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Home My WebLink About09-5922I "r KOPE & ASSOCIATES, LLC, Plaintiff, vs. BRYAN NISCHALKE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14,11 Stia a L?iv? T-t?? : CIVIL ACTION - LAW 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Plaintiff KOPE & ASSOCIATES, LLC, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. BRYAN NISCHALKE, CIVIL ACTION - LAW Defendant. COMPLAINT AND NOW comes the above-named Plaintiff, KOPE & ASSOCIATES, LLC, by and through its attorney, SHANE B. KOPE, ESQ. and makes the following Complaint: JURISDICTION AND VENUE 1. This action arises under the laws of the Commonwealth of Pennsylvania, and is within the subject matter jurisdiction of this Court pursuant to 42 Pa. C.S.A. § 931. 2. Venue is proper in this Court pursuant to Pennsylvania Rules of Civil Procedure 1006 and 2179 because all or a portion of the transactions and occurrences that serve as the basis of this lawsuit took place in York County, Pennsylvania. BREACH OF CONTRACT 3. The Plaintiff is KOPE & ASSOCIATES, LLC, a limited liability company with a current principal place of business at 395 St. Johns Church Road, Suite 101, Camp Hill, Cumberland County, Pennsylvania 17011. 4. The Defendant is BRYAN NISCHALKE, an adult individual who currently resides at 598 Wagner Road, Vintondale, Pennsylvania 15961. 5. Plaintiff, a law firm, is admitted to the bar of the Supreme Court of Pennsylvania and is engaged in the business of practicing law. 6. The parties entered into a fee agreement on May 7, 2007, whereas the Plaintiff pursuant to Defendant's request provided certain legal services for Defendant. See Fee Agreement attached as Exhibit "A". 7. Defendant executed said agreement and understood the services to be performed by Plaintiff were to be charged at a rate of $150.00 per hour. 8. This hourly rate charged to Defendant is fair and reasonable for the services rendered, is the customary rate of Plaintiff in similar cases and is the rate the Defendant agreed to pay. 9. Defendant currently owes the sum of $15,114.69 which Defendant refuses to pay despite receiving monthly invoices since the last payment received in January, 2009. See invoice dated August 6, 2009, attached as Exhibit "B". WHEREFORE, the Plaintiff, Kope & Associates, LLC, demands judgment against the defendant, Bryan Nischalke, in the amount of $15,114.69, the sum of the unpaid Contract, plus interest, costs of suit, and such other and further relief as this Court deems to be just and equitable. Date: Respectfully Submitted, VERIFICATION I, Shane B. Kope, Esquire, of Kope & Associates, LLC, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: ?` a??b ;'rAp I 2ojj `r uJ) r i I d I. ra Sheriffs Office of Cumberland County R Thomas Kline RLED--01T'GE Sheriff OF THE' PDOTHrl' OTAPY ?4t1V11t 01 141t lfibf?f??? Ronny R Anderson 7009 SqEP ' 3: 06 Chief Deputy rt Jody S Smith Civil Process Sergeant orr " Edward L Schorpp Solicitor Kope & Associates, LLC vs. Bryan Nischalke Case Number 2009-5922 SHERIFF'S RETURN OF SERVICE 08/31/2009 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: Bryan Nischalke, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Cambria County, PA to serve the within Complaint and Notice according to law. 09/04/2009 09:07 AM - Cambria County Return: And now September 4, 2009 at 0907 hours I, Bob Kolar, Sheriff of Cambria County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Bryan Nischalke by making known unto himself personally, at 200 S. Center Street Ebensburg, PA 15931 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 11, 2009 SO ANSWERS, l R T OMAS KLINE, SHERIFF 4L KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com KOPE & ASSOCIATES, LLC, Plaintiff, vs. BRYAN NISCHALKE, Defendant. Attorney.for Plain#i#f IN THE COURT OF COMMON PLEAS CUMBERLAND`COUNTY,. PENNSYLVANIA' NO. 2009-5922 : CIVIL ACTION - LAW TO: Bryan Nischalke 598 Wagner Road Vintondale, PA 15961 DATE OF SERVICE: October 16 2009. IMPORTANTNOTICE 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 & ASS LLC Date: October 1 b, 2009 ,Shgn-e B. Kope, quire it r CERTIFICATE OF SERVICE I, Shane B. Kope, of Kope & Associates, LLC, 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: Bryan Nischatke 598 Wagner Road Vintondale, PA 15961 By: Shan Kope; I. D 2207 39 ohns Ch 'Road. Camp Hill, PA 17011 (717),761,-7573., Date: October I(a, 2009 2009 OCT 16 P I - `4 [ 41L ? j KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com KOPE & ASSOCIATES, LLC, Plaintiff, vs. BRYAN NISCHALKE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5922 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment against the above named defendant in the amount of $15, 114.69, and interest from August 28, 2009. Respectfully Submitted, Date: III 1 1 j nl KOPE & ASSOCIATES, LLC 395 St. Johns Church Rd Camp..lUL-EA- 011 By: 17) 761-757 Esquire I. D. # 92207 ntiff FILED-t FrtCE OF THE FRMOIOTARY 2009 NOV 20 PM 1: 53 f L ?.';II `til I?VI'?14?P1'! e-OL 2,?jL 233?t 'n? c 0? I L:C, ~.~. 2~~~ ~~~~ ~$ ~~ ~~ I KOPE ~ ASSOCIATES, LLC HILARY P. VESELL, ESQUIRE ATTORNEY I.D. 308358 395 St. Johns Church Rd., Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell _kopelaw.com I ~.i~`~I ti~.J t 4. P'ii ~i ~~. Attorney for Plaintiff KOPE & ASSOCIATES, LLC Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DEFAULT JUDGMENT vs. NO. 2009-5922 AMOUNT DUE: $15,114.69 INTEREST: $ 906.88 BRYAN NISCHALKE PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly reinstate the Writ of Execution in the above-captioned Civil Action. Respectfully Submitted, KOPE 8~ ASSOCITES, LLC By: ~ ~~ HI RY P. SELL, ES Date: (~ l~o~ J~ ~t o. o o A p ~~'~'/ C* 57 ~S' Qua y ~ 3~y (~mbria ~pon~ (~l~.u,-~ QEISSUE~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO2009-5922 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cambria COUNTY: To satisfy the debt, interest and costs due Kope & Associates, LLC Plaintiff (s) From Bryan Nischalke 598 Wagner Road Vintondale, PA 15961 (1) You are directed to levy upon the property of the defendant (s)and to sell tangible personal property (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $15,114.69 L.L. $.50 Interest $906.88 Atty's Comm Due Prothy $2.00 Atty Paid $156.44 Other Costs Plaintiff Paid Date: 2/23/2010 (Seal) C G~ Davi D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name Shane B. Kope, Esq. Kope & Associates, LLC Address: 395 St. Johns Church Rd. Camp Hill, PA 17011 Attorney for: Plaintiff Telephone: 717-761-7573 Supreme Court ID No. 92207 C~ ~... -fi -~ E c