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Home My WebLink About06-6834 F:\FILESIDATAFILEIHighlands' Tire\Current\115\Complainl Michael J. Collins, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO PAID: 200427; NJ ID: 262 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 mcollins@mdwo.com Attorneys for Plaintiff BERKELEY TIRE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- lJ>f 1 ~ ~ J~ BRYAN M. NIKIRK and KAREN L. NIKIRK CIVIL ACTION - LA W Defendants 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 Plaintiffs. 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 .. BERKELEY TIRE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- (p 9 3 ~ ~ 1.J..c- BRYAN M. NIKIRK and KAREN L. NIKIRK CIVIL ACTION - LA W Defendants COMPLAINT Berkeley Tire, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, hereby avers as follows: 1. Plaintiff Berkeley Tire, Inc. (hereinafter "Plaintiff'), is a Pennsylvania corporation with a business address of28 State Street, Everett, Bedford County, Pennsylvania 15537. 2. Defendants Bryan M. Nikirk and Karen L. NiKirk (hereinafter collectively "Defendants") are adult individuals with a home address of 44 79 Ruggles Road, Taneytown, Carroll County, Maryland. 3. On June 19,2006, the parties entered into a Promissory Note, in which the Defendants agreed topay$34,285.61 overtenmonthlyinstallmentsof$3,619.95. A true and accurate copy of said Promissory Note is attached hereto as "Exhibit A" and is incorporated herein by reference. 4. Defendants made two payments pursuantto the Promissory Note. The first was on July 25,2006, and the second was on September 11,2006. 5. Since September 11,2006, Defendants have failed to make payments on the Promissory Note and are in breach of its conditions. 6. The Promissory Note provides that upon default, Plaintiff may declare the entire unpaid principal balance on the Note and all accrued unpaid interest immediately due. 7. Plaintiff has made this declaration in a letter sent to Defendants on November 2,2006. 8. As of October 30, 2006, Defendants' unpaid balance, with interest, was $28,391.62. Interest on the unpaid balance accrues at $9.18 per day. .. ' WHEREFORE, Plaintiff requests this Court enter judgment against Defendants in the amount of $28,391.62, plus interest of$9.18 per day to be calculated from October 30, 2006. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By --U~ t1~~ Michael J. Collins, Esqu{re PA ID: 200427; NJ ID: 262 Ten East High Street Carlisle, P A 17013 (717) 243-3341 mcollins@mdwo.com Attorneys for Plaintiff Date: November 27, 2006 Dated: ~:r lq ~Ct: , 2006 Carlisle, Pennsylvania PROMISSORY NOTE PROMISE TO PAY: FOR VALUE RECENED, BRYAN M. NIKIRK and KAREN L. NIKIRK, with a home address of 4479 Ruggles Road, Taneytown, Maryland, and BRY AN M. NIKIRK and KAREN L. NIKIRK tJdIb/a TIRE MART of 43 DeGrange Street, Frederick, Maryland (collectively referred to as the "Makers") promise to pay to BERKELEY TIRE, INC., 28 State Street, Everett, Pennsylvania 15537 ("Holder"), or to the order thereof, in lawful money of the United States of America, the principal amount of $34,285.61, together with interest on the unpaid principal balance at 12% per annum, until paid in full. PAYMENT: Makers will pay this loan in ten (10) equal, monthly of installments of interest and principal beginning July I, 2006, and ending April 1, 2007 of $3,619.95, payable of the first of each month. Makers will pay Holder at Holder's address shown above or at such other place as Holder may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to principal, and then to interest. DEFAULT: Makers will be in default if any of the following occurs: (a) Makers fail to make any payment as scheduled, set forth above, and upon demand; (b ) Makers break any promise Makers have made to Holder, or Makers fail to perform promptly at the time and strictly in the manner provided in this Note, or any agreement related to this Note; (c) Makers default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of the Makers' property or Makers' ability to repay this Note or perform Makers' obligations under this Note or any related agreement; (d) any representation or statement made or furnished to Holder by Makers or on Makers' behalf is false or misleading in any material respect; (e) Makers become insolvent, a receiver is appointed for any part of Makers' property, Makers make an assignment for the benefit of creditors, or any proceeding is commenced either by Makers or against Makers under any bankruptcy or insolvency laws; (f) any creditor tries to take any of Maker's' property on which the Holder has a lien or security interest; (g) any of the events described in this default section occurs with respect to any guarantor of this Note; (h) Holder, in good faith, deems Holder insecure. HOLDER'S RIGHTS: Upon default, Holder may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Makers will pay that amount. The remedies provided to the Holder in this document in the event of a default or a breach of the conditions herein, shall not be construed to be exclusive of any other remedy available to the Holder and the Holder may exercise any remedy available to Holder. Additionally, the exercise of anyone remedy shall not be considered a waiver of all those other remedies available to the Holder. Exhibit "A" . ' GENBJtAL PROVISIONS: the iDtaprctatioIl m1 coDItructioa ofthie Note alcma with the data aDd remedica available to the padieI hereto IbI1l be paned by the Iawa of tho Comp-ovwealda olPllIUWylv8Dia. If any proviaion oftbil ~eat aball be bold invalid Ot UDCIl\farcab1e, ach. man not afCcgt my otbcr provision of the Note. Thia Note .~w:-'" the .ute aareem.-t' between the MakerI 11I4 Holder. No waiver 01' modi1Iaatioa of the terms of tbia note shan ba valid 11111... in wri1in& sipcd. by tho ~aadHolder IN WITNESS ~P. MIkerI 'have cwllOd this Note to be executed UDder seal tml tar day of ~ 2006. , 1 63;;; rJ1 :-7~ Bz:yIIl M. ikldt ~Ol! (;0/~@ 39'v'd IV. tt;.o 90/Gl/90 TQ7/CJ/~Th ~n.nT nn~~ ~_?,~_ p . STATE OF MARYLAND COUNTYOF ~cJ,~;v'f( tk ..-r- On this the . ~ day of ..J vI"\C::: , 2006, before me the undersigned officer, personally appeared Bryan M. Nikirk, who executed the foregoing promissory note for the purposes therein contained. ) : SS. ) STATE OF MARYLAND COUNTYOF ~Jc..r; c..K- ) On this the r ~t'day of J\Jl1 c... ' 2006, before me the undersigned officer, personally appeared Karen L. Nikirk, who executed the foregoing promissory note for the purposes therein contained. ) : SS. N M) CI'1."5~'''' C )<p'V'~ : >jYltJ .. . '..~ '~. . \', I"; . ;,."f\ :.\1:- "''';-'i!.. ,j'" "J'() ~ID\~('~b ~---------------~--- ~ . . . ~ " , .\ ;. .1 . I.... ,( ,I'r 'T; :1 ) ,', I '>. \ If " if, '.... , '", i)+ ", , F '~._' i i' j -I) 1~ ( ~ \'" ' . L. ., ',,<, I ,,', ,) II ''1 .\ L)' , I.~ i 1.. ; .. ~ I _~ ; ~ I ,-,; 1) I." , ;! I '!" '.: I. I, t I. " , \ , -" i ~ " ;) , . j ~ !l November 2,2006 Tire ~fart Bryan N. Nikirk and Karen L. Nikirk 43 Dt:Grange Street Frederick, MD 21701-4864 RE: Berkeley Tire, Inc. Our File No: 11065.115 Dear Mr. and Mrs. Nikirk: Enclosed is a promissory note you signed on June 19,2006. According to this Note, you are obligated to pay $34,285.61 at 12% interest over a 10 month period. Youareobligatedtopay$3,619.95 on the first of each month, beginning July 1, 2006, for 10 months. However, we understand that you have only made two payments (July 25, 2006 and September 11, 2006). This is entirely unacceptable. This letter constitutes notice of your default under the Note, and the Holder, Berkeley Tire, Inc., hereby declares the entire unpaid principal balance and all accrued unpaid interest immediately due. As of October 30, 2006, your unpaid balance, with interest, is $28,391.62. Interest on the unpaid balance accrues at $9.18 per day. Please send a cashier's check made payable to Berkeley Tire, Inc. using the daily interest calculation provided above no later than Monday, November 6,2006, to avoid further collection etT0l1s. In making this communication, we are advising you that this firm is attempting to collect a debt for Berkeley Tire, Inc. Any information gained from this communication will be used for that purpose. Very truly yours, \-fARTSON DEARDORFF WILLIAMS & OTTO Carl C. Risch Enclosun:s cc: \ls. Bdh Wenrich (via email) j j- iU_~ !)\ f.\t ILL II,,"": ..;.!:i' T..J: C;...,'~l;t I; ~ ,'i\': Exhibit liB II I " ~ I I R \ I . \ r I l) \ . . \ n \ I I : \ I) \ I.) (' \ ( ') , . VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if! make knowingly false averments, I may be subject to criminal penalties. BERKELEY TIRE, INC. By: ;&uz ~ tJ ~ Beth Wenrich 0 l""-.) ~ .; <:::;:) ~ <;::;> r t -c.S-. cr- , !OJ z :r :=f f;' 0 ~7 i~.:.- ...::: nl :!J ft (!_"}r.'''- r- - N :gf? <><) ........ \.0 0 ~ V, "-S 1;: ,-,. :r~ ~ ~ -._::,.1.... i -0 >: ~:~~; ::it cj:D "9 0() ~?rl """"" c ~ 7- N ~ .. ;g ~ .-<~ C) .D u\ -< v C) .... Michael 1. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO PA ID: 200427; NJ ID: 262 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 mcollins@mdwo.com Attorneys for Plaintiff BERKELEY TIRE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006 - 6834 BRYAN M. NIKIRK and KAREN L. NIKIRK CIVIL ACTION - LA W Defendants AFI~IDA VIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Karen L. Nikirk, 4479 Ruggles Road, Taneytown, MD 21787, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated December 2, 2006. By Michael J. Collins, Es Attorney ID No. 200427 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Sworn to and subscribed before me this ti tIV day of December, 2006. ~b~'~ COMMONWEALlH or PENNSYLVANIA Notarial Seal ~ary M. Price, Notary Public CarlISle Boro, Cumberland County My Commission Expires Aug. 18, 2007 Member. Pennsvlvanla ASSOCiation of Notaries ... . ' . Complete items 1, 2, and 3. Also complete Item 41f Restricted Delivery Is desired. . Print your name and address on the. nwers8 so that we can nrtum the card to you. . Attach this card 'to the back of the ma/lplece, or on the front If space permits. i'j:ij:::x ~ 1J'I71 0z~ qJ q~/ fliP ,inn . Is dellvely address cIiffenlnt from Item 1? If YES, enter delivery address below: 3. .Selvioe 1ype l:lcertmed Mall [J Express Mall .tJ Registered [J Return ReceIpt for MerohandIse o In8lll8cl Mall 0 C.O.D. 4. Restrictecl Delivery? (Extra Fee) Yes 2. Ar1IcIe Nl.mber (1tMII/Irtan..wo, "".. PS Form 3811. Feb'Ulll'y 2004 7006 0810 0000 7873 5431 00melItIc Return ReceIpt 1~-M-1540 ~I ; ~'-iW"tI'J~~.'i'.A[~Ti's.'E /1011' I:[] $0.63. 0 " : ce~:: $ ~~?~~. ~ . CI .f lI/:Ii:JBtm 0 C ,",J. ,.., Retum Receipt Fee j \'.. 3 Aiere). .to) .... (Iondorsement Required) U CI Restrlcled Delivery Fee .-'I (Endorsement Required) ". ,.,,~_-<.<,..,p" i ~ Total Postage & Fees $"'U~,r ..D CI CI I"- U.S, Postal Service, CERTIFIED MAIL ,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) g ,,,,- -r,.f CL i n.~r ..... ~; ~. -< .. r--..) = <:;:) er- e rn (""') I en o 'TI .-1 FIi ::0 r- ~~~ F~ j 'r ~:':IG) V 3: . /-:-- -r-~ ..S:() ocn -, ~ -< .s=- o ~ ... Michael 1. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO PA ID: 200427; NJ ID: 262 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 mcollins@mdwo.com Attorneys for Plaintiff BERKELEY TIRE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006 - 6834 BRYAN M. NIKIRK and KAREN L. NIKIRK CIVIL ACTION - LA W Defendants AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Bryan M. Nikirk, 4479 Ruggles Road, Taneytown, MD 21787, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated December 14, 2006. By Michael J. Collins, Es uire Attorney ID No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this iqflv day of December, 2006. ~)1f,Q~ Not PublIc LUIVllviONWEALlH OF PENNSYLVAN.i, Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug 18, 2007 Member. PennSYlvania ASSOCIation of Notaries .. .. ~ . Complete...... 1, 2, end 3. AIeo oompIete Item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space pennits. 1. Article Addressed to: 'If, ~~~' tfWv lfY7r ~ q~ if c:f.-J f11 fJ ,717 1'1 3~CO 1YPe Certified Mall [J Express Mall Cl Registered [J Retum Recelpt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Deliv8l}'? (Extra Fee) Yes 2. Article Number (JIansIw from 8ItYfce label) PS Form 3811 J February 2004 700b 0810 0000 7873 5523 Domestic Return Rec::eIpt 10251J5.02-M-1540 l IT1 ru U'l U'l IT1 f'- ~ f'- U.S. Postal Service, CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ I:J I:J Certified Fee I:J I:J Retum Recelpt Fee (Endorsement Required) I:J Restricted Delivery Fee M (Endorsement Required) ~ I:J ...D I:J I:J f'- $2.~ $1.85 r~l..,.. ~ r" t:J " . ',', ' ,Pii4trr\Bifi. F '_ '. ." '.c.. I..... f..- Here"',,;" ';' \ --\ P 30\'~) I , 1tI30/2006 .~ ! ",1- ",l $ o c:: Ci- r---:> e.:> c:::) A... c? rf1 ("'") \.0 9 (;) .r;- .... Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTS ON LAW OFFICES PA ill: 200427; NJ ill: 045862005 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 mcollins@martsonlaw.com Attorneys for Plaintiff BERKELEY TIRE, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 6834 BRYAN M. NIKIRK and KAREN L. NIKIRK CIVIL ACTION - LAW Defendants PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of$28,391.62, plus costs of suit and interest from date of judgment at 6% per annum for Defendant's failure to file an answer to the Complaint. I hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to Defendants at their last known address on January 9,2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date ofthe Praecipe. By Michael J. Collins Attorney I.D. 20042 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: O\/ZE /6 ~ Michael 1. Collins, Esquire :Y1ARTSON DEARDORFF WILLIAMS & OTTO PA ID: 200427; NJ ID: 262 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 mcoUins@mdwo.com Attorneys for Plaintiff BERKELEY TIRE, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CU~BERLAND COUNTY, PENNSYL VANIA v. : NO. 2006 - 6834 BRY AN M. NIKIRK and KA,REN L. NIKIRK : CIVIL ACTION - LAW Defendants TO: KAREN L. NIKIRK 4479 Ruggles Road, Taney town, MD 21787 DATE: January 9, 2007 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VB 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 Date: January 9, 2007 MARTSON DEARD07E 'WILLIAMS ~ OTTO I /,' ~ '~r!(! ' / '/l~---, By r {, '<(': { \."- ....1::.- '/ i/ fj /J Michael j, Collins, Esq\fiie --- Attorney LD. 200427 .,/ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff ,.. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS & OTTO, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Bryan M. Nikirk 4479 Ruggles Road Taneytown, MD 21787 Karen L. Nikirk 4479 Ruggles Road Taneytown, MD 21787 MARTSON LAW OFFICES BY~1t,Q~ M. Price T East HIgh Street Carlisle, P A 17013 (717) 243-3341 Dated: ).1.->' )01 ~ 0 "'-' ~~: = 0 = -..J -n ~ ~ ~ L_ -l );,:,.";.7. ::L--n ~ -,r rnr=" -- ~ e- N -,.,m Ul '~.(:Ci ~~:i C) 0<( - ~ ....., ~ r"' ;. ...j --..,.,... C;(~ ~ ~ ~ C> 'l\ C', Orn loA p ./ ---I -n =< (,.,) ;;... :7 ~)J o(l -..J -< ~ E ~ a Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES P A ill: 200427; NJ ill: 045862005 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 mcollins@martsonlaw.com Attorneys for Plaintiff BERKELEY TIRE, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 6834 BRYAN M. NIKIRK and KAREN L. NIKIRK CIVIL ACTION - LAW Defendants TO: KAREN L. NIKIRK, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on January ~~, 2007, the following Judgment was entered against you in the above-captioned case: Judgment in favor of Plaintiff and against Defendants in the amount of$28,391.62 plus costs of suit and interest from date of judgment at 6% per annum for Defendant's failure to file an answer to the Complaint. I hereby certify that the name and address ofthe proper person to receive this notice under Pa. R. Civ. P. 236 is: Karen L. Nikirk 4479 Ruggles Road Taneytown, MD 21787 Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES P A ill: 200427; NJ ill: 045862005 10 East High Street Carlisle, Pennsylvania 17013 (717) 243-3341 mcollins@martsonlaw.com Attorneys for Plaintiff BERKELEY TIRE, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 6834 BRYAN M. NIKIRK and KAREN L. NIKIRK CIVIL ACTION - LAW Defendants TO: BRYAN M. NIKIRK, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on January ~~, 2007, the following Judgment was entered against you in the above-captioned case: Judgment in favor of Plaintiff and against Defendants in the amount of$28,391.62 plus costs of suit and interest from date of judgment at 6% per annum for Defendant's failure to file an answer to the Complaint. Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Bryan M. Nikirk 4479 Ruggles Road Taneytown, MD 21787