Loading...
HomeMy WebLinkAbout08-1330 C6MMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of fu???/Z ;? "'? 49 _ 3 - csq NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT A/ZF/D COMMON PLEAS No. oy- /3,3,0 L•A- "' L 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 date and in the case referenced below. NAME OF APPELLANT T MAG. DIST. NO. NAME OF D.J. ?//'?f 02 CI 3 "4_ )91 L DRESS APPEA AD _? $TATEPGef CE `4 ZIP CODE 6,027 /'Io c u ,2, ?A o - DATE OF JUDGMENT IN THE CASE OF (Pleinfilf) (Defendent)' I? vs DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT G%-Uo0©c, ?3 -- p? This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. C.P.D. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLA T MUS E FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. t-c < )WI, t Signature of Prothonotary or pity 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.C.P.D.J. 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 Prothonotary Enter rule upon V/1 e /" Cr A17.5 Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ?. 3 36 (ALU within twenty (20) days after se ice of rule or suffer entry of judgment of non pros. Signature f appellant or affomey or agent RULE: To 0C appellee(s) Name ofa ee(s) (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: p 20 b tV ign u of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF '20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 Q G r_ r ' +?7 g rr to rtOMMONWEALTH OF PENNSYLVANIA r" r,.nl INITV nF. CUMBER Mag. Dist. No.. MDJ Name: Hon. 09-3-04 THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone. (717 ) 761-8230 17050 RICHARD FRITZ 6027 MOCKINGBIRD DRIVE MECHANICSBURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS FVILLAGE ASSOCIATES 1000 N. FRONT ST. SUITE #500 LNORMLEYSBURG, PA 17043 J vs. DEFENDANT: NAME and ADDRESS FFRITZ, RICHARD 6027 MOCKINGBIRD DRIVE MECHANICSBURG, PA 17050 L -? Docket No.: LT-0000093-08 Date Filed: 2/05/08 THIS IS TO NOTIFY YOU THAT: Judgment: OR PLAINTIFF - I ?J Judgment was entered for: (Name) VILLAGE ASSOCIATES, Judgment was entered against FRITZ, RICHARD in a Landlord/Tenant action in the amount of $ 111.00 on 2/19/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Rent in Arrears $ .00-$ .00= Physical Damages Leasehold Property $ .00-$ . 00= Damages/Unjust Detention $ -00 -$ -0 - Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ?% Possession granted. ? Possession granted if money judgment i ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated Amount .00 $ .00 $ _00 $ .00 $ x_ 00 $ :00 $ 111.00 $ .00 $ 111.00 ? 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 COURT OF COMMON PLEAS, CIVIL DIVISION. 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. IF A PARTY WISHES TO APPEAL ONLY 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. Q9 Date ?./ Magisterial District Judge certi y that t ii?s is a true an py o f cor o t e proc s containing the judgment. IC E Date Magisterial District Judge My commission expires first Monday of January, 2010. SEAL AO PC 315A-06 r/ • y Cy O co M PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAi (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeaL Ch cIC applirle b-s; f rya n COMMONWEALTH OF PENNSYLVANIA c,,a COUNTY OF ?A ; ss < AFFIDAVIT: U/ a copy of the Notice of Appeal, Common Pleas • j jp , upon the District Justice designated therein on (date of service) -k , 204 , L3 by personal service ;d by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) L„? kiFS on 20 O' Li by personal service by (certified) (registered) mail, sender's receipt attached hereto. THIS I hereby (swear) (affirm) that I served (SWORN AFFIRMED) AND SUBSCRIBED BEFORE ME --?' DAY OF rl? LL Signatu of official b fo wh a it w& made t of official o jf4,? 'It bis L My commissio expires on -.1???. ?a , 20d? COMMONWEAL Tm Ul- PENNSYLVANIA Notarial Seal Jafnes K Robinson, Notary Public Ca,Jifs±e Bono, Cumberland Countv ?reE ,t t ^nJ,t niN Associ.afion of Notaries GUMMUNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of e(_.- 4< 4 t A X 1) <1 1 -04. NOTICE OF APPEAL FROM DISTPJCT JUSTICE JUD T CONMQN PLEAS No. i UP 4; NOTICE OF SAL 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 date and in the case referenced below. ,A f 2 G ! - C/o C2,0v 1'3 --- p 9- notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. s?tunr d" vs If gAOSRS& was chvirnent (see Pa. R DQ No: 1001(8) in action before a District Justice, A COMP" T MUST FILED within twenty (20) days after frtiV the NOTICE of APPE4L. PRAECIPE TO ENTER RULE TO RILE COMPLA WT AND WJL, E TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. AF NOT USED, detach from copy of notice of appeal to be served upon appeNee. PRAECIPE: To Prothonotary Enter rule upon V/C ( ! ,r >?i s? C 1 /l fzS appellee(s), to file a complaint in this appeal Name of spp@#Ws) (Common Pleas No. within twenty (20) days after see of nude or suffer try of judgment of non pros. s 1 f ,_.., $ign?ure appeNntlt ?Y G/ agent RULE: To appeilee(s) ?' _...... f, (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 dq.notfrle avGAmplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of isR gale if service was by mail is the dam of the mailing. ) Date: 20 of Prothc?ptsry ar Deputy Y9U,Ff3?S ' M CLUM A Cosy OF THE NOTICE OF JU T/TRJArNSCRIPT FORM VI(ITH fM=E OF APPEAL.. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE r' Ln ra . a . . :. • . -0 For delivery into M M 2 Postage $ 4 M L'FrW Fee ? M Postmark CI Return Receipt Fee Here O (Endorsement Required) Ct Restricted Delivery Fee C3 (Endorsement Required) _0 Total Postage & Fees ru t Ta Street, Apt. No.; or PO Box No. Cityuate, ZIP+a (Domestic Mail Only; No Insurance Coverage For delivery information visit our website at www.u m m 1.- Postage $ 0 B Ce rtified Fee ,-- m ? Return Receipt Fee Postmark Here O (Endorsement Required) ` ' 0 Restricted Delivery Fee M (Endorsement Required) ca -0 Total Postage & Fees ru ---- Street, Apt. No.; w or PO Box Not iC)t, City, te, ZIP+4 ` t `A1',1 VILLAGE ASSOCIATES, Plaintiff V. RICHARD FRITZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008 -1330 CIVIL TERM Defendant ¦ Complete items 1, 2, and 3: Also complete item d 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 back of the maiipiece, or on the front If space permits. 1. Article Addressed to: JTTnaR THOMAS A PT,AC'FY 104 S RPnRTTNG HILL RD MECHANTC:SBTTRG PA 17050 A. IQHa re x ? Agent ? Addressee B. J4pWved by (lsifofed Name) C. Date of Delivery D. Is delivery address different from ftrn 1? ? Yes If YES, enter delivery address below: ? No ype 4 3. T 1 ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? Pit Fee) Q Yes 2. Article Number 7007 2680 0003 0343 6458 (Transfer from aervjm /abet) PS Fonts 3811, February+2004 tfwwMMs IIM llrrwyt 102505-024A-1540 1• 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 back of the maiipiece, or on the front If space permits. 1. Article Addressed to: e W A. ? Agent X ? Address C- loy D. Is delivery address dNferent from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service type ertifled Mail ? Express Mau ? Registered ? Return Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Delhrer)/ ODft Fee) ? Yes 2. mArticie Number onswtm 7007 2680 0003 0343 6465 (liansfer born service hba _ -- ^ -- 03 04 4 r-L-.-... 9flfll 1 ... 3Pt:.r 102595-02-WIMO r C -TI r CD r -iS'e VILLAGE ASSOCIATES, Plaintiff VS. RICHARD FRITZ, Defendant IN HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008 - 1330 CIVIL TERM : IN ASSUMPSIT PETITION FOR RELEASE OF FUNDS NOW comes Harold S. Irwin, III, Esquire, attorney for defendant, and presents this petition for release of funds, representing as follows: 1. Petitioner is Richard Fritz, defendant in this matter. 2. On February 19, 2008, plaintiff obtained a judgment for possession of real property located at 6027 Mockingbird Drive, Mechanicsburg, Pennsylvania and for $111.00. 3. On February 28, 2008, defendant filed an appeal of the judgment, paying into Court the amount of the money judgment of $111. 4. Following the appeal, the parties negotiated a settlement of the case. The settlement involved various actions which defendant was to complete at the property on or before April 30, 2008. 5. On April 30, 2008, the property was inspected by the plaintiff's agent, who indicated by letter of the same date that the work had been completed and that upon plaintiff's receipt of he $111 which has been paid into Court, the judgment against the defendant would be satisfied. A copy of this letter is incorporated herein by reference and attached hereto as Exhibit "A". 6. No judge has been involved in this case. WHEREFORE, petitioner requests your Honorable Court to order and direct the Prothonotary to release the $111 to the plaintiff and to settle and discontinue this matter with prejudice. May 15, 2006 HAROLD S. IRWIN, III Attorney for petitioner 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION The facts stated in this petition are known to petitioner's counsel, Harold S. Irwin, III, who certifies that he is authorized to execute this verification on behalf of petitioner. The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. May 15, 2008 HAROLD S. IRWIN, 111 Attorney for Petitioner EXHIBIT "A" 04/30/2008 00:14 717-731-0850 R V G ;.?N" ? "tom ? r ? ,? •., Village Associates 1.000 N. Front Street Suite 500 I'Vorm.leysburg, PA 17043 MANAGEMENT c' April 30. 2008 Richard Fritz 6027 Wckinabird Or_ Mechanicsburg, P.A 17050 RU: Village Associates v. Richard Fritz 6027 Mockingbird Dr. Dcar Mr, Fritz: T inspected your home today. All of the requested work has been completed, building materials have been removed, and the trailer is out of the yard. T noticed that you are in the process of fixing the yard. Upon. payment of the $1,11,00,1 will satisfy the judgment against you, feel free to contact me at 717-731-0700, Sinc ly, Fa.rriih S. Arpin. Property Manager Cc: Harold S. Trwin, :Esq. (fax: 243-9200) CORPORATE OFFICE 1000 North Front Street, Suite 500 - Wormleysburg, PA 17043 Telephone. 717-731-0700 - Fax: 717-731-8580 - www,rvgmenagement.cam VIRGINIA OFFICE 6912 Three Chopt Road, Richmond, VA23226 Telephone: 804-868-8000 - Fax 804-868-8008 PAGE 01/01 ?. ; r., " -? : > ti? ?• - t c.? _ ' -? . ; -3-; ,.,?? : ? ?s ?_ ?.s:? r, ? , . ._ z? ?: W s a ?/ HAROLD S. IRWIN, 111, ESQ ATTORNEY ID N0.29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2436090 ATTORNEY FOR DEFENDANT VILLAGE ASSOCIATES, Plaintiff Vs. RICHARD FRITZ, Defendant IN HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 1330 CIVIL TERM IN ASSUMPSIT ORDER OF COURT t ?J. PrM e, ??,: not, I hero unn." ?X' l my hand NOW, this .22 day of , 2008, on petition of Harold S. Irwin, III, Esquire, attorney for defendant, the Prothonotary i ordered and directed to pay over to the plaintiff the sum of $111.00 now on deposit and to settle and discontinue this matter, with prejudice. By the Court, 4 4f, ? a Wm- Y DATE May Ly, zuub _ PAY TO THE ORDER OF Villages Associates I $ 111.00 CUMRERLA". C0.- T doll PROTHONOTAR.¢ -L I SQ DOLLARS 8 AMC ORRsTmN BANK IJA EY i 08-1330 Village vs Fritz "Release Rent" 000 L 480um 40 3 L 3 L 50 361: 108 L L L L 7 t- ,?} LLJ j ti t 13001705292008 Cumberland County Prothonotary's Office Pa ?e 1 PYS405 Manual Release Check Register 5/2/2008 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3686 VILLAGE ASSOCIATES Check Date: 05/29/2008 Check No.: 1780 RENT 2008- 01330 PYMT/CHECK 111.00 2/28/2008 Payee total: 111.00 -------------------------------------------------------------------------------- Grand total: 111.00 ? b HAROLD S. HININ, III, SSQ ATTOMEY RD NO. 211101 "SOUTH PITT STIUII!rr CARLISL! FA 17013 (717) 2434030 ATTORNCY FOR 011FRNDANT wunw? VILLAGE ASSOCIATES; PlalntlA Vs. RICHARD FRITZ, Defendant IN HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 1330 CIVIL TERM IN ASSUMPSIT ORDER OF COURT A NOW, this I day of K& , 2008, on petition of Harold S. Irwin, III, Esquire, attorney for defendant, the Prothonotary is ordered and directed to pay over to the plaintiff the sum of $111.00 now on deposit and to settle and discontinue this matter, with prejudice. By the Court, C? FILE[)-,,-r-,- "E THTRRy Zt€tr' 2$ At l 5Q CUB t t;v;6,,, srt„ t v HAROLD S. 011111, 10, UQ ATTORNEY 0 NO SIGN k SOUTH PITT STREW CARLISLE PA 17517 (717) 2474000. ATTORNEY ROR SSFENOANT VILLAGE ASSOCIATES, Plaintiff Vs. RICHARD FRITZI Defendant : IN HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : "CIVIL ACTION - LAW : NO. 2008 - 1330 CIVIL TERM : IN ASSUMPSIT PRAECIPE TO SETTLE AND DISCbNT1NUE To the-Prothonotary: Please mark this case settled and discontinued, with prejudice. `i'' ` June -91 2008 FARRAH S. ORPIN Agent for Plaintiff Village Associates 1000 N. Front St. Suite 500 Wormleysburg, PA 17043 717-731-0700 HAROLD S IRWIN, III Attorney for Pla of Harold S Irwin, III, Esq Attorney ID No.: 29920 64 S Pitt Street Carlisle, PA 17013 717-243-6090 (`) cx° "' j ' c.._ -a' s t") C5 MM co