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Home My WebLink About10-1049ERIC L. DIFFENBAUGH IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V n °-; CIVIL DIVISION - LAW: . W THOMAS H. McELWEE, Jr. and f=;' -- C BECKY S. McELWEE, NO. 10 - lo4q CIVk TERIOf Defendants - ; -' ` 7m NOTICE ° YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of 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, 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 Bedford Street Carlisle, PA 17013 (717) 249-3166 O 4ga.0 o p Q ATP/ (0 45W 127* aMsof. I lp lit Ili R • 00 r ? i 00 D '•???!{fir { ]a] 3 y?y8??lI ? •' 6 { MEN !j E?Ei?t f!I(1M N t???aA lit iD ? a • o j / $ o j? as SiI!{! 11A E ala ?! 4! m m ab A I Ali: _ a 3m I qn 'a°f !a{? 0 ,s N 1?1 ? [ ? mi i:i ? BIG SP-- - RrniQ.;? ?° 1 as • is ? O ( ` -- ': { ? ----- ?o !? rte tit - N aTr s_ ;l e [[i [{ zi! ? ? a7 31A ??°? ? aE ]Ea'? ?3 ? $?? °b?•! ? ! E ?EEd?????? , ? . - r * ? fi ? ?I ,?a ? a ? lb?l as x ?'°? E?a ? a a? a9`Fa$??y? ? ?} (: ?$b[? ?8 ?fRY ?, ?a,1 + ?? ^a ^. ?? ja ?{ a ?a ?? ? ?? ??als???`Z'e ? $;dda? ? ?i0 $p 3 # ? ">?•'` y?7°m (?. ? : y 7 O8'? ?p? a5 will, li 40,21 IE?Em g g. ii ' E• b . q 'c !: b ! ° f 1 r E ($R ?a is 4f! ?p?'i ? 1 ? y q ? a ? 2 oil ? ?1' ?E?i5 t ?3a re 1'sfi$? 5;»',Er fI [Y m ; I FINAL SUBDIVISION PLAN FOR ! E gl° c$ } g?? m $ 7 r DIFFENBAUG THOMAS H. Jr. & S I t d;E+€'- f 1;?_s" a m - A i . u± 11 C ! ! i E BECKY S. McELWEF E == y t : ??a• ? 10 ?, (INDEX M:U) ! ! E ! f¢ l ? ? If EXHIBIT A g 0 0 i t Eric Diffenbaugh Surveying 25 Broad Street Newville, PA 17241 BILL TO Tom McElwee 250 Jumper Road Newburg, Pa. 17240 Invoice DATE I# 9/8/2008 TERMS PROJECT Net 30 07-039 DESCRIPTION AMOUNT Survey approximately 25 acres of the eastern portion of your farm located in West 24,991.00 Pennsboro Township. Prepare a seven lot subdivision plan with a private right-of-way for approval by the township and county. Complete the DEP planning modules for the proposed sewage disposal systems. Prepare a stormwater management plan with stormwater facility design. Stormwater channel design along Log Cabin Road with the driveway pipe design. Prepare an erosion & sedimentation control plan for approval by the county conservation district. Prepare a NPDES stormwater discharge permit application with the required stormwater design. Attend the township planning commission and supervisors meetings. Courthouse research, computations, blueprints, and copies necessary for the plan approval. Prepare a right-of-way agreement for the private right-of-way as required by West Pennsboro Township. r EXHIBIT Total $24,991.00 U Eric Diffenbaugh Surveying 25 Broad Street Newville, PA 17241 BILL TO Tom McElwee 250 Jumper Road Newburg, Pa. 17240 Invoice DATE INVOICE # 9/8/2008 3499 TERMS PROJECT Net 30 07-039 DESCRIPTION AMOUNT Survey approximately 25 acres of the eastern portion of your farm located in West 24,991.00 Pennsboro Township. Prepare a seven lot subdivision plan with a private right-of-way for approval by the township and county. Complete the DEP planning modules for the proposed sewage disposal systems. Prepare a stormwater management plan with stormwater facility design. Stormwater channel design along Log Cabin Road with the driveway pipe design. Prepare an erosion & sedimentation control plan for approval by the county conservation district. Prepare a NPDES stormwater discharge permit application with the required stormwater design. Attend the township planning commission and supervisors meetings. Courthouse research, computations, blueprints, and copies necessary for the plan approval. Prepare a right-of-way agreement for the private right-of-way as required by West Pennsboro Township. Finance charge 374.87 Past due amounts are subject to a finance charge of 1.5% monthly 0 EXHIBIT Total $25,365.87 U V Eric Diffenbaugh Surveying 25 Broad Street Newville, PA 17241 BILL TO Tom McElwee 250 Jumper Road Newburg, Pa. 17240 Invoice DATE INVOICE # 6/27/2009 3599 TERMS PROJECT Net 30 05-039 DESCRIPTION AMOUNT Past due amount from invoice # 3499 25,365.87 Set the property corners on the seven lots along Log Cabin Road. 1,543.00 Finance charge (-,?07.3 -= r'y(vn ?"?S ?' Co ?> Past due amounts are subject to a finance charge of 1.5% monthly rq EXHIBIT Total $27,416.19 U Turo Law Offices RON TURD, Esquire - Of Counsel GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire MICHAEL R. SMITH, Esquire LORIN A. SNYDER, Esquire October 27, 2009 Thomas H. McElwee, Jr. 250 Jumper Road Newburg, PA 17240 RE: Eric Diffenbaugh Surveying Dear Mr. McElwee: www.TuroLaw.com 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 Eric Diffenbaugh has asked me to write you concerning the $27,964.51 you have owed him since September 2008. In July 2008 he completed the Final Subdivision Plan for Thomas H., Jr. and Becky S. McElwee, which plan has been submitted, approved and recorded in the Office of the Recorder of Deeds in and for Cumberland County. The cost of this plan was $24,991.00. On September 8, 2008, he sent you Invoice 3499 in the amount of $25,365.87, which included finance charges of $374.87. On June 27, 2009, Eric sent you invoice 3599 in the amount of $27,416.19, which included the delinquent amount plus charges for setting the property corners for your seven lots, plus additional finance charges on the delinquent balance. Most recently, Eric sent you invoice 3631 in the amount of $27,964.51, which includes the delinquent balances plus additional finance charges. Not only have you not made even a partial payment against your debt, but you have not even contacted him to arrange to resolve the debt. This is not acceptable. Please contact me immediately or send a check in the amount of $27,964.51 to my attention at the address referenced above. If I do not hear from you within ten days of the date of this letter, I will recommend to my client that he institute legal action. So that further action is not necessary, please call me today. Sincerely, James M. Robinson, Esquire JrobinsonCr?Turolaw.com EXHIBIT Eric Diffenbaugh Surveying 25 Broad Street Newville, PA 17241 BILL TO Tom McElwee 250 Jumper Road Newburg, Pa. 17240 Invoice DATE INVOICE # 1012212009 3631 TERMS PROJECT Net 30 05-039 DESCRIPTION AMOUNT Past due amount from invoice # 3599 27,416.19 548.32 Finance charge Total $27,964.51 VERIFICATION I verify that the statements made in the foregoing Complaint 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. U D e Eric L. Diffenba OVERSIZE EXHIBIT CAN NOT BE SCANNED SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ?4«?tit4' of ?urubrrf??4 1PF LUI? {irt ? IJ ??11 L' L C U iY. T'y Eric L. Diffenbaugh vs. Case Number . Thomas H. McElwee, Jr. (et al.) 2010-1049 SHERIFF'S RETURN OF SERVICE 02/16/2010 08:20 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16 2010 at 2020 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Becky S. McElwee, by making known unto herself personally, at 250 Jumper Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. DEN IS FRY, DOUT 03/15/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on March 15, 2010, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas H. McElwee Jr. After several attempts the Complaint and Notice has expired. SHERIFF COST: $62.44 SO ANSWERS, r 7? March 15, 2010 RON R ANDERSON, SHERIFF s)%ountySUiteSrenff, 7e1eosoti h,, ERIC L. DIFFENBAUGH IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL DIVISION -LAW a~~-. ~. ~- ~.~; ~., r • _;. ~.~ THOMAS H. McELWEE, Jr. and BECKY S. McELWEE, NO. 10 - 1049 CIVIL TERM Defendants PREACIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY OF SAID COURT: Enter Judgment by Default against the above-named Defendants, Thomas H. McElwee and Becky S. McElwee. Pursuant to Pa.R.C.P. No. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the parties against whom judgment is to be entered, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe and a copy of the notice is attached. verify that I have researched the records in this matter, and a responsive pleading has not been filed within twenty (20) days following the service of the Complaint and Notice to Plead in this matter. I further verify that the statements made in this praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to Unsworn Falsification to Authorities. r ,-- . ' `~~ :.~ ~~ ~.'r~-~3_lD TURD LAW OFFICES Sy} ~_ ~• ~ ~; '~: !y Lr_: ~. ~; Dad - _ t., ;;~ c L. v Ja~he M. Robin on, Esquire 28 uth Pitt S eet Carlisle, PA 17 13 (717) 245-9688 Attorney for the Defendants Supreme Court ID No. 84133 P .¢ ~~ ~~ oa ~~/~ ~~ ~ -~~ ~3 ~ ~-y~l~y a ERIC L. DIFFENBAUGH Plaintiff v. THOMAS H. McELWEE, Jr. and BECKY S. McELWEE, Defendants TO: Thomas H. McElwee Becky S. McElwee DATE OF NOTICE: March 17, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ~- LAW NO. 10 - 1049 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OF BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT THE HIRING OF 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 TURD LAW OFFIC S 3 17 !D Date es M. Ro nson, Esquire South Pitt treet Carlisle, PA 7013 (717) 245-9688 Attorney for the Plaintiff ~~ ~ II CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Complaint by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 17th day of March, 2010, from Carlisle, Pennsylvania, addressed as follows: Thomas H. McElwee Becky S. McElwee 250 Jumper Road Newburg, PA 17240 TURD LAW OFFICES a es M. Ro inson, Esquire South Pi Street Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D.. No. 84133 Attorney for the Plaintiff