Loading...
HomeMy WebLinkAbout11-2822COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 717 737 0464 FILED-OFFICE CF THE PROTHONOTARY 2911 H AR - 8 AM 11: 19 Anortt Pl ' ( ) - s or aintt CUMBERLAND COUNTY V ?Rii?aY6?11 COYNE & COYNE, P.C., Plaintiff VS. KYLE P. SAYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11- a 9 2a- CIVIL TERM 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 Notice is served, by entering a written appearance personally or by an 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 Defendant. 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 240-6200 1 O'R arks CIapp Pd a Ck? y qao 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., Plaintiff vs. KYLE P. SAYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION--LAW COMPLAINT AND NOW comes the Plaintiff, Coyne & Coyne, P.C., and files the within Complaint: 1. Plaintiff is Coyne & Coyne, P.C. a Professional Corporation, with offices located at 3901 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is KYLE P. SAYERS is an adult individual residing at 117 Barrick Drive, Duncannon, Perry County, Pennsylvania, 17020. 3. On or about March 18, 2009, Defendant engaged the Plaintiff for legal services concerning a custody matter per the financial terms outlined and agreed to by the Defendant as per a written Fee Agreement. (See Exhibit "A") 4. Plaintiff performed legal services for Defendant which included successfully obtaining child support obligation reductions, obtaining shared (50/50) custody of his son which was successfully defended and affirmed by the Pennsylvania Superior Court. 5. Plaintiff has submitted regular invoices to Defendant for payment. 6. Repeated demands for payment in full have been made to Defendant; however, Defendant refuses to pay in full the invoices. 2 7. As of April 3, 2011, Defendant owes Plaintiff Thirteen Thousand Eight Hundred Twenty- two and 96/100 Dollars ($13,822.96) as balance due and owing under the written fee agreement with an interest rate of 1.5% per month, annually 18%. (See Exhibit "B") WHEREFORE, Plaintiff, Coyne & Coyne, P.C., respectfully requests Judgment in the amount of $13,922.96, 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, COYNE & COYNE, P.C. Dated: By: LARIE COYNE, ES[ P . Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 3 COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne John W. Carter Mr. Kyle Sayers 117 Barrick Drive Duncannon, PA 17020 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 www.coyneandcoyne.com March 18, 2009 Re: Custody and Child Support Dear Kyle: It was a pleasure meeting with you and your Mother to discuss the custody options for your child. As we discussed, we present this memo to you, which outlines our expectation for payment for professional services. Because of the nature of potential litigation, and because of the possibility of the occurrence of unpredictable and unforeseen circumstances, we are not in a position to quote you a final and specific fee for my professional services. However Nye indicated to you that we would represent you on an hourly,basis.:. Our. fee for professional services is up to Two Hundred Dollars ($200.00), per hour depending„upon;the attorney working on your case,: with fractions of hours computed in periods of not less than 15 minutes, which takes into account interruption of other work. Each such hour is based upon.,actual work regarding your case. 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 unpaid, interest will be charged on the outstanding monthly balance at the rate of One and a half Percent (1.5%), annually 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 Two Thousand Dollars ($2,000.00) as a retainer fee. This retainer will be charged against for work performed and out- of-pocket expenses incurred. This retainer will be credited to your account for services rendered in 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. j v Mr. Kyle Sayers March 18, 2009 Page 2 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, however, 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. During the course of representing you, we provide copies of incoming and outgoing correspondence and documents to you to keep you informed. We maintain our files for a period of five (5) years. After that time, we will have files destroyed under conditions that will render the information in those files unusable. If you choose to engage our legal services, please sign this letter agreement and return it to this office in the enclosed self-addressed, stamped envelope. The enclosed copy is yours to keep. If you have not already done so, please also remit the retainer of $2,000.00. Representation by this firm will NOT begin until this office has received BOTH (1) this signed letter agreement and (2) the full retainer of $2,000.00. With best personal wishes to you, we remain- Very truly yours, COYNE & COYNE, P.C. John W. Carter JWC/lmc Enclosure I, Kyle Sayers, have read and fully understand the statements above written. I acknowledge my agreement to the above by signing my signatures below. Dated: ??? ?7 Kyle aye LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Invoice submitted to: Mr. Kyle Sayers 117 Barrick Drive Duncannon PA 17020 March 04, 2011 In Reference To: Custody Previous balance Amount $13,822.96 Balance due $13,822.96 VE HICATION 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 unworn falsification to authorities under 18 Pa. C.S.A. §4904. Dated.: SHERIFF'S OFFICE OF CUMBERLAND COUNTY,- '. ?? Ronny R Anderson •o _ a Sheriff - Jody S Smith Chief Deputy Y Richard W Stewart , Solicitor OF_ Coyne & Coyne PC vs . Case Number Kyle P. Sayers 2011-2822 03/14/2011 SHERIFF'S RETURN OF SERVICE 03:10 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2011 at 1510 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kyle P. Sayers, by making known unto himself personally, at 27 Fairview Street, Carlisle Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BARRIC"EPUTY SHERIFF COST: $34.44 March 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street FILED-OFFICE CF THE PROTHONOTA.rRY 2011 APR -6 AM 11: 21 Cijmprpi LNO r()")JT ;, Camp Hill, PA 17011-4227 PENNSYLVANIA (717) 737-0464 Attorneys for Plaintiff COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. KYLE P. SAYERS, Defendant TO: Kyle P. Sayers 117 Barrick Drive Duncannon, PA 17020 : NO. 11-2822 CIVIL TERM : CIVIL ACTION--LAW DATE OF NOTICE: April 4, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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: April 4, 2011 COYNE 7LA , P.C. By: A CO ES QUIRE 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. C't. No. 53788 Attoniey for Plaintiff CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of Plaintiff's 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. Kyle P. Sayers 117 Barrick Drive Duncannon, PA 17020 Dated:= LIS . ARIE COYNE, ES UIRE 2