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HomeMy WebLinkAbout08-6068 Aom ?' LITLILAKIS Wayne Melnick, Esquire Attorney I.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, VS. RAYMOND HOLLOWAY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY CIVIL ACTION - LAW Defendant NO. OF 2008 CIVIL TO DEFENDANT RAYMOND HOLLOWAY: NOTICE TO DEFEND AND CLAIM RIGHTS 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 an 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 plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 , Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 09 " 6 v 4 P OF 2008 CIVIL COMPLAINT AND NOW, comes the Plaintiff, Abom & Kutulakis, LLP, and makes the Alom ?' LULAKIS Wayne Melnick, Esquire Attorney I.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, VS. Plaintiff RAYMOND HOLLOWAY, following Complaint against the Defendant, Raymond Holloway, as follows: 1. The Plaintiff is Abom & Kutulakis, LLP, a Pennsylvania limited liability partnership engaged in the practice of law with an address of 36 South Hanover Street, Carlisle, PA 17013. 2. The Defendant is Raymond Holloway, an individual with an address of 4005 Riders Lane, Mechanicsburg, PA 17050. 3. The parties entered a contract for legal representation dated May 18, 2006, a copy of which is attached hereto and marked as Exhibit A. 4. To date, the Defendants have incurred unpaid services with the Plaintiff in the amount of $9,982.23. A copy of Defendant's latest invoice is attached hereto and marked as Exhibit B. 5. Plaintiff has made numerous demands for the outstanding payment. 6. All payments made by Defendant to date have been applied against his outstanding balance. 7. In addition to the amount owed for legal services, the Defendant owes interest on the unpaid invoices, as well as reasonable legal fees. 8. Defendant's unpaid interest totals $3,400.25 as of October 2, 2008. WHEREFORE, the Plaintiff demands Judgment against the Defendant in the amount of $13,382.48 plus reasonable legal fees, costs, and interest as permitted by law. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: /d to By: ayne M nick, Esquire Attorney I.D. No. 53150 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of Pa.C.S. 54904, relating to unsworn falsification to authorities. Q O Date FEE AGREEMENT 1. KNOW ALL MEN BY THESE PRESENT, that the undersigned, Raymond Holloway, hereinafter referred to as "Client," does hereby irrevocably name, appoint and retain, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., 36 South Hanover Street, Carlisle, PA as my true and lawful attorney, hereafter referred to as "Counsel," for legal representation for the following purpose: to draft and file a legal memorandum to Judge Ebert regarding custody, standing and paternity; perform legal research regarding this issue; file a Notice of Appeal with the Superior Court of Pennsylvania, if necessary. 2. With full power and authority to appear on behalf of the Client in any court of record or in any other proceeding whatsoever, as per the limits of this Agreement. 3. And in consideration of services performed and to be performed by Counsel, it is agreed that Counsel shall charge $190.00 per hour and receive a nonrefundable retainer of $2,500.00 payable upon execution of this Agreement. The retainer fee includes the legal fees stated above, as well as the anticipated filing and administrative fees. 4. In addition, it is understood that the Client shall be solely responsible, in addition to the fee, for all costs, expenses and disbursements that are necessary to the defense of the case. Out of pocket expenses for travel, toll calls, expert witnesses, and similar items for certain administrative services, such as photocopying, telecopy transmission and receipt, computer assisted research, special delivery and secretarial overtime specifically related to your case, will be billed in addition to the fee set forth above. 5. Client agrees to pay all bills within fourteen days of presentation. Client agrees to pay 1.5% interest per month on all outstanding balances in excess of 30 days from the date of invoice. If a bill is not timely paid, Counsel has the right to cease rendering legal services or, in the case of a litigation matter, Counsel may petition any court to withdraw as counsel. 6. You may terminate our representation in this matter at any time. We have the same right, subject to our obligation to give you reasonable notice to arrange alternative representation. You also have a right to retrieve your file at any time. Abom & Kutulakis, L.L.P. will maintain your file for a statutory period of 5 years. This is notice that your file will be purged after the statutory period runs. Date: 4?d'? Raymo d Holloway AaOM& KurULAKIS, L. L. P. Date: 41 0 Kara W. Haggerty, Es e Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Raymond Holloway 4005 Riders Lane Mechanicsburg, PA 17050 Attention: RE: Ph: (717) 249-0900 Fax: (717) 249-3344 Federal I.D. 25-1877844 Oct 02, 2008 FILE #: 06-170 INVOICE #: 25724 Total Fees, Disbursements $0.00 Retainer Applied $0.00 Retainer Remaining $0.00 Previous Balance $9,982.23 Previous Payments $0.00 Interest Paid Since Previous Invoice $0.00 Interest Due $3,400.25 Balance Due Now $13,382.48 q? /`! ?? IEt SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06068 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABOM & KUTULAKIS LLP VS HOLLOWAY RAYMOND R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT rr 1 r -1- - T T 1T1ff^ATT1 but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 4005 RIDERS LANE . HOLLOWAY RAYMOND NOT FOUND , as to MECHANICSBURG, PA 17050 DEFEDANT DOES NOT LIVE AT GIVEN ADDRESS. PER POST OFFICE ruANrE OF ADDRESS IS TOO OLD-NO RECORD ON FILE. Sheriff's Costs: So answers - -'?? Docketing 18.00 ?--- Service 10.00 Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County Postage 59 / 0/3 6/0 g 43.59- ABOM & KUTULAKI S 10/29/2008 Sworn and Subscribed to before me this day of A. D. r -" -ABOM & KUTULAKIS Wayne Melnick, Esquire Attorney I. D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. RAYMOND HOLLOWAY, CIVIL ACTION - LAW Defendant NO. 6068 OF 2008 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Pursuant to Pa R.C.P. 401(b)(1), please reinstate the Complaint in the above- captioned matter. Respectfully submitted, Date: ! a ABOM & KUTUL,4KIS, L.L.P. By: Wayn Melnick, Esquire Attorney I.D. No. 53150 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE `2 hd I, Wayne Melnick, Esquire, hereby certify that on this 1e day of December, 2008, a true and correct copy of the foregoing Praecipe to Reinstate Complaint was served upon the party named below via First Class Mail addressed as follows: Raymond Holloway 6 Sheeley Lane Boiling Springs, PA 17007 ,/? Cam? Wayne Melnick, Esquire 3 t y fnz.? ... rye SHERIFF'S RETURN - REGULAR CASE NO: 2008-06068 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABOM & KUTULAKIS LLP VS HOLLOWAY RAYMOND NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOLLOWAY RAYMOND the DEFENDANT , at 2045:00 HOURS, on the 29th day of December , 2008 at 6 SHEELEY LANE BOILING SPRINGS, PA 17007 ANTHONY HOLLOWAY, SON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.50 Postage .56 Surcharge 10.00 R. Thomas Kline .00 33.06 12/30/2008 ABOM & KUTULAKIS Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. C..:> . ' «> ;'?? x}»y. t ._ ??.. ?r , .. ?' ?.?. }fix • . '?? OM & Nu ULAKIS IY/ayne Melnick, Esquire Attorney I.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 20-0900 ABOM & KUTULAKIS, LLP, VS. Plaintiff RAYMOND HOLLOWAY, Defendant TO: Raymond Holloway 6 Sheeley Lane Boiling Springs, PA 17007 Date of Notice: January 20, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2008-06068 IMPORTANT NOTICE 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9180 or (717) 249-3166 Respectfully submitted, DATE v OD ABOM & KUTUL*KIS, LLP Wayne Mel-lick, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 53150 II CERTIFICATE OF SERVICE AND NOW, this Vday of January, 2009, I, Emily Filiberti, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Notice of Intent to Seek Default judgment upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Raymond Holloway 6 Sheeley Lane Boiling Springs, PA 17007 Emily berti r-? s : .--t ry ,,,,. ??' `?; .? [d r.-, , r- <..? ? ? S~ • . s/ ?? 4 `i `„? ...yam??? ..%'' ?f. ? ? ? A..? [f'i 0J OM & LITLILAKIS Wayne Melnick, Esquire Attorney 1.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY Vs. RAYMOND HOLLOWAY, CIVIL ACTION - LAW Defendant NO. 2008-06068 PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of Plaintiff, Abom & Kutulakis, LLP, and against Defendant, Raymond Holloway, for the Defendant's failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint by the Cumberland County Sheriff's office on December 29, 2008. Defendant's answer was due to be filed on January 19, 2009. Attached as Exhibit "A" is a copy of Plaintiff s written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the Defendant at her last known address on January 16, 2009, which is at least 10 days prior to the filing of this Praecipe. Defendant has no attorney of record. v J Please assess damages as follows: Outstanding balance: Iterest: Costs: Total: DATE- $10 ' 049.17 $4,094.58 $155.15 $14,298.90 Respectfully submitted, ABOM & KUTULAKrs, LLP Wayne lnick, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 53150 r V ? 40 ABOM c& ' I?uTLILAKIS Wayne Melnick, Esquire Attorney LD. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 20-0900 ABOM & KUTULAKIS, LLP, VS. RAYMOND HOLLOWAY, or THE ko, . -n, OT,? Y 2009 JAN 2I PH 2: 35 u.ITY F„4?? llt,t?+n IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY CIVIL ACTION - LAW Defendant NO. 2008-06068 TO: Raymond Holloway 6 Sheeley Lane Boiling Springs, PA 17007 Date of Notice: January 20, 2009 IMPORTANT NOTICE 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9180 or (717) 249-3166 Respectfully submitted, ABOM & KUTUL¢Kis, LLP --%. d? 4 ljD DATE Jen Wayne Melnick, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 53150 f? CERTIFICATE OF SERVICE AND NOW, this day of January, 2009, I, Emily Filiberti, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Notice of Intent to Seek Default judgment upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Raymond Holloway 6 Sheeley Lane Boiling Springs, PA 17007 Emily berti - i CERTIFICATE OF SERVICE AND NOW, this 25``' day of February, 2009, I, Emily J. Filiberti, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Default judgment upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Raymond Holloway 6 Sheeley Lane Boiling Springs, PA 17007 A14- Emily J. ilierti N ? N d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Abom & Kutulakis, LLP : ? Confessed Judgment 2 West High Street : ® Other Carlisle, PA 17013 : File No. 2008-06068 : Amount Due $10,049.17 V. :Interest $4,094.58 Raymond Holloway : Atty's Comm n o 6 Sheeley Lane : Cost $155.15 ca` Boiling Springs, PA 17007 n <<, -? r ..% _° Y R7 -l CD TO THE PROTHONOTARY OF THE SAID COURT: = _j -` The undersigned hereby certifies that the below does not arise out of a retail installmtole, ? contract, or account based on a confession of judgment, but if it does, it is based on the approp 'e CA) rs original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant talct 61 1974 as amended. -_j < Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Personal property. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee (s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) S 2y, o 6 pAa-41 40-'X176 '1113, -?' Lass 11 G 9P 7?, sD '' 1 9,16,06 It it h ii 91 7) it l and all other property of the defendant (s) in the possession, custody or control of the said garnishee (s). T'Lo 6,0ae ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the (..o Defendant (s) described in the attached exhibit. Date: Af?lj Signature: . 5'0 D ,.- Date: 7, )'010 Z[. Print Name: Wayne ?elnick Address: 2 West High Street Carlisle, Pa 17013 Attorney for: Abom & Kutulakis Telephone: 717-249-0900 Surpreme Court ID No: 53150 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6068 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Abom & Kutulakis, LLP Plaintiff (s) From Raymond Holloway, 6 Sheeley Lane, Boiling Springs, PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell Personal property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$10,049.17 Interest $4,094.58 Atty's Comm % Atty Paid $ G^SS L.L. $.50 Due Prothy $2.00 Other Costs$155.15 Plaintiff Paid Date: April 27, 2010 (Seal) Deputy REQUESTING PARTY: Name Wayne Melnick, Esquire Address: Abom & Kutulakis, LLP, 2 West High Street, Carlisle, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-0900 Supreme Court ID No. 53150 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor .. VOIr of C1tanG11r4'1 FILED-OFFICE THE P"R0 H10-?40TAARY 2011 JAN -6 AM 9: 2? ""IJMBERLA?0 C t)uip'%k .t, Abom & Kutulakis, LLP vs. Raymond Holloway Case Number 2008-6068 SHERIFF'S RETURN OF SERVICE 06/09/2010 09:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 9, 2010 at 2113 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Raymond Holloway, by making known unto Raymond Holloway, at 6 Sheeley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007, its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 06-10-10. 01/05/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $69.01 January 05, 2011 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF 1ByN,_Zkj_4r?e ) V,- - 4 Sharon R. La -vzyn ?,-L 0V4 ng4ty -R_j? a532,98 il?i OURIT SAte She, ff. 7e eosoft I -1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOOS-6068 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Abom & Kutulakis, LLP Plaintiff (s) From Raymond Holloway, 6 Sheeley Lane, Boiling Springs, PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell Personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$10,049.17 Interest $4,094.58 L.L. $.50 Atty's Comm % Atty Paid S d.0T. ( 5' Due Prothy $2.00 Other Costs$155.15 Plaintiff Paid Date: April 27, 2010 Davi 74)- Buell, Proth notary (Seal) By: Deputy REQUESTING PARTY: Name Wayne Melnick, Esquire Address: Abom & Kutulakis, LLP, 2 West High Street, Carlisle, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-0900 Supreme Court ID No. 53150