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HomeMy WebLinkAbout07-2819i .~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. LyrT-as~a G~iv~ ~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. KOPE & ASSO DATE OF JUDGMENT IN THE CASE OF (P18intilf) ~uereneanq 4/10/2007 Kope & Associates, LLC ,~ David S. Garry CV-0000786-06 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. Sgnature of Prothonotary or Deputy Pa. R.C. P.D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Thomas Placey Mechanicsbur PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in ,action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellees) appellee(s), to file a complaint in this appeal (Common Pleas No. )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or aftomey w agent RULE: To , appellees) Name of appe/lee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Dater , 20 ~ A ~rgna[ure or rromonorary w wpmy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOfiICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: 1 hereby (swear} (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN} (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of officia/before whom affidavit was made rtte of official My commission expires on , 20 ' ev ~ ~ -~ `E7 L~'' ~ ~ r f ~ ~ ~-- ^ ~ ~ ~ ~ ~ ~ ~ ~' 9~s ~ ~- -r oa v ~~ w ~~ f ~ ~ ~ NOTICE OF JUDGMENT/TRANSCRIPT COMMONWEALTH OF PENNSYLVANIA' CIVIL CASE COUNTY OF: CII1I~ERLAl'<D Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS 09-3-04 rEOPS ~ ASSOC., LLC ~ MDJName: Hon. 4660 TRIli<DL8 ROAD THOMAS A. PLACEY SIIITL 201 Address: 104 S SPORTIZ,T(~ HILL RD LCAMP SILL, PA 17011 J, MECHANICSHDR(~, PA VS. ;~,. DEFENDA~T: NAME and ADDRESS Teleprone: (717,}' 761-8230 17050 r(~ARRY`', DAVID S ~ 12 HIINTER LAtIiS ` ~~. CAMP HILL, PA 17011 ~~ EOPE 6e ASSOG. , LLC L_ J .4660 TRINDLL .ROAD bocket No.: CV-0000786-06 SIIITE 201 ~; Date Filed: 12/20/06 CAMP HILL, PA 17011 ;`' .~ ,. .~± 3 THIS IS TO NOTIFY~YOU THAT: ' A .: ,. ""'~ztudg~`i'~n`~ ~ ~,~._..- ~ ~Stebe#-Jutlgrn - ~-<- • , .-~~.~ Judgment waskentered'for: (Name} t3ARait~Y, DAVID S Judgment was entered against: (Namo 80P$~ ~ ASSOC: , LLC r : ~, in the amount of $ ,, ~, - . 00 Amount of Judgment $ Defendants are jointly and severally liable. Judgment Costs $ Damages will be assessed on Date & Time Interest on Judgmenf $ _ 00 Attorney Fees• $ ,~ This case dismissed without-prejudice. Total $ . 00 • 'Y. ~. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 post Judgment Credits $ $ Post Judgment Costs $ Portion of Judgment for physicaldamages arising out of !, residential lease $ Certified Judgment,Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS. AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON. PLEAS, CIVIL DIVISION. YOU. MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE ROVIRED, IAN 'HE:RULES~O~F, • I' IL P,,.QC~EDURE FOR MAGtSTERFAL` DISTRICTJUDGES, IF THE '. .. -_ :,_, -~JUFJGENIENI~/N[~L:nF.R:Fi.G Z I~RT QF,CpMMQHwPL~AS;;l4L~. ~URT~ER PROCESS MUST _ _ COME FROM"TH~ OIL ~'F CO~ O'IN PLEA- ~A~NQ' VO?FURTME , •~ROCESS MAY BE~1S$UED~SY THE M/~G STERIAL DISTRICTJUDGE . ;~• UNLESStTHE JUDGMENT IS ENTERED IN THE COI~RT OF COMIiAON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE T A REQUEST FOR ENTRY OFSATISFACTiON WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS'IN FULL, SETTLES, OR OTHERWISE COMPLIES`WITH THE JUDGMENT. • # , ~, ' ' Lett. ~e!'lrnp~,. • , a ~ . °a~ r ` ~. , r~ F .. ,Date ~ ,Magisterial .District Judge,' certify that this is a-true a` py oft cord of the p ~,~-Q~ Date "M commission ex fires first Monda of Janua 20 0 Y p Y ry, ~ ..,_ AOPC 315-06 ~~ ngs containing the judgment:. • ", Magisterial' District Jud'ge~ SEAL DATE PRINTED: 4/10/07 2x00:00 PM n s COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~~ - as/9 Cu.~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. Kope & Associates, LLC ~ 09-3-04 Thomas A. Placey PA 17050 ADDRESS OF APPELLANT CITY STATE ZIP CODE 4660 Trindl R DATE OF JUDGMENT IN THE SE OF (Pteintilf) (Defendant)' 4/10/2007 David S. Garry ~e Kope & Associates, LLC CV-0000786-06 ONLY when this notation is R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the DisUict Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. appellant was Claimer (see in action before a~lShieE,~N+ctire,-A'(;OMPLAINT MUST BE FILED within twenty (20) days aRer filing the NOTICE of APPEAL. Spnature of Prothonotary a Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appegee. PRAECIPE: To Prothonotary Enter rule upon David S . Garry appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. O7-oZg/9 ~~ )within twenty (20) day t~ri r suffer ent f judgment of non pros. re of appellant or attorney w agent RULE: To David S. Garry , appellees) Name o/ appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , 20 ®7 S ature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE __ PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby {swear} (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Srgnature of want C'a C ^' o° ~ -., ~,;, ,-: ay -t m~ r- r `J~' ~ _ ~ ~ _ ;: ~~ .;, ~: ` ~ C7 y ~' C.~ ~ t~t't .~ -~' ~"~ '' ~ NOTICE OF JUDGMENTlTRANSGRLPT - COMMONWEALTH OF PENNSYLVANIA "~ .. ~ CIVIL CASE T. couN~Y of ~, st N M - PLAINTIFF: NAME and ADDRESS . o.: ag: - 09-3-'04 ~(~AitZtY, DAVID S ~' MDdName• Hon.. 529 HII!®L$L AV~1II~$.. TH01[A8, A. PI~ACgY; L~OYtAl+l,. PA 1,7p'43 ' ,~ Address. 104 S BPORTI~6 H;1CLL RD .L ;, '.~ ~ • _.J , M8'C~'A~ITCSBIIB(~, PA ~ ~~ ` _ ~ VS. _ u ~, ~ ~ 'r ~ ,~ i~~ r ,'s " ~ r~ far' "r , ~+,a~..~' u ~ ~~~ rw ~ ~ ~ ~ .' M d - ~'P~ a ' ~ ~ `DEFENDANT: - NAM~ariaADDRES6 , . " { ~ ` . IA ~'.~ ! . x, G ~ ~~-, , .. -, 7s1=823D = Y'~`050' (71T.~ T l n ~ ~ _ i HOhB;.~ AS$OG.°i . LLC. r , ,' ., o ei ::, eP 9 `, 4 6 6 0 ~' `~4'HINDL$ ROAD ~ ;,~~ , ~..» •„ j. -'StrI~B 2 01 ' ' ~ _ .. ' LCA1[P HILL, PA 170.11. J 4660 TBI~iDLS ~tOAD Docket No.: CV-0000786-06 _ SIIITB 201 Date Filed: 2/09/07 - l ~ CA~P HILL, PA 17 011 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: ' I 4/10/07 FF_. ,.. FOP:. PLAI]IIT . _ _: _ -:_-- ~~ -_... ~ `Judgment:. _.. _.. _. _._-_. _. _ . __. {Date df Judgmer~t_) _ _ - . _ ..... ment was entered for: (Name) (;AB~LY~ ® Jud DAVID S g ® Judgment was entered against: (Name) EOPB ~ 3 505 0 ASSOC. , LLC in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time - ~ This case'dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 ;,, ~ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 5. Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE __ ~ _:_,ZUQG,EMENT NOLDEF~,ELEC,TS:T©,ENTER.~kIE JUQ~ME.NT I~ THE C,QURT OF CQMMON PLEAS~ALL~FURTH~R PROCESS MUST ' COME FROM THE COURT OF COMMONPLEAS AND NO FURTHER PROCESS'MAY BE ISSUED BY THE MAGISTER171L DIST~ILT 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. ,1,, ,~ F '~,.. .. ., j ~ s, : ',~.j Date ,:Magisterial District Judge I certify that this is a tru~..a rrect cop o -the record of t e edings containing the judgment: ~..~ I-~ ~ ~ ~~ l ~~~ ~ Date `~~ ,Magisterial District Judge My commission expires first Monday of January, 20.0 SEAL AOPC 315-06 bATB P~tII~TSD: 4/10/07 2:02:00 PI[ x PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLA/NT (This proof of service MUST BE FILED WlTHfN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~ ~ ~ ~ ~ ; ss AFFIDAVIT I hereby (swear affirm hat I served ^ a copy of the Notice of Appeal, Common Pleas d~, upon the District Justice designated therein on (date of service) ~ / , 20 p`~ ^ by personal service ~ b certified registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ~y ~ ~ ,5' `~~ Q,~ , on ___ ±~ . 20 O'~ ^ by personal service ~ by ertified registered) mail, sender's receipt attached hereto. (SWOR ) (,AFFIRMED) AND UBSCRIBED BEFORE ME THIS ~ ~l DAY OF G:,i. , 20~. S nat re of official be/ora whom affidavit was made ~ i \~ _I~ ^ ~ ~V •1J i r Sign ture of afflanf T~ile`of official l My commission expire` s on ~ ` ~+ ~~, 20 ~~ ,~,~~.~ ~iMN~~ ,N~bMC NOAOrr OrM~1AI COIMM 4 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT t COMMON PLEAS No. D~ ' ~S/9 4,C!'.~4' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ~:ope ~ ~asoc;iates, ;:ALL 'I'~'kOtttc3tY.:i .'~. r>1~C~~'' ±~~~. 1 ~i ~~r3 ~4v60 Trin~:la .~a~, ~ui~~ ?~7, vamp +~i11, ~~ 17J11 4J10/'?pp7 IDav~.~ `. G~rr~r „S SO~C ~ ?~:350C1at'?;~, :aL~ was Claima7fl; (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. I '`^,. This Notice of Appeal, when received by the District Justice, will operate as a before a Dlsfll~.fasli COMPLAINT MUST BE FLED wifhin twenty SUPERSEDERS to the judgment for possession in this case. (20) days aRer Sling the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to 6e served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~c~G'ia s . marry appellee(s), to file a complaint in this:ap~peal Name o/appellee(s) Common Pleas No. ~~~- $ )within twenty (20) day~aitBP~'RIIL~'iof~rt~le.pLsuffer ent f judgment of non pros. '~"~„ txe of appellant or etromey or agent RULE: To ~avlc.'» ~. C~~'~y , appellees) Name of appellees) (1) You are notified that's retie is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon yQta-,~ly'~ler#so)7a{~S~-v~Ce or by certified or registered mail. „ , , .,~ ~ .. ..... k.. (2) If you'',not file a complaint vi-(thin•this time, a JUDGMENT OF NON PROS MAY B~ ENTERED AGAFf+JST. Y,f,~t.~.., ,, (3) Thy date of service of. this rule if 1#eryice was by mail is the date of the mailing. _ :.a, ,,. ,, ~ ,. ,.... „ r Date: 20 tr17 ._ '': , s , r' e8 ~: ;?~ ^ . ~KB ; ~ . 9 r ~reorPtaiw ....._,rty -, YOU MUS'~~~N6trUDE A C+~ORAf.C1F THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ~, ' ~, ~ ~,~,., AOPC 312-02 ^ f ^ ' ~~ y ~ _z w ~ ~ ~ sv ~ cD j ~ 3 ~ ~ g u+ p~~o'N r ,~ t ~i I m 3, ~ ~ '~li Q ? a < p. Q ~ ~n~~~W ~.~~~ ~°..°~a$ ~_ ~~~~~ '~ ~• m ~~ o ~ ~ 0 ,, ~ ~ ~ ~ w ' '^ ~ '~ ~ O r m e ~ p $~ m ~_ ', ~ ~ ~~~~ ~ a ~ ~~ ~ w Q' $ ~. ~ ~. p ~ ~0^ a~. ~,p~+ ~ ~~ ~ ~ "~~ ~~ ~ ~' p C]' o, ,, m ~ ~ p 3, o ~, ~ °' ~ ,~ ~ ~ ~ ~ ~ -~ b'~5~ 155 ?0~`~ z51~ 00~? 6'~5© 155 51a spa ?[]~~ Z ~ ~ ~ p a; o ~ ~~ ~ ~ , :~~' ~ ~. t ~ b'+5° y°?3 ?C1C1'+ 25y° p°° ~ 645° 1°?3 ?a°`~ ~S1° p°° soy .~~ ,~ N N m ~ 3~ ~ ~ - • L.1 m z~ ~~ -~. a ~~mg~x • ~ ~~ ~~ ~ ~ ~~ m ~ ~-~ ~. Gam, ~ 4 ~7 W ~ ~ ~ ~ °' ~~ _ ~ _... 3 g ~ ~.~ cJ ~ ~ m ~ m © 1 ~ .~ o r~--- m v v ~, ` ~ t A N ~ ^ °~ TJ ° v ~ ..~ p~~ ~ ~ o ~+ " o ° ~ ~~ ~ .~ o a t11 ~ ~ ~_ ~ y v ~' ~ ~ ~~ ~ ~ N ~~ ~~ n .~~ '~ o o $ ~ Q m ~? ra r:„a { ~7 _i"} , -~ ~e i ~ -, -~ tTrO _,. ..` y .,~,~ ~i1; , ' _ ' i~ +•-~ , i i v .:.. ~"1 , .- ~ -- ~ _ iy .. " ~_'_ ~.._ ~r _i,~i ~ _ '1 ~.~.~ ~: ~' -' PROOF OF SERV/CE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WlTHlN TEN (10) DAYS AFTER frling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~ ~ ~h ; ss AFFIDAVIT: I hereby (swear affirm) hat I served ^ a copy of the Notice~of~Ap~peal, Common Pleasf~'J~, upon the District Justice designated therein on (date of service) _ ~ //y , 20 j) y ^ by personal service ~ by ertified (registered) mail, sender's receipt attached hereto, and upon the appellee, (name} ~yj Q c5~ (~,' ,A QQ-~ , on ~~~/ , 20 ~~ ^ by personal service ~ b ertified registered) mail, sander's receipt attached hereto. (SWORN) A~FFIRMED)AND SUBSCRIBED BEFORE ME THi T_j__, ~ C~7/AyY'~OF ~ (y, , 20 ©'~ . i f ~ l 'gn ure of official before whom affidavit was made ~ld-~~ Inc )hl tc. Title of official ' My commission expires on ~ ~ ` fa ~I , 20 1 NOIOIY hw!>k O~MM~1M~1001MM ~ C ~ ,~, t ~ rt C~/r f / C !J l 1~I~' Signatu2 of want GOMMONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT *~-~. -. COMAIION PLEAS No. 07- p'~519 tniivi ~ "' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ~{OAE ~ A°s~~3CIAT~B~ LLC T°ho~°raaa ~?lace~ ~=~echanics~~~r 460 "Prin~l~ ~oas~ ~uiir~ 2.01. C~.~l~ rill ~~~ 17071 DATE OF JUDGMENT IN THE CASE OF (P/ainfiR) (De%ndanf)' 4/10/2007 ~©pe & ~ssc;~;i~.~~s, LLB` ?~avitl._~. ~=3rrv DOCKET No. IGNATUR ELLANT O NEY OR A T ~v-0000786-0~ J ~`~., ~ . -..°-._. This block will be signed ONLY when this notation is required under Pa. If ap as Claimant ee Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a Disttlct Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days aRer filing the NOTICE of APPEAL. signature d Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action. before District Justic's. fF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellees) (Common Pleas No. appellee(s), to file a cortsplaiart in~his at~peal within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or atfomey or agent RULE: To , appellees) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY, BE ENTERE~AGAIPtST;~lOU. (3) The date of service of this rule if service was by mail is the date of the mailing. ~ - ., a~ ".• pate: -~.,~~-"".~"' ? ` DKB ,,: Signafure of P onotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY ! -"' ., ,.- . ~ ~ 7pp4 2510 0~0? 645 1097 7004 251 d0~7 6450 197 8 ; ~ ~A ~ ~ ~~ ~ ~ ~~ ~° a ~+ V' a~ w -rt m 3 ~. N ~~ r ~' ~' J ~~ ~ m ~ ~ .~ ~. a N b o ~ ^ ^ 1 1~~ 0 ~ m =s~~~~ ~~~=gym ~~~~~~ (p0~~$,N d ~m~o.~j ~a< ~~~~~~ cn ; a ~ n. ~+ ~~~~8 ~. ~ ~ ~~ -o- m ~. ~ m 0 0 N ~" to y O D ~ a g n IT' Cri D ~' .~ -J kn I I ~ m w p as X ~ ^ m g. c~ ~ K ~ m m .~ ~ ~ q ^L]^ a 0 03 ~ g3 F ~ O ..~Y.- 1Q QaQ~ 6~5~ yp66 ~oo~ ~~ ~ ~~ ' ~ ~~~ ~- . ,~ ~ ~ ~ -~ ~ N O ~j tp '+~~a, f ~~ •j ~~ ,z ~, ~1 ~~ ~ ~@@@ ~ ~ ^ r ~- y,. fir ~ ~."c ~;~ ~+.. ~ ~ .. m -~ ~~ ~O~ ~N r ~ ~~~a~~ `fir ~~~~ ~ ~ ~ ~ ~ ~~~ w,.g~~~ ~~ ~.~ ~ ~ h ~ ~ Q N D o ~ ~~ ©~. .~ ~ ~ ~~ -.] ~ ~ ~0^ ° ~ ~~ i ~ ~ ~~ Q" ~. I 1 0 N $ ~ K a ~ ~ a DD~~ p QQ ^ a ~, o ~i :'' C3 C ~ + -Y3 ; . _... -i :_ ... ce., -ry ~; ~ ,~, -~- • ,_ .~„ r , ~ ::: _ t ('!1 •., !... I Q' KOPE ~ ASSOCIATES, LLC By: Shane B. Kope, Esq. I D 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com KOPE AND ASSOCIATES, LLC, Plaintiff, and SHANE B. KOPE, ESQ., Plaintiff, v. DAVID S. GARRY, Defendant. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PA d7- aal9 NO. ~80?=0~3~52 (Civil Term) JURY TRIAL DEMANDED N O T I C E 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 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com KOPE AND ASSOCIATES, LLC, Plaintiff, and SHANE B. KOPE, ESQ., Plaintiff, Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PA NO. 2007-0552 (Civil Term) v. DAVID S. GARRY, Defendant. JURY TRIAL DEMANDED COMPLAINT And now comes the Plaintiffs, Kope and Associates, LLC (formerly The Law Offices of Shane 6. Kope), and Shane B. Kope, Esquire (hereinafter referred to collectively as "Kope"), and aver as follows: THE PARTIES 1. Plaintiff Kope & Associates, LLC, is a legal practice with its principal place of business located at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania; now a limited liability company, Kope and Associates, LLC, was previously a sole proprietorship titled The Law Offices of Shane B. Kope. 2. Plaintiff Shane B. Kope, Esq., is an adult individual licensed to practice law in the Commonwealth of Pennsylvania and is the sole owner and operator of Kope & Associates, LLC, which, as stated, was previously known as The Law Offices of Shane B. Kope. 3. The Defendant is David Garry (hereinafter "Defendant") and is an adult individual who resides at 12 Hunter Lane, Camp Hill, Pennsylvania. COUNT I --- BREACH OF CONTRACT 4. On or about April 11, 2005, Defendant, along with his sister, retained Plaintiffs to file a civil action in York County against the Defendant's step mother for her alleged interference with Defendant's inheritance from his biological father. 5. At the parties' initial consultation, Kope proposed that his services would be charged to Defendant at his standard hourly rate, which, at the time, was $125.00. In addition, Defendant was to be responsible for court costs or expenses advanced by Kope on his behalf. Kope further requested a retainer of $1000.00. Lastly, Kope requested that, following the exhaustion of the initial retainer, Defendant pay all bills in full, which would be submitted to him on a either a monthly or bi-monthly basis. 6. Defendant orally agreed to the financial terms of representation proposed by Kope. 7. Kope further agreed to maintain daily time records concerning the services provided to Defendant, which time records would be used to prepare monthly or bi- monthly bills. Page 2 of 6 8. Defendant undertook to review the monthly or bi-monthly bills and advise Kope promptly if, in his opinion, any billing errors existed. 9. Defendant paid the initial retainer and Kope undertook Defendant's case, which Kope initiated by drafting and submitting a demand letter to the opposing party. 10. Subsequently, when no response to the demand letter was received, Kope, after a considerable amount of research and preparation, not the least of which included reviewing 20-30 pages of a-mails submitted by client, filed the Complaint on Defendant's behalf on or about August 16, 2005. 11.On or about September 6, 2005, Preliminary Objections, along with a Supporting Brief, to Defendant's Compliant were filed in York County. 12.On or about September 27, 2005, after a considerable amount of time and effort, Kope filed an Answer and a voluminous Brief in Opposition to the Preliminary Objections. 13.On October 20, 2005, a Reply Brief to Defendant's Brief in Opposition was filed. 14.In addition to the above, there was numerous communications between Kope and Defendant via phone calls, a-mails and office visits. These communications included Defendant's review of all legal documents before they were submitted and / or filed. 15. There were also sufficient costs associated with the above, including filing fees, photocopies and postage. 16. Therefore, by the time Defendant received his November invoice from Kope, Defendant had incurred approximately $5,337.50 in legal fees; after deducting Page 3 of 6 Defendant's $1,000.00 retainer from this amount, which had been applied through previous billings, Defendant owed Kope approximately $4,337.50 as of November, 2005. 17. Up until November's invoice, Defendant did not communicate any dissatisfaction with Kope's legal work. 18. After receiving his November invoice, however, Defendant contacted Kope with a laundry list of complaints in an effort to avoid paying his legal fees. 19. Although Kope insisted that Defendant pay the full amount due, he did agree to take monthly payments of $400.00 to $500.00 a month until the balance was paid in full; Kope also agreed to remove all current and future late charges from Defendant's account. 20. Defendant made these payments as agreed starting on or about November 16, 2005. 21.Over the next 5 months, Kope researched, submitted and drafted several legal documents in connection with, or to overcome the Preliminary Objections against Defendant's Complaint. Kope also responded to a Motion to Compel Interrogatories and Request for Production of Documents prematurely filed against Defendant.' 22.On or about April 14, 2006, the Court ruled against Defendant in its decision on the Preliminary Objections. 23. Thereafter, the Defendant requested that Kope file an Amended Complaint, which Kope agreed to do. The Court found for Defendant after receiving Kope's response. Page 4 of 6 24. At this point in the matter, Defendant began to make ridiculous demands from Kope concerning what information Defendant wanted included in the Amended Compliant. In fact, Defendant went so far as to a-mail Kope a 15 page proposed Amended Compliant that mostly contained frivolous information that was completely irrelevant to the causes of action. 25. After Kope refused to file Defendant's proposed Amended Complaint, and despite Kope's attempts to show Defendant what Kope considered to be a legally proper version of the Amended Complaint, Defendant demanded that Kope withdraw as counsel. 26. Kope, therefore, filed a motion to withdraw as counsel on or about May 8, 2006. 27. Defendant's last payment of $500.00 was on April 14, 2006, which only managed to payoff the $4,337.50 that Defendant owed in November, 2005. 28. Since November, 2005, however, Defendant incurred approximately $3,896.79 in legal fees and costs; as of the relinquishment of Kope's legal representation, therefore, Defendant owed Kope approximately $3,896.79. 29. Defendant refused to pay said unpaid legal fess despite repeated attempts to collect the same by Kope. WHEREFORE, it is requested that judgment be entered for Plaintiffs and against Defendant in the amount of $3,896.79 plus interest on overdue amounts from the date such amounts fell due and remained unpaid, plus costs of suit and attorneys fees as allowable by law. Page 5 of 6 COUNT II ---QUANTUM MERUIT 30. Paragraphs one through 31, above, are incorporated herein by reference. 31. Defendant requested that Kope represent him and his sister in a legal action in York County, Pennsylvania, which Kope did from April, 2005, until May, 2006. 32. During and in the course of his legal representation of Defendant, Kope expended his time and advanced costs and expenses for the benefit of Defendant, reasonably expecting to be paid for his services and reimbursed for costs and expenses advanced. 33. Defendant received and retained the benefits of Kope's representation without paying Kope the reasonable value thereof. 34. Defendant has been unjustly enriched by his acceptance of Kope's representation without paying to Kope the reasonable value thereof. 35. The reasonable value of Kope's uncompensated services to Defendant is at least $3,896.79. WHEREFORE, in the alternative to Count I, it is requested that judgment be entered for Plaintiffs and against Defendant with interest, costs of suit and attorneys fees as allowable by law for the reasonable value of uncompensated services rendered by Plaintiffs to Defendant, inclusive of any unreimbursed costs and expenses. Respectfully Submitted, KOPE & ASSOCIATES, LLC ~~ Date: May 29, 2007 sq. Page 6 of 6 VERIFICATION I, Shane B. Kope, Esq, Plaintiff in this matter, 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. ne B. Kope, q. Date: May 29, 2007 CERTIFICATE OF SERVICE I, Shane B. Kope, Esq., of Kope and Associates, LLC, Plaintiff in the this matter, hereby certify that a true copy of the foregoing Complaint was served this date upon the below-referenced individual at the below listed address by way of certified mail, which is an adequate form of service pursuant to Pa.R.C.P.D.J. No.1005: David S. Garry 12 Hunter Lane Camp Hill, PA 17011 KOPE & ASSOCIATES, LLC l~- Sha s 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Plaintiff) Date: May 29, 2007 Q ~ ` z --' ~ a s _. rn , ~'.' .. "'t3 ~=~~Y ~ e 3 . ~ l ~~ ~ r KOPE ~ ASSOCIATES, LLC By: Shane B. Kope, Esq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Plaintiffs KOPE AND ASSOCIATES, LLC, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY , PA and NO.2007-2819 (Civil Term) SHANE B. KOPE, ESQ., Plaintiff, v. : DAVID S. GARRY, :JURY TRIAL DEMANDED Defendant. : DATE OF SERVICE: May 30, 2007 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 JUDGEMENT 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 CANNNOT 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 (717) 249-3166 KOPE & ASSOCIATES, LLC li~.~ Date: May 30, 2007 . Ko q. .~+' CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that a true copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: David S. Garry 12 Hunter Lane Camp Hill, PA 17011 Date: May 30, 2007 ES, LLC S ane B. e, Esq. 466 ad, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 Attorney for Plaintiffs ~ ~ a -~ ~ ? c.,. ~ ~'~~' '' ~ ~ ~-r ~ ~~ ~ -~,:: c,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kope & Associates L.L.C, Plaintiff : and Shane B. Kope, Esq. Plaintiff v NO. 07-2819 -Civil David S. Garry . Defendant NOTICE TO PLEAD TO: Kope & Associates, L.L.C. Shane B. Kope, Esq. c/o Shane B. Kope, Esq 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 You are hereby notified to file a written response to the enclose Preliminary Objections within twenty (20) days from service hereof or a judgment maybe entered against you. Respectfully submitted, David S. G ro se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kope & Associates L.L.C, Plaintiff and Shane B. Kope, Esq. Plaintiff v. NO. 07-2819 -Civil David S. Garry Defendant ORDER AND NOW, this day of 2007, upon consideration of Defendant's Preliminary Objections to Plaintiffs' Complaint, it is hereby ORDERED that: (1) Plaintiffs' claims for Breach of Contract (Count I) are stricken with prejudice; (2) Plaintiffs' claims for interest, costs of suit, and attorneys fees are stricken with prejudice; and (3) Plaintiffs shall otherwise file an Amended Complaint within twenty days to set forth their separate claims in separate counts, and attach any writings supporting their claims as required by the Pennsylvania Rules of Civil Procedure. BY THE COURT: J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kope & Associates L.L.C, Plaintiff and Shane B. Kope, Esq. Plaintiff v NO. 07-2819 -Civil David S. Garry Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendant David S. Garry, pro se, files the following preliminary objections to the complaint of Plaintiffs Kope & Associates L.L.C and Shane B. Kope, Esq. 1. Plaintiffs have appealed a judgment from District Justice Thomas Placey dated April 10, 2007 in which Justice Placey found in favor of Defendant on both Plaintiffs' claims and Defendant's counter-claim. 2. Plaintiff Kope & Associates L.L.C is a law firm headquartered at 4660 Trindle Rd, Suite 201, Camp Hill PA 17011. 3. Plaintiff Shane B. Kope, Esq. is an adult individual licensed to practice law in the Commonwealth of Pennsylvania and is the sole owner and operator of Kope and Associates L.L.C. 4. Defendant David S. Garry is an adult individual who resides at 529 Hummel Ave. Rear, Camp Hill PA, 17043. 5. On May 29, 2007, Plaintiffs filed a Complaint in the Civil Division against Defendant for (i) breach of contract (COUNT 17; and (ii) quantum meruit (COUNT II) in which they are trying to recover for alleged uncompensated services. Preliminary Obiection in the Nature of a Motion to Strike Count I of Plaintiffs' Complaint (Legal Insufficiency): 6. A written fee agreement between attorneys and their clients is ethically required according to the PA Disciplinary Board and the Code of Professional Conduct (§ 81.4 Sec. 1.5 (b)). 7. Any claim against Defendant for legal services unreimbursed based upon an alleged oral agreement, for which there is no written fee agreement as ethically and professionally mandated by applicable rules, is void as against public policy and unenforceable. 8. Plaintiff Kope & Associates L.L.C has no standing to be a Plaintiff in this case because the Complaint does not allege that Defendant Kope & Associates, L.L.C., is a party to any contract or agreement with Defendant, nor that it has assumed the liabilities and entitlements of its predecessor, nor that it is a third-party beneficiary to any contract of which Defendant is a party. 9. Plaintiffs have failed to attach any written agreements to their Complaint showing that Kope & Associates L.L.C has standing to assert a claim against Defendant. Preliminary Obiection to Plaintiffs' Complaint for Failure to Conform to Rule of Law• 10. Pa.R.C.P. 1020 requires that each cause of action shall be stated in separate counts in the Complaint. 11. Both Counts I and Counts II of Plaintiffs' Complaint state a single cause of action against Defendant, presumably on behalf of both Plaintiffs. 12. Each Plaintiff's claim against Defendant must, pursuant to Pa.R.C.P. 1020, be stated in separate counts, as the Plaintiffs appear to have different claims against Defendant, although they are not specifically set forth. 13. Defendant cannot reasonably be expected to answer Plaintiffs' Complaint unless the various claims, bases of Plaintiffs' differing claims against Defendant are set forth, as required by the Pennsylvania Rules of Procedure. Preliminary Obiection in the Nature of a Motion to Strike• Plaintiffs' Prayers for Relief are Contrary to Law and Legally Insufficient 14. In their prayer for relief in both counts of the Complaint, Plaintiffs seek damages in the form of interest, cost of suit, and attorney fees. 15. Pursuant to the American Rule, the parties to a lawsuit must bear their own costs and attorneys fees, except under exceptional circumstances not present here. 16. Furthermore, in a breach of contract action, and absent a writing evidencing entitlement to interest charged on amounts alleged to be due and owing, Plaintiffs have no valid claim for interest on the sums alleged to be due. WHEREFORE, Defendant respectfully requests that this Court: (1) Dismiss Plaintiffs' claims for costs, attorneys fees, and interest with prejudice; (2) Dismiss Plaintiffs' claims for breach of contract with prejudice, as such claims for unreimbursed legal services must be writing, and Plaintiffs admit that there is no writing documenting any agreement; and (3) otherwise Order Plaintiffs to file an Amended Complaint within twenty days. A proposed Order is attached for the convenience of the Court. / Respectfull submi ted, Date: (~ ~~ 1~7~ David S. arty CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon all counsel of record this ~g day of Sy n e- , 2007, by depositing said copy in the United States Mail, postage prepaid, first class delivery, and addressed as follows: Shane B. Kope, Esquire Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorney for Plaintiffs, Kope and Associates, LLC, and Shane B. Kope, Esq. By: David S. Garry r~ C"z ~~ C~ _ _~ C •--I ... i" -n;~~..? ^- GJ -~?:, - ~"' _. ~~'3.1 _ ~.._. j } ~`.~ ""~ i KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esq. ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Plaintiffs KOPE AND ASSOCIATES, LLC, Plaintiff, and SHANE B. KOPE, ESQ., Plaintiff, v. DAVID S. GARRY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PA N0.2007- 2819 (Civil Term) JURY TRIAL DEMANDED PRAECIPE FOR JUDGMENT OF NON-PROS FOR CROSS COMPLAINT TO THE PROTHONTARY: Enter judgment of non pros against the Defendant, David S. Garry, for failure to file a Complaint in the Appeal of the cross complaint in the above referenced action. & ASSOCIATES, LLC 'S~I B. Kope, Es . 4660 Trin a ite 201 Camp Hill, PA 17011 (717) 761-7573 I . D. 92207 (Attorney for Plaintiff) Date: June 19, 2007 CERTIFICATE OF SERVICE I, Shane B. Kope, Esq., of Kope and Associates, LLC, Plaintiff in the this matter, hereby certify that a true copy of the foregoing Praecipe for Judgment of Non Pros was served this date upon the below-referenced individual at the below listed address by way of certified mail, which is an adequate form of service pursuant to Pa.R.C.P.D.J. No.1005: David S. Garry 529 Hummel Ave, Rear Lemoyne, PA 17043 KOPE & ASSOCIATES, LLC ._ ~G-. ane B. Kope, Es 4660 uite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Plaintiff) Date: June 19, 2007 Z ~ ~ s °~ 8 ~. ~ ~~ ~; rr~ ~', c,._. i? ~~ ~^t: ~~ ~.„ f~ KOPE Sz ASSOCIATES, LLC By: Shane B. Kope, Esq. I D 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com KOPE AND ASSOCIATES, LLC, Plaintiff, and SHANE B. KOPE, ESQ., Plaintiff, v. DAVID S. GARRY, Defendant. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PA N0.2007-2819 (Civil Term) JURY TRIAL DEMANDED PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. The matter to be argued is the Defendant's Preliminary Objections to Plaintiffs' Complaint. 2. Counsel who will argue cases: (a) For Plaintiff: Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 (b) Defendant is pro se. 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 15, 2007 Attorney for Plaintiff rte` . . CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on July 23, 2007, I served a true and correct copy of the foregoing Praecipe to List for Argument via first class mail, postage prepaid, addressed as follows: David S. Garry 529 Hummel Ave, Rear Lemoyne, PA 17043 (Defendant) KOPE & ASSOCIATES, LLC Sh a B. Kope, Esq. 4660 Tnn a 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Plaintiff) KOPE 8< ASSOCIATES, LLC By: Shane B. Kope, Esq. Court ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com KOPE AND ASSOCIATES, LLC, Plaintiff, and SHANE B. KOPE, ESQ., Plaintiff, v. DAVID S. GARRY, Defendant. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PA NO. 2007-2819 (Civil Term) JURY TRIAL DEMANDED ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT And now comes the Plaintiffs, Kope and Associates, LLC (formerly The Law Offices of Shane B. Kope), and Shane B. Kope, Esquire, and file the following Answer to Defendant's Preliminary Objections to Plaintiffs' Complaint: 1. Denied. To the contrary, Plaintiffs have appealed from default judgments issued in favor of Defendant due to Plaintiffs inability to appear on account of a sudden illness. Further, the default judgment issued on Defendant's counterclaims against Plaintiffs have since been dismissed via Judgment Non Pros due to Defendant's failure to file a Complaint within twenty (20) days of service of the Praecipe to Enter Rule to File Complaint, which was served. upon Defendant immediately after Plaintiffs' appeal of Defendant's counterclaim as required by PaR.C.P.D.J. No. 1001(7). A true and correct copy of the Praecipe for Judgment Non Pros is attached hereto as Exhibit "A." Because plaintiffs have filed a Compliant within twenty (20) days of the appeal of their claims against Defendant as required by Pa.R.C.P.D.J. 1001 (6), the sole pleadings in this matter are Plaintiffs claims against Defendant. 2. Admitted. 3. Admitted in part and denied in part. While it is admitted that Shane B. Kope, Esq. is an adult individual licensed to practice law with the Commonwealth of Pennsylvania, and is the sole owner of Kope and Associates, LLC, it is denied that Shane B. Kope, Esq. is the sole operator. To the contrary, there are several other attorneys and paralegals that assist Shane B. Kope, Esq. in the operation of Kope and Associates, LLC. 4. Admitted. 5. Admitted. 6. Denied. To the contrary, a written fee agreement was not required here. In insisting that writing was required here, Defendant apparently confuses his case with a contingency arrangement. Pa. R.P.C. 1.5 requires that "a contingent fee agreement shall be in writing." The fee agreement here was not a contingent fee: thus, no writing was required. "[A]n agreement based upon the reasonable value of the services provided by a lawyer" was held not to be a contingency fee." Eckell v. Wilson, 409 Pa. Super. 132, 140, 597 A.2d 696,700 (1991), appeal denied, 530 Pa. 643, 607 A.2d 253 (1992). To meet the definition of a contingency fee, the fee agreement between 2 attorney and client must be "directly related by percentage or formula to the amount recovered or protected." Id. at 141, 597 A.2d at 700. Further, it must meet the "generally accepted twofold purpose of a contingent fee:" the parties cannot afford to retain the services of counsel on a fixed or hourly rate and successful resolution of the claim produces a res out of which the fee is paid. Id. In contrast, an "agreement [like the one sub judice] which fixes a final fee based on the value of services rendered ... is a proper method of fixing a fee and is not a contingent fee in its commonly used meaning." Id. Thus, no writing is required here. Moreover, a review of the record here would show that a series of conversations and supporting letters and detailed bills signed and sent by Plaintiffs to Defendant before and during Plaintiffs' representation of Defendant constitute adequate evidence of an agreement between them, which triggered Plaintiffs' active representation of Defendant. See Levit v. Kutcher, 28 Pa. D. & C.4th 14, 30 Phila. Co. Rptr. 525, 1996 WL 614631 (C.P. 1996), citing Hershey Foods Corp. v. Ralph Chapek Inc., 828 F.2d 989, 995 n.5 (3d Cir. 1987) (applying Pennsylvania law) (correspondence may constitute a contract where parties act upon the terms therein). 7. Denied. To the contrary, the absence of a written fee agreement does render Plaintiffs' claims against Defendant void, via public policy or otherwise. In addition to the averments set forth in paragraph six (6) above, the rules in the Code of Professional Responsibility are "not mandatory laws," rather, the rules regulating fees, like other rules in the code, represent "ethical considerations [which] are aspirational in character 3 and represent the objectives toward which every member of the profession should strive." Eckell v. Wilson, 409 Pa. Super at 137 n.3, 597 A.2d 696 at 698 n.3. 8. Denied. To the contrary, at all relevant times hereto, Kope and Associates, LLC, which was previously known as "The Law Offices of Shane B. Kope," was the same law firm that represented Defendant for services that are the basis of Plaintiffs Complaint against Defendant. 9. Denied. Indeed, it was the Defendant himself who hired Shane B. Kope, Esq. and Kope and Associates, LLC to represent him in the first place. It appears that the Defendant, again, has an inherent misunderstanding of the law. Business and corporate name changes do not affect the existing rights of persons other than its shareholders. 15 Pa.C.S.A. § 1916(b). Thus a simple change of the corporate name does not affect Kope and Associates' rights to enforce an oral /written agreement against Defendant; in other words, The Law Offices of Shane B. Kope, who defendant hired to represent him, is the same legal entity as Kope and Associates, LLC, and that the change in its name, alone, does not affect Plaintiffs' right to enforce their fee agreement with Defendant. Moreover, as stated above, a review of the record here would show that a series of conversations and supporting letters and detailed bills signed and sent by Plaintiffs to Defendant before and during Plaintiffs' representation of Defendant constitute adequate evidence of an agreement between them; thus, Kope and Associates, LLC, has plenty of standing to sue Defendant. 10. Admitted. 4 11. Denied. To the contrary, the common law claim for breach of contract is not the same claim as the equitable claim of quantum meruit. A basic understanding of common law will tell you that several different and/or alternative claims can arise out of the same set of circumstances. In fact, it is the same rule cited by Defendant in paragraph eleven (11) of his Preliminary Objections that authorizes alternative causes of action and defenses. Pa.R.C.P. 1020 (c) specifically states, "Causes of action and defenses may be pleaded in the alternative." Furthermore, alternative pleading avoids the possibility that meritorious claims will fail because the wrong legal theory was chosen. Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 375 A.2d 1285 (1977). Where alternative theories are pleaded, the defendant cannot require the plaintiff to elect between them. Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 375 A.2d 1285 (1977); Laughlin v. McConnel, 201 Pa. Super. 180, 191 A.2d 921 (1963); Eby v. Sun Pipe Line Co., 21 Pa. D. & C.2d 190, 1960 WL 6236 (C.P. 1960). To require the plaintiff to make such an election would defeat the purpose of permitting pleading in the alternative. Laughlin v. McConnel, 201 Pa. Super. 180, 191 A.2d 921 (1963). Moreover, quantum meruit is often pleaded as an alternative claim in a breach of contract case so that the plaintiff(s) can recover even if the contract is voided. 12. Admitted in part and denied in part. Although it is admitted that each of Plaintiffs' claims must be plead in separate counts, it is denied that Plaintiffs have different claims against defendant other than what is set forth in their complaint. Both Plaintiffs are necessary and proper parties with the same claims against Defendant, which are adequately set forth in Plaintiffs Complaint. 5 13. Denied. To the contrary, Defendant can very easily answer Plaintiffs claims against him. 14. Admitted. 15. Denied. To the contrary, there is not such rule or law in the Commonwealth of Pennsylvania called the "American Rule," and while the parties to a lawsuit must normally bear costs and attorneys fees, there are circumstances when attorney fees and costs can be awarded to a party of a lawsuit; whether or not these circumstances exist is a matter for the court to decide. Here, Plaintiffs obviously recognize in their prayer for relief that the nature and amount of their judgment will be a matter for the courts to decide, which is evidenced by the following statement in said prayer: "...with interest, costs of suit and attorneys fees as allowable by law..." [emphasis added]. 16. Denied. The allegations in Paragraph sixteen (16) of Defendant's Preliminary Objections are denied and, to the contrary, the matters set forth in Paragraphs six (6), seven (7), and nine (9) above are incorporated herein by reference. Further, regarding interest after an award of judgment, a judgment for a specific sum of money will bear interest at the lawful rate from the date of the verdict or award, or from the date of the judgment, if the judgment is not entered upon a verdict or award. 42 Pa.C.S.A. § 8101; Green Valley Dry Cleaners, Inc. v. Westmoreland Countv Indus. Development Corp., 861 A.2d 1013 (Pa. Commw. Ct. 2004). WHEREFORE the reasons stated above, Defendants' Preliminary Objections should be denied. Respectfully Submitted, 6 KOPE CIATES, LLC - _ ~, B. Kop Esq. Date: July 23, 2007 KOPE & ASSOCIATES, LLC By: Shane B. Kope, Esq. D 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com KOPE AND ASSOCIATES, LLC, Plaintiff, and SHANE B. KOPE, ESQ., Plaintiff, V. Attomey for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PA NO. 2007- 2819 (Civil Term) .;. .~ !~ ~ r~ra ~ _~ ~,_: • ~~ r~: N cr- L"1 DAVID S. GARRY, :JURY TRIAL DEMANDED ! ~ ; ~ Defendant. ~ ~ ~, .. ~ ° r~ PRAECIPE FOR JUDGMENT OF NON-PROS FOR CROSS COMPLAINT 70 THE PROTHONTARY: Enter judgment of non pros against the Defendant, David S. Garry, for failure to file a Complaint in the Appeal of the cross complaint in the above referenced action. & ASSOCIATES, LLC ~~/ G-' Date: June 19, 2007 6. Kope, Es . 4660 Trin a ite 201 Camp Hill, PA 17011 (717) 761-7573 I . D. 92207 (Attorney for Plaintiff) -t3 t'i3 :S7 ~7 ~~r ~~ ~~ CERTIFICATE OF SERVICE I, Shane B. Kope, Esq., of Kope and Associates, LLC, Plaintiff in the this matter, hereby certify that a true copy of the foregoing Praecipe for Judgment of Non Pros was served this date upon the below-referenced individual at the below listed address by way of cert~ed mail, which is an adequate form of service pursuant to Pa.R.C.P.D.J. No.1005: David S. Gary 529 Hummel Ave, Rear Lemoyne, PA 17043 KOPE & ASSOCIATES, LLC .._.._ ane B. Kope, Es 4660 uite 201 Camp Hilt, PA 17011 (717) 761-7573 . D. 92207 (Attorney for Plaintiff) Date: June 19, 2007 CERTIFICATE OF SERVICE I, Shane B. Kope, Esq., Plaintiff, and legal representative of Kope and Associates, LLC, hereby certify that a true copy of the foregoing Complaint was served this date upon the below referenced individual at the below listed address by way of first class mail as follows: David S. Garry 529 Hummel Ave. Rear Camp Hill, PA 17043 KOPE & ASSOCIATES, LLC ~_ e B. Kope, Esq. 4660 Tnn uite 201 Camp Hill, PA 17011 (717) 761-7573 Court ID 92207 Date: July 23, 2007 (~ t^ ._ -- } -{~ - _ r ~~ _ r~~,~r l..% i _.- ~._. it .. x + _.' T>