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HomeMy WebLinkAbout09-4307 COMMONWEALTH OF PENNSYLVANIA (;01 INTY nF• CUMBERLAND Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 ATTORNEY FOR PLAINTIFF : JENNIFER B. HIPP ONE N MAIN ST 1 N MAIN ST , PA 17011-6371 NOTICE OF JUDGM PLAINTIFF: RESIDENTI) [/1ALKER, WILLIAM T 170 BRINDLE ROAD MECHANICSBURG, PA L Cum' /, .-- NTJ'TRANSCRIPT LEASE ME and ADDRESS 055 VS. DEFENDANT: N ME and ADDRESS IkOHMM, AZAR ABD 5071 STACEY DR EAS APT/STS 1307 HARRISBURG, PA 1711 L Docket No.: LT-0000022-D9 Date Filed: 1/20/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) WALKER. WILLIAM T Judgment was entered against MOHAMED, AZAH ABDALLA ® Landlord/Tenant action in the amount of $ 1, 661.24 on 2/02/09 (Date of J The amount of rent per month, as established by the Magisterial District Judge, is $ 635 The total amount of the Security Deposit is $ 600.00 in a J J Total Amount Established b MDJ Less • Security Deposit Applied Adjudicated Amount Rent in Arrears $ 06.65 - $ .00= $ 206.65 Physical Damages Leasehold Property $ 1,910,09-$ 600.00= $ 1,310.09 Damages/Unjust Detention $ _ 00 - $ _ 00= $ -00 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ -00 L/T Judgment Amount $ 1 516.74 ? Attachment Prohibited/ Judgment Costs $ 144-50 42 Pa.C.S. § 8127 Attorney Fees $ _nn ? This case dismissed without prejudice. ® Possession granted. ? Possession granted if money judgment ? Possession not granted. Total Judgment $ 1,661.24 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Defendants are jointly and IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMEN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTA OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JU ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF C( THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, U SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGAF IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEA 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHC 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 W EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, I HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST 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 JUDG A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOI SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. rally liable. FOR POSSESSION WITHIN Y/CLERK OF COURTS GMENT, IF ANY. IN JRTS THE LESSER OF W-INCOME AND/OR DING THIS DEPOSIT. iE, THE PARTY HAS IOTARY/CLERK OF 'H THE NOTICE OF APPEAL. THEJUDGMENT OME FROM THE COURT IT MAY FILE ,YS IN FULL, ??i Magisterial District Judge Date V?'?? ce?I y t at this is a true an correc op a -record o the proceedings containing t e judgment. CO G° Date , Magisterial District Judge Mir commission expires first Monday of January, ?}2- SEAL AO C 315A-08 F1LEE?a? rrt ?,?TARY CAF 2009 JU?? 2? 8 32 cuv, pio C? ? ?a a C'r, aL WILLIAM T. WALKER, Plaintiff V. AZAH ABDALLA MOHAMED, Defendant IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNS NO. Oei- q30 7 ?cch ( ?tr-? CIVIL ACTION PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the (1) Against AZAH ABDALLA MOHAMED, Defendant, and (2) the Hershey Medical Center, Employer of Defen ABDALLA MOHAMED. Date: June * , 2009 J, JE IFER B. HIPP, ESQUIRE 1 st Main Street Shiremanstown, PA 17011 Telephone: (717)737-8761 ID No. 86556 Attorney for Plaintiff William T. Walker, Judgment Creditor-Landlord AS OF VANIA matter t AZAH f LED-C. -FICE OR THE rmC,, HKINOTARY 2009 JUN 26 Aid 8: 3 4 CU ti? ,:.,ryL i.,`,}uNTY PENNS 'UANIA ?d. a.2 T.W G 9d y -7 WILLIAM T. WALKER, IN THE COURT OF COMMON LEAS OF Plaintiff : CUMBERLAND COUNTY, PENN LVANIA V. NO. 01- Y3 n 7 C?,J ?-, AZAH ABDALLA MOHAMED, Defendant CIVIL ACTION CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD I certify that: 1. The plaintiff judgment-creditor is William T. 170 Brindle Road, Mechanicsburg, Pennsylvania Valker, L7055. 2. The defendant judgment-debtor is Azah Abdalla Mohamed, whose address is 5071 Stacey Drive East, Apt. 307, Harrisburg, Pennsylvania 17111. 3. The employer garnishee is Hershey Medical Cent r, 500 Hershey Drive, Hershey, Pennsylvania, Pennsylv nia 17033, employer of Defendant Azah Abdalla Moha med. 4. The judgment arises out of a residential lease for the premises at 234A West Locust Street, Mechanicsb urg, Pennsylvania 17055. 5. (a) The amount of the judgment is $1,661.24. (b) A security deposit in the amount of $600. C O was being held by the judgment creditor-landl rd. This security deposit has been applied to payment of rent due on the same premises for which the judgment has been entered. The amount of the judgment once the security deposit was ap lied is $1,661.24. (c) The Defendant has not paid any money towar ds the satisfaction of the judgment. 6. This praecipe is filed within five years of the date of the original judgment upon which execution is s ought. 7. The judgment was entered in an action brought b efore a magisterial district judge. 8 The judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et. seq.) before a magisterial district judge, a copy of the complaint filed w'th the magisterial district judge is attached to this otice as Exhibit "A", showing that the action arose f om a residential lease. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. § 4904 relat'ng to unsworn falsification to authorities. Date: (p pZ(p ?OGI wL-j3IA_L/ William T. Walker Judgment Creditor-Landlord ?COMM`ONWEaLTW'pNNSYLVANIA COUNTY OF: CUtIf1E3 at eyp Mayislerlal District Number: 09-3.05 rdDJ Name: Hon. MARK W. MARTIN Address, 507 NORTH YORK STREET MECHANICSBURG, PA 17055 Telephone: (717)766 4575 Costs $ Amount Date Paid o Fsts e $ y 2-,o c) Pos ? / Service Costs $ I Constable Ed. $ 'S, pa Total $ y Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for: Lease is y@ Residential ? Nonresidential. Damages for injury to the real property, to wit: LAN LORD AND PLAINTIFF; TENAN COMPLAINT ME and ADDRESS bf 1 LiLl 1?-^ )"` 41 ?C '(1v (3d2fu???r" ? ? i? ? ?? t? t, cs t?3ic 1i' ? P? • 1 ? o ? .S L_ DEFENDANT: W F-fis..4Z-04 A DALI Sb•11 Sice v 0RttJ RPT. 13-07 L1-ffAZk ISg,,RC P{?. Docket No.: L- 17 - Z 2-? S Date Filed: t IZ'c'I VS. WE and ADDRESS A (`'10 Iii f?tM? ltd ST- ('11 11111 Damages for the unjust detention of the real property in the amount of i the amount of: Rent remaining due and unpaid on filing date in the amount of And additional rent remaining due and unpaid on hearing date Attorney fees in the amount of THE PLAINTIFF FURTHER ALLEGES THAT: ~ 1. The location and address, if any, of the real property is 3 ti} ?=t3T- t.c c4 2. The plaintiff is the landlord of that property, sl~ s? >?(?t(f{.! 3. He leased or rented the property to you or to 4. ? Notice to quit was given In accordance with law, or ? No notice is required under the terms of the lease. 5 ? The term for which the property was leased or rented Is fully ended, or ots» A forfeiture has resulted by reason of a breach of the conditions of the lease to wit: 'M eA Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up Its possession. best o my no age, to ormatlon an ale . Is s a emen is ma a su )ec to the penathat facts forth in this relating to unsworn falsification to authorities. ltieshof Sectiont4904 of the C V 110 - ress IF YOU HAVE A DEFENSE to this complaint you may present It at the hearing. IF YOU HAVE A CLAIM against the pl' of the premises, which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for po damages and rent if claimed, may nevertheless be entered against you, A judgment against you for possession may re premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court an Magisterial District Court at the above address or tole hone number. We are unable to rovide trans oltatlon. Remarks and Summary of Tes(imonv Mav h. AOPC 31OA-05 $ Z73o.so $ 1_??osS Total whom you claim plaint are true and corre( :s Cgde 1 PA. C.S § f arising out of the oca. ST FILE it on a compla ;Sion and costs, and to in your EVICTION troll Its services, please cor on P. It ?]LEQ ??r r-i?? OF 2009 JUN 26 CUf???? ?'vr>? tifS !?'; 8: 35 L_ ? ?• WILLIAM T. WALKER, Plaintiff V. AZAH ABDALLA MOHAMED, Defendant Date of service of this Notice: (Date to be inserted by Sheriff) IN THE COURT OF COMMON CUMBERLAND COUNTY, PEN NO. 0,7 - q,3 0 7 &i,-? 7?:_ CIVIL ACTION AS OF VANIA A judgment has been entered against you in court for nonpayment of rent for, or damages to, residential property that you r nted. The judgment creditor-landlord has begun proceedings to attach 10% of your net wages, salary or commissions for each pay period u til the judgment is satisfied. The following exception will prevent your wages from +ng 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 t amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guideline is attached to this notice. If this exemption is applicable to you, you must retur the claim for exemption of wages which is attached to the protho otary within 30 days of the date of service of this notice upon yo . If you return the form claiming this exemption within 30 days, our 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 Y DU 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 TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MAY E ABLE OFFE LEGAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 .1 Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines Pennsylvania Rule of Civil Procedure 3302(b) governs the of wages, salary and commissions under Section 8127(a)(3.1) of the Judicial Code. The r le 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 S rvices 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 Family 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 erson, add 311.67 OF THE -h f _, y OTARY 2009 JUN 25 AH g: 36 numb Sheriffs Office of Cumberland County R Thomas Kline Sher ?ptr 6i cum6 Ronny R Anderson ?g Chief Deputy / Jody S Smith Civil Process Sergeant c !cE C 7 r+E 51,ERIFF Edward L Schorpp Solicitor William T. Walker vs. Azah Abdalla Mohamed SHERIFF'S RETURN OF SERVICE Case Number 2009-4307 06/26/2009 R. Thomas Kline, Sheriff who being duly swom according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Azah Abdalla Mohamed, but was unable to locate him in hi: bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint, Notice of Judgement, and Notice of Intent to Attach Wages according to law. 07/06/2009 08:40 AM - Dauphin County Return: And now July 6, 2009 at 0840 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Judgment, Notice of intent to attach wages and Complaint, upon the within named defendant, to wit: Az* Abdalla Mohamed by personally hanlding to Azah Abdalla Mohamed, defendant at 5071 Stacey Drive East, Apt. 1307 Harrisburg, PA 17111 its contents and at the same time handing to them personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 08, 2009 'r" 1 ?t77 i'J .?\ C-) s C--. -a ?tf?.;? Of tFlPol'?ertff Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin WILLIAM T WALKER VS AZAH ABDALLA MOHAMED Sheriffs Return No. 2009-T-1853 OTHER COUNTY NO. 094307 And now: JULY 6, 2009 at 8:40:00 AM served the within NOTICE OF INTENT TO ATTACH WAGES upon AZAH ABDALLA MOHAMED by personally handing to AZAH ABDALLA MOHAMED 1 true attested copy of the original NOTICE OF INTENT TO ATTACH WAGES and making known to him/her the contents thereof at 5071 STACEY DRIVE EAST, APT 1307 HARRISBURG PA 17111 Sworn and subscribed to before me this 6TH day of July, 2009 A7? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County lmy Commission 6x ires Sept 1 2010 So Answers, Sheriff of Da hin County, Pa. mt-j?- By A Deputy Sheriff Deputy: S SCHAEFFER Sheriffs Costs: $47.25 7/1/2009 WILLIAM T. WALKER, Plaintiff V. AZAH ABDALLA MOHAMED, Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PENN; NO. Off- V30 7 CIVIL ACTION PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the ab (1) Against AZAH ABDALLA MOHAMED, Defendant, and (2) the Hershey Medical Center, Employer of Def ABDALLA MOHAMED. Date: June A , 2009 JENNIFER B. HIPP, ESQUIRE 1 st Main Street Shiremanstown, PA 17011 Telephone: (717)737-8761 ID No. 86556 Attorney for Plaintiff William T. Walker, Judgment Creditor-Landlord EAS OF LVANIA matter t AZAH Rl.E? ?4FCCE OF THE W O-1 k't'NOTARY 2009 JUN 26 AM $: 3 4 Cumc;-)LJ- w,, ,ju " ,)UN 1 1 PEPdN&UANIA .2 T. CR) pul .2 -7 2 y1 F ? CIVIL ACTION CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD I certify that: WILLIAM T. WALKER, Plaintiff V. IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENN YLVANIA NO. 0 4- AZAH ABDALLA MOHAMED, Defendant 1. The plaintiff judgment-creditor is William T. 170 Brindle Road, Mechanicsburg, Pennsylvania Oalker, _7055. 2. The defendant judgment-debtor is Azah Abdalla ohamed, whose address is 5071 Stacey Drive East, Apt. 307, Harrisburg, Pennsylvania 17111. 3. The employer garnishee is Hershey Medical Center, 500 Hershey Drive, Hershey, Pennsylvania, Pennsylvania 17033, employer of Defendant Azah Abdalla Mohamed. 4. The judgment arises out of a residential lease for the premises at 234A West Locust Street, Mechanics urg, Pennsylvania 17055. 5. (a) The amount of the judgment is $1,661.24. (b) A security deposit in the amount of $600. CO was being held by the judgment creditor-landl rd. This security deposit has been applied to payment of rent due on the same premises for which the judgment has been entered. The amount of the judgment once the security deposit was applied is $1,661.24. (c) The Defendant has not paid any money towar s the satisfaction of the judgment. 6. 7. 8. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. The judgment was entered in an action brought before a magisterial district judge. The judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et. seq.) before a magiste ial district judge, a copy of the complaint filed with the magisterial district judge is attached to this Notice as Exhibit "A", showing that the action arose f om a residential lease. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: (a I o2cp 109 lbl William T. Walker Judgment Creditor-Landlord ?C0MM0NWEALT'9'6* k NSYLVANIA COUNTY OF: MB?saLA ND Mayisrerla? District Number: 09-3.05 MOJ Name: Hon. MARK W. MARTIN Address 507 NORTH YORK STREET MECHANICSBURG, PA 17055 Teupnone: (717)766 4575 Amount Date Paid Filin Costs $ Posla a 3 Service costs $ Constable Ed. $ S Total $ Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff( s) asks judgment together with costs against you for the possession of real property and for: Lease is P Residential ? Nonresidential, Damages for injury to the real property, to wit: L-Ary LORD AND PLAINTIFF; TENAN COMPLAINT p? ? m AME end ADORESS ('1v 13d?rN 4??c? L_ DEFENDANT: r-Ms. 4.2 A-4 A-130A It SC-71 S?ftce? mu 01 13-07 L l4.6RktS g4RG , P q. Vs. 1E and ADDRESS ho t+M4?-t) t? (11(I Docket II LT- 2 Z-?C Date Filed: ---------------- Damages for the unjust detention of the real property In the amount oI Rent remaining due and unpaid on filing date In the amount of And additional rent remaining due and unpaid on hearing date Attorney fees in the amount of THE PLAINTIFF FURTHER ALLEGES THAT: ~ 1. The location and address, if any, of the real property is .2 31iPf WC17 - Le c,2. The plaintiff is the landlord of that property. Sr Sr (?({ 3. He leased or rented the property to you or to 4• ? Notice to quit was given In accordance with law, or ? No notice is required under the terms of the lease. 5 ? The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the leas/40 WT, m e, to wit: arses Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up Its possession. 1. lal j W flfN T, W10-trViz relating to unsworn falsification to authorities. ress verify that the facts set forth in this the penalties of Section 4904 of the IF YOU HAVE A DEFENSE to this complaint you may present It at the hearing, IF YOU HAVE A CLAIM against the pl:. of the premises, which is in the magisterial district Judge jurisdiction and which you intend H assert at the hearing, YOU at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for pc damages and rent if claimed, may nevertheless be entered against you. A judgment against you for premises. Possession may re If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court an Magisterial District Court at the above address or tele hone number. We are unable to rovide trans ortatlon. Remarks and Summary of Testimony May b AOPC 31OA•05 -. - 0--,z tho amount of: S 2 7 ;p , ,n, a - a Total: $ a?s4tG.(o5 whom you ctann plaint are true and corret :s CQde t PA. C.S § f arising oui of the oca, ST FILE it on a compla Sion and costs, and to in your EVICTION fron Its services, please cor on P. it i RLEp ,3;-i? v C Fr?ter„ }t}r)TY 2009 JUN 26 AM g: 3 5 vVIY?rS ? Fib;"vS"r.V ??? 'TY t. WILLIAM T. WALKER, Plaintiff V. AZAH ABDALLA MOHAMED, Defendant Date of service of this Notice: (Date to be inserted by Sheriff) IN THE COURT OF COMMON CUMBERLAND COUNTY, PEN : CIVIL ACTION 'LEAS OF >YLVANIA A judgment has been entered against you in court for n npayment of rent for, or damages to, residential property that you re ted. The judgment creditor-landlord has begun proceedings to atta h 10% of your net wages, salary or commissions for each pay period un it the judgment is satisfied. The following exception will prevent your wages from attached: Poverty Guidelines - Your wages may not be attached if our net income is below the poverty income guidelines as provided an ually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below he poverty income guidelines. A copy of the guideline is attac ed to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the protho otary within 30 days of the date of service of this notice upon you. If you return the form claiming this exemption within 30 days, our 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 th the court. For example, your wages may not be attached if you ar an abused person or victim as set forth in Section 8127(f) of th Judicial Code when the attachment is to satisfy a judgment fo physical damages to the leased premises. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y 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 TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 MAY B ABLE OFFER LEGAL 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 r le 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 S rvices as they appear on the web site of the Civil Procedural Rules Committee." The gui elines for 2009 are set forth in the following chart: 2009 HHS Poverty Income Guidelines Expressed in Monthly Amounts FILED-.OF,,-I(-'E OF THE ,, R 'NOTARY 1009 JUN 25 AM 6: 36 ?4l Vf f j?l ! /r `?II '?•?f 111 t 1" f La,?, tilsl? t WILLIAM T. WALKER, Plaintiff V. AZAH ABDALLA MOHAMED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4307 CIVIL ACTION PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON AZAH ABDALLA MOHAMED To CURTIS LONG, PROTHONOTARY: A Notice of Judgment/Transcript Residential Lease has been filed with the Cumberland County Prothonotary's office against the Defendant, AZAH ABDALLA MOHAMED, in the amount of $1,661.24. Please issue a Writ of Attachment of Wages, Salary or Commissions of Defendant, AZAH ABDALLA MOHAMED. Ms. MOHAMED's employer is Hershey Medical Center of 500 Hershey Drive, Hershey, Pennsylvania 17033. Ms. Mohamed was served with a Notice of Intent to Attach Wages by the Dauphin County Deputy Sheriff on July 6, 2009. Defendant Mohamed has not timely filed a claim for Exemption of Wages from Attachment. A copy of the Dauphin County Deputy Sheriff's Return of Service is attached hereto as Exhibit "A". DATE: ?r JE`XkT11 B. H P, Esquire Pa. I. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 t 4 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON AZAH ABDALLA MOHAMED upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Hershey Medical Center 500 Hershey Drive Hershey, PA 17033 Azah Abdalla Mohamed 5071 Stacey Drive East Apartment 1307 Harrisburg, PA 17111 Date: 01 10\ (Oc? JennifeA B. Hipp, Esquire Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 2 M eSpn DVer Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick sheriff Commonwealth of Pennsylvania County of Dauphin WILLIAM T WALKER VS AZAH ABDALLA MOHAMED Sheriffs Return No. 2009-T-1853 OTHER COUNTY NO. 094307 And now: JULY 6, 2009 at 8:40:00 AM served the within NOTICE OF INTENT TO ATTACH WAGES upon AZAH ABDALLA MOHAMED by personally handing to AZAH ABDALLA MOHA.MED I true attested copy of the ori ginal NOTICE OF INTENT TO ATTACH WAGES and making known to him/her the contents thereof at 5071 STACEY DRIVE EAST, APT 1307 HARRISBURG PA 17111 Sworn and subscribed to So Answers, before me this 6TH day of July, 2009 A7? Sheriff of Da :hin County, Pa. By- ' A Deputy Sheriff MARY JANE SNYDER, Notary Publi Deputy: S SCHAEFFER Highspire, Dauphin County Sheriffs Costs: $47.25 7/1/2009 M Commission Expires Sept 1, 2010 EXHIBIT c? ? fr n n H . , Sheriffs Office of Cumberland County R Thomas Kline Sheri G4«nrtr p? ??tu?G?r??9 Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OMCE OFTHS SKRIFF Edward L Schorpp Solicitor William T. Walker vs. Azah Abdalla Mohamed Case Number 2009-4307 SHERIFF'S RETURN OF SERVICE 06/26/2009 07/06/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Azah Abdalla Mohamed, but was unable to locate him in hi: bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint, Notice of Judgement, and Notice of Intent to Attach Wages according to law. 08:40 AM - Dauphin County Return: And now July 6, 2009 at 0840 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Judgment, Notice of intent to attach wages and Complaint, upon the within named defendant, to wit: Azah Abdalla Mohamed by personally haniding to Azah Abdalla Mohamed, defendant at 5071 Stacey Drive East, Apt. 1307 Harrisburg, PA 17111 its contents and at the same time handing to them personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 08, 2009 OF THE M, ti`,,110TARY 2009 SEP 10 Ph 12: 5 5 Curer:. ?. } .i NY trr? ?? ? 43,1. L4q - m x'1.0115- u 014.00- u 88. ?9 - Po arN WILLIAM T. WALKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION AZAH ABDALLA MOHAMED, No. 09-4307 -Civil Term Employee TO: HERSHEY MEDICAL CENTER 500 Hershey Drive Hershey, PA 17033 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 $1,661.24 (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: WILLIAM T. WALKER 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: AZAH ABDALLA MOHAMED 5071 Stacey Drive East Apartment 1307 Harrisburg, PA 17111 Any questions should be directed to the Plaintiff-Creditor: Jennifer B. Hipp, Esquire One West Main Stree Shiremanstown, PA 17011-6371 717-737-8761 ID# 86556 Date: 9/10/09 /!? ?, , w Curt. Long, Pro a Costs: $88.69 By Deputy: 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 The following person, Or is no longer and employee (_) Date: v. Defendant has never been (_) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary Deputy of Year (Sea[ of the Court)