Loading...
HomeMy WebLinkAbout13-3445 Supreme Cop-pGWA,Pennsylvania Court,of,064nmon leas For Prothonotary Use Only: Civ t ili,C6ver.$' e it Docket No: County The information collected on this Jbrin is used solel),for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required bV lain or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons Petition E n Transfer from Another Jurisdiction F1 Declaration of Taking L Plaintif Na e: Le C qml�Lea Na T nryl? Na F� e M )�l 6' Dollar Amount Requested- within arbitration limits Are money damages requested. El Yes ,,2rNo (check one) Mi outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes Apr"No Is this an MDJAppeal? /Eyes ED No V I - A Name of Plaintiff/Appellant's Attorney: o+ w,rc El Check here if you have no attorney(are a Self-Represented PrVSel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies r_1 Malicious Prosecution F1 Debt Collection:Credit Card El Board of Assessment E] Motor Vehicle El Debt Collection:Other Q Board of Elections E]Nuisance Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S Product Liability(does not include mass tort Employment Dispute: E n Slander/Libel/Defamation Discrimination C F1 Other: in Employment Dispute:Other M Zoning Board T Other: I M Other: O MASS TORT El Asbestos N 0 Tobacco F11 Toxic Tort-DES F-1 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste El Ejectment 0 Common Law/Statutory Arbitration B n Other: El Eminent Domain/Condemnation M Declaratory Judgment L n, round Rent F-1 Mandamus i >4 andlord/Tenant Dispute F1 Non-Domestic Relations 11 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY M Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental in Partition 0 Replevin Legal [3 Quiet Title 0 Other: Medical Fl Other: F!-I Other Professional: Updated 11112011 Vii° pROTHO, Tt� 2595 Interstate Drive, Suite 101 201 � { Harrisburg, PA 17110 (717) 909-2500 CUMBERLAND CGUI TY Attorney for Keith Eisenstein P EKN KELLEY BAILEY and IN THE COURT OF COMMON PLEAS EARNEST ZIMMERMAN, OF CUMBERLAND COUNTY, PENNA. Respondents vs. CIVIL ACTION—LAW KEITH EISENSTEIN, NO. _ 3q45' Petitioner JURY TRIAL DEMANDED PETITION FOR LEAVE TO FILE APPEAL NUNC PRO TUNC Petitioner, Keith Eisenstein, seeks leave to appeal nunc pro tunc from the notice of Recovery of Real Property hearing,the Order of Court of April 29, 2013, and the Order of Court to Strike Judgment entered on May 13, 2013, and in support represents as follows: 1. The Petitioner, Keith Eisenstein, resides at 4105 Fawn Square, Apartment M, Harrisburg, PA, 17112, as of June 7, 2013, and prior to and after March 30, 2013,petitioner resided in the Cumberland County Prison on Violations from Protection from Abuse Order, and prior to March 30, 2013, Petitioner resided at 312 East Main Street, 2nd Floor, Mechanicsburg, PA 17055. 2. Pursuant to the records of the Prothonotary of Cumberland County,the Court of Common Pleas lists the Plaintiff's address as 312 East Main Street, Mechanicsburg, PA 17055. A copy of the records from the Prothonotary of Cumberland County are attached hereto as Exhibit"A". rto1.73r d 3. On April 29, 2013,pursuant to the documents provided by the Prothonotary of Cumberland County, a Recovery of Real Property hearing had been scheduled in the above referenced matter. 4. The Petitioner was not properly served with notice of the Recovery of Real Property hearing scheduled for May 13, 2013. Please see Petitioner affidavit attached hereto as Exhibit"B". 5. On May 13, 2013, the Honorable Judge Brenda M. Knepper, entered an Order against Petitioner and in favor of Defendants in the above referenced matter. A copy of the order is attached as Exhibit'.'C". 6. Petitioner was not properly served with a copy of the May 13, 2013, Order until June 8,2013 after Petitioner was released from Cumberland County Prison. 7. Less than thirty(30)days after the Notice of the Order of Court dated April 29, 2013, Judgment was entered by the Prothonotary of Cumberland County in favor of the Defendants. A copy of the Notice of the entry of Judgment is attached-as Exhibit"D" 8. Petitioner was not properly served. with a copy of the May 13, 2013,Notice of Entry of Judgment in favor of the Defendant. 9. The notice of Recovery of Real Property hearing, the Order of Court of April 29, 2013, and the Notice of Entry of Judgment, Order of Court of May 13, 2013, were all sent by the Magisterial District Court 09-3-05 of Cumberland County to the incorrect address. 10. The offices and departments of the Magisterial District Court 09-3-05 of Cumberland County have negligently failed to properly serve Petitioner with those notices necessary to allow Petitioner to pursue his case against the Defendant. 11. Petitioners did not receive the Order of Court of April 29, 2013 or the Notice of Entry of Judgment until the aforementioned were provided to Petitioner on June 8, 2013. 12. The Petitioner was not properly served with any Recovery of Real Property notice regarding the hearing scheduled for May 13, 2013. The Petitioner was not properly served with any notice of or the Order of Court dated April 29, 2013. The Petitioner was not properly served with any notice of or the Praecipe to Enter Judgment on the Verdict of the Honorable Magisterial District Court 09-3-05, the Honorable Magisterial District Judge Brenda M. Knepper. The Petitioner was not properly served with notice of or the Verdict entered by the Prothonotary of Cumberland County in a timely manner. 13. The Petitioner was required to file an appeal within thirty days after entry of the Order of Court dated May 13, 2013. However,Petitioner did not receive Notice of Judgment until June 8, 2013. 14. On June 13, 2013 counsel for Petitioner attempted to file a Notice of Appeal at the Prothontary in the Cumberland County Court of Common Pleas where counsel was notified the Notice Appeal would not be able to be accepted as the deadline to file a Notice of Appeal was June 12, 2013. 15. By reason of the negligent conduct of the offices of the Magisterial District Court 09-3-05 of Cumberland County in failing to provide notice of the Recovery of Real Property,the Order of Court dated April 29, 2013 and the verdict, Petitioner was prevented from learning of the entry of the order until June 8, 2013,when the Prothonotary provided a copy of the above referenced Order, to the change of address label listed on the Orders of Court mailed. 16. The failure of the Prothonotary to provide and to properly serve petitioner Petitioners with the Order of Court of May 13, 2013, and the verdict constitutes a material breakdown in the agency's operations which justifies the allowance of an appeal Nunc Pro Tunc. WHEREFORE,petitioner respectfully requests that this Court enter an order extending the time for filing an appeal in his matter, and allowing Petitioner to file an Appeal Nunc Pro Tunc from the Order of Court of May 13, 2013 to the Cumberland County Court of Common Pleas Pennsylvania. Respectfully submitted, DATE: BY: -�AdrW T. Kravitz, Esquire Attorney I.D.No. 80142 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 717-909-2500 Attorney for Petitioner CERTIFICATE OF SERVICE I, Andrew T. Kravitz, Esquire, do hereby certify that on this 14th day of June, 2013, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard C. Snelbaker, Esquire Snelbaker& Brenneman PC 44 West Main Street Mechanicsburg, PA 17055 Attorney for Defendants Kelly Bailey 110 East Allen Street Mechanicsburg, PA 17055 Earnest Zimmerman 110 East Allen Street Mechanicsburg, PA 17055 Andrew T. Kravitz Kelly Bailey, Earnest Zimmerman Docket No.: MJ-09305-LT-0000064-2013 V. Carole L Eisenstein, Keith Eisenstein Participant List Private(s) Richard C. Snelbaker, Esq. Snelbaker&Brenneman PC 44 W Main St Mechanicsburg, PA 17055-6249 Plaintiff(s) Kelly Bailey 110 E.Allen Street Mechanicsburg, PA 17055 Earnest Zimmerman 110 East Allen St Mechanicsburg, PA 17055 Defendant(s) Carole L Eisenstein 312 E Main St 2nd Floor Mechanicsburg, PA 17055 Keith Eisenstein 312 E Main St 2nd Floor Mechanicsburg, PA 17055 hl b,t, MDJS 315A Page 3 of 3 Printed:05/13/2013 12:12:30PM COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-05 Kelly Bailey, Earnest Zimmerman MDJ Name: Honorable Brenda M. Knepper V. Address: 507 North York Street Carole L Eisenstein, Keith Eisenstein Mechanicsburg, PA 17055 Telephone: 717-766-4575 Keith Eisenstein 312 E Main St Docket No: MJ-09305-LT-0000064-2013 . 2nd Floor Case Filed: 4/29/2013 Mechanicsburg, PA 17055 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket N Plainti ff Defendant Disposition Disposition Date MJ-09305-LT-0000064-2013 Kelly Bailey Carole L Eisenstein Judgment for Plaintiff 05/13/2013 MJ-09305-LT-0000064-2013 Kelly Bailey Keith Eisenstein Judgment for Plaintiff 05/13/2013 MJ-09305-LT-0000064-2013 Earnest Zimmerman . Carole L Eisenstein Judgment for Plaintiff 05/13/2013 MJ-09305-LT-0000064-2013 Earnest Zimmerman Keith Eisenstein Judgment for Plaintiff 05/13/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Carole L Eisenstein $2,177.20 $0.00 $2,177.20 Earnest Zimmerman $0.00 $0.00 $0.00 Keith Eisenstein $2,177.20 $0.00 $2,177.20 Kelly Bailey $0.00 $0.00 $0.00 Judgment Detail ("Post Judgment) In the matter of Kelly Bailey; Earnest Zimmerman vs. Carole L Eisenstein; Keith Eisenstein on 5/13/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $132.20 $0.00 $132.20 Rent in Arrears $1,900.00 $0.00 $1,900.00 Server Fees" $145.00 $0.00 $145.00 Grand Total: $2,177.20 Portion of judgment for physical damages arising out of residential lease: $0.00 2 MDJS 315A Page 1 of 3 Printed:06/03/2013 1:52:34PM Kelly Bailey, Earnest Zimmerman Docket NO.: MJ-09305-LT-0000064-2013 V. Carole L Eisenstein, Keith Eisenstein IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, HOWEVER,LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF , APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,.ytCT 4 t , txt ;�yzr Date Magisterial District Judge Brenda M. Kne Pp er ceffify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed:06/03/2013 1:52:34PM Kelly Bailey, Earnest Zimmerman Docket No.: MJ-09305-LT-0000064-2013 V. Carole L Eisenstein, Keith Eisenstein Participant List Private(s) Richard C. Snelbaker, Esq. Snelbaker& Brenneman PC 44 W Main St Mechanicsburg, PA 17055-6249 Plaintiff(s) Kelly Bailey 110 E.Allen Street Mechanicsburg,PA 17055 Earnest Zimmerman 110 East Allen St Mechanicsburg, PA 17055 Defendant(s) Carole L Eisenstein 312 E Main St 2nd Floor Mechanicsburg, PA 17055 Keith Eisenstein 312 E Main St 2nd Floor Mechanicsburg, PA 17055 MDJS 315A Page 3 of 3 Printed:06/03/2013 1:52:34PM CUMBERLAND COUNTY PRE-PAROLE INVESTIGATION AND ORDER COMMONWEALTH FILE# 53474 CASE NO(S) CP-21-MD-292-2013 CHARGE: INDIRECT CRIMINAL CONTEMPT CP-21-MD-293-2013 CHARGE- INDIRECT CRIMINAL CONTEMPT VS. KEITH YORK EISENSTEIN ATTORNEY: WILLIAM TULLY, ESQ. P.O. : JAIME RIVERA SENTENCE: June 4, 2013, the defendant was sentenced at MD-292-2013, and MD-293-2013, to pay the costs of prosecution, pay a fine of$300 on each docket, and undergo imprisonment in the Cumberland County Prison for time served to 6 months, with credit from March 30, 2013, said sentences to run concurrent one with the other. Minimum Date: 6-4-13 Earned Time Date: N/A Maximum Expiration Date: 9-30-13 Detainers/Charges Pending: No Costs/Fines/Restitution: TBD Supervision Fee: TBD Total: TBD Payment Plan: Yes Prison Adjustment: Satisfactory Residence: 4105 Fawn Square, Apt. M, Harrisburg, PA 17112 Employment: self employed Recommendation of Probation Department: Parole defendant on 6-6-13 with supervision on condition he/she abide by the conditions of his/her parole plan. Probation Officer: Michael L. Piper Approve 4Suervisor ORDER The defendant is hereby granted parole on the above case(s), effective 6-6-13. The defendant is ordered to be and remain in good behavior and comply with the written Cumberland County Court Conditions of Parole, Judge Albert H. Masland Date CCP District Attorney Attorney Adult Probation COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript COUNTY OF CUMBERLAND , Residential Lease Mag. Dist. No: MDJ-09-3-05 Kelly Bailey, Earnest Zimmerman MDJ Name: Honorable Brenda M. Knepper V. Address: 507 North York Street Carole L Eisenstein, Keith Eisenstein Mechanicsburg, PA 17055 Telephone: 717-766-4575 Keith Eisenstein 312 E Main St Docket No: MJ-09305-LT-0000064-2013 2nd Floor Case Filed: 4/29/2013 Mechanicsburg, PA 17055 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plaintiff Defendant Aisoosition Disposition Date MJ-09305-LT-0000064-2013 Kelly Bailey Carole L Eisenstein Judgment for Plaintiff 05/13/2013 MJ-09305-LT-0000064-2013 Kelly Bailey Keith Eisenstein Judgment for Plaintiff 05/13/2013 MJ-09305-LT-0000064-2013 Earnest Zimmerman Carole L Eisenstein Judgment for Plaintiff 05/13/2013 MJ-09305-LT-0000064-2013 Earnest Zimmerman Keith Eisenstein Judgment for Plaintiff 05/13/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Carole L Eisenstein $2,177.20 $0.00 $2.177.20 Earnest Zimmerman $0.00 $0.00 $0.00 Keith Eisenstein $2,177.20 $0.00 $2,177.20 Kelly Bailey $0.00 $0.00 $0.00 Judgment Detail (*Post Judgment) In the matter of Kelly Bailey; Earnest Zimmerman vs. Carole L Eisenstein; Keith Eisenstein on 5/13/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $132.20 $0.00 $132.20 Rent in Arrears $1,900.00 $0.00 $1,900.00 Server Fees* $145.00 $0.00 $145.00 Grand Total: $2,177.20 Portion of judgment for physical damages arising out of residential lease: $0.00 ��ht h)� MDJS 315A Page 1 of 3 Printed:06/03/2013 1:52:34PM Kelly Bailey, Earnest Zimmerman Docket No.: MJ-09305-LT-0000064-2013 V. Carole L Eisenstein, Keith Eisensteih IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY, IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.HOWEVER,LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. �� • . Date Magisterial District Judge Brenda M.Knepper certify that this is a true and correct copy of the record of Me proceedings containing the judgment. Date Magisterial District Judge w MDJS 315A Page 2 of 3 Printed:06103/2013 1:52:34PM Kelly Bailey, Earnest Zimmerman V. Docket No.: MJ-09305-LT-0000064-2013 Carole L Eisenstein, Keith Eisenstein Participant List Private(s) Richard C. Snelbaker, Esq. Snelbaker& Brenneman PC 44 W Main St Mechanicsburg, PA 17055-6249 Plaintiff(s) Kelly Bailey 110 E.Allen Street Mechanicsburg, PA 17055 Earnest Zimmerman 110 East Allen St Mechanicsburg, PA 17055 Defendant(s) Carole L Eisenstein 312 E Main St 2nd Floor Mechanicsburg, PA 17055 Keith Eisenstein 312 E Main St 2nd Floor Mechanicsburg, PA 17055 MDJS 315A Page 3 of 3 Printed:06/03/2013 1:52:34PM l I COMMONWEALTH OF PENNSYLVANIA Request for Order for Possession COUNTY OF CUMBERLAND 1 i Mag. Dist:No: MDJ-09-3-05. Kelly Bailey, Earnest Zimmerman MDJ Name: Honorable Brenda M. Knepper I V. ' Address: 507.North York Street Carole L Eisenstein, Keith Eisenstein Mechanicsburg, PA 17055 Telephone: 717-766-4575 i Keith Eisenstein t 312 E Main St Docket No: MJ-09305-LT-0000064-2013 i 2nd Floor Case Filed: 4/29/2013 Mechanicsburg, PA 17055 Time Filed: 1:51 pm Date Order Filed:06/03/2013 Filing Fees $132.20 Rent in Arrears $1,900.00 Sub Total $2,032.20 Post Judgment Costs $145.00 Total $2,177.20 TO THE MAGISTERIAL DISTRICT JUDGE: The Plaintiff(s) named below,having obtained a judgment for possession of real property located at: 110 E.Allen Street,Mechanicsburg, PA 17055 Requests that you issue an ORDER FOR POSSESSION for such property. Plaintiff: Kelly Bailey Date: Plaintiff Signature: Plaintiff: Earnest Zimmerman Date: Plaintiff Signature: MDJS 311A 1 Printed:06/03/2013 1:52:54PM �cq POOH r - T ' PITNEY BOWES Mark W. Martin t,f • 02 1P $ 000.460 ,,{tom , 00031 391 56 JUN 04 2013 Magisterial Cumberland County MAILED FROM ZIP CODE 17055 Cumberland Courtly District Court 09-3-05 507 N.York St. xhanicsburg,PA 17055-2778 L 7'U 9vi 1' 'L 13 iJ 9•'f 13 C!U u J f U O L_P NOTIFY SENDER OF NEW ADDRESS X105 F A N' S0 APB M HARRISBURG PA 17112-2873 BC' 171.1.2.28.738'5 *0213-08063-05-40 -;::~..:;.•x�t+7 ^• � � p ? #it t iI ;i 1 i f i iia i iiii 9 ilit ii i l ii#i l9�i i i 11 111.1 181 ir4"'PY'r! COMMONWEALTH OF PENNSYLVANIA Notice Of JUdgment(Transcript COUNTY OF CUMBERLAND ;��; Y Residential Lease Mag. Dist. No: MDJ-09-3-05 Kelly Bailey, Earnest Zimmerman MDJ Name: Honorable Brenda M. Knepper V. Address: 507 North York Street Carole L Eisenstein, Keith Eisenstein Mechanicsburg,PA 17055 Telephone: 717-766-4575 Keith Eisenstein 312 E Main St Docket No: MJ-09305-LT-0000064-2013 2nd Floor Case Filed: 4/29/2013 Mechanicsburg, PA 17055 Disposition Details Grant possession. . Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plaintiff Defendant Disposition Dis-position Date MJ-09305-LT-0000064-2013 Kelly Bailey Carole L Eisenstein Judgment for Plaintiff 05/13/2013 MJ-09305-LT-0000064-2013 Kelly Bailey Keith Eisenstein Judgment for Plaintiff 05113/2013 MJ-09305-LT-0000064-2013 Earnest Zimmerman Carole L Eisenstein Judgment for Plaintiff 05/13/2013 MJ-09305-LT-0000064-2013 Earnest Zimmerman Keith Eisenstein Judgment for Plaintiff 05/13/2013 Judgment Summary Participant Joint/Several Liability Individual Liabilitv Amount Carole L Eisenstein $2,177.20 $0.00 $2,177.20 Earnest Zimmerman $0.00 $0.00 $0.00 Keith Eisenstein $2,177.20 $0.00 $2,177.20 Kelly Bailey $0.00 $0.00 $0.00 Judgment Detail ("PostJudgment) In the matter of Kelly Bailey; Earnest Zimmerman vs. Carole L Eisenstein; Keith Eisenstein on 5/13/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $132.20 $0.00 $132.20 Rent in Arrears $1,900.00 $0.00 $1,900.00 Server Fees" $145.00 $0.00 $145.00 Grand Total: $2,177.20 Portion of judgment for physical damages arising out of residential lease: $0.00 bX hi hit MDJS 315A Page 1 of 3 Printed:06/03/2013 1:52:34PM Kelly Bailey, Earnest Zimmerman Docket No.: MJ-09305-LT-0000064-2013 V. Carole L Eisenstein, Keith Eisenstein IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL 1S FILED.HOWEVER,LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Fz� Date Magisterial District Judge Brenda M.Knepper i certify that this is a true ana correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed:06/03/2013 1:52:34PM Kelly Bailey, Earnest Zimmerman Docket No.: MJ-09305-LT-0000064-2013 V. Carole L Eisenstein, Keith Eisenstein Participant List Private(s) Richard C. Snelbaker, Esq. Snelbaker& Brenneman PC 44 W Main St Mechanicsburg, PA 17055-6249 Plaintiff(s) Kelly Bailey 110 E. Allen Street Mechanicsburg, PA 17055 Earnest Zimmerman 110 East Allen St Mechanicsburg, PA 17055 Defendant(s) Carole L Eisenstein 312 E Main St 2nd Floor Mechanicsburg, PA 17055 Keith Eisenstein 312 E Main St 2nd Floor Mechanicsburg, PA 17055 MDJS 315A Page 3 of 3 Printed:06/03/2013 1:52:34PM i I ' i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Request for Order for Possession i Mag. Dist.No: MDJ-09-3-05. f. MDJ Name: Honorable Brenda M. Knepper Kelly Bailey, Earnest Zimmerman Address: 507 North York Street V. j Carole L Eisenstein, Keith Eisenstein Mechanicsburg, PA 17055 i Telephone: 717-766-4575 Keith Eisenstein . 312 E Main St [locket No: MJ-09305-LT-0000064-2013 2nd Floor Case Filed: 4/29/2013 i Mechanicsburg, PA 17055 i Time Filed: 1:51 pm Date Order Filed:06/03/2013 r Filing Fees $132.20 Rent in Arrears $1,900.00 ' Sub Total $2,032.20 Post Judgment Costs $145.00 Total $2,177.20 TO THE MAGISTERIAL DISTRICT JUDGE: The Plaintiff(s) na located at: med below,having obtained a judgment for possession of real property 110 E.Allen Street, Mechanicsburg, PA 17055 Requests that you issue an ORDER FOR POSSESSION for such property. Plaintiff: Kelly Bailey Date: Plaintiff Signature: Plaintiff: Earnest Zimmerman Date: Plaintiff Signature: MDJS 311A 1 Printed:06/03/2013 1:52:54 PM KELLEY BAILEY AND IN THE COURT OF COMMON PLEAS OF EARNEST ZIMMERMAN, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS/RESPONDENTS V. .KEITH EISENSTEIN, DEFENDANT/PETITIONER 13-3445 CIVIL TERM ORDER OF COURT L_? AND NOW, this 0 day of June, 2013, upon consideration of Petitioner Keith Eisenstein's Petition for Leave to File Appeal Nunc Pro Tunc , a Rule is issued on the Plaintiffs/Respondents to show cause why the requested relief should not be granted. This rule is returnable within twenty-one (21) days of service of this order on the Plaintiffs/Respondents by the Petitioner. By the Court, Albert H. MaslaAd, J. v_ Richard C. Snelbaker, Esquire For Plaintiffs/Respondents ",""Andrew T. Kravitz, Esquire For Defend ant/Petitioner :sal MCD 3-- Z�"mmxn.'Lj p =C Orl ZPA tl 1 () r-' -v cc)--r- r Y Richard C. Snelbaker, Esquire w co .,, Attorney ID #06355 ..:_ Snelbaker &Brenneman, P. C. c 44 W. Main Street . Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Kelly Bailey and Earnest Zimmerman KELLY BAILEY and EARNEST : IN THE COURT OF COMMON PLEAS OF ZIMMERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents • v. • • KEITH EISENSTEIN, Defendant/Petitioner : 13-3445 CIVIL TERM NOTICE TO PLEAD TO: Keith Eisenstein, Defendant and Andrew T. Kravitz, Esquire 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 You are hereby notified that you have twenty(20)days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKER&BRENNEMAN, P. C. By: //// ,� LAM OFFICES Richard C. Snelbaker, Esquire SNELBAKER& 44 West Main Street BRENNEMAN, P.C. Mechanicsburg, PA 17055 Date: July f' , 2013 (717)697-8528 Attorneys for Plaintiffs/Respondents Richard C. Snelbaker, Esquire Attorney ID #06355 Snelbaker& Brenneman, P. C. 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Kelly Bailey and Earnest Zimmerman KELLY BAILEY and EARNEST : IN THE COURT OF COMMON PLEAS OF ZIMMERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Respondents . • • v. KEITH EISENSTEIN, • Defendant/Petitioner : 13-3445 CIVIL TERM ANSWER TO PETITION FOR LEAVE TO FILE APPEAL NUNC PRO TUNC AND NOW, come the Respondents, Kelly Bailey and Earnest Zimmerman, and respond to the Petition of Keith Eisenstein for Leave to File Appeal Nunc Pro Tunc as follows: Response as to Introduction A. Petition should be stricken with prejudice for failure to comply with Pa.R.C.P. 206.3 which requires verification of facts not of record. The Petition is not verified. B. Respondents are unaware of an"Order of Court to Strike Judgment entered on May 13, 2013",not having been served with any such alleged Order nor do they have any knowledge thereof. The Petition should be denied because of the absence of cited subject of appeal. LAW OFFICES SNELBAKER& BRENNEMAN, P.C. Response as to Body of Petition 1. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments of Petitioner's places and dates of residence,proof which is demanded if relevant. It is admitted that Petitioner resided at 312 East Main Street, Mechanicsburg, Pennsylvania, from time to time under his lease with Respondents. 2. It is denied that Exhibit "A" is a copy of the records of the Prothonotary. On the contrary, Exhibit"A" is a copy of a portion of a longer document from the office of Magisterial District No. MDJ-09-3-05. 3. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 3, proof of which is hereby demanded. It is noted that Petitioner cites a document but fails to attach it to the Petition in violation of Pa.R.C.P. 1019(i); therefore,the averments should be stricken. 4. It is denied that Petitioner was not properly served with notice of the hearing on May 13, 2013. On the contrary, notice was duly posted on the leased property by Constable William D. Hesse in the absence of Petitioner on April 29, 2013,pursuant to Pa.R.C.P. M.D.J. No. 506. In addition, notice of hearing was mailed to Petitioner by first-class mail to his last known address (312 E. Main Street, Mechanicsburg, PA 17055) by the District Judge; and said letter was not returned to the District Judge; thus,the notice is presumed to have been delivered. It is further averred that"Petitioner's Affidavit"was not attached as Exhibit`B" (or by any other designation);therefore,the averment as to the affidavit is denied. Exhibit C is admitted. LAW OFFICES -2 SNELBAKER& BRENNEMAN, P.C. 5. It is denied that the decision by the District Judge was in favor of the Defendants. On the contrary, it is averred that the Order was in favor of the Plaintiffs (the Respondents herein). 6. After reasonable investigation,Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments as to Petitioner's receipt of notice of judgment on June 8, 2013,proof of which is demanded. 7. It is denied that the Prothonotary of Cumberland County entered any Order in favor of the Defendant(s), said officer having no jurisdiction over the issues in this case. It is further denied that Exhibit"D" is a matter from the Prothonotary of Cumberland County; on the contrary, it is a Notice from the District Judge from Magisterial District No. MDJ-09-3-05. 8. It is denied that Notice of Entry of Judgment was not properly served on Petitioner. On the contrary, notice was served by first class mail in accordance with Pa.R.C.P. M.D.J. No. 574C. 9. It is denied that the several notices mentioned in the Petition were sent to incorrect addresses. On the contrary,the District Judge sent the several notices to Petitioner's last known address, to wit: 312 East Main Street, Second Floor, Mechanicsburg, PA 17055. 10. It is denied that the offices and departments of the Magisterial District Court 09-3-05 were negligent in serving Petitioner with the required notices. On the contrary, in all cases, the District Justice made proper service as averred in paragraphs 8 and 9 hereinabove. Petitioner's reference to "his case against the Defendant" is fictitious and,therefore, is deemed to be denied. Respondents know of no such case. -3- LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 11. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of all of the averments in paragraph 11, proof of which is demanded and;therefore are deemed denied. 12. It is denied that there are any pleadings in the magisterial court procedures known as "Praecipe to Enter Judgment on the Verdict" and"Notice of the Verdict entered by the Prothonotary of Cumberland County"; therefore no notice of such need be given. It is further denied that the hearing notices and the notice of judgment were not properly served on Petitioner. The reasons for denial are incorporated herein from paragraphs 8, 9 and 10. 13. The first sentence of paragraph 13 is admitted. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the second sentence,proof of which is demanded and, therefore, is deemed to be denied. 14. The facts averred in paragraph 14 are accepted as true based upon statement by counsel. Respondents agree that the filing date was June 12, 2013. Thus, Petitioner admits that he was negligent in failing to properly determine the last day for filing an appeal. 15. For all the reasons set forth in the foregoing fourteen(14)paragraphs,which are incorporated herein, it is denied that the Magisterial District Court MDJ-09-3-05 was negligent, but, on the contrary, said Court acted in all cases in accordance with applicable law. 16. It is denied that the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania had any duty to provide and serve Petitioner with Notice of Judgment from the District Judge. All required notices lawfully originated in the Magisterial Court and were duly served in accordance with law. LAW OFFICES SNELBAKER& -4- BRENNEMAN. P.C. NEW MATTER 17. Petitioner places all blame for missing the appeal filing date on the District Justice and"Prothonotary". However, Petitioner admits that on June 8, 2013, he learned of the various notices (which contained appeal requirements) indicating thirty (30) days from date of judgment (May 13, 2013)which made the deadline June 12, 2013. His attempt to file on June 13, 2013 was his fault in failing to properly calculate the last day for filing. WHEREFORE,the Rule to Show Cause and the Petition for Leave to File Appeal Nunc Pro Tunc should be dismissed with prejudice. Respectfully submitted, Date: July y , 2013 By: Snelbaker& Brenneman, P. C. (1/42,a4-4<.--7 Richard C. Snelbaker Atty. ID #06355 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs/Respondents -5- LAW OFFICES SNELBAKER& BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Answer 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. Earnest Z' merman Date: July g , 2013 VERIFICATION I verify that the statements made in the foregoing Answer 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. Kel B Y Date: July 5y, , 2013 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, RICHARD C. SNELBAKER, ESQUIRE,hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer to Petition For Leave To File Appeal Nunc Pro Tune to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Andrew T. Kravitz, Esquire 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 SNELBAKER& BRENNEMAN, P.C. By: - Richard C. Snelbaker, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Date: July S , 2013 Attorneys for Plaintiffs/Respondents LAW OFFICES SNELBAKER& BRENNEMAN, P.G.