suite 510 New York, N.Y. 10040 The merchandise described below is delivered subject to all of the conditions, terms and provisions printed on the reverse side of this memorandum. (Irk CA 3 0 I hereby certify that the precise address of the Plaintiff MCM Diamond Co., Inc. is 608 Fifth Avenue, Suite 510, New York, NY 10020 and the )ast known address of the Defendant ith isenst4n is 4401 Carlisle Pike, Camo Hill, PN 17P11. .' By: Meyer Simonr,-sgdire GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 V Attorney for Plaintiff MCM DIAMOND CO., INC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. KEITH EISENSTEIN DOCKET NO. 04-5141 PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff MCM Diamond Co., Inc. and against the Defendant Keith Eisenstein, as a result of the Defendant's failure to file an answer or otherwise plead to the Plaintiff's Complaint within twenty (20) days as required by law, in the amount of $10,912.50 plus interest from February 19, 2004, together with costs. Counsel for Plaintiff hereby certifies that Notice of Intention to Enter Judgment by Default in accordance with Pa. R.C.P. 237 was given to the Defendant on November 19, 2004. A true and correct copy of the said notice is attached hereto and made part hereof. GREEN & SIMON By: Meyer Simon, Esqui Attorney fo?jPlaintiff L. ASSESSMENT (NSF DAMAGES AND NOW, this )2-4 day of 2004, damages are assessed in favor of Plaintiff and against Defendant in the sum of $10,912.50. Pro-Prothonotary GREEN & SIMON By: Meyer Simon, Esquire Attorney for Plaintiff I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. COURT OF COMMON PLEAS OF CIVIL ACTION - LAW vs. KEITH EISENSTEIN DOCKET NO.04-5141 TO: KEITH EISENSTEIN Date: November 19, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 (Toll Free in PA) 717-249 - 66 GRE E V & oIM N By: Mey r SirY n, Esquire Att ney for Plaintiff ',? ? ? ? ?? } "? ? ? c .? ? ? ,?? ???, - a? `i? -,?, `j !; C""7 p (' ? i'rt -?.: t' i? i GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 Attorney for Plaintiff MCM DIAMOND CO., INC. vs. KEITH EISENSTEIN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-5141 MOTION TO COMPEL Plaintiff MCM Diamond Co., Inc., by and through its attorney, Meyer Simon, Esquire, hereby moves this Honorable Court to enter an Order compelling Defendant Keith Eisenstein to appear for a deposition pursuant to the Pennsylvania Rules of Civil Procedure and in support thereof represents: 1. A deposition in aid of execution was scheduled for February 23, 2005. 2. On the aforementioned date, the defendant failed to appear. WHEREFORE, plaintiffs respectfully request that this Honorable Court enter an Order directing and compelling Defendant Keith Eisenstein to appear for depositions within thirty (30) days from the date hereof sanctions. GREEN By: of Es4uire aintiff GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. vs. KEITH EISENSTEIN Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-5141 CERTIFICATE OF SERVICE I, Meyer Simon, Esquire, do hereby certify that service of a true and correct copy of the within Plaintiff's Motion to Compel was made on the 15th day of March, 2005, to the Defendant Keith Eisenstein at 4401 Carlisle Pike, Camp Hill, PA 17011, by placing the same in the United States Mail, postage pre-paid. GREE & SI r Plaintiff VERIFICATION I, MEYER SIMON, ESQUIRE, attorney for the Plaintiff MCM Diamond Co., Inc. verify that the statements made in the within Motion to Compel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating o u swocrff Isific ion to authorities. Date: fMeye,(Si on, Esquire SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-05141 P COMMONWEALTH OF PENNSYYVANIA COUNTY OF CUMBERLAND MCM DIAMOND CO INC VS EISENSTEIN KEITH And now J.M. ICKES ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:45 Hours, on the 13th day of January , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT EISENSTEIN KEITH hands, possession, or control of the within named Garnishee PENNSYLVANIA STATE BANK 2147 MARKET ST CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to HEATHER RITTER PALUMBO (MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and subscribed this __?, ? day of 4VC A.Q. Prothonbta .00 .00 .00 .00 .00 .00 , in the true and made So R. Thomas Kline Sheriff of Cumberland County 00/00/0000 o before me By P LLj. Deputy S eriff 1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-05141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCM DIAMOND CO INC VS EISENSTEIN KEITH HAROLD WEARY Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE EISENSTEIN KEITH the was served upon DEFENDANT at 1259:00 HOURS, on the 29th day of October , 2004 at FACE TO FACE JEWELRY Sheriff or Deputy Sheriff of 4401 CARLISLE PIKE CAMP HILL, PA 17011 by handing to KEITH EISENSTEIN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.40 Affidavit .00 Surcharge 10.00 .00 35.40 So Answers: R. Thomas Kline 10/29/2004 GREEN & SIMON Sworn and Subscribed to before me this ?f day of A.D. Pr thonotary By. eputy She iff GREEN & S/MON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. vs. KEITH EISENSTEIN BY THE COURT: -,\,1/z J. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-5141 ORDER MAR 18 2005 AND NOW, this ?-/ ° day of 2005, it is hereby ORDERED and DECREED that Defendant Keith Eisenstein is directed to appear for depositions at the office of Plaintiff's counsel Meyer Simon Esquire, w4+itA4l94ty-(-3A) W;?i 20 cslay? r?ohic w nJ/c ra,?r,? ?wk-°-'oh 005.`a GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW VS. KEITH EISENSTEIN DOCKET NO. 04-5141 PLAINTIFF'S MOTION FOR SANCTIONS Plaintiff MCM Diamond Co., Inc., by and through its attorney Meyer Simon, Esquire, hereby moves this Honorable Court to enter an Order for Sanctions against the Defendant Keith Eisenstein as a result of his failure to appear for depositions pursuant to the Pennsylvania Rules of Civil Procedure and in support thereof, states as follows: 1. On March 21, 2005, the Honorable Kevin A. Ness entered an Order directing Defendant Keith Eisenstein to appear for depositions or risk sanctions. A true and correct copy of the said Order is attached hereto, made part hereof and marked Exhibit "A". 2. On March 23, 2005, a true and correct copy of the Order dated march 21, 2005 was served upon the Defendant Keith Eisenstein by certified mail, return receipt requested. A true and correct copy of counsel's transmittal letter and the said return receipt are attached hereto, made part hereof and marked Exhibit "B". 3. A deposition was scheduled for May 13, 2005. A true and correct copy of the said Notice of Deposition is attached hereto, made part hereof and marked Exhibit "C". 4. The Defendant has failed and refused to appear for the said deposition, in violation of the Order of this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order: (a) directing the Defendant Keith Eisenstein to appear for a deposition in aid of execution in accordance with the Pennsylvania Rules of Civil Procedure; (b) directing the Defendant Keith Eisenstein to pay reasonable costs and counsel fees incurred in the prosecution of this motion; (c) directing that if the Defendant Keith Eisenstein fails to appear for depositions that he shall be deemed to be in contempt of Court; (d) directing such other relief as this Court may deem appropriate under the circumstances. VERIFICATION I, MEYER SIMON, ESQUIRE, attorney for the Plaintiff verify that the statements made in the within Motion for Sanctions are true and correct. I understand that false statements herein are made Pa. C.S., Section 4904, relating to Date: /C4 to the penalties of 18 MAR 18 2005/ GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 Attorney for Plaintiff MCM DIAMOND CO., INC. vs. KEITH EISENSTEIN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-5141 ORDER s+ AND NOW, this Q. 1 day of nOsc? , 2005, it is hereby ORDERED and DECREED that Defendant Keith Eisenstein is directed to appear for depositions at the office of Plaintiff's counsel, Meyer Simon, Esquire, vithia-thAy{90j BY TH COURT: 5 ? J. TRUE C^,w r^^ , P77-CRS In TestimorT c. :t my hand a he seal of sa 'Co rt a Cerl;sle, Pa. "A" Prot onotary `/ty I March 23, 2005 Mr. Keith Eisenstein 4401 Carlisle Pike Camp Hill, PA 17011 Re: MCM Diamond Co., Inc. vs. Keith Eisenstein CCP Cumberland County, No. 04-5141 Dear Mr. Eisenstein: Enclosed please find a true and correct copy of the Order dated March 21, 2005. Also, enclosed is a Notice of Deposition, scheduling your deposition in my office located at 16 W. Glenside Avenue, Glenside, PA 19038, for Thursday, April 7, 2005 at 2:00 p.m. Very truly yours, Meyer Simon MS:dmg Enclosures dm9(z28):8649lt3 ¦ Complete items 1, 2, and 3. Also complete item 4 H Restricted Del" is desired. ¦ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front 0 space permits. 1. Article Addreseed to: 44? l G,rGslt P,ke ( ll t?A-no,I A. S u jE Agent x ? Addre B. ReceNed by (P ' ed New) C. Date of D't D. is debery addees dMeraafrom Item 14 u Tes If YES, ender delWery address below: ? No 3. service Type 13 CerBBed Mall O Mee f3 ilagistered O Return Receipt for Merdmndise ? manead ma 0 D.o.D. 4. Restricted Deavery) (Fray nee) 0 yes 2. ArdcbeNumber -, 7004 1350 0005 2380 9337 ' (Resler 6om service la to?t? 1 Ps Form 3811, February 2004 D mesft Return Receipt - EXHIBIT "B" GREEN & SIMON By: Meyer Simon, Esquire I.D. No, 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 Attorney for Plaintiff MCM DIAMOND CO., INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. KEITH EISENSTEIN DOCKET NO. 04-5141 NOTICE OF DEPOSITION To: Keith Eisenstein, Defendant Please take notice that in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, Plaintiff MCM Diamond Co., Inc. will take the deposition of Defendant Keith Eisenstein, upon oral examination for the purpose of discovery, before a Notary Public or some other officer authorized by law to administer oaths, at the law offices of Meyer Simon, Esquire, Green & Simon, 16 W. Glenside Avenue, Glenside, PA 19038 on Friday, May 13, 2005 at 10:00 a.m. or as soon thereafter as possible and to continue from day to day thereafter until the examination is completed. You are hereby notified to produce your aforesaid and to be present if you think fit. and place GREEN4 SIMO? By: M e y r Simtn, quire Attd ney j r intiff III ? ;' ?; I II EXHIBIT "C" ?' > ?? < , `-_ ?> -b ._ ?? ?, - ?, . , t;- t 4 RECEIVED JUN O 21111154K GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 Attorney for Plaintiff MCM DIAMOND CO., INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. KEITH EISENSTEIN DOCKET NO. 04-5141 RULE AND NOW, this day of 2005, upon consideration of the Motion for Sanctions of counsel for Plaintiff, a Rule is hereby entered to show cause why said Motion should not be granted. RULE RETURNABLE, the q'z-h day of ( cty a 1- 2005, in Courtroom Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. Cz :;el' BY THE COURT: a H? ck o V` F t Afjr, 1?7t N3dtf1? 60 '01 k'V £- Hnr Sooz d?10r?0f{LGdd ?Hj Jo I GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 Attorney for Plaintiff MCM DIAMOND CO., INC. vs. KEITH EISENSTEIN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-5141 ORDER AND NOW, this day of , 2005,upon consideration of the within Motion for Sanctions by Meyer Simon, Esquire, counsel for the Plaintiff, it is hereby ORDERED AND DECREED: 1. Defendant Keith Eisenstein shall appear for a deposition in aid of execution at the offices of Meyer Simon, Esquire, with ten (10) days notice or risk being held in contempt of Court. 2. Defendant Keith Eisenstein shall pay the sum of $ as reasonable counsel fees to Meyer Simon, Esquire, for the prosecution of this Motion forthwith. BY THE COURT: J. GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW vs. KEITH EISENSTEIN DOCKET NO. 04-5141 PLAINTIFF'S MOTION FOR SANCTIONS Plaintiff MCM Diamond Co., Inc., by and through its attorney Meyer Simon, Esquire, hereby moves this Honorable Court to enter an Order for Sanctions against the Defendant Keith Eisenstein as a result of his failure to appear for depositions pursuant to the Pennsylvania Rules of Civil Procedure and in support thereof, states as follows: 1. On March 21, 2005, the Honorable Kevin A. Ness entered an Order directing Defendant Keith Eisenstein to appear for depositions or risk sanctions. A true and correct copy of the said Order is attached hereto, made part hereof and marked Exhibit "A". 2. On March 23, 2005, a true and correct copy of the Order dated march 21, 2005 was served upon the Defendant Keith Eisenstein by certified mail, return receipt requested. A true and correct copy of counsel's transmittal letter and the said return receipt are attached hereto, made part hereof and marked Exhibit "B". 3. A deposition was scheduled for May 13, 2005. A true and correct copy of the said Notice of Deposition is attached hereto, made part hereof and marked Exhibit "C. 4. The Defendant has failed and refused to appear for the said deposition, in violation of the Order of this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order: (a) directing the Defendant Keith Eisenstein to appear for a deposition in aid of execution in accordance with the Pennsylvania Rules of Civil Procedure; (b) directing the Defendant Keith Eisenstein to pay reasonable costs and counsel fees incurred in the prosecution of this motion; (c) directing that if the Defendant Keith Eisenstein fails to appear for depositions that he shall be deemed to be in contempt of Court; (d) directing such other relief as this Court may deem appropriate under the circumstances. VERIFICATION I, MEYER SIMON, ESQUIRE, attorney for the Plaintiff verify that the statements made in the within Motion for Sanctions are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to Date: 6 MAR s 8 2005 GREEN & SIMON By: Meyer Simon, Esquire I.D. No. 20488 16 W. Glenside Avenue P.O. Box 397 Glenside; PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. vs. KEITH EISENSTEIN Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-5141 ORDER AND NOW, this 21ST day of noQwJ1 , 2005, it is hereby ORDERED and DECREED that Defendant Keith Eisenstein is directed to appear for depositions at the office of Plaintiff's counsel, Meyer Simon, Esquire, thij*y @) days Ask4apG#&M. w? 20 clays iSo??cQ oR t?s?{ sand io6J . BY TH COURT: 5 J. TRUE C^?v P:7700 In 7esfimo?y v:-i: errthe ssleal of sa/d Coirt ?C[ rlisle,tPa.Y hand A:, EXHIBIT "A" March 23, 2005 Mr. Keith Eisenstein 4401 Carlisle Pike Camp Hill, PA 17011 Re: MCM Diamond Co., Inc. vs. Keith Eisenstein CCP Cumberland County, No. 04-5141 Dear Mr. Eisenstein: Enclosed please find a true and correct copy of the Order dated March 21, 2005. Also, enclosed is a Notice of Deposition, scheduling your deposition in my office located at 16 W. Glenside Avenue, Glenside, PA 19038, for Thursday, April 7, 2005 at 2:00 p.m. Very truly yours, MS:dmg Enclosures dmg(z28):86491t3 Meyer Simon ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the front t space permits. 1. Article Addressed to: W. hol^ E ( SG^S+C1 A ) 44O ( &Arlls(c Ake CaAr it 1( D PR-no(i - 2. Article Number (nansfyhooserwals Ps Form 3811, February 2004 A. SN)DM X B. Received t8 Agent Date of D. lsd*myeddmssdHterwd from Item t? LPN$ if YES, enter delivery address below: 0 No a 8evide type O Calwad ma 0 Ewass Men i O Reglswed O Rearm PAcalpt for Marchardlea 0 Irmew man O c.0-0- 4. Restricted DelNO1R Pdrs Fes) 0 Yes . 7004 1350 0005 2380 9337 Domestic Return Receipt ! . EXHIBIT "B" ?. I GREEN & siMON By: Meyer Simon, Esquire I.D. No. 20488 Attorney for Plaintiff 16 W. Glenside Avenue P.O. Box 397 Glenside, PA 19038 (215) 885-1370 MCM DIAMOND CO., INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. : CIVIL ACTION - LAW KEITH EISENSTEIN ' DOCKET NO. 04-5141 NOTICE OF DEPOSITION To: Keith Eisenstein, Defendant Please take notice that in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, Plaintiff MCM Diamond Co., Inc. will take the deposition of Defendant Keith Eisenstein, upon oral examination for the purpose of discovery , before a Notary Public or some other officer authorized by law to administer oaths, at the law offices of Meyer Simon, Esquire, Green & Simon, 16 W. Glenside Avenue, Glenside, PA 19038 on Friday, May 13, 2005 at 10:00 a.m. or as soon thereafter as possible and to continue from day to day thereafter until the examination is completed. You are hereby notified to produce your aforesaid and to be present if you think fit. Si ire and place EXHIBIT "C" 3 0 ? c. ? MCM Diamond Co. Inc. OF THE "` r "'O - Y VS Keith Eisenstein 2009 AUG 31 AH 11: 13 Writ of Execution Docket No. 2004-5141 Civil Term CUM.;_ And Now, August 25, 2009, R. Thomas Kline, Sheriff, who being duly sworn according to law, states the above captioned writ is returned ABANDONDED. Sheriff's Costs: Docketing $18.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Mileage 12.00 Prothonotary 1.50 Poundage 1.83 $ 92.33 J ?l So Answers: R. Thomas Kline, Sheriff BY QC64??? L., Serg t Cd t-1,66 "- S6 ' ?-3oo V s 1