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HomeMy WebLinkAbout12-5370~~.c#3-~f~t~ ~r ~'~#~ ~~~T~ON4~'nR'~' MARK DEAL, Plaintiff v. MELANIE BARRY, Defendant Z~f2 AUG 28 PM b~ 2 # ~i~1~ ~~.ANa C~UNIY ~ ~ ~~~.~1~1N{a IN THE COURT OF COM~6ON PLEAS CUMBERLAND COUNTY, PENNSYLV NO . ~~ ,S~ 70 Ct 1/~L PETITION FOR LEAVE OF COURT TO FILE APPEAL NUNC PRO TUNC AND NOW comes defendant, Melanie Barry, by her attorney, Kent H. Patterson, and files this petition for leave of court appeal nun pro tunc, as follows: 1. Petitioner, Melanie A. Barry, is defendant in this case and currently resides at 515 Poplar Avenue, Cumberland County, Pennsylvania (New Cumberland, PA 17070). 2. Respondent, Mark T. Deal, is plaintiff in this case and has an address and place of business at 460 Old York Road, Dillsburg, PA 17019. 3. In May, 2012, defendant and Scott Spink met with plaintiff and reached agreement for plaintiff to lease to them the premises at 515 Poplar Avenue, Borough of New Cumberland, Cumberland County, Pennsylvania (New Cumberland, PA 17070) for term of one year at the monthly rental $2,075.00, payable on the 10~' day of the month, for use as a residence for defendant and Scott Spink and six children, two of whom are the childr~ri of defendant and Scott Spink and are of pre-school age, three of ~~03, c~-s X27' ,~,,r, ~5,,~• P7s ~9~7 whom are the children of Melanie Barry, and one of whom is the child of Scott Spink. 4. Thereafter, on June 6, 2012, plaintiff permitted defendant, Scott Spink and the children to move into the property after presenting defendant with a written lease betwee himself, as landlord, and defendant and Scott Spink, as tenants 5. Defendant signed the lease on June 6, 2012 but Scott Spink was not available to sign at that time because of work commitments. Scott Spink subsequently contacted plaintiff to make arrangements to sign the lease but plaintiff told Mr. Spin that he did not want him to sign the lease. 6. Plaintiff gave defendant a copy of the first page of the lease so that she could enroll her children in school but refused to give her a complete copy of the lease. Attached to this petition is a copy of the first page of the lease which is marked Exhibit A. 7. On or about July 23, 2012, Plaintiff filed a landlord and tenant complaint before the Honorable Charles A. Clement, Jr., Magisterial District Judge (MDJ) for Magisterial District No. 09-1-01, docketed at No. LT-0000084-2012, for possession of residential real property located at 515 Poplar Avenue, Borough - 2 - of New Cumberland, PA (17070) and for money damages for unpaid rent and other costs and expenses. 8. Thereafter, defendant filed a counterclaim against plaintiff, docketed at No. LT-0000298-2012, for plaintiff's failure to credit the cost of construction work done on the premises by Scott Spink against the rent and for damages for plaintiff having disconnected the air conditioning system for the house. 9. On August 6, 2012, Magisterial District Judge Clement entered judgment in favor of plaintiff and against defendant possession and unpaid rent and other costs in the total amount of $6,313.00 and judgment in favor of plaintiff on defendant's counterclaim. Attached to this petition are copies of the transcripts of the judgments which are marked Exhibit B and Exhibit C respectively. 10. Defendant was unable to appear at the hearing because she had another previously scheduled court hearing at the same time and was denied a continuance of the within case. 11. Defendant has the right of appeal from the judgment for possession and money damages under Pa.R.C.P. 1002 which requires that a notice of appeal be filed within 10 days of the - 3 - entry of a judgment for possession and within 30 days of the entry of a judgment for money damages. 12. Defendant requires leave of court to file the notice of appeal from the judgment for possession because more than 10 days have passed from the date of the entry of the judgment which was entered by the magisterial district judge on August 6 2012. 13. Defendant did not file a notice of appeal within the 10 day period for the following reasons: a. Defendant went to the Office of Prothonotary within the 10 day appeal period, on August 16, 2012, to obtain and file the form for the notice of appeal and to make the required deposit of money for the appeal to operate as a supersedeas. b. Defendant asked for assistance from a person in the Prothonotary's Office in completing the notice of appeal an indicated that she would pay the amount of the judgment to the prothonotary since she understood that payment of the judgment amount would bring all payments owing to plaintiff, as landlord up to date. c. After defendant explained the situation, the person at the Prothonotary's Office advised plaintiff that it - 4 - would not be necessary to file an appeal if she was willing to pay the amount of the judgment to the prothonotary and that should tender payment to the plaintiff, as the landlord. 14. Defendant thereafter approached plaintiff to pay him the money but plaintiff refused to accept the money and told defendant that she would have to pay him an additional $2,000.0 in order for her to stay in the property. Plaintiff also told defendant that she would have to submit to other conditions, namely that Scott Spink would have to be removed from the lease and residency on the property and that defendant would have to place all her earnings and income into a bank account over he would have access and control. 15. The advice given to defendant by the Prothonotary's Office concerning the necessity of filing a notice of appeal wa misleading to defendant and resulted in prejudice to her. 16. Plaintiff obtained an order for possession from the magisterial district judge and served defendant with a notice vacate on August 17, 2012 which advised defendant that, if she did not vacate the property within 10 days, eviction would commence on August 28, 2012. - 5 - 17. Defendant has valid defenses to the complaint filed plaintiff for both possession and money damages in that, although defendant fell behind in payment of rent, plaintiff thereafter refused to accept rent from defendant which would have brought the rent up to date and that plaintiff agreed to deduct from the rent the cost of construction work that Scott Spink performed on the property at the specific request and agreement of plaintiff. 18. If defendant is granted leave of court to file a notice of appeal, defendant will deposit with the prothonotary the amount of money necessary under Pa.R.C.P. 1008 for the notice of appeal to operate as a supersedeas. WHEREFORE, defendant requests your honorable court to gran her permission to file a notice of appeal nunc pro tunc in this case. Respectfully suYunitted, ~~ Kent H. Patterson Attorney for Defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 - 6 - VERIFICATION I, Melanie A. Barry, verify that the statements in the within petition are true and correct to the best of my knowledq~, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 rely to unsworn falsification to authorities. . marry Date : ~ 7 Re~identi~t Le~~e A~rment This Residential Lease, entered this day of June, 2012 between Mark Deal ((Ixereiriaf ter "Lessor") and McXanie A. Barry and Scott M. Sink, twa unmarried adults jointly and severalty (hereinafter '.Tenants"), for good consideration and infiennding to be legally bound jrrirrtIy and s~ez~eratty upon thefalIowing terms and avrrditions, Lessors tease to Tenants a twa story,,five (5) bedroom single family residence of 2860 square feet more or less tvcated at 515 Poplar Avenue, New Cumbers (Cumberland County), I'A 17070 mrmrrrencing June 10, 2012 and ending thereaftQr on June I4, 2013 and iherea~er creating a term of month to rnnnth tendency unfit the lease is terminated as provided betou~. Tenants and! Lessors agree ~ below terms oral avndrtions far tJz~ Residential Lease: 1. RL:I~i'!' Tenants agree to pay neat in fire sum of two tlsausand se~eniy ($2,075.00) dollars p+er mantJ~, payable in advdnce and starting June 10, X012 and continu#ng at Least fnr one (1) year and lQSting ~s ;l+~ng tts this let~se is effe#. A tam fee of ten ($10.00) dollars shall be assessed if rent is not reae:~ived on the tenth calendar day of each month of tite~leaselaotd tenancy. 2. US£ The abvae descril~d premises art to be used as a residencae only far the Tenarxts and their children. IVo offer adult other fizmily me~biers of the tenants above named may reside At ~ leased pnernses wifi~out mritferi ~nserrt of fire Lessor. 3. 3ECtIRITY DE~S~T Teru~tts shall tender and Lesser with hold in a non-interest-bearing acc~vurrt ~c s+ecurtty tsi# o, f C)ne thausrrnd nine hundred seventr~f:ve ($2,975:00) ~Otlars. T'enants,,af~ter careful inspioh, recognize tha# the premises are in good and sound order add: cxytrd;tic, aand agree :iri ~naint~un iiie prises artd deliver ttre same up ~to the Zessvr in the same cavnditzrin at #er~rtiturtion of the Leaseh~vld less reasonable wear and ter. Lessor ~ zrit~n thrfiy (30}~ia~s of the termer of this Lease or uprm surren~r and acaq~f~ce of pr~errases , whiciuver accurs~rst, provide Tenants u~ith~an i#e»rrz+ed urr(ften listof any dr~mttgaes to #3te leasettaid,~trernises for trrhz~r tine Lessor clams the ~'enants io be IYable. 4. St.Itsl:lS~ Tuts rtgree not to sublease or to assign. this Lease Agreement uaifiwict es +raritieri amt ~' ~e Lessor. Should Tenants be in violation of this condition arty Ties caotlec~ed.by 'I'en~ts shall. be held in trust for. ttie Lessor and ~t~re Lesactr upon dom. Arlditiartatty Tenants uwuld reniairr respons~te - be,~ the-above rental; amount(s) rttcd those • ?cronies received by t~~Ts COMMONWEALTH OF PENNSYLVANIA '~~, ,~ Notice of JudgmentlTransc ipt COUNTY OF CUMBERLAND ~v'~".~:~ v~~ :;Y~. ~. ;~ Residential Lease Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: 920 Linda Lane Camp Hill, PA 17011 Telephone: 717-737-3434 Melanie Barry 515 Poplar Avenue New Cumberland, PA 17070 Disposition Details Grant possession. Grant possession if money judgment is not satisf+ed by the time of eviction. Deposition Summary MJ-0910i-LT-0000084-2012 Mark Deal Melanie Barry MJ-09101-CV-0000298-2012 Melanie Barry ~~ Deal Judgment Summary Participant Joint/Several Liability individual Liability Mark Deal $0.00 $0.00 Melanie Barry $0.00 $6,313.00 Mark Deal v. Melanie Barry Docket No: MJ-09101-LT-00000 2012 Case Filed: 7/23/2012 ... - ~ .W F, ., Yes No Disposition Judgment for Plaintiff 08106120]2 Judgment for Defendant 08!06/2012 $6,31 Judgment Detail ("Post Judgment) In the matter of Mark Deal vs. Melanie Bany on 8/06/2012 the judgment was awarded as follows: The amount of rant per month, as established by the Magisterial District Judge, is $2,075.00 JNdamsnt Gomponent Joir~t/Several Liability Individual Liability Deposit Applied Amoun Rent in Arrears $0.00 $4,170.00 $4,170.0 costs $0.00 $1ss.oo $1sa.a Unjust Detention $0.00 $1,975.00 $1,975.0 Grand Totat: $6,313.0+ Portion of judgment for physical damages arising out of residential lease: $0.0 iN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR Pt WI'THtN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY COURT OF THE COURT OF COMMON PLEAS, CIVIL DIV1310N. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUt ANY. IN ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF C( LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, U AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGAF DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE I 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY COURTS OF THE COURT OF COMMON PLEAS, CML DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDG JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS M FROM THE COURT OF COMMON PLF~1S AND NO FURTHQt PROCESS MAY SE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT 11 REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE If THE JUDGMENT DEBTOR PAYS IN FULL OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315A Page 1 of 3 Printed: 08106/2 0 1 2 (;.~ ~~~ ?FCK OF ENT, IF iS THE NCOME G THIS rY HAS :RK OF ]CE OF IF THE 'COME 4Y FILE A SETTLES, Mark Deal v. MI B Docket No.: MJ-09101-LT-000084-2012 e anle arry ,i. , . t •,, jj~~ ~ b~f/. .. .. ,. ' '°M~gisteriai'Distnct Judge Charles A..Clement Jr, ~ ~~. certi y a ~ ~s a rue a corre copy o , e reco o t e.pro mgs con ming e I gmen Date Magisterial District Judge . tr.w., .,.u*t". '.w',. 4 "`1"".-~q!"~.~'•. "~R~1"r.tir~,3 "t";.ar ~`~' $,t~•- ~ r. i~"-i: oil r?~'~rk r~:;"~'~vr-}~c.,: .. .u . ~~. c .. r, • ~ ~ • a. .. .. :. . ~ . MDJS 315A 'S++~awlnr+r.?'. Page2of3 Printed: 08!0612012 `~ . 1; Mark Deal v. Melanie Barry Docket No.: MJ-09101-LT-000084-2012 Mark Deal 460 Old York Road Dillsburg, PA 17019 Defendant(s) Melanie Barry ~`- .~ + New Cu~m~ and, PA 17070 ~ __ , -:... .....~ -- - :..~; MDJS 315A Page 3 of 3 Printed: 08/06/2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND €•~. .. ~' Notice of JudgmentlTranscri~t Civil `' Case ~~ ~.. ~.~ I Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. l~ddress: 9~0 Linda Lane ,Camp Hi(1.; PA' 17011. ' ; Telephone: • 717-737-3434 ~ 1 Melanie Barry 515 Poplar Avenue New Cumberland, PA 17070 Docket No: MJ-09101 Case Filed: 8/6/2012 COUNTER-CLAIM ....., Disposition Summary Do k t c e ,~q Plaintiff Defendant Disposition i ' MJ-09i01-LT-0000084-2012 Mark Deal Melanie Barry Judgrra3ntforPlaintifF 08/06!2012 MJ-09101-CV-0000298-2012 Melanie Barry Mark Deal Judgment for Defendant .08106/2012 Judgment Summary .._ .. Participant Joint,'Seve ral Liability Individual Liability Mark Deal $0.00 $0.00 $p, Melanie Barry ~ $0.00 $6,313.00 $6,313.0 Judgment Detail ("Post Judgment) In the matter of Mark Deal vs. Melanie Barry on 8/Oti/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $2,075.00 Judgment Component Joint/Seve ral Liability Individual Liability Deposit A~ied Rent in Arrears $0.00 $4,170.00 $4,170.0 Costs $0.00 $168.00 $168.0 Unjust Detention $0.00 $1,975.00 $1,975. Grand Total: $6,313.1 . Portion of judgment for physicatdamages arislp out of residential lease: $0.{ ANY PARTY HAS THE RIGHT TAPPEAL WITHIN 30 .DAYS AFTER THE ENTRY OF JUDGMENT BY FWNG A NOTICE OF of ~' ~ -THE: a~oTHONoTati~~'o~: RT OF rCOIlAlI110N ~PLEAS,~~ML DIVI3I~N: YOU MUST'tNCL"UDE~A' COPY OF THIS' JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE . HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT 15 ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT I REQUEST FOR ENTRY (~ SATISFACTION WRH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULI OR OTHERWISE COMPLIES WITH THE JUDGMENT. 8 /6 /2012 `''"a~p "L " ~-~it.~N+~~'""' ~ ' Date Magisterial District Judge Charles A. Clement Jr. a true and correct copy ' :y, : r Date Magisterial District Judge MDJS 315 Page 1 of 2 ~~~~-~r~~r ~ Printed: 08/06!2012 1 EAL WITH ~TlCE OF JDGMENT ROM THE 4Y FILE A SETTLES, ,~~• \\'r, .S.A~ Melanie Barry v. Mark Deal ... ~. ~ Plaintiff(s) Docket No.: MJ-09101-CV-OOOt~298-2012 Pairticipant,List Melanie Barry 515 Poplar Avenue New Cumberland, PA 17070 Defendant(s) ~` Mark Deal 460 Old York .Road __ . ;`~A~ 99019 a -,,.-.,,,.__,.t..:...._.,,,r,~„ . ,•s F MoJ5 315 page 2 of 2 Printed: 08/06/2012 1 _ _ _ _ _ r MARK DEAL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• CIVIL ACTION -LAW MELANIE BARRY, : Defendant NO. 12-5370 CIVIL TERM IN RE: DEFENDANT' S PETITION FOR LEAVE OF COURT TO FILE APPEAL NUNC PRO TUNC ORDER OF COURT AND NOW, this 30~' day of August, 2012, upon consideration of Defendan 's Petition for Leave of Court To File Appeal Nunc Pro Tunc, a Rule is hereby issued up n Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, ~ ~ - -t,~ rn~ N ~. -~ ~ a rn ~~ ~ ~~ rn --. ,, // -~ ., c~ , `~ hristylee Peck J ~© ~ *~ `~'`r7 . . ~ m ~ ~ --~- ~~ a~' / Mark T. Deal -< w ~ -~ 460 Old York Road Dillsburg, PA 17019 Plaintiff, pro Se / Kent H. Patterson, Esq. 221 Pine Street Harrisburg, PA 17101 Attorney for Defendant :rc ~p;~ inc~.l~d ~!/3I~ a. ~~ MARK DEAL, Plaintiff v. MELANIE BARRY, Defendant IN THE COURT OF COMi~N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~ -537d Cr~~L / ~.'~ ORDER AND NOW , this ~d~day of ~,e.~c.~" 2 012 , upon consideration of the foregoing P//etition for Leave of Court to File Appeal Nunc Pro Tunc filed by defendant, it is hereby ordered that defendant is granted permission to file an appeal nunc pro tunc from the judgment for possession which was issued by the Magisterial District Judge Charles A. Clement, Jr., Magisterial District No. 09-1-01, dated August 6, 2012 and docketed at No. Lt-0000084-2012 within days of service of this order, during which time this order shall operate as a supersedeas and all proceedings shall be stayed. BY THE COURT: Distribution: Mark T. Deal Kent H. Patterson 460 Old York Road 221 Pine Street Dillsburg, PA 17019 Harrisburg, PA 17101 (Plaintiff, pro se) (717)238-4100 (Attorney for Defendant) . THE Pi'FofHi OJNI TAR MARK DEAL, Plaintiff V. MELANIE BARRY, Defendant 2012 SEP -6 PM 4: 21 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-5370 Civil CIVIL ACTION - LAW CERTIFICATE OF Ajwr, ERVICE AND NOW, this ?/Say of 2012 I, Kent H. Patterson, hereby certify that I this day served plaintiff with the order of court 'dated August 30, 2012 (docketed August 31, 2012) by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of recordfor plaintiff (pro se) as follows: Mark T. Deal 460 Old York Road Dillsburg, PA 17019 Kent H. Patterson Attorney for Defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 2012 SEp -6 py 4: 2 t C"RERLM'D COUNTY PENNSYLVANIA MARK DEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-5370 Civil MELANIE BARRY, Defendant CERTIFICATE OF SERVICE AND NOW, this)jt4ay of r, 2012 I, Kent H. Patterson, hereby certify that I this day served the Petition for Leave of Court"!to File Nunc Pro Tunc of defendant by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff (pro se) as follows: Mark T. Deal 460 Old York Road Dillsburg, PA 17019 Kent H. Patterson Attorney for Defendant "- '[- ? t'LEa -CtP C €. HE PRC f t it-zL 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY MA]kK DEAL, Plaintiff V. MEL`; ANIE BARRY, Defendant No.: 12-5370 CIVIL CIVIL ACTION - LAW MDJ APPEAL To: The Honorable, Christylee L. Peck, Judge of Said Court c MW -t ? ro za zy ? (Objection to Petition for Leave to File Appeal Nunc Pro Tunc k AND NOW this 1 `day of September, 2012 comes above Plaintiff MARK DEAL, by and through his attorney John M. Glace, Esquire and objects to Defendant's Petition for Leave to File Appeal Nunc Pro Tunc as follows: 1. Admitted on knowledge and belief. By way of further answer, Plaintiff was awarded a Judgment for possession of this address. 2. Admitted. 3. Denied . The terms of the lease speak for themselves. By way of further answer, Scott Spink was a voluntary non-signatory of the lease 4. Admitted. However the tenancy was predicated upon the consideration of timely monthly rental payment and prepayment of a deposit. C/f M -a -o s Na W 5. Denied as stated. Spink never made himself available to sign a lease that would c-? mot.... M, C_J c; --4c- C3-,n 2_1 have made him jointly and severally liable for one year's rent. 6. Admitted in part, Denied in part. The lease was available once fully executed. Plaintiff did make the first page available as proof of residency for school enrollment. The original negotiation for tenancy required both parties to execute the lease and Scott Spink, obdurately refused. 7. Admitted. 8. Admitted as stated. 9. Admitted. Plaintiff received Judgment for possession and $6,313.00 in damages which was for failure to pay any rent, return of the $1,975.00 deposit check for insufficient funds and costs. 10. Admitted in part denied in part. Defendant was denied a continuance because she appeared on the morning of the hearing and submitted an equivocally written request for continuance and left without meeting personally with Magisterial District Judge Clen?ent. This request was justifiably denied as untimely and insufficient. Defendant knew for several weeks the date of the hearing. Further Defendant filed a separate action as a 4ounterclaim that was concurrently scheduled on the same hearing date, thereby providing further prior knowledge of the hearing date. Defendant's failure to act to obtain timely continuance was consistent with her failure to pay any rent and her tender of a worthless check for deposit. 11. The Rule of Civil Procedure speaks for itself. 12. Neither admitted nor denied. Court Rules speak for themselves. 13. Plaintiff generally objects to consideration of any reason proffered; but specifically objects as follows: a.-b. Denied, strict proof is demanded to these factual averments.. c. Denied as irrelevant. Any independant and/or unjoined third party act or omission is not relevant to this Honorable Court's consideration for grant of a Nunc Pro ? unc appeal. 14. Denied. Plaintiffs only contact after Judgment relative to this matter was with Defendant's mother who tried unsuccessfully to negotiate continued tenancy. By way of farthler answer Scott Spink never executed the lease and his removal from a further lease was not ever a consideration. 15. Irrelevant. Any reliance on third party statements not from an attorney is not a proper consideration for grant of a Nunc Pro Tunc appeal. 16. Admitted. 17. Denied. Any and all defenses of Defendant were nullified by the Default Judgment and untimely appeal. By way of further answer, Defendant's counterclaim is indicative that she was an integral part of the litigation. Plaintiff also denies this second part of Defendant's compound averment that he refused to accept late payment. It is admitted that Defendant and Scott Spink erected a small fence with materials provided by Plaintiff; but denied that any rent set-off had been pre-agreed. Further this matter of a claim' against Plaintiff was decided by the Default Judgment in favor of Plaintiff in the separately docketed action, MJ-091 01 -CV-0000298-2012,- at MDJ Clement's office and is nod part of the present Petition and, accordingly, is procedurally barred. 18. Said averment is a contingency that requires no responsive pleading and is deemed denied. WHEREFORE Plaintiff MARK DEAL objects to the grant of leave to appeal Nunc Pro Tunc and respectfully prays that Defendant's Petition be denied and that the Judgment be entered on record. Respectfully submitted: The Law Office of John M. Glace John M. , Esquire Supreme : 23933 1 East Main Street Shiremanstown, PA 17011 717-238-5515 Counsel for Plaintiff/Objector VERIFICATION I verify that the statements made in the foregoing Objection to Petition for ve to Appeal Nunc Pro Tune are true and correct to the best of my understanding aann belief. I understand that false statements herein are made subject to the penalties prodded by 18 Pa. CSA, Section 4904, relating to unswom falsification to authorities. Date q_&- /I (,-- - -0 Mark CERTIFICATE OF SERVICE I HEREBY CERTIFY that this -day of September, 2012 I have served a true and ?orrect copy of the foregoing Objection to Petition for Leave to File Appeal Nunc Pro Tunc by first class mail, postage pre-paid, upon: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 The Law Offide R John M. Glace dace, Esquire Ct. ID: 23933 fin Street PA 17011-6310 (717) 238-5515 MARK DEAL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYIuVANIA ~~. CIVIL ACTION -LAW MELANIE BARRY, : Defendant NO. 12-5370 CIVIL TERI\/I IN RE: MOTION FOR AN EXTENSION Oh TIME IN ORDER TO REMOVE PERSONAL PROPERTY AND BELONGINGS FROM 515 POPLAR AVE. NEW CUMBERLAND, PA 17070 ORDER OF COURT AND NOW, this 19`h day of October, 2012, upon consideration of Defendant's pro Se motion in the above-captioned matter for an extension of dime, the motion is denied as Defendant is represented by counsel and that this Court has no jurisdiction. since it previously denied her appeal nunc pro tunc. BY THE COURT', / John M. Glace, Esq. 1 East Main Street Shiremanstown, PA 17011 Attorney for Plaintiff / Kent H. Patterson, Esq. 221 Pine Street Harrisburg, PA 17101 Attorney for Defendant ~/ Melanie Barry c/o Days Inn Red Carpet Inn 253 L.ewisberry Road New Cumberland, PA 17070 rc C~E~P,` e5 Mncz . ~~cl /D~ q~~ ~~ L