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HomeMy WebLinkAbout01-3139COYNE & COYNE, P.C., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 0/- .3 ! ~ ~? CIVIL TERM ; JAMES E. PETTYJOHN, : Defendant : 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 a/ret 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 pwceed 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 2 Liberty Ave. Carlisle, PA 17013 (717) 240-6200 COYNE & COYNE, P.C., Plaintiff VS. JAMES E. PETTYJOHN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; ; :NO. ~/- 3/$? CIVIL TERM ; ; : CIVIL ACTION-LAW COMPLAINT AND NOW comes the Plaintiff, Coyne & Coyne, P.C., and files the within Complaint: 1. Coyne & Coyne, P.C. is a Professional Corporation, with offices located at 3901 Market Street, Camp Hill, Cumberland County, Pennsylvania 1701 I. 2. James E. Pettyjohn is an adult individual residing at 629 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. On or about August 8, 2000, Defendant engaged Plaintiff for legal services concerning various domestic relations issues to include custody, support, and divorce action and Defendant agreed to pay for Plaintiff's services pursuant to a written fee agreement, which the Defendant signed and acknowledged. (A True Copy of the written fee agreement is attached as Exhibit "A".) 4. Plaintiff performed legal services for Defendant and requested payment for services pursuant to the written fee agreement. (See Exhibit "B"). 5. Repeated demands for payment have been made to Defendant; however, Defendant has refused to pay outstanding invoice. 6. Defendant owes Plaintiff $2.052.24 as balance duc and owing with an interest rate of 1.5% per month, annually 18%. WHEREFORE, Plaintiff, Coyne & Coyne, P.C., respectfully requests Judgment in the amount of $2,052.24, together with costs and fees and accruing interest from date of complaint filing. Respectfully submitted, COYNE & COYNE, P.C. ~_//Lisa Marie Co~/nc, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (7 ! 7) 737-0464 Pa. S. Ct. No. 53788 COYNE & COYNE, P.C. Attorneys at Law Henry F. Coy'ne Lisa Marie Coyne 3901 Market Street Camp Hill, Pa. 17011.4227 Telephone: (717) 737-0464 Facs;m~le: (717) 737-5161 Mr. James E. Pettyjohn 629 North Hanover Street Carlisle, PA 17013 DearSames: August 8, 2000 Domestic Relations It was a pleasure meeting with you recently. As we discussed, the following is a written fee a~recment which I ask you to review and return to mc at your convenience. As I explained to you, because of the nature of the matter, and because of the posdbility of the occurrence of unpredictable and unforeseen circumstances, I am not in a position to quote you a final and specific fee fur my professional se,~ces. However, I indicated to you that I would represent you on an hourly basis. My fee fur professional services is One Hundred Fifty Dollars ($150.00) per hour, with fractions of hours computed in periods of not less than 15 minutes, wh/ch takes into account interruption of other work. Each such hour is based upon actual wurk regarding your particular case. I will provide you periodic invoices fur services rendered. Payments on invoices are due upon receipt. After thirty (30) days, if an invoice remains unpaid, interest will be charged un the outstanding monthly balance at the rate of One and a half Percent (1.5%), annually Eighlmm Percent (18%). This office reserves the right to modify the hourly rate and the rate of interest from time to amc with advance notice to you should those changes be implemented. Any out-of-pocket expe~s~ directly attributable to your case, including but not limited to postage, toll calls, court feed61i, g fees, copy wurk, court reporter services, ur travel expenses, will be charged to you at cost in addition to the fee. Legal costs and expenses incurred are the obligation of and arc to be paid by thc client upon billing of same. I respectfully request you to rcmit to me thc sum of One Tho,,~,vi Dolla~ ($1,000.00) as a reduced retainer fee. This retainer is to be remitted by way of $500.00 upon thc return of this executed fee agreement and then the balance of the retainer to be paid sixty (60) days later or upon the requirement of me to appear in court proccedings on your behalf, whicbever occurs ~ h is impossible to predict a course that a domestic relations case will take. Therefore, it is important that you keep me informed of any and all changes in your life once my representation COIlI.Vl'ICI1C¢S. Mr. ~'ames Pettyjolm August 8, 2000 Page 2 Do not make changes or take, what may see, unimportant steps without consultation with me fn'st. Do not hesitate to ask questions. However, bear in mind that while we attempt to promptly ~ all telephone calls, under certain circumstances, we might have some delay in retoming your calls, particularly when preparing for or in Irial on another case. I am pleased to represent you in this mat~er, and I assure you that I will pursue your maim- diligenfly and expeditiously. Please acknowledge receipt of this letter and your agreement to same by si?/,~g a copy and returning same in the enclosed envelope, postage prepaid. With best personal wishes to you, I remain-- LMC/crs Enclosure Vc~ truly yours, COYNE & COYNE, P.C. I, J, OIES E. P£1-1'YYOI~, ka~ r~ad and fully understand am aclmowledglng my a&,rc~m~..t to tAe ~bove by signi.'.g Dated: JAlVlES E. PE-I-f'~JOiIN LAW OFFICES OF COYNE & COYNE, 3901 Market Street Camp Hill PA 17011-4227 Invoice submitted to: Mr. James Pettyjohn 629 N. Hanover Street Carlisle PA 17013 May 18, 2001 In Reference To:Domestic Relations Invoice 910093 Professional services 05/18/01 D/P: Review memo from Attorney Jones; draft memo to client. Hours Amount 0.50 75.00 For professional services rendered Additional charges: 01/12/01- Long distance charges Total costs Interest on overdue balance Total amount of this bill Previous balance Balance due 0.50 $75.00 0.35 $0.35 $17.10 $92.45 $1,959.79 S2,052.24 Coyne & Coyne, Henry F. Coy~e, Pres. I SHERIFF'S RETURN CASE NO: 2001-03139 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COYNE & COYNE P C VS PETTYJOHN JAMES E - REGUL~-R KATHY J. CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PETTYJOHN JAMES E the DEFENDANT , at 629 N H3%NOVER STREET CARLISLE, PA 17013 JAMES PETTYJOHN at 1857:00 HOURS, on the 30th day of May APT 4 by handing to , 2001 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this 2{,~ day of ! i Prothonotary So Answers: Thomas Kline 05/31/2001 LISA MARIE COYNE By: COYNE & COYNE, P.C., PIMntiff~, JAMES E. PETTY JOHN, Defendant. : lin l*flE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-03139 CIVIL TERM : : : Civil Action--In Assumpsit TO: Mr. James E. Pettyjohn 629 bi. Hanover Slreet, Apt. 4 Carlisle PA 17013 DATE OF NOTICE: July 5, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EN'i'ER A WRi'l'l'l~N APPEARANCE PERSONALLY OR BY ATFORNEY AND FILE IN WRI'ilNG 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 Refe. al System 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Dnte: July 5, 2001 By: COYNE & COYNE, P.C. 390A MARIE ~rOYNE, Esquire ! Market glreet Camp Hill, PA 17011-4227 (717) 7374)464 Pa. S. Ct. No. 53788 ,~ttorney for Plaintiff CERTIFICATE OF SERVICE. I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of TEN DAY NOTICE OF IN I'~,NT 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: Mr. James E. Pettyjohn 629 N. Hanover Street, Apt. 4 Carlisle PA 17013 COY'NE & COYNE, P.C. Camp Hill, PA 17011-4227 (717) 737-0464 COYNE & COYNE, P.C., Plaintiff JAMES E. PETTY JOHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-03139 CIVIL TERM : CIVIL ACTION- LAW STATEMENT OF INTENTION TO P_ROCEED~ TO THE COURT: The Plaintiff intends to proceed with the above-captioned matter and has, concurrently with this Statement of Intention to Proceed, filed a Praecipe for Entry of Default Judgment against the Defendant. Respectfully submitted: COYNE & COYNE, P.C. By: /f~ ~,~X~_ ~'~ ,/L~a_Marie Coyne, F~quire ~Pa. Supreme Ct. No] 53788 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Attorney for Plaintiff CERTIFICATE OF SERVIC]~ I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing STATEMENT OF INTENTION TO PROCEED was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre- paid and facsimile: Mr. James E. Pettyjohn 629 Hanover Street, Apt. 4 Carlisle, PA 17013 Dated: F__~Lisa Marie Coy~e COYNE & COYNE, P.C., Plaintiff JAMES E. PETTYJOHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-03139 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment of default in favor of plaintiff, COYNE & COYNE, P.C., and against defendant, JAMES E. PETTYJOHN, for failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint on May 30, 2001, and defendant's answer was due to be filed on June 20, 2001. Attached as Exhibit "A" is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the defendant at his last known address on July 5, 2001, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment in favor of Plaintiff and assess damages in the amount of $1,330.17 and accruing interest at the rate of 18% APY and court costs, being the balance of the amount demanded in the complaint. Date COYNE & COYNE, P.C. )Eisa Marie Co~/fie, Esquire L/Pm Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff COYNE & COYNE, P.C., Plaintiffs, JAMES E. PETTYJOHN, Defendant. TO: Mr. James E. Pettyjohn 629 N. Hanover Street, Apt. 4 Carlisle PA i 7013 DATE OF NOTICE: July 5, 2001 IN TH~; COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA_\3A No. 2001-03139 CIVIL TERM Civil Action--In Assumpsit IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A '~R/'I'I'EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING W-ITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIZE DATE OF THIS NOTICE, A JUDGIvlENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING A_ND 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 System 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Date: July 5, 2001 By: COYNE & COYNE, P.C. ZOYN , Esqu ~-/3901 Market Street Camp Hill, PA 17011o4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that tree copy of TEN DAY NOTICE OF INTENT TO EN'II~R DEFAULT JUDGMENT was served th/s date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: Mr. James E. Pett~jolm 629 N. Hanover Street, Apt. 4 Carlisle PA 17013 Dated: COYNE & COYNE, P.C. oyne, Es (.~3901 Market Street Camp H/Il, PA 170114227 (717) 737-0464 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C,, hereby certify that true copy of the foregoing PRAEC1PE FOR ENTRY OF 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 and facsimile: Mr. James E. Pettyjohn 629 Hanover Street, Apt. 4 Carlisle, PA 17013 Dated: