HomeMy WebLinkAbout10-1848
ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID #: 205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICK'S PROPERTIES, LTD, LLC;
JOE ELHAJJ, CUMBERLAND COUNTY COURT
1 West King Street OF COMMON PLEAS NO.
Shippensburg, PA 17257,
Plaintiff 04-V 1( erjA
V.
DUSTIN L. MEALS and FRANKLIN COUNTY MAG. DIST.
LASHAWNA DURHAM, COURT 39-3-07 NO.: LT-0000194-09
2740 Black Gap Road
Chambersburg, PA 17202,
Defendants
PRAECIPE TO TRANSFER MAGISTERIAL DISTRICT COURT JUDGMENT
TO THE PROTHONOTARY:
Kindly accept the transfer of the instant judgment issued by Magisterial District Court
39-3-07 (Franklin County) in the above-captioned case. A certified copy of the Magisterial
District Court Judgment Transcript and a certified copy of the Franklin County Prothonotary's
Affidavit of No Appeal are attached hereto.
4,2q-a!5 P4 Nay
a0p 1175
PTt a SSW
I?o?hce I?I.a?.(?dl
Date:
ANDREW . BENDER, ESQUIRE
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
PA Supreme Court ID #205763
Attorney for Judgment Creditor- Landlord
2
COMMONWEALTH OF PENNSYLVANIA
rni INITV nP:• FRANKLIN COUNTY
Mag. Dist. No.:
MDJ Name: Hon.
39-3-07
KELLY ROCK
Address: 2038-B LINCOLN WAY EAST
CHAMBERSBURG, PA
Telephone: 717 ) 263 - 5820 17202
NICKS PROPERTIES LTD,LLC;JOE ELHAJJ
1 W KING STREET APT/STE 2A
SHIPPENSBURG, PA 17257
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rNICKS PROPERTIES LTD,LLC;JOE ELHAJ3
1 W KING STREET APT/STS 2A
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
rMEALS, DUSTIN L AND LASHAWNA DURHAM
2740 BLACK GAP RD
CHAMBERSBURG, PA 17202
L -?
Docket No.: LT-0000194-09
Date Filed: 11/23/09
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
- ® Judgment was entered for: (Name) NICKS PROPERTIES LTD, LLC; JOE E
Judgment was entered against DURH
0 AM, LASHANNA N AND DUSTIN MEALS in a
12/03/09 (Date of Judgment)
794
51
4
Landlord/Tenant action in the amount of $ .
on
,
The amount of rent per month, as established by the Magisterial District Judge, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Established bMpJ ?S s • Security Deposit Applied = Adjudica ed Amount
.00= $ ,162.61
1 1 ME 6_S
Rent in Arrears $
Physical Damages Leasehold Property $ $
3,472.40 - .00= 3,472.40
=
Damages/Unjust Detention $ -00
_00-$ _ 00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ - 00
UT Judgment Amount $ d ,635.01
? Attachment Prohibited/ Judgment Costs $ 159.50
42 Pa.C.S. § 8127 Attorney Fees $ -no
? This case dismissed without prejudice. Total Judgment $ 4,794.51
?R Possession granted. Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Possession granted if money judgment is no satisfied y time o eviction.
? Possession not granted. ? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. 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.
12-04-09 Date ki , Magisterial District Judge
j
certify that this is a true an corr ct the lp"ord o the proceedings containing the judgment.
I - (y Date , Magisterial District Judge Q
My commission expires first Mond of January, 2016 • SEAL
AO C 315A-08
OFFICE OF THE PROTHONOTARY
FRANKLIN COUNTY, PA
AFFIDAVIT OF NO APPEAL
NICKS PROPERTIES LTD LLC
JOE ELHAJJ
1 W King Street APT/STE 2A
SHIPPENSBURG PA 17257
Plaintiff
VS.
LT-0000194-09
District Justice Docket Number
DUSTIN L MEALS and
LASHAWNA DURHAM
2740 Black Gap Road
CHAMBERSBURG PA 17202
Defendant
AND NOW, MARCH 8, 2010 , no District Justice Appeal has been
filed in the Court of Common Pleas of Franklin County in the above-captioned matter.
Linda L. Beard, Prothonotary
Deputy Prothonotary
157 Lincoln Way East Chambersburg, PA 17201 (717) 261-3858 Fax (717) 264-6772
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICK'S PROPERTIES, LTD, LLC;
JOE ELHAJJ, CUMBERLAND COUNTY COURT
1 West King Street OF COMMON PLEAS NO.
Shippensburg, PA 17257,
Plaintiff
V.
DUSTIN L. MEALS and FRANKLIN COUNTY MAG. DIST.
LASHAWNA DURHAM, COURT 39-3-07 NO.: LT-0000194-09
2740 Black Gap Road :
Chambersburg, PA 17202,
Defendants
CERTIFICATE OF SERVICE
The undersigned does hereby certify that the forgoing Praecipe was served upon the
following by forwarding same via U.S. Postal Service regular mail, postage prepaid at his last
known addresses:
Dustin L. Meals
145 South West Street
Carlisle, PA 17013.
Dustin L. Meals
2740 Black Gap Road
Chambersburg, PA 17202
Date: 03 150
ANDREW J. ENDER, ESQUIRE
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
PA Supreme Court ID #205763
Attorney for Judgment Creditor- Landlord
ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID #: 205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
F'l.k..? ?,,lµr' J?
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICK'S PROPERTIES, LTD, LLC;
JOE ELHAJJ, CUMBERLAND COUNTY COURT
1 West King Street OF COMMON PLEAS NO.
Shippensburg, PA 17257, Ip _ (g4 $ l ilvi l T em
Plaintiff
V.
DUSTIN L. MEALS and FRANKLIN COUNTY MAG. DIST.
LASHAWNA DURHAM, COURT 39-3-07 NO.: LT-0000194-09
2740 Black Gap Road
Chambersburg, PA 17202,
Defendants
PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES
TO THE PROTHONOTARY:
Kindly issue a Notice of Intent to Attach Wages in the above-captioned matter
(1) against Dustin L. Meals , defendant,
(2) against AT&T Mobility , employer of the defendant.
Date: 03 tS 1?
ANDREW J. BE ER, ESQUIRE
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
PA Supreme Court ID #205763
Attorney for Judgment Creditor- Landlord
*A4. c,0 P a A-rrY
alp Ir1q
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CERTIFICATION BY JUDGMENT CREDITOR LANDLORD
I certify that
The plaintiff judgment-creditor is:
2. The defendant judgment-debtor is
The employer garnishee is:
Nick's Properties, Ltd, LLC
1 West King Street
Ste. 2A
Shippensburg, PA 17257
Dustin L. Meals
145 South West Street
Carlisle, PA 17013
AT&T
40 Noble Boulevard
Carlisle, PA 17013
4. The judgment arises out of a residential lease for the premises at 2740 Black
Gap Road Chambersburg, PA 17202
(a) The amount of the judgment is $4,794.51
(b) A security deposit in the amount of $850.00 is being held by the
judgment creditor-landlord. This security deposit
has been applied
X has not been applied
to payment of 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 by the Prothonotary
from the amount of the judgment in determining the amount to be attached.)
(c) The amount of $0.00 has been paid toward satisfaction of
the judgment. (Do not include the 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 attach the required documents:
(a) 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.
X (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 or 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 in which the defendant was served pursuant to
Phila.M.C.R.Civ.P. No. 1 11(B), copies of the appropriate
Philadelphia Municiapal Court records are attached showing 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 the
unswom falsification to authorities.
Date: JOSEPH W. EL
Nick's Properties, Ltd, LLC
Judgment Creditor-Landlord
EXHIBIT "A"
COMMONWEALTH OF PENNSYLVANIA
rrnl IAITV nF• FRANKLIN COUNTY
Mag. Dist. No.:
MDJ Name: Hon.
39-3-07
KELLY ROCK
address: 2038-B LINCOLN
CHAMBERSBURG,
WAY EAST
PA
Telephone: (717 ) 263 - 5820
17202
NICKS PROPERTIES LTD,LLC;JOE ELHAJJ
1 W KING STREET APT/STE 2A
SHIPPENSBURG, PA 17257
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
(NICKS PROPERTIES LTD,LLC;JOE ELHAJ?
1 W KING STREET APT/STE 2A
SHIPPENSBURG, PA 17257
L -I
VS.
DEFENDANT: NAME and ADDRESS
f-MEALS, DUSTIN L AND LASHAWNA DURHAM
2740 BLACK GAP RD
CHAMBERSBURG, PA 17202
L J
Docket No.: LT- 0000194 - 09
Date Filed: 11/23/09
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) NICKS PROPERTIES LTD, LLC; JOE E
Judgment was entered against DURHAM, LASHAWNA N AND DUSTIN MEALS in a
® Landlord/Tenant action in the amount of $ 4,794.51 on 12/03/09 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ .00.
The total amount of the Security Deposit is $ .00
Total Amount Established?j.-{ b MfJ Less • Security Deposit Applied =
Rent in Arrears $ i, yl6 .61-$ .00=
Physical Damages Leasehold Property $ 3,472.40- .00=
Damages/Unjust Detention $ -00-1 _ 00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
LIT Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
F Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
$ Adjudicated Amount
1,162.61
$ 3,472.40
$ _00
$ _00
$ _00
$ 4,6'5_01
$ 159_50
$ _00
$ 4,794.51
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. 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.
12-04-09 Date Magisterial District Judge
certify that t Is Is a true an coZ?w or o the procee Ings containing the judgment.
j -- (? Date , Magisterial District Judge
My commission expires first MondWof January, 2016. SEAL
AO C 315A-OB
EXHIBIT "B"
C:QML40NWEALT14 OF P YLVAMA
COUNTY OF;
irq. olw. +lt.:
3l-3-07
iosf..,c w?
tif3Q,IL= RD=
Am"- 2038-2 143K < W WILY -XIM
PA
17,262
:wi aw (M ) 263-SUD
-Date P*d-
?7l7f,re P`nrda S 124.50 f f
/ f
pm"
Service Casts 337 t30
F>a.R C.P.D.J- No. 2t?B Sets forM? Moose oomis r$oorrerasle by
"%& fttAl ESM rAtM
LANDUMD AND
TENANT COMPLAINT
rNiCtcs PROPERTIES LTD LLC; JOE ELHAQJJ
1 WEST KING ST., SUITE 2A
?SHIPPENSBURG, PA 17257 J
vs
OF,F9Kwa` ~ ww m mm
r DUSTIN L. MEALS
LASHAWNA M. DURHAM
2740 BLACK GAP ROAD ?
LCHAMBERSBURG, PA 17202
DoCW W: LT 194-09
t)M FAed: 11/23/09
To TliE DEFENDANT- Tho atinMo namod pbum
a judgment erwith CaSIS against you for
#w possesgion of feral prWarly and for.
Leese is ¦ RealtitoW ? NanilesidWtid.
Darmges for W" to ifte peal properly, to wit UNPAID UTILITY BILLS AS PER LEASE AGREE.
DAMAGES TO INTERIOR OF BUILDING in the arrrauntaF SAM-40
FIDarnepes for to ur" detention of Lire real property in the amount af s -----
Rent reffd& g due aria unpaid on f ft dets in to arnmd of + LATE FEES $ 1162.61
Ana additional vent remaining &* and w"Id on hearing do* $
0 Attamey fees in on amount of s - -
THE PLMTIFF FMTHER AURGES THAT. Tow 3 4=.01
1. The b a 0m and dte addrew it any, of Vw real pity W. 2740 BLACK GAP RD. CHAMBERSBURG, PA 17202
2. The pla" is the lar dkft of that properly.
3. He based or rented the property to you or 1C _ - under wham you claim.
4. [:]Notioe to quit was "n in aaa rdwae with hm. or
N No notice is mpired under the leans of the tlase.
5. [-] The terra for Which" property was tsasea or m*od Is fulg? mded, or
EA forteihae hraa resulted by r+easan of a brew of the aonftns of tv lem. to wt RENT UTILITES
& DAMAGES REMAIN UNPAID - -- or,
Hens remarved and due has. open demand, rlxasL'r+ed died.
6. You retain the mal wwartt+ and refum to olva up its p0atfa91w-
4 JOSEPH W. ELHAJJ verify me the salfiartlt in MtisoanplallM to the
arcs Inm and correct to the heat of rpy . inions?tadan and bee TWO Ks to ?s
penalties of SeCtktrt 4904 of ttte Grirtws Cod® 18 PA. G. S. li I f ,
is tom/ ?...-.--.
W %VV. WK .arcwia ,. we....,+.... f.+?•rlwr M «+.+.+"'! ! v?U.uNtwi<AY.w,+?IV,+MO??i?Twi.,eja. rwiw Mugiw?r•
sn w/? nrtif ar+wi?*rr4aCMOla10 wi1e1 ?1aw a? •??1liitnp >fCY M46r /?E Y *?•i-a?+r,.r?t.rraiF? 1?c ?1.I?.a.
6" l RIM
fkux'% IFVW0rJ1*1AVVWAT1WF -40Ia?ili?Mi 111imt?>t7d/Efriq?r ltd trlfi MO. iMMINM1N MIIfM yi11M y1?
Nyman YO;f p?o-ry uuil,f„rwsVlrtlOM t•ii?ioRi,l,i?i. G1w" Cmw Me till sell %*m
dhs6lse earl r Rra a w..a?le aooo l !! arwia ao?M w ers ?iyNww - - -_- - -_-•
Z0 39Vd L0-£-6£ I?MD ISIG 9ZIb£9Z
69:vl 010Z/80/Z0
EXHIBIT "C"
COMMONWEALTH OF PENNSYLVANIA
CO JNTY OF: FRAM MIK COUMY
Owe. Oat. No.. ?-
39-3-07
MDJ Nama: !-Inn
BELLY ROCK
Add'"": 2039-B L7NWLH WAY MAST
BURG, PA
,a?aphnc. (717) 263-5820 17203
KELLY ROCK
2038-B LIPCOLN WAY RAST
CRAMBRRIII<BURA, PA 17202
SERVICE OF PROCESS
PLAIN`nFF. NAME and ADDRESS
FJa=B PROPERTIES LTD, LLC; J0a ZUMJd
1 x x3310 BTR>8ET APT/STE 2A
SKIPPENBBORA, PA 17257
L
J
VS.
DrEF51NIDANT: NAME wmMMSAAADDRESS
4MB, DUSTIN L AND LASBA11J M DQRUAIi
2740 BIJLM GAP RD
CRAMSMSBURG, PA 17202
L J
Docket No_: LT-0000194--09
Date Filed: 11/23/09
Served upon DUSTIN L EWALD DEF S1 by handing a copy of
Describe Document(s): (Person to as Served)
RCVY REAL PRPTY XRG NOTIC
to
(Person Actually Served) (AvAati"hip/TiUe)
on , at M., at
(Llatm) (Time)
(Lacaation)
For Landlord/Tenant complaints.
Since none of the above found, served by posting a copy of the complaint conspicuously on Ire
premises on / 2.5 1 0 a , at2 • 4 ' P. M
(Date) ,. (Time)
at A7J-/Q.-,J5kA.C-K GAE 91)
(Location)
Miles Traveled: L4 ZZ'd 1 -42
(Signature)
C-aNs-rA ISLE
y 4 5H 6 "1 Al
AOPC 624.04 (Print Name and Titia)
DART! PRDMXD:11/23/09 2:21:09 PE
TO 39VcJ LO-6-66 18nOD iSIQ 91TV69Z 69411 6Z0Z/80/Z0
EXHIBIT "D"
..
OFFICE OF THE PROTHONOTARY
FRANKLIN COUNTY, PA
AFFIDAVIT OF NO APPEAL
NICKS PROPERTIES LTD LLC
JOE ELHAJJ
1 W King Street APT/STE 2A
SHIPPENSBURG PA 17257
Plaintiff
vs.
LT-0000194-09
District Justice Docket Number
DUSTIN L MEALS and
LASHAWNA DURHAM
2740 Black Gap Road
CHAMBERSBURG PA 17202
Defendant
AND NOW, MARCH 8, 2010 , no District Justice Appeal has been
filed in the Court of Common Pleas of Franklin County in the above-captioned matter.
K * t ? c
Linda L. Beard, Prothonotary
Deputy Prothonotary
157 Lincoln Way East Chambersburg, PA 17201 (717) 261-3858 Fax (717) 264-6772
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICK'S PROPERTIES, LTD, LLC;
JOE ELHAJJ, CUMBERLAND COUNTY COURT
1 West King Street OF COMMON PLEAS NO.
Shippensburg, PA 17257,
Plaintiff
V.
DUSTIN L. MEALS and FRANKLIN COUNTY MAG. DIST.
LASHAWNA DURHAM, COURT 39-3-07 NO.: LT-0000194-09
2740 Black Gap Road
Chambersburg, PA 17202,
Defendants
CERTIFICATE OF SERVICE
The undersigned does hereby certify that the forgoing Praecipe and attached Notice were
delivered to the Sheriff of Cumberland County for service upon Dustin L. Meals, 145 South
West Street, Carlisle, PA 17013, in accordance with Pa.R.C.P. 400, et seq.
1
Date: Olt,
11 1
ANDREW J. BENDER, ESQUIRE
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
PA Supreme Court ID #205763
Attorney for Judgment Creditor- Landlord
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICK'S PROPERTIES, LTD, LLC;
JOE ELHAJJ, CUMBERLAND COUNTY COURT
1 West King Street OF COMMON PLEAS NO.
Shippensburg, PA 17257,
Plaintiff 1 O _ 188 ?; vi T?fw
V.
DUSTIN L. MEALS and FRANKLIN COUNTY MAG. DIST.
LASHAWNA DURHAM, COURT 39-3-07 NO.: LT-0000194-09
2740 Black Gap Road
Chambersburg, PA 17202,
Defendants
NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS
Date of Service of this Notice:
Sheriff)
(Date to be inserted by the
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 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 Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 OR (800) 990-9108
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICK'S PROPERTIES, LTD, LLC;
JOE ELHAJJ, CUMBERLAND COUNTY COURT
1 West King Street OF COMMON PLEAS NO.
Shippensburg, PA 17257, J` ?Ze?h
Plaintiff 0 - $y $ C+
V.
DUSTIN L. MEALS and FRANKLIN COUNTY MAG. DIST.
LASHAWNA DURHAM, COURT 39-3-07 NO.: LT-0000194-09
2740 Black Gap Road
Chambersburg, PA 17202,
Defendants
CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT
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 my 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.)
are and t. I
I certify that the statements made in this Claim o? ? penalties of 18 Pa.C S §c4904
understand that false statements herein are made subject
relating to unworn falsification to authorities.
DATE: Defendant
This claim shall be delivered or mailed to:
Office of the Prothonotary
Court of Common Pleas of Cumberland County
1 Courthouse Square
Suite 100
Carlisle, PA 17013
(717) 240-6195
2
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
FILE !-?
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
2010 MAR 22 Ai•; 8: 39
Q
r;
Nick's Properties, Ltd. LLC
vs.
Dustin L. Meals
Case Number
2010-1848
SHERIFF'S RETURN OF SERVICE
03/18/2010 01:45 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 18,
2010 at 1345 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within
named defendant, to wit: Dustin L. Meals, by making known unto himself personally, at 40 Noble
Boulevard, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing
to him personally the said true and correct copy of the same.
SHERIFF COST: $38.80
March 19, 2010
- 47 ----?
4
DENO FRY, DVUTIY
SO ANSWERS,]
RON ~ R ANDERSON, SHERIFF
'C` 0011 .ySu to She?1 T -t. In;;.
Nick's Properties, LTD, LLC;
Joe Elhajj
VS
Dustin L. Meals and
Lashawna Durham,
Employee
TO: AT&T Mobility
40 Noble Blvd
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 10-1848 -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 $3,944.51 (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: Allied
Attorneys of Central Pennsylvania L.L.C. 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:
Dustin L. Meals
2740 Black Gap Rd.
Chambersburg, PA 17202
Any questions should be directed to the Plaintiff-Creditor:
Andrew J. Bender, Esq., allied attorneys of Central Pennsylvania, L.L.C. 61 W. Lowther St., Carlisle,
PA 17013
~-/
Date: 4/23/2010 < <
Davi D. Buell, Prothonotary
Costs: $90.05 pd atty By Deputy:
$2.00 Due Co.
~,~ T i~ C ^' ~ ~ ~ i+ jT~i~i
JI
ANDREW J. BENDER, ESQUIRE
PA Supreme Court ID #: 205763
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
2010 A~'~ 23 A~ f I ~ 0~
Cuw~~;, _, '_;'~;v?~
~~ ~•~. ~~~LUr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICK' S PROPERTIES, LTD, LLC;
JOE ELHAJJ, CUMBERLAND COUNTY COURT
1 West King Street OF COMMON PLEAS NO.: 10-1848
Shippensburg, PA 17257,
Plaintiff
v.
DUSTIN L. MEALS and FRANKLIN COUNTY MAG. DIST.
LASHAWNA DURHAM, COURT 39-3-07 NO.: LT-0000194-09
2740 Black Gap Road
Chambersburg, PA 17202,
Defendants
PRAECIPE FOR WRIT OF ATTACHMENT OF WAGES
TO THE PROTHONOTARY:
A Notice of Judgment/Transcript Residential Lease has been filed with the Cumberland
County Prothonotary's office against the Defendants, DUSTIN L. MEALS and LASHAWNA
DURHAM, in the amount of $4,794.51. Kindly issue a Writ of Attachment of Wages, Salary or
Commissions of Defendant, DUSTIN L. MEALS. Mr. MEALS' employer is AT&T Mobility of
40 Noble Boulevard, Carlisle, Pennsylvania 17013. Mr. MEALS was served with a Notice of
Intent to Attach Wages, Salary or Commissions by the Cumberland County Deputy Sheriff on
March 18, 2010. Defendant MEALS has not timely filed a Claim for Exemption from Wage
Attachment. ~~. ~(~ Fd • <~~
si. ~ s ~ "
40. ~'S •.
A copy of the Cumberland County Deputy Sheriff s Return of Service is attached hereto
as Exhibit "A".
Plaintiff holds a security deposit in the amount of $850.00 on Defendants' account.
Accordingly, the total amount of Defendant MEALS' wages which should be attached is
$3,944.51 plus costs. Kindly forward Defendant MEALS' attached wages to the undersigned
attorney made payable to Allied Attorneys of Central Pennsylvania, L.L.C. as receiving agent for
Plaintiffs.
Date: Q~ ~.3 ~u
ANDREW J. ENDER, ESQUIRE
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
PA Supreme Court ID #205763
Attorney for Judgment Creditor- Landlord
2
EXHIBIT "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
Nick's Properties, Ltd.. LLC Case Number
vs.
Dustin L. Meals 2010-1848
SHERIFF'S RETURN OF SERVICE
03/18/2010 01:45 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 18,
2010 at 1345 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within
named defendant, to wit: Dustin L. Meals, by making known unto himself personally, at 40 Noble
Boulevard, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing
to him personally the said true and correct copy of the same.
DEND FRY, D UT
SHERIFF COST: $38.80
March 19, 2010
SO ANSWERS,
1 '~
RON<;TY R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NICK' S PROPERTIES, LTD, LLC;
JOE ELHAJJ,
1 West King Street
Shippensburg, PA 17257,
Plaintiff
v.
CUMBERLAND COUNTY COURT
OF COMMON PLEAS NO.
DUSTIN L. MEALS and FRANKLIN COUNTY MAG. DIST.
LASHAWNA DURHAM, COURT 39-3-07 NO.: LT-0000194-09
2740 Black Gap Road
Chambersburg, PA 17202,
Defendants
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of the foregoing
Praecipe for Writ of Attachment of Wages was served on the following, in accordance with the
Pennsylvania Rules of Civil Procedure, by forwarding a copy of same via U.S. Postal Service,
first class mail, postage prepaid:
Dustin L. Meals
145 South West Street
Carlisle, PA 17013
Lawshawna Durham
2740 Black Gap Road
Chambersburg, PA 17202
Date: ~`~ ~3 ~~
Dustin L. Meals
2740 Black Gap Road
Chambersburg, PA 17202
AT&T Mobility
40 Noble Boulevard
Carlisle, PA 17013
ANDREW J. BENDER, ESQUIRE
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
PA Supreme Court ID #205763
Attorney for Judgment Creditor- Landlord