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HomeMy WebLinkAbout08-6981Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08- GQg/ CIVIL TERM 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 written appearance personally or by attorney and filing in writing with the court your defenses or objections 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 for any other claim or relief requested by the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 FARLESTlients\12827 Dieh1U2827.7.com Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and : IN THE COURT OF COMMON PLEAS OF SUZANNE DIEHL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : NO. 08- CIVIL TERM TIFFANY MAHAN, Defendant COMPLAINT 1. Plaintiffs, Donald E. Diehl and Suzanne Diehl, are adult individuals with an address of 4 East High Street, Suite A, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Tiffany Mahan, is an adult individual residing at 134 Sable Drive, Carlisle, Cumberland County, Pennsylvania. 3. On May 18, 2006, Plaintiffs and Defendant entered into a written Residential Lease Agreement ("Lease"), a copy of which is attached at Exhibit "A." 4. Pursuant to the terms of the Lease, Defendant agreed to lease the premises at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania, for a period of one (1) year. 5. Defendant was required to pay $825.00 per month for the lease of the premises. 6. From August 2007, Defendant failed to make the required payments. 7. According to Paragraph 6 of the Lease, Defendant must pay a $3.00 charge to Plaintiffs for her failure to pay rent on time. 8. incurred in collecting the unpaid rent. Pursuant to Paragraph 5 of the Lease, Defendant must pay Plaintiffs' attorneys' fees 9. Consequently, Defendant is liable to Plaintiffs as follows: Unpaid rent for 2 months $1,650.00 Unpaid water and sewer bills $ 122.50 Carpet Cleaning 250.00 Total $2,022.10 WHEREFORE, Plaintiffs demand judgment in their favor in the amount of $2,022.109 plus costs, attorneys' fees, interest, and any other relief that the court deems appropriate. MARTSON LAW OFFICES Date: //-L q • 0t By C40,L,, k Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs This a debt collecting firm. Any information obtained will be used for that purpose. ,• EXHIBIT "A" p' c? tc.? a° L b P RESIDENTIAL LEASE AGREEMENT This is a Lease. Today's date is The Landlord is Suzanne Diehl (4 East Highlreet, Suite A C 200 arlisle, PA 17013) anor Diehl, a licensed Pennsylvania Real Estate Broker (4 East High S treet, Suite A, Carlisle, PDAonald E. 17013). The Tenant(s), collectively referred to as "Tenant," are: 1 1 P-OY)V Mproperty is: p ( ?? 6= 11 F The Landlord and Tenant will legally be responsible to follow the terms of this Lease. Landlord and Tenant both understand that this is a legal, binding contract and either party may seek an attorney's opinion before signing it. 1. TERM OF LEASE. This lease 1 begin on on ` N I A . t ? - 200 200 oand end at midnight . -ZkLY-L 2• TERMINATION. It is agreed that either Landlord or Tenant may terminate this Lease at the end of the initial term by giving the other party written notice at least two (2) months prior to the end of the initial term. In the event that such notice of intent to terminate is not given by either party to the other, this Lease shall continue with the same terms and conditions in force immediately prior to the expiration of the initial term for another period of one year and so on from year to year, unless terminated by the other party giving the other two (2) months written notice of the termination prior to the expiration of the then current term. Provided, however, that is the Landlord shall give one month written notice prior to the expiration of any term hereby created of his intention to change the terms and conditions of the Lease, and the Tenant remains in the premises after the effective date set forth in the notice, the Tenant will be considered as a Tenant under the terms and conditions as provided in such notice. All terms and conditions in existence prior to such notice which are not inconsistent with or repealed by such notice, shall remain in full force and effect. 3. ENDING THE LEASE EARLY. Tenant may end this Lease at the end of any calendar month, for any reason, before the Lease ends, only by doing the following: (a) giving Landlord at least thirty (30) days written notice; (b) paying any money due to the Landlord up to the ending date, including rent, late charges, damages or any other charges the law allows the Landlord to collect; and (c) paying to Landlord two (2) months rent as additional damages. If either the Landlord or the Tenant fails or refuses to do anparty has broken the Lease and the other ythmg required by this Lease, then that party may and/or suing this Lease according to Pennsylvania law. This could include ending the Lease, and damages. g party that failed to perform for losses 4. BREAKING THE LEASE. Tenant has broken the Lease if Tenant: (a) fails to pay rent when it is due; (b) (c) fails to pay Landlord any other sum when it is due; breaks any provision of this L ease, including the Rules and Regulations attached hereto; (d) moves itself or its possessions from the premises prior to paying Landlord any and all charges due to the end of the Lease (e) ; fails to move itself and its possessions from the premises at the end of the Lease; (f) (g) does any act which is not allowed under the terms of this Lease; and does not do any act which is i requ red under the terms of this Lease. 5. LANDLORD'S REMEDIES. If Tenant breaks the Lease, Landlord may, in addition to all other remedies afforded by law: (a) end this Lease. Landlord must give Tenant five (5) days written notice before starting any legal action to have Tenant evicted for breaking this Lease for any reason. Tenant understand that it is giving up jis right to any fifteen (1 S), h (30) or ninety (90) day notices t irty allowed under the Pennsylvania Landlord-Tenant laws (b) demand immediate payment in full for all charges, including but not limited to: rent due, additional rental and charges reserved for the remainder of the unexpired Lease term, late fees, damages and filing fees; (c) have Tenant's property seized by the Courts and sold to pay any debts owed by Tenant to Landlord; (d) sue Tenant for additional damages, costs, expenses, and reasonable attorney's fees. 6RENT. Tenant agree?to ay to Landlor?th nt o L.C - 00 Dj oars. Tenant aes to pay the monthly rent in a ance first day of each month. If of paid by the first day of each month Tenant agrees to pay to Landlord a late fee of $3.00 per day for administrative costs, expenses and damages beginning the second day of each month, until all charges are paid in full. Tenant understands that the monthly rent is due on or before the first of each month. Tenant will not receive a bill or invoice for monthly rent. Payment of the final monthly rental shall be due on the first day of the month as well. 7. SECURITY DEPOSIT. Tenant will pay to Landlord a security deposit equal to one month rent set forth in Paragraph 6 above. Landlord will hold the deposit as security for: (a) payment of rent; (b) payment of any other sum due from Tenant to Landlord; (c) charges for damages caused by Tenant, Tenant's family or Tenant's guests; (d) performance of this Lease. J Tenant further understands that the Tenant may not apply this security deposit against rent or any other money due to the Landlord. Landlord will refund the security deposit to Tenant, less any sum due on Tenant's account, within thirty (30) days following the end of the Lease. Any refund will be made by check payable to all persons signing this Lease as Tenants. Tenant must supply to Landlord in writing a forwarding street address (no post office boxes) in order to receive any refund due Tenant. 8. POSSESSION. Tenant agrees that if Landlord cannot give Tenant immediate possession due to the fact that a previous tenant has not vacated the premises at the end of their lease or for any other reason beyond the control of the Landlord, the Tenant will not hold Landlord damages. However, Landlord will not begin to charge monthly rent until such time asblLandlo d any can give Tenant substantial possession. All other terms of this Lease will remain in full force and effect. 9. USE OF PROEPRTY. Tenant agrees to use the premises only as the principal residence of the Tenant and those others listed on Landlord's Rental Application. Tenant agrees not to do or permit any act or practice which: (a) injures the premises or anyone on the premises; (b) disturbs other residents or neighbors of the property; (c) adversely affects the insurance on the property; (d) is against the law. 10. CARE OF PROPERTY. Tenant will not misuse or mistreat any portion of Landlord's property, including appliances and common areas. Tenant further agrees to: (a) give notice to Landlord of any repairs; (b) pay for any repairs to Landlord's property necessitated by any act or lack of care on the part of Tenant, Tenant's family or Tenant's guests; (c) leave the property, including appliances and floor coverings, clean when vacating the premises. When vacating the premises, all carpet cleaned by a professional commercial cleaner at Tenant's epense vinyl is to be Landlord will make any necessary repairs to the premises within a reasonable period of time after having received notice of the need for repair from Tenant. 11. DAMAGE BY FIRE. If the premises is damaged by fire or other mishap, the Landlord will repair it within a reasonable period of time. Tenant may continue to reside at the premises if the same is not rendered uninhabitable, and rental fees shall continue to apply. If the premises shall be determined to be uninhabitable, Tenant may move out and end the Lease. Tenant shall be responsible for immediate payment of any rent or other charges due to the date which the property is surrendered. 12. INSURANCE. Landlord -Mll be responsible to provide insurance on the premises against fire and other casualty, including liability coverage for injury or damage occurring within common areas of the premises. Landlord is NOT responsible for loss or damage to Tenant's personal pro located in or on the premises. Tenant is advised to personal b obtain Renter's Insurance for Protection of its 13. UTI_ CITIES. Landlord and Tenant are responsible to pay for utilities as follows: Landlord: Water Sewer Trash Flectric Gas Fuel it Tenant: Tenant is responsible for telephone and cable television services. maintenance of all other systems belonging to Landlord. Landlord is responsible for to provide heat, hot water, or other utilities or services if the failure is beyond the responsLandlord iscontr ol. Any repairs needed to maintain the utility systems owed by Landlord in working order shall be performed in a reasonable period of time. 14. APPLIANCES. Landlord and Tenant will supply the appliances as follows: Stov Landlord: Refrigerator Dishw sher Washer Dryer Tenant: -- 15. ENTRY BY LAND LORD. Landlord or anyone allowed by Landlord has the right to enter the property at reasonable time for the purpose of (a) inspecting ,the property, (b) making repairs or alterations as needed; (c) enforcing this Lease; (d) showing the property to prospective purchasers or tenants. 16. ASSIGNMENT OR SUBLETTING. Tenant shall not assign or sublease the premises or part thereof without prior written consent of the Landlord. any 17. BAD CHECKS. Tenant will be charged a fee of $20.00 for each check returned to Landlord due to "INSUFFICIENT FUNDS" caused by closing of an account or any other technical defect of the check. In addition, Tenant will be responsible for any and all charges that Landlord may incur as a result of said bad check. 18. RULES AND REGULATIONS. Tenant agrees that it, it's family and guests will obe the Rules and Regulations attached hereto and made a part of this Lease. y 19. NON-WAIVER OR REMEDIES. Tenant agrees that if L . charges after they are due, or if Landlord does noinsist on strict enforcement accepts rent f any o any other the Lease, this will not be considered a waiver of the right to insist on the strict performance o s of term or condition of this Lease in the future. Landlord may selectively and inconsistently, for an y reason, enforce or waive remedies available to Landlord without establishing future policy. y 20. LAWN MAINTENANCE AND SNOW REMOVAL. Landlordtfinm maintained. Tenant shall be responsible to promptly clear the walkways ?anndd sidewalks from any snow, ice and debris as required by any law or ordinance now in effect or enacted during the tern of this Lease. 21. SURRENDER OF PREMISES. Upon the expiration or termination of this Lease, Tenant shall be responsible to return the premises to Landlord in the same condition in which Tenant received it. Tenant shall be responsible to return the premises in broom-cleaned condition. Tenant shall be responsible for the removal of all personal belongings upon the expiration or termination of this Lease. If Tenant shall fail to remove its personal belongings, Landlord shall have Tenant's personal belongings removed and charge the Tenant with any costs incurred. Tenant shall also be responsible to contract with and pay for the professional commercial cleaning of all carpeting and vinyl in the premises. Signed and agreed to this day of bound hereby. , 200 L9-- intending to be legally Witness: Printed Name: VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Donald E. Diehl J Cli ? CASE NO: 2008-06981 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIEHL DONALD E ET AL VS MAHAN TIFFANY KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MEHAN TIFFANY the DEFENDANT at 134 SABLE DR , at 0021:25 HOURS, on the 4th day of December-, 2008 CARLISLE, PA TIFFANY MAHAN DEFENDANT a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage 18.00 4.50 .00 10.00 .42 32.92 Sworn and Subscibed to before me this day of , So Answers: R. omas Kline 12/08/2008 MARTSON LAW OFFICES By: .7, / A. D. b El Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant TO: TIFFANY MAHAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6981 CIVIL TERM NOTICE OF ENTRY OF DEFAULT JUDGMENT L You are hereby notified that on the ? `1 day of , 2009, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $2,022.10, plus interest, costs of suit and attorney's fees as prayed for in the Complaint for failure to file an Answer to Plaintiffs' Complaint. Date: kjj,?? -) 7 v2 00 ?/ 1?7 C/ Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Tiffany Mahan 134 Sable Drive Carlisle, PA 17013 FAFILESThents\12827 Dieh1\12827.7.pm.defauh Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6981 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiffs and against Defendant in the amount of $2,022.10, plus interest, costs of suit and attorney's fees as prayed for in the Complaint, for failure to file an Answer to Plaintiffs' Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on December 30, 2008, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: /- a 7-4 / Attorneys for Plaintiff r1l FARLES\Clients\12827 Diehl\12827 7.10daynotice Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and : IN THE COURT OF COMMON PLEAS OF SUZANNE DIEHL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : NO. 08-6981 CIVIL TERM TIFFANY MAHAN, Defendant IMPORTANT NOTICE TO: TIFFANY MAHAN DATE OF NOTICE: December 30, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By 2Z 4, l Christopher E. Rice, Esquire This a debt collecting firm. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6981 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 134 Sable Drive, Carlisle, PA 17013. Said Defendant's place of employment is unknown. L!/,44 (. Christopher E. Rice, Esquire Sworn to and subscri ed before e this day of , 2009. VIA Not ublic COMMONWEALTH O--. PEN 3Y'VANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumrberland 1C u ty my commission Eli Aug• of Notaries Member, Pennsylvania association Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6981 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to her by mail on December 30, 2008. Christopher E. Rice, Esquire Sworn to and subsc bed ;before me this VIA day of OAil '2009. l 'clot blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M, Price, Notary Public Carlisle Boro, Cumberland County My Commission Spires Aug. 18, 2011 Member, Pennsylvania Association of Notaries CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Tiffany Mahan 134 Sable Drive Carlisle, PA 17013 MARTSON LAW OFFICES By: M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: //0-Z ??09 In making this communication, we are advising you this firm is attempting to collect a debt for Donald E. and Suzanne Diehl. Any information gained from this communication will be used for that purpose O 1w •) t 01 ~ M ` e FARLEWfients\12827 Diehl\ I 2827.7.pra.attach.wages Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6981 CIVIL TERM PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the above matter against: (1) Defendant, Tiffany Mahan, 134 Sable Dr., Carlisle, PA 17013, and (2) PPG Industries, 400 Park Drive, Carlisle, PA 17013, employer of the Defendant. MARTSON LAW OFFICES e? By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: a)1,31 0 7 Attorneys for Plaintiffs Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIFFANY MAHAN, Defendant : NO. 08-6981 CIVIL TERM CERTIFICATION OF JUDGMENT CREDITOR-LANDLORD I certify that: 1. The Plaintiffs ("Judgment-Creditors") are Donald E. Diehl and Suzanne Diehl, with an address of 4 East High Street, Suite A., Carlisle, Cumberland County, Pennsylvania. 2. The Defendant ("Judgment-Debtor") is Tiffany Mahan, residing at 134 Sable Dr., Carlisle, Cumberland County, Pennsylvania. 3. The employer/garnishee is PPG Industries, 400 Park Drive, Carlisle, Cumberland County, Pennsylvania. 4. The judgment arises out of a residential lease for the premises at 101 Andrew Court, Carlisle, Cumberland County, Pennsylvania, for which Judgment-Creditors are the landlords. 5. (a) The amount of the judgment is $2,022.10, plus interest at a rate of 6% per annum from January 29, 2009, costs of suit and attorney's fees in the amount of $500.00. (b) A security deposit in the amount of $825.00 is being held by the Judgment - Creditor. This security deposit has been applied to payment of the rent due on the same premises prior to the judgment being entered, and therefore does not reduce the amount of the judgment. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Tiffany Mahan 134 Sable Drive Carlisle, PA 17013 MARTSON LAW OFFICES By. k- j 14 -) / A, OW?' M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 4/ 3/9 In making this communication, we are advising you this firm is attempting to collect a debt for Donald E. and Suzanne Diehl. Any information gained from this communication will be used for that purpose ?,_'?' n `? w nz ? ? }: -- ? i ? -? C ? . t" C? _ ?-? d , ? ?? ? ? b .:? ? ?' c? ? ,.,,, -,c ? ?^ DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6981 CIVIL TERM NOTICE OF INTENT TO ATTACH WAGES. SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by the Sheriff) A judgment has been entered against you in court for nonpayment of rent for, or damage to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied. The following exception will prevent your wages from being attached: Poverty Guidelines--Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guidelines is attached to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the prothonotary within 30 days of the date of service of this notice upon you. The date of service of this notice is set forth above. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proceedings. There may be other legal grounds for opposing the wage attachment that you may be able to raise by filing a motion with the court. For example, your wages may not be attached if you are an abused person or victim as set forth in Section 8127(f) of the Judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249 - 3166 DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6981 CIVIL TERM CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT NOTICE This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages. To the Prothonotary: I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. OR _ The amount of wages to be attached would place my net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have dependents. (Number) My net monthly income is $ (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) I certify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: mtendant This claim for exemption shall be delivered or mailed to: Office of the Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Sq. Suite 100 Carlisle, PA 17013 Phone: 717.240.6195 Fax: 717.240.6573 DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6981 CIVIL TERM NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above-named plaintiff: The defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the claim for exemption, you should file with the court a motion setting forth facts which show that the defendant's net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the defendant's net income to fall below those poverty income guidelines. Date: Prothonotary Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines Pennsylvania Rule of Civil Procedure 3302(b) governs the attachment of wages, salary and commissions under Section 8127(a)(3.1) of the Judicial Code. The rule requires the prothonotary to attach to the Notice of Intent to Attach Wages "the most recent poverty income guidelines issued by the Federal Department of Health and Human Services as they appear on the web site of the Civil Procedural Rules Committee." The guidelines for 2009 are set forth in the following chart: 2009 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Famil Unit Poverty Guideline Monthly Amount 1 $902.50 2 1,214.17 3 1,525.84 4 1,837.50 5 2,149.17 6 2,460.84 7 2,772.50 8 3,084.17 For each additional person, -add 311.67 F5 i rz s` SHERIFF'S RETURN - REGULAR CASE NO: 2008-06981 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIEHL DONALD E ET AL VS MAHAN TIFFANY ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE OF INTENT TO ATTAC was served upon MEHAN TIFFANY the DEFENDANT , at 0020:58 HOURS, on the 19th day of February , 2009 at 134 SABLE DR CARLISLE, PA by handing to TIFFANY MEHAN DEFENDANT a true and attested copy of NOTICE OF INTENT TO ATTAC together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage Sworn and Subscibed to before me this of So Answers: 18.00 4.50 .00 10.00 R. homas Kline .42 32.92 02/20/2009 MARTSON LAW OFFICES By: day Deputy Sheriff A.D. RLEC -4Jt RCE OF THE PRCOTHONOTARY 2009 APR 15 AM 9: 0 0 NTY F:\F1LFS\CGents\12827 Diehi\12827.7.pra.attachmages Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs DONALD E. DIEHL and SUZANNE DIEHL, Plaintiffs, V. TIFFANY MAHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6981 CIVIL TERM PRAECIPE TO ATTACH DEFENDANT'S WAGES TO THE PROTHONOTARY: Issue a writ for the attachment of wages of defendant Tiffany Mahan. 4' MARTSON LAW OFFICES By: r. z:.,-; Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 4- /--O 9 Attorneys for Plaintiffs RLED-OFFICE OF THE PR'"I"TI- ICYTAPY 2049 APP 14 AM 11 : G 3 CuW1 L., "" t' ?i; ;YLVINNIr V 3-?, .9.), 3.2.9A . '79. szo ?ll.oo ? 18.x. 3Y rr r ? rr r. re ? ? y/,?tlvg ?? c?.CL ce.?c??, J C.nPleyelt- ?P6 1960 ?47k-b4,bp. c4qlrf., PW /7013 V.2. vd ?v DONALD E. DIEHL AND SUZANNE DIEHL VS TIFFANY MAHAN, Employee TO: PPG INDUSTRIES 400 PARK DRIVE CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 08-6981-Civil Term RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $2,022.10 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: DONALD E. DIEHL AND SUZANNE DIEHL within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: TIFFANY MAHAN 134 SABLE DRIVE CARLISLE, PA 17013 Any questions should be directed to the Plaintiff-Creditor: CHRISTOPHER E. RICE, ESQUIRE, TEN EAS HIGH ST, C ISLE, PA 17013 717-243-3341 Date: 4/14/2009 C is R. Lon , r th not Costs: $182.34 PD ATTY By Deputy: f , • You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: I have received a Writ of Attachment in the following case: Plaintiff No of Y The following person, v. Defendant has never been (_) Or is no longer and employee (i) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary Deputy (Sea] of the Court)