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HomeMy WebLinkAbout09-3870COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. G 9- 3 9 70 CIVIL TERM SIDNEY A. TRUMP, , JANET TRUMP, individually and as attorney in fact for Sidney A. Trump, and SIDNEY A. TRUMP, JR. Defendants : CIVIL ACTION--LAW 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 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.-09- 3 & 7 0 CIVIL TERM SIDNEY A. TRUMP, , JANET TRUMP, individually and as attorney in fact for Sidney A. Trump, and SIDNEY A. TRUMP, JR. Defendants : CIVIL ACTION--LAW COMPLAINT TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW comes the Plaintiff, Coyne & Coyne, P.C., and files the within Complaint against Defendants Sidney A. Trump, Janet Trump, attorney in fact for Sidney A. Trump, and Sidney A. Trump, Jr., (collectively "Defendants'), and in support thereof avers the following: 1. Plaintiff is Coyne & Coyne, P.C. a Professional Corporation, with law offices located at 3901 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is SIDNEY A. TRUMP, an adult individual of 1580 Holtz Road, Enola, Cumberland County, Pennsylvania and temporarily residing at 1205 South 28th Street Harrisburg, Dauphin County, Pennsylvania 17111. 2 3. Defendant is JANET TRUMP, as attorney in fact for Sidney A. Trump and as an individual, is an adult individual residing at 166A Ashford Drive, Enola, Cumberland County, Pennsylvania 17025. 4. Defendant is SIDNEY A. TRUMP, JR., is an adult individual residing at 1590 Holtz Road, Enola, Cumberland County, Pennsylvania 17025. 5. On or about December 2003, Defendant Sidney A. Trump and his late wife, Marian Trump contacted Attorney Henry F. Coyne of Coyne & Coyne, P.C., and requested Attorney Coyne's assistance concerning documents the Trumps received from an attorney representing Mr. Zeigler, a neighbor, and Mr. Zeigler's request to place a private road across Defendants' property located in East Pennsboro Township. (See, Cumberland County Civil Docket No. CP-21-MD-239-2004 which said docket is incorporated by reference herein.) 6. Defendant Sidney A. Trump and Marian Trump, his wife, routinely retained the professional services of Attorney Henry F. Coyne for many years prior to the requested representation concerning the private road matter and that prior legal services and representation were provided to Defendants on an hourly basis with itemized invoices provided to Defendants. 7. Following Marian Trump's death, Plaintiff submitted a formal written fee agreement to Sidney A. Trump on or about August 15, 2006, whereby Plaintiff agreed to reduce its hourly fee to $150 from $175 because of the death of Marian Trump, Sidney A. Trump's spouse. (See Exhibit "A") 3 8. Plaintiff, at the request of the Defendants, performed significant legal services for Defendants in reliance upon the prior customary hourly agreement and the written fee agreement and submitted invoices to Defendants for payment for the services rendered. 9. During the pendency of the Private Road Action, which lasted for four (4) years, Plaintiff met with Defendants numerous times to discuss the status of the action, the procedures undertaken, the experts retained to defend against the taking, and the costs and legal fees incurred, and during these meetings, Defendants directed Plaintiff to continue to defend against the Private Road Action and Sidney A. Trump as well as his son, Defendant Sidney A. Trump, Jr. appeared and testified in multiple court proceedings regarding the private road litigation. 10. During the pendency of the Private Road Action, Defendants were kept well-informed of all matters relating to the Private Road litigation and regular itemized invoices were submitted to Defendants as well as numerous letters and memoranda detailing the status of the action and of Plaintiff's efforts on Defendants' behalf in defending against the private road action. 11. Defendants were at all times made aware of and supported all of the professional efforts and actions by the Plaintiff in defending against the private road action and, ultimately, the Board of View ruled in favor of the Defendants and Denied the Private Road Petition, following which the Petitioner, Mr. Zeigler, ultimately withdrew the Petition thereby leaving Defendants property undisturbed and pristine. 12. At no time throughout the representation in these proceedings did any of the Defendants dispute the itemized and invoices which were routinely submitted to Defendants by the Plaintiff; nor did 4 the Defendants ever direct the Plaintiffs to discontinue their representation of the Defendants and Defendants' defense of the private road action. 13. Without the legal expertise, advice, and action and efforts by Plaintiff, Defendants private property would have significantly diminished in value should the Petition for a Private Road been granted to Mr. Zeigler and a private road developed across the Trump's property. COUNT I - BREACH OF CONTRACT 14. Paragraphs 1 through 12 are incorporated herein by reference. 15. Defendants agreed with the terms and conditions of the written fee agreement by which legal representation would be undertaken to defend against the private road action initiated by Mr. Zeigler. 16. Invoices were prepared and submitted to Defendants in accordance with the terms and conditions of the written fee agreement. 17. Defendants made some payments of the submitted invoice and Defendants promised to pay the balance of the invoice for legal work at the conclusion of litigation. 18. Upon the conclusion of the litigation, Plaintiff made repeated demands for payment in full have been made to Defendants; however, Defendants have not paid the current balance on the invoices. 19. As of May 1, 2009, Defendants owe Plaintiff $45,610.98 as balance due and owing under the written fee agreement with an interest rate of 1.5% per month, annually 18% APY. (See Exhibit "B') 20. Defendants are in breach of contract for the legal services provided to Defendants at Defendants' request. 5 WHEREFORE, Plaintiff, Coyne & Coyne, P.C., respectfully requests Judgment in the amount of $45,610.98, together with Court costs and Sheriff's costs and accruing interest from date of complaint filing at the rate of 1.5% per month, annually 18% APY. COUNT II - QUANTUM MERUIT 21. Paragraphs 1 through 18 are incorporated herein by reference. 22. Benefits were conferred by Plaintiff upon Defendants through the extensive efforts of Plaintiff, and in particular, Attorney Henry F. Coyne, the Private Road Action initiated against the Defendants was resolved in favor of the Defendants. 23. The Plaintiff with great skill, expertise, and dedication, defendant the Defendants against the Private Road Action initiated by Mr. Zeigler. 24. The Defendants received the benefit of that legal representation provided by the Plaintiff in that the Private Road Action was resolved in favor of the Defendants and the Board of View denied the Petition and then Petitioner withdrew his Petition all together. 25. As a result of Plaintiff successfully defending against the Private Road Petition, the Defendants directly benefited from Plaintiff's efforts in not having a private road go through their private property. 26. The Defendants have accepted and retained the said benefits. 27. Defendants Janet Trump and Sidney A. Trump, Jr. are the only children of the Defendant Sidney A. Trump and his late wife, Marian Trump, and as such are the sole beneficiaries of their Father, the Defendant Sidney A. Trump, and are direct beneficiaries of the future estate of Sidney A. Trump 6 which consists primarily of the real property at issue in the Private Road Action commenced by Mr. Zeigler. 28. Both Defendants Sidney A. Trump, Jr. and Janet Trump have acknowledged the debt owed to Plaintiff and reaffirmed the debt and promised payment; however, payment has not been made as promised despite efforts by Plaintiff to resolve this matter short of formal litigation. 29. It would be inequitable for the Defendants to retain the benefits provided by Plaintiffs without Defendants' payment of value for those services. WHEREFORE, Plaintiff, Coyne & Coyne, P.C., respectfully requests Judgment in the amount of $45,610.98, the amount of the benefit conferred to the Defendants, together with Court costs and Sheriff's costs and accruing interest from date of complaint filing at the rate of 1.5% per month, annually 18%. Respectfully submitted, Dated: 2q 0,7 COYNE & COYNE, P.C. By: :4M ARIE COYNE, SQUIRE Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 7 COYNE & Cow A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street 717-737-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Fax: 717-737-5161 17011-4227 August 15, 2006 Mr. Sid Trump, Sr. 1590 Holtz Road Enola, PA 17025 Re: Private Road Petition Dear Mr. Trump: We thank you for requesting this. office to represent you and your family concerning the on-going efforts by Mr. Zeigler and his Petition to Open a Private Road across your property. We previously entered a fee agreement between you and .your. wife for $175.00 per hour; however; given the extent of work we have undertaken and the fact that you are now a widower, we respectfully request that a new fee agreement be entered between you and my office. We present this memo to you, which outlines our expectation for payment for professional services. Because of the nature of potential litigation; Mid bE.oat se of the possibility of the occurrence of unpredictable and unforeseen circumstances, we are not in a position to quote you a finai and specific fee for my professional services. However we indicated to you that we would represent you on an hourly, basis. I bave_ aterally a eed to a ust m h ^ , dl_a y., ourly rate downward-from .$17.5.00 peg hour:to Oze d F tatua our , with fractions of hours computed in periods no15 minterruption of other work Each such hour is based uon work regarding your case. This revised lower hourly rate has already been reflected in the most recent invoice we provided to you on July 10, 2006. A copy of that invoice is attached for your reference. As you know, we will provide periodic invoices for services rendered and payments on the invoices are due upon receipt. After thirty (30) days, if an invoice remains un ai charged on the outstanding monthly balance at the rate of One and a half Percent ( 5%) Wiley Eighteen Percent (18%). This office reserves the right to modify the hourly rate and the rate of interest from time to time with advance, notices to you should those changes be implemented. Any out-of-pocket expenses directly attributable to your case, including but not limited to postage, photocopies, toll calls, travel expenses, and stenographic services will be charged to you at cost in addition to the fee. Legal costs and expenses incurred are the obligation of and are to be paid by the client upon billing. We respectfully request you to remit to me the sum ,of. Three T-housand Dollars .00 00) _as 3 retainer fee_ This retainer will be charged against for work performed and out- of pocket expenses incui ed. As you know, we have advanced many of the costs associated with this litigation as reflected on, my July 10, 2006 as well as the current invoice which is also enclosed for your information and review. This retainer will be credited to your account for services rendered in J 4CxA3J1 Sid Trump, Sr. August 15, 2006 Page 2 connection with this case. As work is performed on your behalf, itemized invoices with be provided. We expect you to keep current with billings and we reserve the right to terminate our attorney-client relationship for non-payment of fees or costs. If this matter progresses and the initial retainer is depleted, you will be required to deposit additional retainers. It is impossible to predict a course that civil litigation will take. We shall keep you well informed as to the progress of this case. We will send you copies of all papers coming in and going out of our offices, including correspondence, pleadings, and other court documents. We ask that once we are retained as counsel that you do not make changes or take what may seem like unimportant steps without consultation with me first. Do not hesitate to ask questions. If I am unavailable when you telephone, your call will be returned with reasonable promptness. There will be times when I will be in court, or at meetings, or in conference, which will preclude me from returning your call as quickly as we both might like, but'I shall do my best to return your telephone calls as soon as I can. We are pleased to represent you in this matter and assure you that we will pursue your matter as diligently and expeditiously as possible. Please acknowledge receipt of this letter and your agreement _to itb signing -a_s y.and returning same in the enclosed envelope, postage ,prep id: With best personal wishes to you, we remain- Very truly yours, HFC:jms Enclosure COYNE & COYNE, P.C. enry F. Coyne I, Sid Trump, Sr., have read and fully understand the statements above written. I acknowledge my agreement to the above by signing my signatures below. Dated: Sid Trump, Sr. LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Invoice submitted to: Mr. Sidney Trump 1580 Holtz Road Enola PA 17025 May 08, 2009 In Reference To: Private Road Litigation (Mr. Zeigler) Invoice #14606 Amount Interest on overdue balance $679.85 Total amount of this bill $679.85 Previous balance $44,470.59 Balance due $45,150.44 011 xAxJ '' 8 n c VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: .2,t /!7ftO 9 ?, /9 er. 0 FILED-OFFICE OF ?Hc PR OT'-CNRDTARY 2009 JUN I I Ail 9: U 9 V 1.1?1?i art • y ? , ,._ri i,?? f? 414, r 7FsP C * /34S' 76, .2 ;? 6,SGd Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFF, T -k RIFF Edward L Schorpp Solicitor RLED . _ •, ... R'Y 2009 J UL 13 AN 10: C' _ v; Coyne & Coyne PC vs. Sidney A. Trump SHERIFF'S RETURN OF SERVICE Case Number 2009-3870 06/24/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sidney A. Trump, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 06/29/2009 09:25 AM - Dauphin County Return: And now June 29, 2009 at 0925 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Sidney A. Trump by making known unto herself personally, defendant at 1205 South 28th Street Harrisburg, PA 17111 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/30/2009 02:17 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2009 at 1417 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Sidney A. Trump, Jr., by making known unto herself personally, defendant at 1590 Holtz Road Enola, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/06/2009 07:22 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 at 1922 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Janet Trump, by making known unto herself personally, defendant at 166A Ashford Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $109.94 S,O,?ANSWER$, • July 07, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff Deput heriff 5??p COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff Coyne & Coyne, P.C., Plaintiff vs. Sidney A. Trump, Janet Trump, individually and as attorney in fact for Sidney A. Trump, and Sidney A. Trump, Jr. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3870 CIVIL TERM CIVIL ACTION --LAW PLAINTIFF'S REPLY TO RULE TO SHOW CAUSE IN OPPOSITION TO DEFENDANT Trump, Jr. and Defendant Janet Trump's PETITION TO OPEN DEFAULT JUDGMENT and NEW MATTER TO THE HONORABLE, J. Wesley Oler, Jr., Judge: AND NOW COMES, the Plaintiff and avers the following in support of its Reply Opposing Defendant Trump, Jr. and Defendant Janet Trump'sPetition to Open Default Judgment: 1. ADMITTED IN PART AND DENIED IN PART. It is admitted that Plaintiff commenced formal action against the named defendants by virtue of a complaint filed June 11, 2009. It is denied, however, that Defendants Sidney A. Trump, Jr. and Janet Trump were not previously provided with written communication from Plaintiff regarding the outstanding invoice and their repeated promise to pay negated the need for formal collection. However, when only a small partial payment was made and then requests for payments were ignored, Defendants were advised that a collection action would be initiated. 2. DENIED. It is denied that Defendant Janet Trump and Sidney A. Trump were served with the Complaint and Notice to Defend on August 3, 2009. Rather, the said Defendants were first provided a courtesy copy of the Complaint and Notice to Defend on June 11, 2009 by way of correspondence to them requesting that they stop by the office to sign an acceptance of service rather than requiring service by Sheriff. (See, Exhibit "A", attached.) Because the said Defendants did not stop by the office to accept service, original service was made upon the said defendants by way of the Cumberland County Sherriff. Namely, on June 26, 2009, Defendant Sidney A. Trump, Jr. was served by Deputy Gutshall and on July 6, 2009, Defendant Janet Trump was served by Deputy Fry. (See, Exhibit "B", attached.) Following original service upon Defendants, a Ten Day Notice was also served upon the said Defendants on August 21, 2009. (See, Exhibit "C", attached.) The said Ten Day Notice was issued more than 60 days after they received a copy of the complaint in the mail and then more than 56 days after Defendant Sidney A. Trump, Jr. was served and more than 46 days after Defendant Janet Trump was originally served with the complaint and notice to defend. 3. DENIED. Plaintiff denies that there was any misunderstanding by the said Defendants as far as their need to respond to the Complaint or to the Ten Day Notice of Intent to Enter a Default Judgment given the fact that on August 17, 2009, Attorney Ben Wallace contacted Plaintiff's office and advised that he represents the Trumps and requested a return telephone call. On August 17, 2009, Attorney Lisa Marie Coyne returned the call to Attorney Wallace's office and left a message on that office's voicemail requesting a return call. No return call was made by Attorney Wallace, nor did Attorney Wallace enter his appearance. There was no further contact from Attorney Wallace or his office until after the Default Judgment was Entered and Plaintiff received the correspondence from Attorney Wallace, dated September 30, 2009 which contained Defendants' Petition to Open Default Judgment. At no point previously had Attorney Wallace entered his appearance on behalf of any of the Defendants nor did he provide any responsive pleading to Complaint despite the fact the he apparently had a copy of the complaint and notice to defend and made no effort to respond to the voicemail Attorney Coyne had provided to him. 4. DENIED. Neither Defendant took prompt steps to open. the Notice of Default Judgment. Furthermore, the Ten Day Notice was issued to Defendants on August 21, 2009 and the Praecipe for Entry of Default Judgment was filed on September 1, 2009 with copies provided to the Defendants. (See, Exhibit "D", attached.) It was 28 days later that Defendants took any action to respond or object to the complaint or the default judgment entered. 5. DENIED. It is denied that Defendants have a meritorious defense to the original complaint as stated. Both Defendants had met with Attorney Henry Coyne throughout the underlying litigation and both Defendants individually requested continued defense of the private road action as it would ultimately benefit them as the sole heirs of their parent's estate. Furthermore, Defendant Sidney A. Trump, Jr. made partial payments on the account that was issued to him and to the Defendants and assured Attorney Coyne that he would be paid for his professional services concerning Attorney Coyne successfully defending against the Private Road Action WHEREFORE, Plaintiff respectfully request that this Court deny Defendant Sidney A. Trump, Jr.'s and Defendant Janet Trump's petition to open default judgment. Respectfully submitted, Dated: ~ ZZ v ° COYNE & COYNE, P.C. By. ~~611 ~- ~~~ L's Marie Coyne Esquire P~' Supreme Ct. o. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717)737-0464 Attorneys for Plaintiff i & COYNE, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne 3901 Market Street Camp Hill, Pennsylvania 17011-4227 June 11, 2009 Mr. SIDNEY A. TRUMP 1580 Holtz Road Enola, PA 17025 Ms. JANET TRUMP 166A Ashford Drive Enola, PA 17025 Mr. SIDNEY A. TRUMP, JR. 1590 Holtz Road Enola, PA 17025. Dear Folks: Re: Coyne & Coyne, P.C. v. Trump, et al No. 09-3870 Civil Term (717) 737-0464 Facsimile (717) 737-5161 www. coyneandcoyne . com Because neither of you stepped forward to address the long overdue account owed this office regarding my father's efforts and ultimate success in stopping a private road from opening across Sid Sr.'s property, we are forced to file a formal collection action against you in Cumberland County at the Docket Number noted. A coversheet concerning the docketed Complaint is attached for your information. The purpose of this letter is to request that you sign and return to this office the enclosed Acceptance of Service of the Complaint rather than having a Sheriff come to your residence to make service upon you. If we have to undertake service by Sherriff, the costs for Sherriff service as well as the filing fee chazged to commence this action will be additional costs and expense to you. Therefore, kindly sign the enclosed Acceptance of Service and bring it to my office. When you do that, you will be given a True Copy of the entire complaint and your Acceptance of Service will be filed with the Court. If the Acceptances of Service are not signed and returned to this office by 5:00 p.m. on Thursday, June 18, 2009, we will request service of the complaints by way of Sheriff. 1 am hopeful that the Acceptances of Service will be signed and returned to my office so that no one will be embarrassed by having a Sheriff appear at your residence or place of employment. If you have any questions, you should confer with an attorney of your own choosing. Very truly yours, COYNE & COYNE, P:C. ~.-- --= Lisa arie oyne HFC/lmc ~ Enclosures ,~] ~' X ~ r ~ t1" /'9 h Sheriffs Office of Cumberland County mas Kline tff ~~~~,1~A &~ ~E1N~fp~r ~ Y .onny R Anderson t ~ Chief Deputy ~ ' ~° ~ r Jody S Smith -. a.. . ~''` °"~'~'~t` Clvil Process Sergeant ~~~~~'~' ,.'~ a"~~!~~ Edward L Schorpp Solicitor +LIr.~2 a~~y.e3 `fit `~~~.~`.. .~ } ~- i;` ~,.. Coyne & Coyne PC vs. Sidney A. Trump Case Number 2009-3870 SHERIFF'S RETURN OF SERVICE 06/24/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sidney A. Trump, but was. unable. to locate. him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 06/29/2009 09:25 AM -Dauphin County Return: And now June 29, 2009 at 0925 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that 1 served a true copy of the within Complaint, upon the within named defendant, to wit: Sidney A. Trump by making known unto herself personally, defendant at 1205 South 28th Street Harrisburg, PA 17111 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/30/2009 02:17 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on un ~?6 2009 at 1417 hours, she served a true copy of the within Complaint and Notice, upon the within names defendant, to wit: Sidney A. Trump. Jr., by making known unto herself personally, defendant at 1590 Holtz Road Enola, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/06/2009 07:22 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on JuIK x,2009 at 1922 hours, he served a true copy of the within Complaint and Notice; upon the within named defendant, to wit: Janet Trump by making known unto herself personally,-defendant at 166A Ashford Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $109.94 July C7, 2009 SO ANSWER, R THOMAS KLINE, SHERIFF :~~~ Deputy Sheriff ,.-_.. Deput heriff ~~ ~tiy~ ~ ~ ~' COYNE & COYNE, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street (717) 737-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Facsimile (717) 737-5161 Jaime L. High 17011-4227 www.co eandco yn yne.com August 21, 2009 Mr. Sidney A. Trump 1580 Holtz Road Enola, PA 17025 Ms. Janet Trump 166A Ashford Drive Enola, PA 17025 Mr. Sidney A. Trump, Jr. 1590 Holtz Road Enola, PA 17025 Mr. Sidney A. Trump 1205 South 28th Street Harrisburg, PA 17111 Re: Coyne & Coyne P C v Trump et al No. 09-3870 Civil Term Dear Folks: Enclosed is a Notice. Very truly yours, COYNE & COYNE, ~P.C. .r~~~. L ~ a arie Coyne ~^ LMC/amd Enclosure i. X03 ~OYNE, P.C. ' ._rie Coyne, Esq. ,upreme Ct. No. 53788 ~O1 Market Street -Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff COYNE & COYNE, P.C., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-3870 CIVIL TERM SIDNEY A. TRUMP, JANET TRUMP, individually and as attorney in fact for Sidney A. Trump, and :CIVIL ACTION--LAW SIDNEY A. TRUMP, JR , Defendants _ TO: Mr. Sidney A. Trump 1580 Holtz Road Enola, PA 17025 Mr. Sidney A. Trump 1205 South 28th Street Harrisburg, PA 17111 DATE OF NOTICE: August 21, 2009 Ms. Janet Trump 166A Ashford Drive Enola, PA 17025 Mr. Sidney A. Trump, Jr. 1590 Holtz Road Enola, PA 17025 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: August 21, 2009 COYNE & COYNE, P.C. By: A DYNE ~ SQUIRE 901 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff z.~ 3 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of Plaintiffs Ten Day Notice of Default was served upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: Mr. Sidney A. Trump 1580 Holtz Road Eno1a, PA 17025 Ms. ,Janet Trump 166A Ashford Drive Enola, PA 17025 Mr. Sidney A. Trump, Jr. 1590 Holtz Road Enola, PA 17025 Mr. Sidney A. Trump 1205 South 28th Street Harrisburg, PA 17111 Dated: ~ 0 ~ LISA COYNE, E Q~IIRE 2 ~~3 j f COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ~. . f ~, ' 717-737-0464 Fax: 717-737-51'6I --=. w~vw. coyneandcoyne.com --_~J -_ -J~- Lisa Mane Coyne Jaime L. High 3901 Market Street -Camp Hill, Pennsylvania I701I-4227 September 1, 2009 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: COYNE & COYNE. P.C. v. TRUMP No. 09-3870 Civil Term _ Dear Sir or Madam: . Enclosed are an original and one copy of the Praecipe to Enter Default Judgment. Kindly docket the original aad return to me a ".clocked-in" copy with the enclosed envelope along with the Entry of Judgment. The required envelopes for all parties are enclosed. - Thank you for your assistance. If you have any questions, please contact me. Very truly yours, COYNE & COYNE, P.C. - ~--- _ Lisa arie Coyne LMC/amd ~~ Encl. Cc: Mr. Sidney A. Trump, w/encl. , " , ' '; Ms. Janet Trump, w/encl. . i- Mr. Sidney A. Trump,Jr., w/encl. .. ~ ~ ~, VIItIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, informa#ion and belief and are verified subject tc the penalties for unswom falsification to authorities under 18 Pa. C.S.A. §4904. ~ .--- Dated:_ /D/Z z~a 9 ~ 1/~. ~ ~ C 0¢ ~~ ~ t. ,ter r, ,_ ,:. t~,ti.l G:.I _. ~ ~~ ~ ~ .~ 'v L.. ~ _ ~. .. ,r ..r ~. CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of the Reply to Rule to Show Cause was served, October 22, 2009, upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: Mr. Sidney A. Trump 1580 Holtz Road Enola, PA 17025 Mr. Sidney A. Trump 1205 South 28th Street Harrisburg, PA 17111 Benjamin W. Wallace, Esq. 24 N. 32°d Street Camp Hill, PA 17011-2917 Dated: ~+1 ~2ZJG 9 ~_ A CO ,ESQUIRE