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HomeMy WebLinkAbout01-3369SNELBAKER, BRENNEMAN & SPARE, P.C., Plaintiff, VS. V1CKI E. KEELEY, Defendant. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 0/.. : NO: 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 Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P,C. Attorneys for Plaintiff LAW OFFICES SNeLBAKER, BRENNEMAN & SPARE LAW OFFICES SNELBAKER. 8RENNEMAN & SPARE SNELBAKER, BRENNEMAN & SPARE, P.C., Plaintiff, VS. VICKI E. KEELEY, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o/- : NO: CIVIL TERM : : CIVIL ACTION - LAW Defendant. : COMPLAINT AND NOW, comes the Plaintiff, Snelbaker, Brenneman & Spare, P.C. and avers the following cause of action: 1. Plaintiff, Snelbaker, Brenneman & Spare, P.C. is a professional corporation under the laws of the Commonwealth of Pennsylvania with an address of 44 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. Snelbaker, Brenneman & Spare, P.C. was operating under the name of Snelbaker and Brenneman, P.C. until in or about December 1996. 2. Defendant, Vicki E. Keeley is an adult individual with a business address of 2290 South Molly Pitcher Highway, Chambersburg, Franklin County, Pennsylvania 17201. 3. In or about: April 1995 Defendant engaged Snelbaker and Brenneman, P.C. at a rate of $90.00 per hour to represent her interests regarding collection of child support. 4. Snelbaker and Brenneman, P.C. and Snelbaker, Brenneman & Spare, P.C. provided legal services to Defendant in the child support case docketed to No: 157 of 1978 in the Court of Common Pleas of Cumberland County, Pennsylvania Domestic Relations Section and an appeal to the Superior Court of Pennsylvania LAW OFFICES SNeLBAkER. ~R£NNEMAN & SPARE from in or about April 1995 through in or about May 1997 (hereinafter "Child Support Suit"). 5. Throughout the time period set forth in Paragraph 4 hereinabove, Plaintiff diligently devoted itself to representation of Defendant's interest. 6. On or about June 30, 1997, Snelbaker, Brenneman & Spare, P.C. prepared an invoice, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, for legal services rendered on Defendant's behalf. The total amount due to Plaintiff from Defendant as of June 30, 1997 was $3,864.39 which included costs advanced by Plaintiff. The invoice dated June 30, 1997 was mailed to Defendant on that date. 7. Defendant made a $100.00 payment to Plaintiff on account on or about June 24, 1997. Along with said $100.00 payment, Defendant thanked the individual attorney responsible for her case for everything, promised to get her account paid as soon as possible, apologized for the delay and acknowledged the hard work that Plaintiffput into representing her interests in the case. 8. Defendant is justly indebted to Plaintiff in the sum of $3,764.39. 9. The charges for services provided to Defendant were fair, reasonable and customary and were never objected to by Defendant. 10. Despite several demands for payment by Plaintiff to Defendant, Defendant has refused andJor failed to pay the amount due and owing. WHEREFORE, :Plaintiff demands judgment in its favor and against Defendant in the amount of $3,764.39 together with interest due and costs. SNELBAKyER, BRENNEMAN & SPARE, P.C. Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: May ~[ ,2001 LAW OFFICES SNeLBAKER. BRENNEMAN & SPARe -3- SNELBAKER, BRENNEMAN & SPARE, P. C. Attorneys at Law P. Co Box 318 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 June 30, 1997 Vicki E. Keeley 2290 South Molly Pitcher Highway Chambersburg, PA 17201 FOR PROFESSIONAL SERVICE~ RF. NDEP~D Re: Child Support Appeal to Superior Court January 27, 1996 to date Letter to client (2/19/96) Telephone conference w/client (2/20/96) Prepare Notice of Appeal, Order For Transcript (2/20/96) Obtain certified copies of docket (2/21/96) File and serve Notice of Appeal (2/21/96) Draft Docketing Statement for Superior Court (3/4/96) Letter to Prothonotary, Superior Court (3/7/96) Letter to client (3/14/96) Obtain copy of Hearing Transcripts (3/29/96) Prepare Reproduced Record (4/25/96) Draft Brief (5/1/96) Draft Brief (5/9/96) Draft Brief (5/10/96} Prepare Reproduced Record (5/13/96) Review and revise Brief (5/14/96) File and serve Brief (5/14/96) Letter to client (6/11/96) Telephone conference w/Superior Court Prothonotary Letter to client (8/7/96) Telephone conference w/Superior Court Prothonotary Letter to Superior.Court Prothonotary (12/3/96) (8/7/96) (11/12/96) EXHIBIT A Vicki E. Keeley June 30, 1997 Page Two Letter to client (12/3/96) Telephone conference w/client (12/31/96) Telephone conference w/Atty. Buckley (12/31/96) Telephone conference w/Superior Court Prothonotary (12/31/96) Prepare for oral argument (1/6/97) Prepare for oral argument (1/7/97) Oral argument before Pa. Superior Court (1/7/97) Telephone conference w/client (1/7/97) Letter to client (5/23/97) Professional fee: 21.9 hours at $90.00 per hour: $1,971.00 Plus Costs Advanced: Filing fee - Domestic Relations (2/21/96) $ 35.00 Filing fee - Superior Court (2/21/96) 55.00 Hearing Transcripts (3/29/96) 175.15 Copies of Reproduced Record (4/30/96) 110.24 Total Costs Advanced: 375.39 Plus remaining balance of invoice dated 3/15/96: 1,518.00 Total Balance Due: $3,864.39 EXHIBIT A CORPORATE VERIFICATION I, Philip H. Spare, Esquire, state that I am a member and secretary of the law firm of Snelbaker, Brenneman & Spare, P.C., the Plaintiff herein, that I am authorized to make this affidavit on its behalf and that the facts set forth in the foregoing Complaint are true upon my personal knowledge, information and belief. I understand that my statements are made subject to the 18 Pa. Cons. Stat. Ann. § 4904 providing for criminal penalties for unsworn falsification to authorities. Date: May ~/, 2001 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03369 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERLAND SNELBAKER BRENNEMAN & SPARE PC VS KEELEY VICKI E R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT KELLEY VICKI E but was unable to locate Her in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and , to wit: He therefore Pennsylvania, to On June 28th , 2001 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Franklin Co 22.00 .00 59.00 06/28/2001 SNELBAKER, So answe r~. .... /E Sheriff of Cumberland County BRENNEMAN & SPARE Sworn and subscribed to before me this /~-~.-~ day of ~ ~(~ SHEiRIFF'S CASE NO: 2001-00069 T COMMONWEALTH OF PEATNSYLV~IA: COUNTY OF FRANKLIN SNELBAKER BRENNEMAN & SPARE VS VICKI E KEELEY RETURN - REGULAR LAURIE ETTER - DEPUTY County, Pennsylvania, says, the within COMPLAINT KEELEY VICKI E DEFENDANT , at 1626:00 Hour, at FPJ~NKLIN CO SHERIFF'S OFFICE CFLAMBERSBURG, PA 17201 VICKI KEELI a true and attested copy of COMPLAINT , Deputy Sheriff of FP3~NKLIN who being duly sworn according to law, was served upon on the 14th day of June 157 LINCOLN WAY EAST by handing to the , 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4°00 Surcharge .00 .00 22.00 Sworn and Subscribed to before Notaria~ Seal Patricia A. Stnne Notary Public Chambersburg Bore, Franklin County My Commissio~ Expires Now 4, 2004 So Answers: LAURIE ETTER - DEPUTY Deputy Sheriff 06/18/2001 CUMBERLAND COUNTY SHERIFF SNELBAKER, BRENNEMAN & SPARE, P. C., Plaintiff VICKI E. KEELEY, now VICKI E. PETERS, Defendant IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA NO. 2001-3369 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT UPON DEFAULT PURSUANT TO Pa.R.C.P. 1037(b) TO THE PROTHONOTARY: Please enter judgment against Vicki E. Keely, now known as Vicki E. Peters and in favor of Plaintiff Snelbaker, Brenneman & Spare, P. C. in the amount of $3,764.39 together with interest and costs of this action due to Defendant's failure to file within the required time a pleading to the Complaint in this action. A certified copy of the Complaint containing a notice to defend was served upon the Defendant on June 14, 2001. I hereby certify that written notice of intention to file this Praecipe was mailed to the Defendant (the party against whom judgment is to be entered) for failure to plead to the Complaint at least ten days prior to the date of the filing of this Praecipe. A copy of the written notice mailed to the Defendant on July 9, 2001 is attached hereto and incorporated by reference herein as "Exhibit A". SNELBAKEr. B~ENNEMAN & SPA~E Date: August 3, 2001 SNELBAKER, BRENNEMAN & SPARE, P. C. By: ~ ~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff SNELBAKER, BKENNEMAN & SPARE, P. C., Plaintiff V. VICKI E. KEELEY, now VICKI E. PETERS, Defendant : IN THE COURT OF COMMON PLEAS OF : FRANKLIN COUNTY, PENNSYLVANIA : NO. 2001 - 3369 CIVIL TERM : : CIVIL ACTION - LAW : TO: Vicki E. Keely, now Vicki E. Peters, Defendant Date of Notice: July 9, 2001 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 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: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P. O. Box 186 Harrisburg, PA 17108 (800) 692-7375 L~W OFFICES SNELEAKER. BRENNEMAN SPARE SNELBAKER, BRENNEMAN & SPARE, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff EXHIBIT A CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Vicki E. Peters, formerly Vicki E. Keeley 2290 Molly Pitcher Highway Chambersburg, PA 17201 Date: July 9, 2001 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Vicki E. Peters, formerly Vicki E. Keeley 2290 Molly Pitcher Highway Chambersburg, PA 17201 Date: August 3, 2001 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff