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Home My WebLink About02-2389COaA~I~EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cu.~berland County JUDICIAL DISTRICT N£nth Judicial District NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (~-- ~(~ 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 mentioned belo~ Wells Fargo Home MortRaRe, Inc. 09-3-0] t Nome Camnus Des Moine~ IA ~D328-00~ 4/18/02 Charles D. Orndor~ vs We11.~ Fmr~n Hmrnm HnrC~m~e. Ine cv ~b ~ck will ~ ~ ~LY ~ ~is ~ is ~uimd u~ P~ R~J~. ~ If ~1~ ~ ~LAIMANT (~ ~. ~.~.p.~.p. No. 1 ~8K T~s ~t~ of A~I, ~ mc~ ~ t~ Distr~t Jus~e, will ~ ~ a 1~1(6) in ~PERSEDEAS ~ ~ j~ ~ ~ssesd~ in this ca~ FILE. A COMPLAINT within t~y (20) d~ after filing his ~TICE of A~EAL. S~ of ~t~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fora3 to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P, No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonotary Enter rule upon Charles D. Orndorff Ne~e of a/~oe#ee(s) RULE: Charles D. Orndorff Na~e of appe~e~s) , oppe#ee(s), to file a complaint in this appeal h,~nty (20)days after service o~ or ~ ~)~,~f~udgment of non pros. (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within tw~tty (20) days after the date of service of Ibis rule upon you by personal service or by certified or registered mail (2) If you do not file a coml~int within this time, a JUDC, M~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: May 15 AOPC3~2-90 COURT FILE TO BE FILED WITH PROTHONOTARY 05/i5/2002 3.8:59 7'[7334033F= COMMONWEALTH OF PENNSYLVANIA COUNTY'OF: ~ 09-3 P.o. ~ 361 (717) 532-7675 17257- 0361 371304 PIT'km~u~, ~A Z5350 PUHLEASTHANTHRASHER PAGE 01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL-CA E PITTSB~G~f .~A 1S250 Le ~s ed for I Po~I Judgment Costs $ [] v~' sta~ L. da~s or [] generally stayed. ¢..~led Jud:mgnt Total $ ~--~ OJ~je0[~ll to I~vy h~ bain filed and bang will be held: Time: ~ PARTY H~ THE m~l'~ ~ APPEAl. WJ~'I'IIN[ 3~ 13A~ AFTER 11'1E ENTRY OF J UDGTI~Ii~It~.~I~'~ NO31CE OF APPEA~ WITH 'F~E PRQIHON~CrARY/~LERK OF THE c~o~[~rr OF COMMON PI.F..A~, CIVIL DIVI~3N. YOU MU~T INCLUDE A CO~Y OF THIS I, IOTI~E OF J U [J~MEI~I?TRAN.~CRIPT F~3RM WrFH I I ~ertify tfat thi~ is a true and ~om~c~ " ~ ' ' - My commission expires first Monday of january, 200~ SEAL AOPC 315-99 (Date of Judgment) ·/1 =_/n; Judgment Costs Interest on Judgment Attorney Fees T~al Post Judgment Ored~ $ s8.oG $_ [] Amount of Judgmem SubJeot to Aftachment/Act $ of 1998 $ [] This case dismissed without prejudice. ~"] Damages Will be asse~aed on; THI~ IS TO NOTIFY YOU THAT: [~ Judgment was entered fan (Nam .=) ,-.....n,,u,~'~.=~, t'~?,~R T/ [] Judgment was entered against: (Nam in 5he amount of $ ~A~_ [] Defendants are jointly and s~veraJly Iist~,~. (Date & Time) _ 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 t,~e notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ............ : ; SS AFFIDAVIT: t hereby swear or affirm that I served [] a copy of the No~ice of Appeal, Common'Pleas No, upon the District Justice desl nat (date of service) ~ -~ , : ~ , . 'g ed therein on 7 ......LJ ey personal service LJ by (certified) (registered) mai, sender's receipt attached hereto, and upon the appellee. ~name) [] ~ne~ Rf~,~ ~ ~haa;~rSe~;~dd;~e RuJe ,o~,ebay cP,~rmS ;'1~1 ~ ~ ~ ~; Co :q pEJa n ~ ~n ~° ~ f iaebd; v(ere~t, ce:_,eod~ a [] by personal service [] by (certified) (registered) mail. senders rece'pt ttached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Charles D. Orndorff, Plaintiff, VS. Wells Fargo Home Mortgage, Inc. Defendant. CV-73-01 02-2389-Civil Teim PROOF OF _~RRVICE 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.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ADAMS; SS AFFIDAVIT: I hereby swear or aflhm that I served a copy of the Notice of Appeal, Common Pleas No. 02-2389 Civil Ten'a, upon the District Justice designated therein on May 24, 2002, by certified mail, sender's receipt attached hereto, and upon the appellee, Charles D. Orndorff, on May 24, 2002, by certified mail, sender's receipt attached hereto. I further swear or affirm that I served the Rule to File a Complaint together with the above Notice of Appeal upon the appellee to whom the Rule was addressed on May 24, 2002, by certified mail. SWORN I^FFmMED) ^ND SUBSCRIBED BEFO ME THIS ~1///:~ DAY OF ~f , 2002. Si~ature of offici~ befor~ whom ~da~t was made Title of official My commission expires on Postage Certified Fee Return Receipt Fe (Endomement Require< Restricted Delivery Fe (EndorSement Require Total Postage & Fees completed by ma#er) rtl Certified Fee ~ IO ' Return Receipt Fee Here Restricted Delivery Fee [ ~ '1~ ~ (Endorsement Requir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Charles D. Orndorff Lillian M. Orndorff Plaintiff VS, Wells Fargo Home Mortgage Defendants : No. 02-2389 : Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT· IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES~ YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRI-I-FEN APPEARANCE PERSONALLY OR BY A1-FORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OB]ECl-IONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR ANY OTHER CLAIM FOR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE~ GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 or (717)-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles D. Orndorff : Lillian M. Orndorff : No. Plaintiff : Civil Action VS. Wells Fargo Home Mortgage : Defendant · COMPLAINT Now comes the Plaintiff, Charles D. Orndorff ioined by his spouse Lillian Orndorff and sets forth the following: Plaintiff is Charles D. Orndorff joined by his wife Lillian M. Orndorff, adult individuals, who reside at 614 Glenn Street, Shippensburg, Cumberland County, Pennsylvania 17257 Defendant is Wells Fargo Home Mortgage, a corporation, which has an address of Box 371304 Pittsburgh, Pennsylvania. Plaintiffs owed a mortgage debt to Defendant· On or about November 29, 2001, the Plaintiffs refinanced their mortgage loan with a different lender. A check to pay the loan balance was sent by U.S. Express mail to Wells Fargo on November 29, 2001. The check was received by Wells Fargo in Des Moines on November 30, 2001 at 9:43 a.m. "Exhibit A attached here to and made a part hereof." Although Plaintiffs have on numerous occasions demanded a refund of their escrow funds, Defendant refuses to return these funds and credited the fund to interest in the amount of $536.81. Wherefore, Plaintiffs pray your Honorable Court enter judgment in their favor together with legal fees as set forth in the mortgage document. Respectfully submitted, ~l~~uire Attorney for Plaintiffs 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 Verification ! verify that the facts set forth herein are true and correct. ! understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. US PostAl Service 5130/2002 20:44 PAGE 1/1 UNITED STATES POSTAL SERVICE. Date: 05~30~2002 Fax Transmission To: TONY ADAMS Fax Number: 717-532-6673 Dear TONY ADAMS: The following is in response to your 05/30/2002 request for delivery information on your Express Mail item number EK652939656US. The delivery record shows that this item was delivered on 11/30/2001 at 09:43 AM in DES MOINES, IA 50309 to A LEE. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Charles D. Orndorff, Lillian M. Orndorff Plaintiff VS. Wells Fargo Home Mortgage, Inc. Defendant : No. 2389-2002 · Civil Action Law PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned matter settled, satisfied and dismissed with prejudice. Respectfully submitted, H. Anthony-'~A~ms, Esquire--'---~ Attorney for Plaintiffs 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 Ross H. P Puhl, Eastman & Thrasher Attorney of Defendant 220 Baltimore Street Gettysburg, PA 17325