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Home My WebLink About11-1342FILED-OFFICE F THE HE P1?OTI r.NO F'? ( Christopher E. Rice, Esquire MARTSON LAW'OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 2011 FEB -4 PM 12: ?2 CUMBERLAND C0U T,` PENNSYLVA ,r'. DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. BRIAN E. GRAHAM and LACY JEAN HEDRICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2011- CIVIL TERM 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 or for any other claim or relief requested by the Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ??f 35?/?j FARLESTlients\4920 Raudabaugh\4920.144\4920.144.com Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. BRIAN E. GRAHAM and LACY JEAN HEDRICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 2011- COMPLAINT CIVIL TERM Plaintiffs, David J. Raudabaugh and Joyce A. Raudabaugh, are adult individuals residing at 60 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Brian E. Graham, is an adult individual with a last known address of 121 West First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Defendant, Lacy Jean Hedrick, is an adult individual with a last known address of 121 West First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. On or about July 27,20 10, Plaintiffs and Defendants entered into a written residential lease agreement ("Residential Lease") whereby Defendants agreed to rent the premises at 106 Sable Drive, Carlisle, Cumberland County, Pensylvania17013 ("Premises"). A true and correct copy of the Residential Lease is attached hereto as Exhibit "A." 4. The Residential Lease covered the period from August 1, 2010 to August 1, 2011. 5. Defendants moved from the property on November 30, 2010. 6. Defendants have failed and refuse to pay the outstanding charges in the amount of $1,777.89 as listed on Exhibit "B," attached hereto. 7. Pursuant to the Lease Agreement, Defendants are indebted to the Plaintiffs for damages as stated above, plus costs of suit and attorney fees. 8. Defendants have breached the Lease for the reasons stated above. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of $1,777.89, plus costs of suit, interest, and attorney fees in the amount of $500.00. MARTSON LAW OFFICES ?S By-- Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm for David and Joyce Raudabaugh. Any information obtained will be used for that purpose. EXHIBIT "A" -mowm DAVE RAUDABAUGH BUILDING & REMODELING 60 SUNNYSIDE DRIVE, CARLISLE, PA. 17013 717-249-7787 PAYMENT HISTORY FROM 8/01/10 TO 11/30/10 -- -- ----- - -- - --- SECURM DEPOSIT ................................................................................. 1,300.00 PAID 7/30/10 CK 578 ........................................................................: 1,300.00 AUGUST RENT .......................................................................................... 1,300.00 BALANCE DUE »»>S»>»»»»»»>»»>>>>»» 1,300.00 PAID 9/02/10 CK 588 ........................................................................: 1,300.00 BALANCE DUE »»»>»»»»»»»»»»»»»» -0- SEPTEMBER RENT DUE...... ..................................................................... 1,300.00 PAID ......................................................................................................... .... -0- BALANCE DUE »»»»»»»»»»»»»»»»» 1,300.00 OCTOBER RENT ......................................................................................+ 1,300.00 BALANCE DUE»»>»»»»»»»»»»»»»» > 2,600.00 ELECTRIC ...............................................................................................+ 87.00 WATER / SEWER ...................................................................................+ 90.89 AMOUNT DUE »»»»»»»»»»>»»»> »»» 2,777.89 PAID CASH 30/22/10 ................................................................- 500.00 PAID CK 103, 10/22/10 .................................................................: 50.00 BALANCE DUE »»»»»»»»»»»»>»»»»> 2,227.89 PAID CASH 10/28/10 ..................................................................: 300.00 BALANCE DUE »»»»»»»»»»»»»»>»»> 1,927.89 NOVEMBER RENT .................................................................................+ 1,300.00 AMOUNT DUE »»»»»»»»»»»»»»»»» 3,227.89 PAID CASH 11/07/10 ....................................................................- 399.00 BALANCE DUE »»»»»»»»yy»»»»»yy»>> 2,927.00 WATER/SEWER FINAL ..........................................................................+ 90.89 GARAGE DOOR OPENER ........................................................................+ 35.00 HOUSE KEYS NOT RETURNED /{i{ifiii{11111{iii{1111111{1111111111{11111111{{i{1111.1111111.+ 25{00 TOTAL DUE »»»»»»>»»»»»»»>»»»» 3,077.89 SEC. DEP ......................................... BALANCE DUE »»»»»»»»»»»»»»»> 1,777.89 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. David J. Raudabaugh o A, V'Y /I /L ?a' z ga y A. Raudab ugh FAFILESUients\4920 Raudabaugh\4920.144\4920.144.com SHERIFF'S OFFICE OF CUMBERLAND. COUNTY Ronny R Anderson #_. Sheriff of ?n uu a? ¢ ?tt,t, r,f r? r THE PROTIH NO ; A.: . Jody S Smith Chief Deputy 2011 FEB _g AM °: 0 E Richard W Stewart fJU MBERLAHI i:,0 Wiri V ., Solicitor PENNSY't.!?'t. ll /. David J. Raudabaugh (et al.) vs. Brian E. Graham (et al.) Case Number 2011-1342 SHERIFF'S RETURN OF SERVICE 02/07/2011 08:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2011 at 2052 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brian E. Graham, by making known unto himself personally, at 121 W. First Street, 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. RYAN BURGETT, DEPUTY 02/07/2011 08:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2011 at 2052 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lacy Jean Hedrick, by making known unto Brian E. Graham, adult in charge at 121 W. First Street, 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. SHERIFF COST: $49.84 February 08, 2011 RYAN BURGETT, D SO ANSWERS, RON R ANDERSON, SHERIFF 2 eus"All hk: F TILESTItents\4920 Raudabaugh\4920.144\4920.144.pra.default Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. BRIAN E. GRAHAM and LACY JEAN HEDRICK, Defendants TO THE PROTHONOTARY: "FILED=OFFICE OF THE PROTHONOTARY 2011 APR 21 PM 2: 2D CUMBERLAND COUNTY PENNSYLVANI;A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 2011 - 1342 PRAECIPE CIVIL TERM Enter default judgment in the above-captioned action in favor of Plaintiffs and against Defendants Brian E. Graham and Lacy Jean Hedrick in the amount of $1,777.89, plus costs of suit, interest, and attorney fees in the amount of $500.00 as prayed for in the Complaint, for failure to file an Answer to Plaintiffs' Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendants at the address indicated thereon, on March 2, 2011, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES Dated: (717) 243-3341 Attorneys for Plaintiffs Me By: r Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 Aeg 310 Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. BRIAN E. GRAHAM and LACY JEAN HEDRICK, Defendants TO: LACY JEAN HEDRICK 121 West First Street Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2011 - 1342 CIVIL TERM DATE OF NOTICE: March 2, 2011 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 RIGHT'S. 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 MARTSON LAW OFFICES By2- , 5 ??- Christopher E. Rice, Esquire I.D. No. 90916 This is a debt collecting firm for David and Joyce Raudabaugh. Any information obtained will be used for that purpose. F\FILES Tents\4920 Raudabaugh\4920 144\1920 144.10daynotice Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. BRIAN E. GRAHAM and LACY JEAN HEDRICK, Defendants TO: BRIAN E. GRAHAM 121 West First Street Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2011 - 1342 CIVIL TERM DATE OF NOTICE: March 2, 2011 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 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 MARTSON LAW OFFICES By (? ?2 -- Christopher E. Rice, Esquire I.D, No. 90916 This is a debt collecting firm for David and Joyce Raudabaugh. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs V. BRIAN E. GRAHAM and LACY JEAN HEDRICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2011 - 1342 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendants above named are not in the military service of the United States of America, that he has knowledge that the said Defendants are now living at: 121 West First Street, Boiling Springs, PA 17007. Said Defendants' place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this 011,f day of , 2011. Not ry blic COMMOW ALTH OR PENNSYLVANIA Notaiiel Sew Mary M. Price, Notary Public Carlisle Boro. limber arxl County My Camrr io i E*kw Aug. 14 2011 Member. Pennsylvania Associatlon of Notaries Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and JOYCE A. RAUDABAUGH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BRIAN E. GRAHAM and LACY JEAN HEDRICK, Defendants No. 2011 - 1342 CIVIL TERM TO: BRIAN E. GRAHAM, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the a,& day of April, 2011, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $1,777.89, plus costs of suit, interest and attorney fees in the amount of $500.00 as prayed for in the Complaint, for failure to file an Answer to Plaintiffs' Complaint. Date: / _ Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Brian E. Graham 121 West First Street Boiling Springs, PA 17007 Christopher E. Rice, Esquire MARTSON LAW OFFICES I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID J. RAUDABAUGH and : IN THE COURT OF COMMON PLEAS OF JOYCE A. RAUDABAUGH, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. :No. 2011 - 1342 CIVIL TERM BRIAN E. GRAHAM and LACY JEAN HEDRICK, Defendants TO: LACY JEAN HEDRICK, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of April, 2011, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $1,777.89, plus costs of suit, interest and attorney fees in the amount of $500.00 as prayed for in the Complaint, for failure to file an Answer to Plaintiffs' Complaint. Date: vu - I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Lacy Jean Hedrick 121 West First Street Boiling Springs, PA 17007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ;-- v PRAECIPE FOR WRIT OF EXECUTION t~ David J. & Joyce A. Raudabot,a [] Confessed Judgment . r= Plaintiff [] Other VS. File No. 2011-1342 - ' = Brian E. Graham & Lacy Jean Hetrick ,',mount Due $ 1,777.89 r Defendant Interest 6% from 4/21/11 Address: Comm $500.00 121 West First Street Costs To be determined Boiling Springs, PA 17007 1'0 TI iE PROTHONOTARY OP THL SAID COURT The undersigned hereby certifies that the below does not arise out of a retail installment sale, cony".Tact, or account based on a confession ofjudgment, but if it does, it is based on the appropriate original prokxeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. 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) And all personal propert:y owned by the Defendants PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if r,-al estate, supply six copies of the description: supply four copies of lengthy personalty list) and al I other property of the defendant(s) in the possession. custody or control of the said garnishee(s). ? (Indicate) Index this wrir. against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ?_. J L._..--.. Date Signature: Print Name: Christopher E. Rice. Esquire Address: 10 East High Street Carlisle, PA 17013 I &e' S / y eq s J_ I v L I ?l a-q+ 7 Attorney for: Telephone: Plaintiffs (717) 243-3341 Supreme Court ID No: 90916 cK!w a S'G r / ;z -yo In/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1342 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DAVID J. & JOYCE A. RAUDA.g PruU4+ 1 p?u-'?f; +fS From BRIAN E. GRAHAM & LACY JEAN HETRICK, 121 WEST FIRST STREET, BOILING SPRINGS, PA 17007 (I ) You are directed to levy upon the property of the defendant (s)and to sell AND ALL PERSONAL PROPERTY OWNED BY THE DEFENDANTS. (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 anyo?ie other than a named garnishee, you are directed to notify him/her that he/she has been added as a gamishce and is enjoined as above stated. Amoum Due$1,777.89 L.L.$.50 Interest 6°% FROM 4/21/11 Atty's Comm %$500.00 Due Prothy $2.25 Arty Paid $288.61 Other Costs TO BE DETERMINED Plaintiff Paid Date: 1124/12 David D. Buell, Prothonotary (Seal) P-- Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQ. Address: MARTSON LAW OFFICES, 10 EAST HIGH STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 SHERIFF'S OFFICE OF CUMBERLAND COUNTY finny R Anderson Sheriff ?.^b 1 FEB - 7 PM 12: 14 PEENS Y'LVIAti1j; Jody S Smith Chief Deputy Richard W Stewart Solicitor David J. Raudabaugh (et al.) Case Number vs. 2011-1342 Brian E. Graham (et al.) SHERIFF'S RETURN OF SERVICE 02/07/2012 Property found to be vacant. A post office check revealed that the defendant has moved and left no forwarding address. 02/07/2012 Property found to be vacant. A post office check revealed that the defendant has moved and left no forwarding address. 02/07/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $63.44 SO ANSWERS, February 07, 2012 RON R ANDERSON, SHERIFF