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Home My WebLink About99-07297iq .o etft. aft Vr ILILILi?L?ILI?IP JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na. 99, ?/0(7 NOTICE OF APPEAL N I] I 2-2'nI a Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice o the dale and in the case mentioned below. wnw r - neC Oi (itwr?ttl f ?a'r) _3 1 l OJ vs r n,sruuE OF iron M Arr r Y oa ,scEr+r Cv 19 1 ;1 ) A I J ? IT 19 V J& This block will be signed ONLY when this notation is required under Pa R.C.P.J.P. No If appellant was CLAIMANT (see Pa. R.C.RJP. NO. 100813. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possess in this case FILE A COMPLAINT within twenty (20) days after A111 , 2 n ? L) filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.JP. No. 1001(7) in action before District Justice_ IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prodaonota Enter rule upon I 'A oppellee(s), to file at complaint in this oppc l ae oaelkws) (Common Pleas No ?7Y` /oZ?9 /f mpithn twenty (20) days after service of rule or suffer entry of judgment of none pncy RULE: To- 2V Vy 1 ? , appellee(:). name asperoos) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. Dafa1 194 (3) The date of service of this rule V service was by mail is the date c raPC 312.6,6 COURT FILE TO BE FILED WITH PROTHONOTARY u o CIL i?IL,I t• U N M n. M I V ti-I O Q? tr n =, cn J J IT_1CL a U VJ on, ?__ JJ ( - ^rl ao se,ld w uarssimmoo ALy 1"'no la ap!1 oaew seu ;rncprpv mogm am;aq jeio4;o to 0, jJva rs )ueq/e /o e?nleu6/S -6L dO AVO - SIHl 3W 3HOd3e 039luosens ONV (03WH13aV) NHOMS olataq pagoetle ldlooat s,Japuas 'pe:w (patalsl6ai) (palliltao) Aq C] aolAJas leu0stad Aq Q'-6L ' uo passatppe seta alnH aql wogMol(s)aalladdeagluodnleaddV/oaolloNanogeagl6ulAuedwoooeluleldwoOeapjololnHaq;PoAtasllegltaglUn/Pue 0 'olataq pagoelle idlaoa s,japuas 'I!ew (paials!6ai) (pagluao) Aq E] aaltuas leuosiod Aq C] 61 ' uo' (aweu)'aalladde aql uodn pue'olajaq pagogju ldlaoal s,lapuas 'Ilew (palalsi6aj) (paglllao) Aq p aolAJas leuosiod Aq E] ' (ao!Aias /o olep), uo ulalagl PaWu61sap agpsnf loulsl0 agl uodn ON seald uowwoO'IeaddV to aopON agl;a Adoo e Ej peAlas I legl w,n/)e ao jeatns Agalay I :11AV01-4dV ss ! 30 A1Nnoo VINVAIASNN3d 30 H1lV3MN0WW00 (sexoq elgeogdde Naayp 7eadde /o ao!!ou oy! 6uy!/ H313V Sri VO (tJt / N31 NIHlIM 03113 381SI7W ao!A?as /o /oo?d s!y1 J 1NIVIMOO 311-4 01 31nu GNV lV3ddV -40 30110N -40 301AH3S -40 -400ad COMMONWEALTH OF PENNSYLVANIA rnl wry r)F- CUMBERLAND 09-3-05 DJName: Nan. GAYLE A. ELDER AEd'mff: 507 N. YORK ST. MECHANICSBURG, PA Takpmw (717 ) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE rROLO COURT NAME aW ADDRESS 4775 N.SHERMAN ST. EXT. BOX 1 LMT WOLF, PA 17347 J VS. DEFENDANT: NAME am ADDRESS f-WERTZ, WILLIAM 1 13 ROLO COURT MECHANICSBURG, PA 17055 WILLIAM WERTZ L J 13 ROLO COURT DocketNo.: LT-0000317-99 MECHANICSBURG, PA 17055 Date Filed: 11/15/99 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT =OHM PL•TF U Judgment Via- artarcd'or: (Noma) ROLO COURT Judgment was entered against WERTZ, WILLIAM 0 Landlord/Tenant action in the amount of $ 614.00 on 11 23 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 in a 99. (Date of Judgment) .00. Total Amount Established y3[?J _,Oess$Security Deposit Ap?li*d- Rent in Arrears Physical Damages Leasehold Property $ .00-$ .00 = Damages/Unjust Detention $ _no -$ _ no -- Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount Attachment Prohibited/ Judgment Costs ? Victim of Abuse (Act 5, 1996) Attornev Fees This case dismissed without prejudice. ® Possession granted. H Possession granted if money judgment is no sa Is le y Possession not granted. U Levy is stayed for days or Lj? generally stayed. ? Objection to Levy has been filed and hearing will be held: $ _nn $ _on $ 534.50 $ 79.50 $ _nn $ 614.00 ? Defendants are jointly and severally liable. 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 COURTS OF, THE couhT_OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUP.ERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLjRfC OF. COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS.ON THE DATE THE APPEAL IS FILED,- IF A PARTY WISkES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIpENTIAL'I:EASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WItA THE PROTHONOTARYICLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, `J THE PARTFILeq N APPEAL MUST INCLUDE A*J r IS NOTIC G1 ENTRpANSCRIPTr FORM WITH THE NOTICE OF APPEAL. i / *,V : ", XDate My commission expires first Monday of January, 2002 AM r.a,sa.o Distf ict Juslice SEAL i Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total CerdfiW Fee Special Deerory Fee i? Z 029 357 439 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Ir t i I I i" t i . I tL. i s .33 m TOTAL Postage a Fees $ ol• `"?,? W posbnadc or Uata LL fa(r? ? o. • I I Iti .'l 1! ', lrttreeM'i z 029 357 438 US Postal Service Receipt for Certified Mail No insurance coverage Provided. Do not use for International Mail See reverse , m 0 O V) T a i 1 I I ,a r t TI 1 1 r r t i . f rte P m reet & Nu or 69•.3.0S1 07 I P Ofe UIa,aZPCode 7e v 70 S Postage $ 3 CeNfied Fee (1 special Delivery IN Restricted Delivery IN Saturn Recdpt Showing to Whom & Date Defiwred A ? S RMmhemp%vngpTdom, Date.A Addressee); Addess TOTAL Postage & Fees s ry a - C3 6 Posanark or Date g a NOTICE OF APPEAL y C&6RONS?EALTN Of PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT r' COMMON PLEAS Na 9 7 !UIf NOTICE OF APPEAL - Notice is given that the. appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the :. daft and in the case mentioned below (.. /1 (?GIU ?1 AJ?f`:?? •f l- cry Ol rerA,, ??J i Z.' C( N t- \'"Q ?1 T K ?Jv vvl WI?.. Il; 1?- r yam- ME or AwULW (?R HS AT TO C* AGMT Lnn,.?. CV 19 V J JJ LT 19 61 l/" This black will be signed ONLY. when Hs'notation is required under Pa. RICPJP. No I( appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088 Thu Notice of Appeal ;when. recened .bY,, the District Justice, will operate as a 1001(6) In action before District Justice, heMUST SUPERSEDEAS to't-1.1 I for p(gS's in this case \ FILE A COMPLAINT within twenty (20) days after C?-C"-- 2_ -624 '/ IJ6 1? (iling.his NOTICE of APPEAL. signature, oTProthon or ty0epua ty0epu t • PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND. RULE TO FILE (This section of fcrrn to be used ONLY when appellant was DEFENDANT (see Pa. RC.P.JP. No. 1001(7) in action before Distrlot Justice. IF NOT USED, detab? ?.fiom copy of notice: o(:appeal to be served upon appellee). PRAECIPEs To Prothoro Enter rule upon 1 C --s0 6 , appellee(s), to file a complaint in the appeal Name or araeI/W C/ U wentY (20) days after service of rule or suffer.entry of judgment of non pros t? lv -" 1 Common Pleas No ithm t _ t d a ettanes• a RULE:. To 2G• YC? appe1 !) - Name of espeleelsl . (1) You are ratified that a mle,rs,hereby entered upon you to file a complain,: h this appeal within twenty (20) c*s,aftc+ the'dafe of, service of. this rule upon you.by'.persaal service or by certified or registered mail - (2) If you do not file o 'complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dale of service of fhn rule if semce was by mail is the date of marling Do>e: E? C- ati, syDlue of FloaWntery a Do" - r. 1 .7 I ADPCarzas COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) .COMMONWEALTH OF PENNSYLVANIA COUNTY OF r/-//ul /'17?A Mn: n? t , 68 AFFIDAVIT: I hereby swear or affirm that l served O a copy of the Notice of Appeal. Co6tion Pleas No. q - -f-'- 4 upon on the District Justice designated therein on (date of service) -J!n-?,--- ? by personal service R by (certified) (registered) mail, senders receipt attached hereto, and upon the appellee, (name) _r!?o/o /lour h , on '19" ? by personal service jZ by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appe I feels) towhom the Rule was addressed on . Z'2'(3fg9 , tg? 11 by personal serviceZ) by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME . THIS DAY OF Signature of a!/iant Signature of official bolor whhom affidavit was made ?Tiflo of olficla/ • r - My commission expires on ?PlEit?W V rw?? ? . Convrwfrbn "?' Q o a c ° . , R t r rr i ?x c ? - ?. ., ° m r? ;- ] ^ U E c to c _ o rn , s S O O _Xl ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT Plaintiff CIVIL ACTION - EQUITY VS. WILLIAM R. WERTZ Defendant No. 99-7297 Civil Term PRAECIPE To The Prothonotary: In accordance with Pa.R.C.P.D.J. No. 1006, please mark the Appeal stricken from the record in that Appellant failed to comply with Pa.R.C.P.D.J. No. 1005(B) by filing the Proof of Service within ten (10) days after filing the Notice of Appeal. KATHERMAN & HEIM, P.C. DATE: December 23, 1999 W. D. No. 23155 345 E. Market Street York, PA 17403 (717) 854-5124 Attorney for Defendant January 3, 2000, Appeal Stricken. Curtis R. Long, Prothonotary qFY: A o / //07A,t fa/ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following person on this date by depositing a copy ofsame in the United States mail, postage prepaid, addressed as follows: John R. Beinhaur, Esquire Beinhaur & Curcillo 4650 Fritchey Street Harrisburg, PA 17109-2813 DATE: la,Q ?1-9 9 L. C. Heim Attorney for Defendant I.D. No. 23155 KATHERMAN & HEIM, P.C. 345 E. Market Street York, PA 17403 (717)854-5124 . IL- -- n.r yy P1 , ? `' : _ . 1 ? .. Vim li ? ? 1 .1! L i?i5 .. F a 1 r!.111 ? `ti ??, t.1 ? ? . , r?. i ;r; ,r ,. . . fr i': ,.1 >, i , ' i ? :., l' :. .. ? '..? i;:i o®® IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT CIVIL ACTION - EQUITY Plaintiff VS. WILLIAM R. WERTZ Defendant No. 99-7297 Civil Term NOTICE OF FILING JUDGMENT ( X ) Notice is hereby given that the Appeal in the above-captioned matter has been stricken.on .. hw 3 , 4r>nn. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed. a? Prothonotary Civil Div. r If you have any questions regarding this Notice, please contact the filing party: L. C. C. Heim Attorney for Defendant I.D. No. 23155 KATHERMAN & HEIM, P.C. 345 E. Market Street York, PA 17403 (717) 854-5124 (This Notice is given in accordance with Pa.R.C.P. 236) Notice sent to: William R. Wertz c/o John R. Beinhaur, Esquire Beinhaur & Curcillo 4650 Fritchey Street Harrisburg, PA 17109-2813 9 ) r ^ lo F C f }d w 1 ^ f All y ?? YI u * f -I 3 Y ? < S R ?^ fs+ Z ti ? , _ ?1 f ^ ^'. f l ? ^ ^ i i i? xJ .? 1s iA i ? t t t ? ? , q S G? f J-t '4 t ? ) fi + t ; , ROLO COURT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY WILLIAM R. WERTZ, . Defendant NO. 99-7297 CIVIL TERM ORDER OF COURT AND NOW, this ZAay of January, 2000, upon consideration of Plaintiff's Petition for Release of Escrow, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Wesley 01 L.C. Heim, Esq. 345 E. Market Street York, PA 17403 Attorney for Plaintiff John R. Beinhaur, Esq. 4650 Fritchey Street Harrisburg, PA 17109-2813 Attorney for Defendant :rc 'Cap't." /mzb R93 c ° o _ „n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT Plaintiff VS. WILLIAM R. WERTZ Defendant AND NOW TO WIT this Civil Action - EQUITY No. 99-7297 Civil Term ORDER day of January, 2000, upon consideration of the averments in the attached Petition, it is hereby ordered that the Prothonotary release the funds being held in escrow to the Plaintiff. By the Court, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BOLO COURT . Civil Action - EQUITY Plaintiff VS. No. 99-7297 Civil Term WILLIAM R. WERTZ Defendant PETITION FOR RELEASE OF ESCROW AND NOW TO WIT, this 14ww day of January, 2000, comes the Plaintiff Rolo Court by its counsel, L. C. Heim, Esquire, and petitions the Court to enter an Order allowing the release of escrow funds for the following reasons: 1. On November 23, 1999 judgment was entered in favor of the Plaintiff and against the Defendant on a landlord/tenant action before District Justice Gayle A. Elder in the amount of $614.00. 2. On December 3, 1999 Defendant filed an appeal to this Court from that judgment to the above-referenced number. 3. On or about December 3, 1999 Plaintiff paid the sum of $614.00 into the Court as security for his appeal, which sum is currently being held by the Prothonotary. 4. On January 3, 2000 the appeal of the Defendant was stricken for Appellant's failure to comply with PA. R.C.P.D.J. 1005(B). 5. Defendant has not sought to have the appeal reinstated. 6. Plaintiff requests that the funds be released to the Plaintiff in order to satisfy the judgment. WHEREFORE, Plaintiff requests that the Court issue an Order directing the Prothonotary to release the funds held in escrow to the Plaintiff. L. . Heim A orney for Plaintiff I. D. No. 23155 VERIFICATION I, hereby verify that the statements in this Petition are true and correct to the best of my knowledge information and belief. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Sec. 4904, relating to unsworn falsification to authorities. DATE: Car a n{ yer CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following person on this date by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: John R. Beinhaur, Esquire Beinhaur & Curcillo 4650 Fritchey Street Harrisburg, PA 17109-2813 DATE: ?l /Z 00 L C. Heim Attorney for Plaintiff I.D. No. 23155 KATHERMAN & HEIM 345 E. Market Street York, Pa 17403 (717) 854-5124 --? ?_ CL. aJ L'1 ?? L'l? U_ p j O O U Wz w W a 0 0 `N w w E g 02E W SW . . a ,a s WU > H O Z O z z ? w W V1 LU ? cli H z n Wr- U o O 3a O H W £? U H H _ x U ? > H . O a W Z z G a a QI . a g M 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT Plaintiff CIVIL ACTION - EQUITY VS. WILLIAM R. WERTZ Defendant . No. 99-7297 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF YORK 1, L. C. Heim, being duly sworn according to law,doth depose and say that on this date I served a true and correct copy of the Order of Court, in the above-captioned matter on Defendant's Counsel, by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: John R. Beinhaur, Esquire, 4650 Fritchey Street, Harrisburg, PA 17109-2813; and on the Defendant addressed as follows: William R. Wertz, R.D. #2, Box 63-C, Newport, PA 17074. C. Heim, 1. No. 23155 Sworn and subscribed to before me this 31st day of January , 2000 'ARY PUBLIC Nctorlol 9eol R=WW M. Morrill, Nol3ry Pubttb York City. York County. PA My corMMISSion rxplros April 1. 2003 i J By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT . Civil Action - ER?' Plaintiff VS. WILLIAM R. WERTZ No. 99-7297 Civil Term Defendant ORDER AND NOW TO WIT this -•.J kay of March, 2000, upon consideration of the averments in the attached Motion, it is hereby ordered that the Rule is made absolute, and that the Prothonotary is ordered to release the funds being held in escrow to the Plaintiff. x,00 J :pi tl 1 c IUk GO ;CLi iY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROLO COURT . Civil Action - EQUITY Plaintiff vs. WILLIAM R. WERTZ Defendant No. 99-7297 Civil Term MOTION TO MAKE RULE ABSOLUTE 1. On January 25, 2000 the Court entered a Rule upon Defendant to show cause why Plaintiff's Petition for release of escrow funds should not be granted. 2. A copy of the Rule was sent to the Defendant at his last known address and to his counsel of record. 3. An Affidavit of Service dated January 31, 2000 was filed with the Court on February 2, 2000. 4. Neither Defendant nor his counsel has responded to the Rule which was returnable within 20 days of service. WHEREFORE, Plaintiff requests that the Court issue an Order making this i Rule absolute and directing the Prothonotary to release the funds held in escrow to the Plaintiff. L. •ney for Plaintiff No. 23155 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following person on this date by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: John R. Beinhaur, Esquire Beinhaur & Curcillo 4650 Fritchey Street Harrisburg, PA 17109-2813 DATE: 3- 3-00 William R. Wertz R.D. #2, Box 63-C Newport, PA 17074 L. CD Heim Attorney for Plaintiff I.D. No. 23155 KATHERMAN & HEIM 345 E. Market Street York, Pa 17403 (717) 854-5124 i t r _ -?- G } - I r- 2-* f w P44 w x ? F E H _ PH E ; o , o . w as ; w O' W N ZO D Q i r q W H f7 . E-1 r. E cn ilu s 1 N U l x a n r ii i m 1 Q u O D ro a xarnti a. H 0 xa -. t 1