HomeMy WebLinkAbout10-1554,COMMONWEALTH OF PENNSYLVANIA
?nl INTY OF- CUMBER-AND
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
NOTICE OF JUDGMENT/TRANSCRIPT
PLAIN-TIFF: RESIDENTIAL LEASE
NAME and ADDRESS
rANADALLA, HAW N
5001 PELLINGHAM CIR.
ENOLA, PA 17025
L
VS.
DEFENDANT:
rPOOL, JAMES
234 FOX DRIVE
MECHANICSBURG,
J
NAME and ADDRESS
PA 17050
HAMAN ANADALLA L J
5001 PELLINGHAN CIR. Docket No.: LT-0000771-09
ENOLA, PA 17025 Date Filed: 12/28/09
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
0 Judgment was entered for: (Name) ANADALLA, EL NAN
Judgment was entered against POOL, JAMES in a
0 Landlord/Tenant action in the amount of $ 8,173.00 on 1/08/10 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ _ 1.900.00.
The total amount of the Security Deposit is $ 3,150.00
Total Amount Established btMDJ Less • Security Deposit Applieg _
Rent in Arrears $ 5, 00.00 - $ 0 =
Physical Damages Leasehold Property $ .00-$ . 00=
Damages/Unjust Detention $ _00-$ _ 00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
? Possession granted.
R Possession granted if money judgment i
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicated Amount
$ 5,600.00
$ .00
$ _00
$ -0n
$ 2,400_00
$ R,000_On
$ _173.00
$ _00
$ 8,173.00
? Defendants are joint y 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. HOWEVER, LOW-INCOME AND/OR
SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
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.
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HANAN AWADALLA,
Landlord
V.
JAMES POOL,
Tenant
District Court 09-3-04
LT-0000771-09
SUMMARY OF FACTS
Landlord and Tenant entered into a written lease in 2006 for the rental of a
single family home. Landlord seeks here eviction from the property if the rent in
arrears is not caught up.
Tenant seeks an offset, having not filed a counterclaim, to any judgment for
breach of the implied warranty of habitability. In support of this request evidence of
items impacting the rental were presented, including photographs.
DISCUSSION
The burden in every civil case is on the claimant (party who filed the claim) to
show that the other party to the action breached an owed duty, which has resulted in
measurable damages. Into this burden must be factored in the requested offset. The
implied warranty offset will be for those Landlord responsible items that Tenant has
spent money to repair. Those monies spent would be deducted from the rent in arrears
or other outstanding balances.
The attached accounting reconciliation, applied first to rent then security then
late fee, shows a gross outstanding rent and late fees balance of $9,600.00 with total
paid security of $3,150.00. The gross amount does not include utilities and other fees
request but alone is beyond this Court's jurisdictional limit. If the total amount paid less
the amount paid into security is then subtracted from the amount due through January
2010 the result corroborates the $5,600.00 shown in rental arrears. Late fees per the
lease are $50.00 per day, which in this fact pattern is clearly usurious, and Landlord is
only seeking a flat fee amount of $200.00 per late period, which is eminently
reasonable. However, this amount must be tailored to fit within jurisdictional limits or
$2,400.00.
Tenant's request for offset is limited to only those monies paid out as reported to
the Court. No equitable amount is given for the annoyances of life caused by having to
get up early for water or other such issues. If Tenant had paid to repair these items
and dutifully reported it then additional credit could be given. Landlord has already
applied credit in the accounting to the Court and it is included in the reconciliation. No
other offset will be made to the judgment.
Judgment is in favor of Landlord in the amount of $5,600.00 for rent, $2,400.00
for late fees and the cost of this action. All parties have been previously advised of
their appeal rights and the original exhibits have been returned to the presenting party.
By the Court,
8 January 2010
Date Thomas A. Placey M.D.J.
HANAN AWADALLA,
Plaintiff
V.
JAMES POOL,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 2010- - CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please kindly issue a Notice of Intent to Attach Wages in the above captioned matter
(1) against James Pool, Defendant
(2) against Brenner Nissan, 6271 Carlisle Pike Mechanicsburg, PA 17050
Telephone Number: (717)697-8400, employer of the Defendant
Date: MoPIch 3, a of o
Q
Bryan . Shook, Esquire' F ?-m
ID # 203250 Fn
2132 Market Street
Camp Hill, PA 17011
717-975-9446 C'
Attorney for Judgment Creditor-Landlord"'
**********************************************
I certify that:
The Plaintiff Judgment-creditor is Hanan Awadalla, 5001 Pellingham Circle,
Enola, Pennsylvania 17025.
2. The Defendant Judgment-debtor is James Pool whose residence is 234 Fox
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. The employer garnishee is Brenner Nissan, 6271 Carlisle Pike
Mechanicsburg, PA 17050 - Telephone Number: (717)697-8400.
4. The judgment arises out of a residential lease for the premises at 234 Fox
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
5. (a). The amount of the judgment is $8,173.00
(b). A security deposit in the amount of $3,150.00 is being held by the
judgment creditor-landlord. This security deposit:
has been applied
X has not been applied
to payment of the rent due on the same premises for which the judgment has been
entered. (Any security deposit that has not already been applied to rent will be deducted S
by the Prothonotary from the amount of the judgment in determining the amount to be
attached.) Aztl,G1D
CkW45V83
RMIL
(c). The amount of $0.00 has been paid toward satisfaction of the judgment.
(Do not include security deposit).
6. This Praecipe is filed within five years of the date of the original judgment
upon which execution is sought.
7. The judgment was entered (check one)
in a civil action commenced in the court of common pleas
X in an action brought before a magisterial district judge
in an action commenced in the Philadelphia Municipal Court
8. Check the appropriate paragraph and attached the required documents:
a. X if 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 with the magisterial district judge is attached to this Notice,
showing that the action arose from a residential lease.
b. if the judgment was entered in an action for the recovery of
possession of real property (Pa.R.C.P.M.D.J. 501 et seq.) before a
magisterial district judge, copies of the appropriate magisterial district
judge records are attached showing that the action arose from a
residential lease and that the defendant appeared for filed papers in the
action or that the complaint was served by handing a copy to the
Defendant.
C. if the judgment was entered in an action in the Philadelphia
Municipal Court in which the defendant was served pursuant to
Phila.M.C.R.Civ.P. No. 111(A) or (C), a copy of the complaint filed
with the Philadelphia Municipal Court is attached to this Notice,
showing that the action arose from a residential lease.
d. if the judgment was entered in an action in the Philadelphia
Municipal Court and defendant was served pursuant to
Phila.M.C.R.Civ.P. No.I 11(B), copies of the appropriate Philadelphia
Municipal Court records are attached showing that the action arose
from a residential lease and that the defendant appeared or filed papers
in the action.
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 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities. J
Date: 3 - 3- a o ( v
Atto for Judgment Creditor-
Landlord
HANAN AWADALLA,
Plaintiff
V.
JAMES POOL,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 2010- - CIVIL TERM
CIVIL ACTION - LAW
NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS
Date of service of this Notice:
(Date to be inserted by Sheriff)
A judgment has been entered against you in the court for nonpayment of rent for,
or damage to, residential property that you rented. The judgment creditor-landlord has
begun proceedings to attached 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 OT 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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." Pursuant to a notice published in the Federal Register, Vol. 75, No. 14,
January 22, 2010, pp.3734-3735, the 2009 poverty income guidelines have been
extended to March 1, 2010. The 2009 poverty income guideline figures that will
remain in effect 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 1,214.16
3 1,525.83
4 1,837.50
5 2,149.16
6 2,460.83
7 2,772.50
8 3,084.16
For each additional person, add 311.66
COMMONWEALTH OF PENNSYLVANIA
f-r)t ',xiTv rfs=• CUMERLAW
Mag. Diet No.:
09-3-04
MDJ Name: Mat,
THOKAS A. PLACEY
Address: 104 S SPOSTIM
M39cHANICS11IVac,
Telephone: (717 ) 761-8230
HILL RD
PA
17050
Filing Costs $
Postage $
Service Costs $ ?f-
Constable Ed. $
Total
T
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by
the prevailing party.
LANDLORD AND
PLAINTIFF: TENANT COMPLAINT
NAME and ADDRESS
r
n 1 c?. vs. `t z S
DEFENDANT: NAME end ADDRESS
?w•?s t Qa l
S C?1
1_ - ?Lo, w tS 6-L - i 70
Docket No.:
Date Filed:
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 Residential f-] Nonresidential.
0 Damages for injury to the real property, to wit:
in the amount of. $
Damages for the unjust detention of the real property in 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: Total: $--~-:!
1. The location and the address, if any, of the real property is: 3 Prv< b A BQ C' j 1,10
2. The plaintiff is the landlord of that property.
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. F-? The term for which the property was leased or rented is fully ended, or
,XA forfeiture -has resulted by reason of a breach of the conditions of the lease, to wit:
under whom you claim.
or,
RRent reserved and due has, upon demand, remained unsatisfied.
6. You retain the real property and refuse to (give up its possession.
1, ?1 CAvt a vt lam) C0"A a k \ tl verify that the facts set forth in this complaint
are true and correct to the best of my knowledge, information and bellef. This statement is made subject to the
penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) relating to un falsification t authorities.
jatnti
fPlaintift's Attomey) (Address) (Phone)
IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing, IF YOU HAVE A CLAIM against the ptebW arlsing out d the o=pancy of the premises,
which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it an a complaint form at this office BEFORE THE TIME set for the
hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and refit It cialmed, may novenhaina be entered against you.
A judgment against you for possession may result in your EVICTbN from the premises.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
.4'~tVt,,, ot'~q~utr~~.~i
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FLECK-.;;~="~C~
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Hanan Awadalla
vs.
James Pool
Case Number
2010-1554
SHERIFF'S RETURN OF SERVICE
03/09/2010 Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2010
at 1630 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within
named defendant, to wit: James Pool, by making known unto himself personally, at 6271 Carlisle Pike,
Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $46.44 SO ANSWERS,
March 10, 2010 RON R ANDERSON, SHERIFF
GERAL WORTHING'PON, PUTY SHERIFF
(c; Geun?gSuit~3 Sherrt'f_ T~el~ae.=.ofP_ Inc.
Fll_Et~.,;v~r i~
t ~ li_ ~ +.
2D 10 APP 27 P~ 1 ~ 13
Bryan W. Shook, Esquire GI ,~•r.'y ,.v.±~,~.Y
I D # 203250
Dethlefs-Pykosh Law Group, LLC ~ ~-~''! ~::%`~`~~~'%~,`"~~!.
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
BShookCa~dcdlaw.net
HANAN AWADALLA, COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No.: 2010-01554 -CIVIL TERM
JAMES POOL,
Defendant CIVIL ACTION -LAW
PRAECIPE FOR WRIT OF ATTACHMENT OF WAGES, SALARY OR COMMISSIONS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please kindly issue a Writ of Attachment of Wages, Salary or Commissions in the above
captioned matter.
(1) against Brenner Nissan, 6271 Carlisle Pike Mechanicsburg, PA 17050,
employer of the Defendant, James Pool.
Respectfully Submitted:
Date: ~ ~ • ~ ~ ~ oZ 0( 0
Bryan .Shook, Esquire
I D # 203250
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Attorney for Judgment Creditor-Landlord
HANAN AWADALLA,
Plaintiff
v.
JAMES POOL,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 2010-01554 -CIVIL TERM
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe For Writ of Attachment of
Wages, Salary or Commissions, was hereby served by depositing the same within the
custody of the United States Postal Service, First Class, postage prepaid, addressed as
follows:
James Pool
234 Fox Drive
Mechanicsburg, PA 17050
Date: /' ~~ f ~~~ °~d~~
Respectfully Submitted,.
i~_ ~~/ ~~
Bryan W. Shook, Esquire
I.D. # 203250
2132 Market Street
Camp Hill, Pennsylvania 17011
Attorney for Plaintiff