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Home My WebLink About00-02275 , , 01 ~,~ . " ,~ II . . ~ . k, , " " .~ " DISSINGER & DISSINGER . IN THE COURT OF COMMON . Attorneys at Law, PLEAS OF CUMBERLAND COUNTY plaintiff . PENNSYLVANIA . . . . CIVIL ACTION . vs. . ( [',-{,' I leV\N\ . NO. 00 -2-2-7 r KENNETH B. KETTERER, : DEFENDANT IN COMPLAINT NOT ICE T 0 DEFEND 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 may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. Office of the Prothonotary Cumberland county Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 " . -"WI~ . ,0- , I'> .. " . ,. DISSINGER & DISSINGER . IN THE COURT OF COMMON . Attorneys at Law PLEAS OF CUMBERLAND COUNTY Plaintiff PENNSYLVANIA . . . CIVIL ACTION . Vs. ;2':; 7 S' {;W;:J ~ . NO. O(j - . KENNETH B. KETTERER, : DEFENDANT IN COMPLAINT COMPLAINT 1. plaintiff is Dissinger corporation with offices pennsylvania and Camp Hill, & Dissinger, a Pennsylvania in Marysville, Perry county, Cumberland County, Pennsylvania. 2. a citizen of Pennsylvania, Dillsburg, York county, Defendant is Kenneth B. Ketterer, residing at 112 Big Dam Road, Pennsylvania. 3. On January 6, 1998 the Defendant had an initial consultation with Stephen G. Held of Dissinger & Dissinger at 28 North 32nd Street, Camp Hill, Cumberland county, Pennsylvania. 4. On January 21, 1999, Defendant signed an agreement whereby Dissinger and Dissinger would represent him in a divorce, equitable distribution, and custody action. (See Exhibit "A") 5. Dissinger and Dissinger represented Defendant pursuant to the agreement referenced in paragraph four above. 6. Plaintiffs billed the Defendant in accordance with their written agreement. (Copies of all bills are attached as Exhibit "B") 7 . Defendant refused to pay outstanding legal bills for the services of Dissinger and Dissinger, Attorneys at Law. 8 . On March 22 , 2000 , after hear ing jUdgement was entered against the Defendant in the amount of $2,019.76 in the Court of District Magistrate, Robert V. Manlove, Docket No. CV- 0000010-00. (Exhibit "C") - " . ,,,,~" ", " UI . .> J, . 'I .\) 9. Defendant has appealed from the District Justice judgement and refuses to pay for legal services rendered on his behalf. ( See Exhibit "D") Wherefore plaintiff, Dissinger and Dissinger, requests judgement be entered against Defendant in the amount $2,019.76 plus interest pursuant to the parties written agreement. Respectfully Submitted, DISSINGER , DISSINGER ~ C?~~. Mary~ Etter Dissinger :; Attorney for Plaintiff Supreme Court 1D# 27736 28 North 32nd street Camp Hill, PA 17011 717- 975-2840 -'" , , %l! " i, I . - I, . 'r . , ,I VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. '/fI"'Ja~~ Mary A. Etter Diss1nger, Secretary/Treasurer of Dissinger & Dissinger , 1 .'<;l-.._._ ,_ ~ .,'.,. " I -, l, , ,. " .1. CERTIFICATE OF SERVICE I, Matthew D. strohm, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Kenneth B. Ketterer, by First Class United states mail addressed as follows: KURT A. BLAKE, ESQUIRE 40 EAST PRINCESS STEET YORK, PA 17403 Date: i/:Z' /rrv }I~ttl~alll B. S'EFSAm, Esquire ,--;?/( ~ "' .~- ~", ~- - . ---1- ;. . 1!\i%~iitgtr & 11Bi~~ingct %lliornt!',S Slli 'J.aln ." MARY A. ETTER DISSINGER WilliAM CHESTER DISSINGER STEPHEN GEORGE HELD January 15, 1999 Camp Hill Offica: 28 N. Thirty-Second Street Camp Hill, Pennsylvania 17011 717 975.2840 FAX 717975-3924 MarysviJle Office: 400 South State Road Marysville. Pennsyl....ania 17053 717957.3474 FAX 717 957-2316 File 1-99-503 Kenneth B. Ketterer 112 Big Dam Road Dil1sburg, PA 17019 Dear Mr. Ketterer: You have asked our firm to represent you in a divorce, equitable distribution; and custody action. This letter sets forth the agreement concerning our representation of you and shall be effective upon receipt of the retainer fee. We cannot undertake to do any work on your case until we receive the enclosed agreement signed by you and a retainer in the amount of $750.00. The retainer is a minimum fee and is not refundable. The retainer requested is only to begin your case. We are unable to tell you specifically how much your case will cost through its conclusion. Therefore, it is necessary to represent you on an hourly rate basis. In the event that your divorce, equitable distribution, and custody action is not completed within the limits of this retainer fee, we will apply the retainer fee to the work performed and bill you subsequently on an hourly basis. Due to the nature of this matter and the impossibility of determining what course the matter may take, we are unable to establish a flat fee for our professional services. Our billings are based on the present hourly rates set forth in the attached fee schedule. Our hourly rates are adjusted every January. When the hourly rates are adjusted you will be notified. . , T , , " , .. -, Costs are our out-of-pocket expenses, such as filing fees, process server fees, transcripts, photocopies, long distance telephone calls, travel mileage, investigators, appraisers, and accountants. You will be required to deposit the sum of $150.00 on account of costs. Costs will also be itemized and billed on a periodic basis. We will bill you monthly for legal services and costs and expect payment within thirty (30) days of the date of the bill. Our statements are generally premised upon the amount of professional time expended by the attorneys and staff in our office for such services as conferences, telephone conferences, research, court appearances, travel, and other miscellaneous legal services. In addition, other considerations may enter into the setting of a fl,e, such as: the novelty and difficulty of the issues involvedj the result achievedj the amount in disputej the necessity of a specialized skill requisite to perform the legal service properlyj the likelihood that the acceptance of a particular employment will preclUde other employment by the attorney j time limitations imposed by the client or by the circumstancesj the nature and length of the professional relationship with the clientj the area of law involvedj and the interruption of other work in progress. It is impossible to determine in advance the amount of time that will be needed to complete your case. We will keep you fully informed of conferences, telephone calls, drafting of documents, research, court time and necessary travel time. We reserve the right to terminate our attorneY-Client relationship for non-payment of fees or costs. We expect you to keep current with our billings. If your retainer has been exhausted and there is still considerable work to be done on your case, you may be asked to replenish your retainer and costs before our legal work continues. We will keep you informed as to the progress of your case, We will send you copies of all papers corning in and going out of our ,""'". ~_! _A-..-., ... ."."".....~""""''' . , '. , .. l, offices, including correspondence, pleadings and other documents. If we are unavailable when you telephone, your call will be returned with reasonable promptness. There will be times when we will be in Court or at meetings or in conference, which will preclude us from returning your call as quickly as you might like, but we shall do our best to return your telephone calls as soon as we can. At such times, please feel confident to talk with our secretaries. If you are passing on information, they can deliver it to us without the necessity of your waiting to have us return the call. If you have a question that requires an answer from us, it is far easier for them to obtain the background from you, bring the matter to our attention when we are free, and then have a response for you. If it is necessary for you to speak with us directly, we will attempt to return your call as soon as possible. Every effort will be made to expedite your case promptly and efficiently according to the highest legal and ethical standards. Please acknowledge receipt of the enclosed agreement and your acceptance of its terms by signing the enclosed copy and returning it to us so that we will have a mutual memorandum of our understanding. The other copy we have enclosed is for you to keep for your records. We suggest that you keep your copy of the engagement letter in the folder we have provided to you, along with any future correspondence from this office. Respectfully, """NGER , "~~ G. Held Accepted this ;?( day of ~7 ;/ ~/~- 1) . P'" i::;/;/ Kenneth B, Ketterer , 1999 , , ..1'1Il ~~ kI ;0;-'-- - -,. . . STANDARD FEES FOR WORK PERFORMED ON AN HOURLY BASIS Job Title Work Performed Hourlv Rate Attorney In Office $150.00 Attorney At Hearing/In Court or Adversary proceeding Secretary Secretarial $200,00 $ 65.00 $ 45.00 L,aw Clerk/Paralegal All Computer Operator Micro Computer/Word Processing $ 45.00 Electronic research Use of electronic library $120.00 Copies $.10 per page Faxed material Sent or received $1.00 per page Fees are based on time, portal-to-portal, for out of office meetings, conferences, and hearings. Incurred expenses or costs, such as filing fees, doctors' fees, medical reports, expert fees, etc., are billed at cost. statements are sent every thirty (30) days. Payment is expected by the date indicated on the statement. 11.11 accounts with balances outstanding after thirty (30) days are charged interest at a rate of 1.5% per month on the outstanding balance. Outstanding balances will not be carried past ninety (90) days. Please remit all payments to: D I S SIN G E R & D I S SIN G E R Attorneys At Law 400 South State Road Marysville, PA 17053 717-957-3474 william c. Dissinger Mary A, Etter Dissinger Stephen G. Held -.",,~ I~ " - ~~ ,. DISSINGER.!. . DDISSINGER Camp Hill Offices: 717.975.2840jvoice. 717.975.3924jfax Marysville Offices: 717.957.3474jvoice. 717.957.2316jfax April 20, 2000 File # 1-99-502 Invoice # 9635 Kenneth B. Ketterer 112 Big Dam Road DiIlsburg, PA 17019 Attention: Mar-13-00 Mar-14-00 Mar-2I-00 Apr-03-00 Apr-07-00 Mr. Ketterer StudylReview letter from Benn; telephone can to Benn (NC) Telephone can to Benn (NC) StudylReview letter from Benn (NC) Prepare for Hearing (NC) Appearance at Hearing (NC) Word Processing letter to Atty. Benn (NC) Word Processing revisions to letter to Atty. Benn (NC) Telephone call to Benn; draft letterto Benn (NC) Interest charged on unpaid balance through April 7, 2000 Total $30.30 Total Fees and Disbursements $30.30 Previous Balance $2,019.76 Previous Payments $0.00 Balance Due $2,050.06 Please remit the outstanding balance due on or before May 5, 2000. Interest will be charged on any unpaid balance after that date",'EXHIBIT .,.......... ... 28 North Th::~~:d7:ee~: ;~:HiIJ, PA 17011t;:'~;/, 400 South State Road. Marysvilk PA 17053 ... ..... ... .... ..... .. .... ..'.....:f'..'.,::,.: , . Camp Hill Offices: 717.975.2840{voice . 717.975.3924{fax Marysville Offices: 717.957.3474{voice. 717.957.2316{fax March 21,.2000 File # 1-99-502 Invoice #9469 Kenneth B. Ketterer 112 Big Dam Road DilIilburg, PA 17019 Attention: Mr. Ketterer DATE DESCRIPTION Feb-29-00 Telephone call to District Justice Manlove's Office (NC) Word Processing letter to District Juistice Manlove's Office (NC) Draft letter to District Justice Manlove (NC) Mar-OI-OO Mar-07-00 Telephone call to D.J. Manlove's Office (NC) Interest charged on unpaid balance through March 7, 2000. 29.82 Total 529.82 DISBURSEMENTS Disbursements Receipts Feh-29-00 Photo Copies Fax to D.J.Manlove 0.10 2.00 Totals 50.00 $2.10 Total Fees & Disbursements $31.92 Previous Balance $1,987.84 Previous Payments 50.00 Balance Due Now Please remit the outstanding balance due on or before April 5, 2000. on any unpaid balance after that date. Attorneys at Law 28 North Thirty.Second Str~et · Cam~ HilL PA 170n 400 South State Road. Marysville, PA 17053 52,019.76 Interest will be charged ,-,-~"--"- ~~Ii":'" . .- ~ ..:- . . . ~I~.- ~ -~, ~ -~ , .-.;,,~;~~~-~~ o!;SINGER.. 0 . : DISSINGER Camp Hill Offices: 717.975.2840Ivoice. 717.975.3924{fax Marysville Offices: 717.957.3474jvoice. 7l7.957.2316jfax February 22, 2000 KellJl1eth B. Ketterer 112 Big Dam Road DiUilburg, PA 17019 Attention: Mr. Ketterer DArE DESCRIPTION Feb..07-00 Interest charged on unpaid balance through February 7, 2000. Total Total Fees & Disbursements Previous Balance Previous Payments Balance Due Now Attorneys at Law 28 North Thirty-Second Str~et . Camp HilL PA 17011 400 South State Road · Marysville, PA 17053 - . !~="" - File #1-99-502 Invoice # 9348 29.38 $29.38 $29.38 51,958.46 $0.00 $1,987.84 o , . D~SINGER" .: DISSINGER Camp Hill Offices: 717.975.2840{voice. 717.975.3924{fax . Marysville Offices: 717.957.3474{voice. 717.957.2316{fax January 12, 2000 MATTER II 1-99-502 INVOICE II 9231 Kenneth B. Ketterer 112 Big Dam Road Dillsburg, PA 17019 Dear Mr. Ketterer: Previous Balance $1,874.84 $0.00 $83.62 Payment on Account Current Charges Outstanding Balance Due $1,958.46 =======~=============== ============ Attorney Services: study/Review letter from Benn and letter from Ketterer to Benn (NC) Total Attorney Services Dec-30-99 $0.00 Interest: Jan-Q7-00 Interest charged on unpaid balance through January 7, 2000. Total l:nterest $28 . 12 $28.12 Total Pees Costs Advanced: Jan-03-00 $55.50 $55.50 $83.62 Costs advanced to 09-1-02 Total Costs Advanced Total Pees and Disbursements Attorneys at Lalv , . 28 North Thirty-Second Street. Camp Hill. PA ] 70n 400 South State Road. Marysville, PA ] 7053 -,~ - - - . ;''''''-''"'"- _?_-- o o Trust Aaoouat Ballanee $0.00 Please remit t.be GlUtsct.a1'lElimg bal.uwe due c:m er be€ere Felft'Wlry S, 1N0. :tl'l<terest will be slilar~El c:m any W'lpaili bal<lMle after that elate. Very truly yours, Mary A. Etter Dissinger Attorney at Law MAED:ssb e c q o 'I 0 DISSINGER I IDISSINGER Camp Hill Offices: 717.975.2840{voice. 717.975.3924{fax Marysville Offices: 717.957.3474{voice. 717.957.2316{fax December 15, 1999 Kenneth B. Ketterer 112 Big Dam Road Dillsburg, PA 17019 Re: Notice of Billing Rate change Dear Mr. Ketterer: In accordance with our engagement letter, we are notifying you that effective January 1, 2000, our billing rates have been increased. We have not always raised the rates annually, and do not undertake the revisions lightly. We have determined that it is appropriate to begin billing on January 1, 2000, at the increased rates. Please see the attached standard fee schedule. We appreciate the confidence you have expressed in our firm by retaining us to repres~nt you. We will continue to provide you with the same quality o~ services. Very truly yours, Mary A. Etter Dissinger Attorney at Law MAED:ces Attachment: 1 File 1-99-502 Attorneys at Law , , 28 NOM Thirty-Second Street. Camp Hill, PA 170n 400 South State Road. Marysville, PA 17053 "~a. " I' - , , Sll'ANOAlID FEES o ~, o FOR SERVICES ON AN HOURLY BASIS Job Title Work Performed liourlv Rate Attorney In Office $165.00 Attorney At Hearing/In Court or Adversary Proceeding Associate Attorney In Office $220.00 $100.00 Associate Attorney At Hearing/In Court or Adversary Proceeding Secretary Secretarial $150.00 $ 75.00 $ 50.00 Law Clerk/Paralegal All Computer Operator Micro Computer/Word Processing Faxed material Sent or received $ 50.00 $150.00 $.10 per page $1. 00 per page Electronic research Use of electronic research Copies Fees are based on time, portal-to-portal, for out of office meetings, conferences, and hearings. Incurred expenses or costs, such as filing fees, doctors' fees, medical reports, expert fees, etc., are billed at cost. Statements are sent every thirty (30) days. Payment is expected by the date indicated on the statement. All accounts with balances outstanding after thirty (30) days are charged interest at a rate of 1.5% per month on the outstanding balance. outstanding balances will not be carried past ninety (90) days. Please remit all payments to: D r s s r N G E R & D r s s r N G E R Attorneys At Law 400 South State Road Marysville, PA 17053 717-957-3474 William C. Dissinger Mary A. Etter Dissinger Matthew D. Strohm ';:;;~,.,- . " '-I ~ D~INGER. 0 : DISSINGER Camp Hill Offices: 717.975.2840{voice. 717.975.3924{fax Marysville Offices: 717.957.3474{voice. 717.957.2316{fax December 14, 1999 MATTER # 1-99-502 INVOICE # 9118 Kenneth B. Ketterer 112 Big Dam Road Dillsburg, PA 17019 Dear Mr. Ketterer: Previous Balance $1,605.75 Current Charges $0.00 $269.09 Payment on Account Outstanding Balance Due $1,874.84 ----------------------- ----------------------- ------------- ------------- Attorney Services: Nov-19-99 Telephone call to client (NC,LM) Dec-06-99 Telephone call to client Study/Review file Draft letter to client (NC) Nov-24-99 Total-Attorney Services $165.00 Word Processing Services: Nov-11-9.9 Word Processing letter to client Word Processing letter to Atty. Luedtke Dec-07-99 Word Processing letter to client (NC) Attorneys at Law 28 North Thirty-Second StrM . Camp HilL PA 17011 400 South State Road. Marysville, PA 17053 '~"'""- . - . , , o o Total Word Processing services $40.50 Interest: Interest charged on unpaid balance through December 7, 1999. Total Interest $24.09 Paralegal Services: Nov-11-99 Draft letter to client Draft letter to Atty. Luedtke Total paralegal Services $39.00 $268.59 Total Fees Costs Advanced: Nov-11-99 Photo Copies of letter to client $0.10 Dec-07-99 photo copies of letter to Atty. Luedtke Photo Copies of letter to client (NC-2) $0.20 $0.20 Total Costs Advanced $0.50 $269.09 Total Fees and Disbursements Trust Summary: Jan 27/1999 Trust Balance -$6.17 $6.17 Nov 30/1999 Trust Funds received Trust Account Balance $0.00 Please remit the outstanding balance due on or before January 5, 2000. Interest will be charged on any unpaid balance after that date. Very truly yours, Mary A. Etter Dissinger Attorney at Law MAED:csb eli!/! ........... c DA3INGER~ 0 : DISSINGER Camp Hill Offices: 717.975.2840{voice . 717.975.3924{fax Marysville Offices: 717.957.3474{voice. 717.957.2316{fax November 16, 1999 MATTER # 1-99-502 INVOICE # 8997 Kenneth B. Ketterer 112 Big Dam Road Dillsburg, PA 17019 Dear Mr. Ketterer: Previous Balance $1,420.15 Current Charges $0.00 $185.60 Payment on Account outstanding Balance Due $1,605.75 ----------------------- ----------------------- ------------- ------------- Attorney Services: Oct-25-99 Instruction Draft letter to client Nov-08-99 Telephone call to client (NA,NC,LM) Nov-09-99 Telephone call to client (NA,NC,LM) Oct-15-99 Draft letter to Luedtke Total Attorney Services $135.00 Word Processing services: Oct-18-99 Word processing letter to Luedtke Attorneys at Law 28 North Thirty-Second Stre~t. camQ Hill, PA 17011 400 South State Road · Marysville, PA 17053 "'if'j - I;~ , . !h"1l1" Oct-27-99 o o " Word processing letter to client Total Word Processing Services $27.00 Interest: Nov-07-99 Interest charged on unpaid balance through November 7, 1999. Total Interest $21.30 $183.30 Total Fees Costs Advanced: Oct-18-99 Oct-27-99 $0.20 Photo copies of letter to Atty. Luedtke Fax to Atty. Luedtke $2.00 $0.10 Photo Copies of letter to client $2.30 $185.60 -$6.17 Total Costs Advanced Total Fees and Disbursements Trust Account Balance Please remit the outstanding balance due on or before December 5, 1999. Interest will be charged on any unpaid balance after that date. Also, please send a check in the amount of $6.17 to cover costs disbursed from your Trust Account. Thank you. MAED:csb Very truly yours, Mary A. Etter Dissinger Attorney at Law ~ ""_J. o ~,i~ltingtr 0 &: missingtt attomt!'~ m 'IabJ MARY A. ETTER DISSINGER WILLIAM CHESTER DISSINGER STEPHEN GEORGE HELD October 12, 1999 Kenneth B. Ketterer 112 Big Dam Road Dillsburg, PA 17019 Dear Mr. Ketterer: Previous Balance Payment on Account Current Charges Outstanding Balance Due ----------------------- ----------------------- Attorney Services: Oct-01-99 Telephone call to client (NA,NC) Sep-13-99 study/Review Agreement study/Review letter from Luedtke; Instruction (NC) Sep-30-99 Draft Consent and Waiver Total Attorney Services Word Processing Services: Sep-30-99 Word Processing Consent and Waiver Total Word processing services 1 -- ". - Camp Hill Office: 28 N. Thirty-Second Street Camp Hill, Pennsylvania 17011 717 975-2840 FAX 717 976-3924 Marysville Office: 400 South State Road Marysville, Pennsylvania 17053 717 957-3474 FAX 717 957-2316 MATTER # 1-99-502 INVOICE # 8898 $1,265.57 $0.00 $154.58 $1,420.15 ------------- ------------- . $120.00 $13.50 "' .'1" , -'_~,l c o Inte:rest: Oct-07-99 Interest charged on unpaid balance through October 7, 1999. Total Interest Total Fees Costs Advanced: Sep-11-99 Fax from Atty. Luedtke Sep-30-99 Photo Copies of Consent and Waiver Total Costs Advanced Total Fees and Disbursements Trust Account Balance $18.98 $152.48 $2.00 $0.10 $2.10 $154.58 $-6.17 Please remit the outstanding balance due on or before November 5, 1999. Interest will be charged on any unpaid balance afte:r that date. Also, please pay $6.17 to reimburse your Trust Account for costs to the Prothonotary and Postmaster. Very truly yours, stephen G. Held SGH:csb ~~ "1- "'-1 .0 lli~~inger 0 , & llissinger attomt!'s 1m .laW MARY A. ETTER DISSINGER WilLIAM CHESTER DISSINGER STEPHEN GEORGE: HELD September 13, 1999 Kenneth B. Ketterer 112 Big Dam Road Dillsburg, PA 17019 Dear Mr. Ketterer: Previous Balance Payment on Account Current Charges Outstanding Balance Due ========~============== "I : Attorney Services: Aug-06-99 Study/Review Marriage Settlement Agreement Aug-12-99 Consultation with client Telephone call to Luedtke (NA,NC,LM) Aug-18-99 Telephone call to Luedtke (NA,NC,LM) Aug-19-99 Telephone call to Luedtke (NA,NC,LM) Aug-23-99 Telephone call to Luedtke (NA,NC,LM) 7,'1"_ ,. " Camp Hili Office: 28 N. Thirty~Second Street Camp Hill. Pennsylvania 17011 717 975-2840 FAX 717 976-3924 Marysvllle Office: 400 South State Road Marysville. Pennsylvania 17053 717957.3474 FAX 717 957-2316 MATTER # 1-99-502 INVOICE # 8812 $1,038.30 $0.00 $227.27 $1,265.57 ------------- ------------- ,- o o Aug-23-99 Telephone call to Luedtke (NA,NC,LM) Aug-24-99 Telephone call to Luedtke (NA,NC,LM) Aug-25-99 Telephone call from client (NC) Aug-30-99 Draft letter to Luedtke Sep-02-99 Telephone call from client Total Attorney Services secretarial services: Aug-30-99 Word Processing letter to Atty. Luedtke Total Secretarial services Interest: Sep-07-99 Interest charged on unpaid balance through september 7, 1999. Total Interest Total Fees Costs Advanced: Aug-05-99 Fax from Atty. Luedtke Aug-30-99 Photo copies of letter to Atty. Luedtke Fax to Atty. Luedtke Total Costs Advanced Total Fees and Disbursements Trust Account Balance i:-\~...._ . '-f ".,~ ., r $180.00 $13.50 $15.57 $209.07 $15.00 $0.20 $3.00 $18.20 $227.27 -$6.17 . C., < o Please remit the outstanding balance due on or before October 5, 1999. Interest will be charged on any unpaid balance after that date. Also, please remit $6.17 to reimburse your Trust Account. Very truly yours, stephen G. Held SGH:csb -- . o l\i~~ingtr , &: l\i~singtr ~mt!,5 m Ia\u , MARY A, ETTER DISSINGER WILLIAM CHESTER DISSINGER STEPHEI\l GEORGe HElD August 9, 1999 Kenneth B. Ketterer 112 Big Dam Road Di11sburg, PA 17019 Dear Mr. Ketterer: Previous Balance Payment on Account Current Charges Outstanding Balance Due ===~=================== Attorney Services: Jul-12-99 Telephone call from client Telephone call to Luedtke (NA,NC,LM) Telephone call to Luedtke Jul-08-99 Telephone call to Luedtke (NA,NC,LM) Jul-13-99 Draft language for Marriage Settlement Agreement Jul-15-99 Draft letter to Luedtke Jul-21-99 Consultation with client (NC) Total Attorney Services .,,- ' ~,- o Camp Hili Office: 28 N. Thirty-Second Street Camp Hill, PennsYlvania 17011 717 975-2840 FAX 717 975-3924 Marysville Office: 400 Solrth State Road Marysville. Pennsylvania 17053 717 957-3474 FAX 717957-2316 MATTER #1-99-502 INVOICE # 8702 $902.46 $100.00 $235.84 $1,038.30 ------------- ------------- $210.00 ~'" .. i' " 'i ::! i'l i:! :1 ':, j.: ,:i , j;! " I ., ~ i '( ."~;",,,,-~._, , o o Word Processing Services: Jul-16-99 word Processing letter to Atty. Luedtke Total Word processing Services $13.50 Interest: Aug-07-99 Interest charged on unpaid balance through August 7, 1999 Total Interest $12.04 $235.54 Total Fees Costs Advanced: Jul-16-99 Photo Copies of letter to Atty. Luedtke $0.30 Total Costs Advanced $0.30 $235.84 Total Fees and Disbursements Trust Account Balance -$6.17 Please remit the outstanding balance due on or before September 5, 1999. Interest will be charged on any unpaid balance after that date. Also, please reimburse the Trust Account in the amount of $6.17. Very truly yours, Stephen G. Held SGH:csb . " >--, 1~ -' p- DIssinger 'Oissfnger . Attorneys At law NlAlIlY ,,". ETTIIli a..NOIA Yvlc.LlAM CHEaTER DI..IHOIR aUI'HIN Of;OROf HELP JUly 8, 1999 camp WI! OfflUI 2$ N. Thfrty~S&oond StJellt Camp. Hili, fltnnllvlv.nl. 11011 717975-2840 FAX: 717 8715~3gi24 M.ry." 0Hk.: 400 South Stat. Ro.d M.,..,..\AI16, PaMllr'lvanla 17053 711 967-3474 FAX 717 H7~~Ull MATTER #1-99-502 INVoICE # 8603 Kenneth B. Ketterer 112 Big Dam Road Dillsburq PA 17019 Dear Mr. Ketterer: Previous Balance $888.90 $0.00 $13.56 $902.46 Payment on Aocount CUrrent Charges Outstanding Balance Due -=~::;!=:==-=====a=:=i;;:;;;;;_a:_:.: ==::;:;:;===;;;;;;;;=:;;;;;;==>ili Interest: Jul-07-99 Interest charged on unpaid balance through JUly 7, 1999. Toi:el.:rnter.st '13.56 -$5.17 Trust Acoount Belenoe Please remit the outstanding balance due on or berore August 5, 1999. Inte~..t will be charged on any unpaid balance after that date. Also, please send a check in the amount Of $6.17 to reimburse your Trust. Account for fees pdd to the Postmaster. .0''''''''"''''0-"'''. ,," "~ 1= _. _~"Ii'IGER PAGE 04 . ~ou will notic. that your Previous Balance of $888.90 ,J less than your previous statement balance. There was a ~a~ion made in a time entry in your case and corrected on this .......oico. contact me. If you have any questions;, please don't hesitate to Very truly yours, Stephen G. Held SGH:csb . ,,,,~!,,,,,,.._~,, I ~ ~, ~ . o l\i~~ingtr & l\issingtr ~t!'~ m laW IMARY A. ETTER DISSINGER WILLIAM CHESTER DISSINGER :STEPHEN GEORGE HELD June 8, 1999 Kenneth B. Ketterer 112 Big Dam Road Dillsburg PA 17019 Dear Mr. Ketterer: Previous Balance Payment on Account Current Charges ./~- outstanding Balance Due ----------------------- ----------------------- Attorney Services: May-25-99 Telephone call from client May-26-99 MaY-11-99 Consultation with client study/Review Agreement MaY-12-99 Telephone call to Luedtke (NA,NC,LM) May-17-99 Telephone call to Luedtke (NA,NC,LM) Telephone call from client :May-18-99 Telephone call to Luedtke (2x) 'Total Attorney Services ,.~ -" --I o Camp Hill Office: 28 N. Thirty~Second Street Camp Hill, Pennsylvania 17011 717 975-2840 FAX 717 976~3924 Marysvllle Office: 400 South State Road Marysville. Pennsylvania 17053 717 957-3474 FAX 717 957-2316 MATTER # 1-99-502 INVOICE # 8497 $655.20 $75.00 $323.70 $903.90 ------------- ------------- $315.00 . , o 0', . . Interest: ,Jun-07-99 Interest charged on unpaid balance through June 7, 1999. Total Interest $8.70 Total Fees $323.70 -$6.17 Trust Account Balance Please remit the outstanding balance due on or before July 5, 1999. Interest will be charged on any unpaid balance after that date. Also, please reimburse your Trust Account for the $6.17 disbursed. Very truly yours, stephen G. Held SGH:csb ...~'- 1 . -'''I<~.~~ -I "11 03/21/2000 13:38 7179572315 DISSINGER Dissinger Dissfnger AttomeysAt Law MARY A.. ET'fER otNlNGER WllU~M CHEateR DllIaWOEN aT_PHlN MOROE HELD May 7, 1999 Kenneth B. Ketterer H2 Big Dam Road Dillsburg PA 17019 Dear Mr. Ketterer: Previoue Balance Payment on Account Current Charges outstanding Balance Due ~~===..=.~=a~__~____ Attorney Services: Mar-31-99 Telephone call from LUedtke study/Review billings Conference with client (NC) Apr-14-99 May-03-99 Telephone call to Luedtke (NA,NC,LK) Draft letter to Luedtke ~ot.l Attorney Service. Word Processing Services: Apr-12-99 Word Processing letter to client " May-03-99 Word Processing letter to Atty. Luedtke >",,,,-,,,,,~~ -.- ~ ~~,~- PAGE 01 Cem.p ..... OfflQ~: .28 N, Thlrty,S.r;:Qnd Strnt Camp Hm. Ponnlylvlnls 11011 717 976-2840 FAX 717 t16~3124 Maryn" Ofl'ke: 400 $owth Stlt. fIoI;j MarytviMf. r.nnlvlYlnla 11063 717957-a474 fAX 717 .7-2318 KATTER # 1-99-502 INVOICE I 8398 $516.80 $0.00 $138.40 $655.20 ;::O;;::;:======ZK=:;;;;;a;:f~ $90.00 , . ' , , ....~~~.:..........:_~o..--.:.------- Total Word proo...inq servio.. Interest: Interest charged on unpaid balance through May 7, 1999. Total Iut.r..t May-07-99 Paralegal Services: Apr-12-99 Draft letter to olient Total paraleval S.rviG.. Total :r... Costs Advanced: Apr-09-99 Photo Copies of letter to client May-03-99 photo Copies of letter to Atty> Luedtke Total co.t. AdvauG.d Total :raa. ahd ni.bur....ut. Trust AeQount Balanca --------, $1. 00 $0.20 $22.50 $11.70 $13.00 $137.20 $1.20 $138.40 $-6.17 Please remit the outstanding balance due on or before June 5, 1999. Interest will be charged on any unpaid balance after that date. Also, we would appreciate a cheek in the amount of $6.17 to COVer Trust FUnds disbursed. Very truly yours, st.phen G. Held SGH:csb '-'''''''''"...;r... ~. ~, . . , I': '. , j,', , 'i ,'i 'I,," ~ . o Iliitsingtt 0 &: Ilissingtt attarnt!'_ m laiu MARY A. ETTER DISSINGER WILLIAM CHESTER DISSINGER STEPHEN GEORGE HELD April 8, 1999 Kenneth B. Ketterer 112 Big Dam Road Dillsburg PA 17019 Dear Mr. Ketterer: Previous Balance Payment on Account Courtesy Discount Current Charges outstanding Balance Due ----------------------- ----------------------- Attorney Services: Mar-10-99 Consultation with client (NC) Telephone call to Luedtke (NA,NC,LM) Mar-11-99 Telephone call from Luedtke Total Attorney Services Interest: Apr-05-99 Interest charged on unpaid balance of $128.00 for February and March, 1999. , Camp HIlI OffIce: 28 N. Thirty-Second Street Camp Hill. Pennsylvania 17011 717975-2840 FAX 717 97&-3824 MeryavUle OffIce: 400 South State Road Maryaville. Pennsylvania 17053 717967-3474 FAX 717 967-2316 MATTER # 1-99-502 INVOICE # 8294 $582.30 $0.00 $109.20 $79.09 $552.19 ------------- ------------- $30.00 ... . , -"i'_ . o , , o Total Interest Word Processing services: Mar-17-99 Word Processing letter to client Mar-19-99 Word Processing letter to Atty. Morris Total Word processing Services Paralegal services: Mar-17-99 Draft letter to client Mar-19-99 Draft letter to Atty. Morris Total Paralegal Services Total Fees Costs Advanced: Mar-17-99 Photo Copies letter to client Mar-30-99 Fax from Atty. Luedtke Total Costs Advanced Total Fees and Disbursements Trust Account Balance $0.20 $1. 00 $3.89 $18.00 $26.00 $77.89 $1.20 $79.09 $-6.17 Please remit the outstanding balance due on or before May 5, 1999. Interest will be charged on any unpaid balance after that date. Very truly yours, stephen G. Held SGH:csb , I " " -- -'. -j"""' - - i'i I' Ii Ii I I I I:: I, I' I I ! I Ii i-I " i) i,1 Ii I,] ;,j I, ! ,->+,,~-. . ,,,..-. c llil1Jjingtt 0 &: missingtt. mtomq~ fit laiD MARY A. ETTER DISSINGER WILLIAM CHESTER DISSINGER STEPHEN GEORGE HELD March 11, 1999 Kenneth B. Ketterer 112 Big Dam Road Dillsburg PA 17019 Dear Mr. Ketterer: Previous Balance Payment on Account CUrrent Charges Outstanding Balance Due ----------------------- ----------------------- Attorney Services: Feb-09-99 Telephone call to to client (NA/WC/LM) Telephone call from from client Feb-11-99 Telephone call from client Feb-12-99 Telephone call from Luedtke Draft letter to Stacia Evans, Members 1st CU Feb-17-99 Telephone call from client Study/Review Custody Agreement Camp MIl OffIce: 28, N. Thirty.Second Street Camp HiD. Pennsylvania 17011 717 976-2840 FAX 7,17 876-38Z4 ....,... 0flIc0: 400 South Stoto Rood Mary.vlDe. Penn8ylvenla 17053 717967-3474 FAX 717 967-2318 MATTER # 1-99-502 INVOICE # 8175 $128.80 $0.00 $453.50 $582.30 ------------- ------------ ~ , :"!~ Feb-18-99 Feb-22-99 Feb-23-99 Feb-24-99 o , . Telephone call to client (NC) Telephone call to stacia Evans (NA/NC/LM) Telephone call from stacia Evans Telephone call to client (NA/NC/LM) Telephone call from client (NC) Telephone call to Ryerse (NA/NC/LM) Telephone call to Attorney Cook; telephone call to Luedtke; Letter to Attorney Cook (NC) Telephone call to client (NA,NC,LM) Telephone call from client Draft letter to client Telephone call to client (NC,NA,LM) Total Attorney Services Mar-02-99 Word Processing services: Feb-12-99 Feb-18-99 Feb-24-99 Word Processing letter to Member's First Credit Union Word Processing letter to Prothonotary Word Processing letter to Cook Word Processing letter to client Total Word Processing Services Paralegal Services: Feb-18-99 Total paralegal Services Draft letter to prothonotary - . . , o $375.00 $49.50 $13.00 - M"" - , , Total Fees o o '. Costs Advanced: Feb-12-99 Feb-17-99 Feb-18-99 Feb-24-99 Photo Copies letter to Members First Fax to Members First Fax from Attorney Luedtke Photo Copies Letter to Prothonotary Fax to Atty. Cook Fax to York Co. Court Admin. Fax to Atty. Luedtke Photo Copies Letter to Atty. Cook and client Total Costs Advanced Total Fees and Disl:lursements Trust Account Balance $0.20 $2.00 $7.00 $0.20 $2.00 $2.00 $2.00 $0.60 $437.50 $16.00 $453.50 $-6.17 Please remit the outstanding balance due on or before April 2, 1999. Interest will be charged on any unpaid balance after that date. SGH:csb -v_~~ - ~ ~~, Very truly yours, stephen G. Held '1' , , ,-- ,. c 1lBi~fJ.inget 0 & 1lBissingtt mtllmtps ~f bin MARY-A. ETTER DISSINGER WILLIAM CHESTER DISSINGER STEPHEN GEORGE; HELD February 15, 1999 Kenneth B. Ketterer 112 Big Dam Road Dillsburg PA 17019 Dear Hr. Ketterer: Previous Balance Payment on Account Current Charges outstanding Balance Due ------------------------ ------------------------ l'lttorney Services: Jran-13 -99 Consultation with client Jran-07-99 Initial consultation with client (NC) J-an-21-99 Consultation with client J'an-22-99 File Complaint J'an-25-99 Mail Complaint J'an-26-99 Telephone call from client J.an-29-99 Telephone call from client F'eb-02-99 Telephone call to client . ~"11 ~_~ Camp Hill Office: 28 N. Thirty-Second Street Camp Hill, Pennsylvania 17011 717 975-2840 FAX 717 975-3924 Mary8ville Office: 400 South State Road Marysville, Pennsylvania 17053 717 957-3474 FAX 717 957.2316 MATTER # 1-99-502 INVOICE # 8112 $0.00 $750.00 $878.80 $128.80 ------------- ------------- r .,'llIIfuL. o , . . Feb-03-99 Word Processing conciliation Conference Memo (NC) Draft letter to Court Administrator and Conciliation Memo Telephone call from Karen of Mooney Telephone call to client (NAjNC) Telephone call from client, telephone to Mooney and Assn., telephone call to Look's office ~rotal Attorney services Secretarial services: ,Jan-21-99 Photocopy and conform Divorce Complaint ~rotal Secretarial services Word Processing Services: ,Jan-15-99 Word Processing divorce complaint ,Jan-26-99 Word Processing letter to client ,Jan-29-99 Word Processing Mailing Affidavit Feb-03-99 Word Processing letter to client "4 .. ~rotal Word Processing services Paralegal Services: ;Jan-15-99 Draft divorce complaint ;Jan-26-99 Draft letter to client Feb-03-99 Draft letter to client ~rotal paraleg~.l services t-, o - 720.00 45.00 49.50 58.50 ~ ~ ,- "Wl;.!;" ." , c < . . . Total Fees Costs Advanced: Jan-26-99 Photo Copies Divorce Complaint Jan-26-99 Photo copies 1/26/99 Letter to client Jan-29-99 Photo Copies Mailing Affidavit Feb-02-99 Photo Copies Affidavit of Mailing Feb-03-99 Photo Copies Conciliation Conference Memo Fax from Attorney Luedtke Photo Copies 2/3/99 letter to client Total Costs Advanced Total Fees and Disbursements Trust Summary: Jan- 2-98 Trust Funds received Jan-21-99 Trust Funds received Jan-25-99 Trust Funds disbursed Jan-25-99 Trust Funds disbursed Trust Account Balance o $873.00 $3.90 $0.10 $0.20 $0.20 $0.20 $1. 00 $0.20 $5.80 $878.80 $80.00 $150.00 $230.00 $6.17 $-6.17 Please remit the outstanding balance due. of $128.80 on or before March 6, 199 along with $6.17 to cover the overdraft of the trust account. Interest will be charged on any unpaid balance after that date. Very truly yours, sgh:md Stephen G. Held . "r ~ - - COMMONWEALTH OF PENNSYLV A COUN;ry OF: CUMBERLAND , . ... Mag. 0151. No.: 09-1-02 OJ Name: Hor.. ROBERT V. MANLOVE Add,e" 1901 .'STATE STREET CAMP HILL, PA TelephMe (717) 761- 0583 17011- 0000 !~Y A. ETTER-DISSINGER, ESQ ~100 S STATE RD DISSINGER & DISSINGER MARYSVILLE, PA 17053 NOTICE OF .. ~ .JGMENT/TRANSCRIPT CIVIL CASE' . PLAINTIFF: NAME and ADDRElSS ' 'ETTER-DISSINGER, ESQ, MARY A. -, 400 S STATE RD DISSINGER & DISSINGER ~YSVILLE, PA 17053 ~ VS. DEFENDANT: NAME and ADDRESS 'KETTERER, KENNETH B 112 BIG DAM RD DILLSBORG, PA 17019 L Docket No.: CV- 0000010 - 00 Date Filed: 1/10/00 -, ~ , .:t' T~IIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [i] Judgment was entered for: (Name) ~'M'F.R -TIT!HlTlITa'l;:R. ~!'IQ. MlI.RV 1I. [i] ;:Judgment was entered against: (Name) K~'M'~R~R, KRlITlITF.'I'H R in the amount of $ 2 01Q 7(; on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. O Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ o iD Levy is stayed for days or 0 generally stayed. Objection to levy has been filed and hearing will be held: Dale: Place: Time: (Date of Judgment) (Date & Time) '1/22/00 . Amount of Judgment $ 1.964.26 Judgment Costs $ 55.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,019.76 Post Judgment Credits $ Post Judgment Costs $ -----...------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TD"APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHdNOT :fIC RK OF THE CU' OMMON PLEAS, CIVIL DIVISION. YOU MlIST INCLUDE A COPY OF THIS T F JU IPT FORM WITH YOUR NOTICE OF APPEAL ",3 a. aD Date r certify that this is a true an ~~Jd/6'D Date , District Justice f the proceedings containing the judgment. My commission expires first Monday of January, AOPC 315.99 ' '\""''',o'''___~ ~. r"~ 2006 .' . ~ .^~_Ili I COMMONWEALTH OFPENMSYLV""'IA COURT OF COMMON PLEAS NOTICE ,OF APPEAL . '- ~:'-. .. %>>rJ( CUt.ltHlt1lii1i.1 JUDICI".L DISTRICT 09-1--02 . FIlLH'. .,tj-.' , ~ DISTRICT .JUSTICE JUDGME"T. ~..', . . . COMMON PLE"S.No. . 0.::)":'..1.1"1.$"(3, '" '( . NOTICE OF APPEAL ..... Notice is gi'lOri lhatthe Q~\ant hadiled in lhe Qbove Court ofc~pieas Qncippe~1 froin the iudgmentre.KlereclQylhe District Jusliceo;,.lhe, delle Qndin the CQse mOntioiied below. . . . . '. .' ..-'7- , . ' .}~" .-.. '.' ~ -. '. '- . "; NAME OF APPelLANT Keun.tb B. Ketterer ADDRESS OF APPfU..ANT MAG. DlSt NO. OR NAMf OF OJ. iloI)(.rt V.. Manlove. STATE PC , OfY 112 l'lil;i p&m Roa>:l Dillshurg, I?A DATEOF.JlI>GMe.rT INTHE ASE.OF(Ptaintiffj .:; (Defendant) i-(arcn ;12,. .'1000 N..ry l\.. lltt<l!c-Pissingec, f.equ.j)}~ KmN!!lm BKErl'1S!Wk CLt.IM NO. SlGNATl)A:E OF APPEI.l.ANT HIS ATTORNEY OR AGeNT . . ., . ... I . . ~~~;~1":~to"'~01",i"'~'-\,,,( .,I\'~"':r{:t;~..l . . _ This block will be signed ONLY when this notcJ~on is required under PeL R.CP JP. NeL; If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. ~~ ! . This NOliice of AppeQI, when received by lhe District Justice, will ope",le QS Q 1001(6) in action before District Justice, he MUST , SUPE~SEDEAS to the judgment for possession in this CQse FILE A COMPLAINT within twenty (20 ) days after filing his NOTICE Of APPEAL. 17()lf~ Signature of Prothonotary or Deputy ,. . '{Y'~.,,::.i,~ll~~f!~.I(:r(),~I\IJJIlRU"E TQFILEXCOM,LAINTiANDRULETO.FILEi'",",;;' :>"," ",. .,c'" '.. .. (This section of. form to. 00 Used,:ONL Y;wh~n . appelfarJl.was ..DEfENpil/i'[(sElj'l 'Ri..'fJ:C;.P.iJ'p.wo:.1 OOf (7),!" ,actioriPe.kif~,[)l~lriCt...J.YsiiC€;' . c':; J:~~e~1'r:~~i~~*;:Y:';"".i'~~;.~~~~!l} <<--'""' >b rv, .-'.;l 1$ C"., ".."'-...., ''''~. -r'~ .~~".~" !~ /, ~ . . Si natUre of 1I1inr:. his ttome 8gi!nt . . ~ Kurt A. BJ.&l<;e ,"B'l"'It""ay.!,,:.. RULE: To ".341 A. E~~::;;:'l.ngerf bag. ,Qppellee(s). / .'.:V .:;::;:;::. '; '-;;: _,~--2';.;:.'~4'<v:' _'l~(i~'~)~-\:':~, ,:.:;:::: __ ~,' ~:.E\t",~.-;~:,..:_~'~;::.~:,,_:t~;"~'~'-1L .:' L ~~ '\,; _'- _"~.-.'-;_'-~_~:<":': ~_->.;~, ,:,.Ji-.~_'-,f:~:;~:.~~-_:;'.~~;- - ..-',.,' ~i~.,-,:,~ ...."-{,_'_1. :_ ._)' '~.::;~_o.!,/.,:.~:,.. ", . (I) You 0Ijl rio~fied thai Q rule is hereby enlefed upon you to file a co.nplQint In this.o~within lwenty (20) days tilter the'dole of service of Ihis rule uporl you by personal service or by certified or registered mail .. . . .....~ '. ' - ~"-''''\'\'-,~, - - .' -::: '-' (2) If you do not file a c<>mplaint witl!n~~ilA>ei~il!~~T OF NON PROS WIll BE ENTERED AQAINST YOU. . .:;;;.& '........ - ,)" If. ' ..;." \';~ ." .0. ...~ /, t (3) The dcrIe of service of this '!!Ji,if.;e.vice..was by Il!Qiri$~. as>te of mailing. .....(4--:- ... . ..'-.r.... ......~ .~,~ .. t,")''-~ ./ "'; ..'':.4'.- .J- '" . .;,.:~.' .Z!~'~.:.~.i .r.........~~~I:.\.,.:::..... \. ~."' ~ 1 Date. >0 t l ' loft -c~:..._'~.....- . ""'.... .... dlo." ::.~~--"..- :-.: ""~:',-:-'-".>':'",.,''-'....-'~ ~ " - -~""~- , ,,;.oA.. ',_,_'~~_\--~-j;_""-"" ,"'-::-~'.;~~-~" "~:l :;.; ""T'f'"" . ------ - --' , -.~' ,,,,~~i~:":'\""~~~1{~~~~~"'.":w,"""'.'" ..... >-',"1;' . ....._,\ .',',: ./'l'lr1':~):-"--'/~1!~: rj ~~~": :;(l." . i < t !l/glaIin1of~ lDePutv..-;' .'.... "'.J~~lit ~~ .,."', - ~ ~./'Jl;; --""~ -., '1'~ . . COPYT08E SERVED ON ~PPELL"E . . A_q~C 312-90 ,,,,,,,,"'i"""'~\IO~ " -.... _~~f'ffiI<"""'"' fflI<I1~_ j,j.J. t,; , n i; V Ii: I'! U I'; i1 i q i'l l',i ii !;i II i:i t,! iJ n i-I " I' I'i " ~ ;' i.:: I"~ I,~ , I'","~_= ., < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISSINGER &. DISSINGER Attorneys at Law, Plaintiffs. vs. KENNETH B. KETTERER, Defendant: . No. 00-2275 CIVIL ACTION - LAW CIVIL TERM NOTICE TO: Mary A. Etter Dissinger, Esquire Dissinger & Dissinger Attorneys at Law 28 North 32nd Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from the service hereof or a judgment may be entered against you. Date: 6' f (j () - ."J ~ ,,,_ '_~""'" _ ~ _ 0,1 _ =. ~,_, r--- " ~. "". ,"," RESPECTFU . Y SUBMITTED: The Law Ices of Kurt A. Blake BY: Ku A. Blake, squire I No. 68791 o East Princess Street York, PA 17403 (717) 848-3078 , ..- ,. ii' !:1 " !-':, I: :1 " !I !, i1 j. I 1:1 'I !1 " I!. [-1 i ~ ,i ij Ii , , i: i-, I: ! !-; i,. i I I: ,. :,-e1.,.,'lRl!I " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISSINGER & DISSINGER Attorneys at Law, Plaintiffs No. 00-2275 CIVIL ACTION - LAW vs. CIVIL TERM KENNETH B. KETTERER. Defendant: DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 1 . Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that Plaintiffs billed the Defendant in accordance with their written agreement. 7. Admitted. 8. The averments of paragraph 8 are conclusions of law to which no response is deemed necessary. 9. Admitted. WHEREFORE, Defendant requests this Honorable Court to dismiss the Plaintiff's Complaint. DEFENDANT'S NEW MATTER 10. Paragraphs 1 through 9 of the Defendant's Answer to Plaintiff's Complaint are incorporated herein as set forth above. 11. Plaintiff has not charged fees in a reasonable and customary manner. Plaintiff's charges are excessive, unnecessary and against the request of the Defendant. ~- - .-j-- .' '''"'" ',. . 'j I, ') ;:1 ['! H " " H U 'I i:l i't :'! :i i' " II , II II ') . ~ 1 Ii fj , i ,"" . . WHEREFORE, The Defendant requests this Honorable Court to dismiss the Plaintiff's complaint. BY: , _ .,,~ .-, ~ ,r,'" RESPECTFULLY SUBMITTED: The Law Offi of Kurt A. Blake Kurt . Blake, Esquire Att mey ID No. 68791 40 East Princess Street York. PA 17403 (717) 848-3078 0_" ,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYlVANIA DISSINGER & DISSINGER Attorneys at Law, Plaintiffs No. 00-2275 CIVIL ACTION - LAW vs. CIVIL TERM KENNETH B. KETTERER, Defendant: CERTIFICATE OF SERVICE And Now, this _ day of June ,2000, I, the undersigned, do hereby certify that I caused to be served the foregoing Defendant's Answers to Plaintiff's ComD/aint and Defendant's New Matter as follows: I Ii II II ,I Ii ii " ! II I' I ! 1 ,. I, i:i I' I i: Ii I Via United States First Class Mail, Postage Prepaid: BY: K rt A. 5lake, Esquire Attorney ID No. 68971 THE LAW OFFICES OF KURT A. BLAKE 40 East Princess Street York, PA 17403 (717) 848-3078 "~,,~ .,"~ ,- " C_,___ , 'n JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDlS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLJ. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP IDLL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 - FACS1M1LE: (717) 737-3407 EMAIL: attomey@ssfl-law.com November 21,2000 Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Re: Arbitration Award Dissinger & Dissinger v. Kenneth B. Ketterer Civil Action No. 00-2275 Dear Prothonotary Long: Enclosed with this letter is the arbitration award in the referenced case. Please make the arbitrators' checks payable as follows: Harold Irwin (for John Baranski) - EIN#25-1740040 Mary Kollas Kennedy - SS#I66-60-9702 Geoffrey S. Shuff - EIN#25-1694606 OF COUNSEL ALBERT H. MASLAND CARLISLE OFFICE: 26 W. IDGH STREET CARLISLE, P A 17013 TELEPHONE: (717)243-6222 F ACS1M1LE: (717)243-6486 REPLY TO CAMP HILL Thank you for your consideration of this matter. Of course, please call if you have any questions or require anything further. Very truly yours, SAID~HUFF, FLOWER & LINDSAY GSSlksn Enclosure :,l'<f, _ "" .~~ ". ,-'-' , '_c, , ,',". ;.'<!, ,h':'- ,f, , ,- '-'~'-'" .s.OMMO~'/I!ALTH OF PENNSYLVANIA . ...... COURT OF COMMON PLEAS ~Exk CUI(ibe.tlan6 JUDICIAL DISTRICT 09-1-02 , , .. NOTICE OF APPEAL ~ ~ FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 00 -.l.1 'XS" C: tILt T Efim NOTICE OF APPEAL Notice is gllven that the appellant has filed in the aOOve Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and i., the case mentioned below. Kenneth B. Ketterer AIXlIESS Of APPEllANT aTY MAG. 0151. NQ OR NAME Of O.J. Robert V. Manlove STAn Z1PC E NAME OF APPELllANT CV Vi 10-00 LT 19 This block will be ~gned ONLY when this notation is required under Pc. R.CPJ.P. Nc. 10088. This NoNce of A~al, when received by the District Justice. will operate as SUPERSI,DEAS to the judgment for possession in this case FA 17019 112 Big Dam Road Dillsburg, ~TE OF AJDGMENT IN THE CASE OF (Plaintiff) March 22, 2000 Mary A. Etter-Dissinger, Esg OAIM NO. SIGNATURE Of APPEL (Defendant) KENNEI'H B KEI'TERER HIS ATTORNEY OR AGENT Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.G.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This seetkm of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECUIE: To Prothonotary Enter rule upon Mary A. Etter-Dissinger, Esguir2 Name of appeffee(sJ (Common Pleas No.O^ -...J.::2. ~ S" Q/~,i( ~D >hj within twenty (20) days after servi ellee(s), ta file a complaint in this appeal 01 suffer entry of judgment of non pro~ RULE: 10 Mary A. Etter-Dissinqer, Esq. ,appellee(s). Name of appefffre(sJ SignatlJre of appeHant or his attomey or agent Blake, Esquir2 (1) You are notified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days aflet the date of service of this rule upon you by personal service 01 by certified 01 registeresj moiL . . (2) ~ you da IlC)t file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. (3) The date of service of this rule if service was by mail is the date of moiling. Date:iip~. tlf--2DoO ~n,,^ D P 71;J~~~- AOPC 312-9CI COURT FILE TO BE FILED WITH PROTHONOTARY 'N~,4~ ~~ "- "' -~ ~ ' . '~'I;'-r,~? -J:'~-"'U" .. .. .'-" ".":' .......' . .,,,,""-"~}i"'~~_"''''~' '~''''e"<f _. ~"1'~' ."'~"""""~' '."'.i" ..,.,..,.....,"'."1...'. "'^"-,..<,,~~ ......-~-~- ~,"- <'" "..,~ - ...,. ". .~~,,_., C_'_'"""""".'~"",__'M_,^",,:"'" ",~ _~..'_ >"__ of' ., t . .,.. . -.... PROOF OF SERVICE OF NOTICE OF APPEAl. AND RULE TO FILE COMPLAINT (This proof of service MUST BE ElL ED WITHIN TEN (10) DAYS ArTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY Of ; .. AFFIDAVIT: I hereby swear or affirm that I sarved o a copy of the Notice of Appeal. Common Pleas No. ___~____~_ . upon the District Justice designBted therein on (date of service) by personal service 0 by (Gertilied) (registered) mail, sender's receipt attached hereto. and upon the appellee, (name) , , on , 19__ by personal service D by (certified) mail. sender's receipt attached hereto. D and lurtherthat I served the Rule to File a Complaint accompan'{lng the above Notice of Appeal upon the appeliee(s) to whom the Rule was addressed on _ , 19_~_,., by serv!cB by (certifled) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ,______, DAY OF , 19_ Signature of affiant Signature of official before whom a.ffidavit was merle !"iI/fr%fficial My commission oxp1res on __~_~_~. 1~ ~t ~ ~ h Crz . ...c ~L b '-'-' ~~ C,19~ .,c. '\ I " ~~ -1:- 0 a 0 C C> " s: """ .... "Um v ?i~ (Ii CD ::;0 Z_L~ :Z:C '-Dl"T1 ~Z l'0 CD? ~~C) KC) -0 :J-:-'r ~O "5:i:J LC ~::,~() )>' 0! c5ni c '~ w j;! .. N ::0 -< !~, < ~ ~ c ~~~.-1QllI 1/'%,=);:", m__"~J$l!Il~li'i~ffli';',>;!'o/.'w~",,-,,j'~!liillill~ _ .,f)~~~;1l,,"I;\Th%t"OJ-,''''jw;'''';'--\''4~[c<,j';'i!RPl"1?i"~~~4~ffi'!i\.''''''fi@l"i%~Ji~~~~~~ --.-", ",:"",~,,"'f-" < ." ",.., i.'" ~,;, "I, '.~'~~, "'f:I~~ 09-1-02 P' "Ii' . . .< . .' NOTICE OF JUDGMENT/TRAMQC):U~T . . CIVIL CASE. '~"'IW' PLAINTIFF: NAME and ADDRESS 'ETTER-DI~SINGER,ESQ, MARYA. I ,r~ 400,.. S STATE RD . .'" ',' ." DISSINGER & DISSINGER ~YSVIl<LE, PA 17053' .cJ VS. DEFENDA~T: ' NAME' and ADDRESS . fiETTE~R,~THB 112 BIG DAM RD . DILLSBURG, PA 17019 L Docket No.: CV- 0000010 - 00 Date Filed: 1/10/00 I , , .-:..- . "'~~-'COMMONWEALTH OF PENNSYLVANIA "". COUNTY OF: CUMBERLAND ( Mag. Dist.No.: DJName: Hon. ''"!, :!: ROBERT V . MANLOVE ^o' ! " Add"'" 19\11.:, STATE STREET CAMP HILL, PA " '.' 1",ph,"" (717 )761-0583 . 17011-0000 ~i :KENNETH B. KETTERER 112 BIG. DAM RD DILLSBURG, PA 17019 ----- .~, cJ "'. ,il~ '.. . Hi/IS ~~:g~~~~ffY YOU THAT.:..... ,.;,< . FOR pl:.A:tNTfFF'""""'~~"-"~"-"'-'"TC-:"-~' ..-' ..... 00 00 Judgment was entered for: (Name) R~RR-nT~~TNnRR. R~Q, M~RV ~ Judgment was entered against: (Name) KR~RRR~, KRNNRTHR in the amount of $ 2,01Q .76 on: (Date of Judgment) (Date &Jime) ':\ /22/00 . . Defenqants are jointly .and severally liable. '.:-- "., . ,,' ."'"-- ' .', '.-' ""'''',' AmounfotJudgmer,t sul:i]$<::tto Attachment/Act 5 of 1996 $. ''';':.,/,:-:::.;,:--,:,,':'''' , ;.'1:," D D Levy is stayeq for, days orDgenerallystayed. $"'" ~.", $"": . .__'r,,:,,~ '.., """W~" ". .' . '; . =~=====';:';;' ""~' ,., /.''''''''', $S' ""'., "~;": ';1Ir '''/'oF,,,' ;:.. -.,,' ""j,- ',,~, ", , ,co'" '-':~":\.; ,:,J~ . " ,'~:(-:,'-', ,,-' !;f. "-~,:" Time: ',.'; :;:'{~L;;: ,,: --; My commission expires first Monday of January, AOPC 315.99 .2'006 ) . ,:" SEAL', . .' ".... '",iA"~il1;W€OOI1~t'R~,~-.'W:ll'il~-.ulllllll;i~i r' ~ Ii. , . _~.lll~,."~,m,J"" ll" ~"I'!;/fllIF'~~"""lo' "".""'"~ I - n --,L ~.~H H l,~~~""i' . ~ ., '. . , .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISSINGER & DISSINGER Attorneys at Law, Plaintiffs Ys. KENNETH B. KETTERER, Defendant: NOTICE No. 00-2275 CIVIL ACTION - LAW CIVIL TERM TO: Mary A. Etter Dissinger, Esquire Dissinger & Dissinger Attorneys at Law 28 North 32nd Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from the service hereof or a judgment may be entered against you. Date: 6' f (j U -JI'li'>I!'I.!lill , , RESPECTFU Y SUBMITTED: The Law ices of Kurt A. Blake BY: .....n_ ~~ ~~ '4'~~ ' ~~ " .. . . " " ,. . , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISSINGER & DISSINGER Attorneys at Law, Plaintiffs No. 00-2275 CIVIL ACTION - LAW vs. CIVIL TERM KENNETH B. KETTERER, Defendant: DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 1 . Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that Plaintiffs billed the Defendant in accordance with their written agreement. 7. Admitted. 8. The averments of paragraph 8 are conclusions of law to which no response is deemed necessary. 9. Admitted. WHEREFORE, Defendant requests this Honorable Court to dismiss the Plaintiff's Complaint. DEFENDANT'S NEW MATTER 10. Paragraphs 1 through 9 of the Defendant's Answer to Plaintiff's Complaint are incorporated herein as set forth above. 11. Plaintiff has not charged fees in a reasonable and customary manner. Plaintiff's charges are excessive, unnecessary and against the request of the Defendant. ..~~~-- ~" ," 't . . , '., WHEREFORE, The Defendant requests this Honorable Court to dismiss the Plaintiff's complaint. "",. ,-., - BY: '_r', ~, RESPECTFULLY SU MITTED: The Law om . of Kurt A. Blake #.j .' ,. Kurt . Blake, Esquire Aft rney ID No. 68791 40 East Princess Street York, PA 17403 (717) 848-3078 't ,~ . ~ '~r . IN THE COURT OF COMMON.PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISSINGER & DISSINGER Attorneys at Law, Plaintiffs No. 00-2275 CIVIL ACTION - LAW vs. CIVIL TERM KENNETH B. KETTERER, Defendant: CERTIFICATE OF SERVICE And Now, this _ day of June ,2000, I, the undersigned, do hereby certify that I caused to be served the foregoing Defendant's Answers to Plaintiff's Comolaint and Defendant's New Maffer as follows: Via United States First Class Mail, Postage Prepaid: BY: K rt A. ake, Esquire ttorney ID No. 68971 THE LAW OFFICES OF KURT A. BLAKE 40 East Princess Street York, PA 17403 (717) 848-3078 '",-"- ~ ,"'........ I,~ ~ II " DISSINGER & DISSINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . OF PENNSYLVANIA vs. I . I KENNETH B. KETTERER Defendant CIVIL ACTION - LAW NO. 00-2275 ORDER OF COURT ... AND NOW, .~~,~~ /8 , 2000, in consideration of the foregoing petitien, ~~A~- ~~~~ , Esq., /) I - ~ KUA-L ,~~ ' sq., and /h4-:t~tJ/4_/ .--r Esq., are appointed arbitrators in the abo -captioned actio as prayed for. By the Court, /! J. .~ , " , ,~= "~-,.'~w ~,'.- ,'I" " , , --~ " ., " .;,'" -" " ........ 'VlN'>'A1ASNN3d. JJ.Nfl08 at\I\f1H3t1Vif1~ 9C :6 If\! 9 I d3S 00 , ,LI\.I10I.nC:I""".....:c.,..:i :10 J'.JJV, \lVI .'\"i",,!"-' .,r; w. :101::Hb-Q:Jl!3 .- "!lIlI~""F _~~ II PJ~~~ 1i'-r""",~_,_ _, I!!.!ii_~_"",." .1J'_"!W~""I,-*,lJ'W"'f~1~i1f:~m!J:iq!f"",~!jjJ'IW"m'R!!~_~. ':.::..--.- ~,--, II " Ii DISSINGER & DISSINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. KENNETH B. KETTERER Defendant CIVIL ACTION - LAW NO. 00-2275 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGE OF SAID COURT: Mary A. Etter Dissinger, counsel for the Plaintiff in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $2,235.27. There is no counter claim. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Kurt A. Blake Angela N. Dobrinoff-Blake Joseph V. Sebelin Mary A. Etter Dissinger Matthew D. Strohm William C. Dissinger Stephen G. Held John James Mooney III Judith M. Luedtka Maria Musti Cook Niles S. Bunn Richard Robinson Terence J. Barra Tara A. Wempe. - ~, "," II WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully sUbmitted, DISSINGER & DISSINGER Date: '1/1 f/(/I/ /~~a~A-- Mary A. Etter Dissinger Attorney for Plaintiff 28 North Thirty-second Street Camp Hill PA 17011 (717) 975-2840 -~ 11 ". DISSINGER & DISSINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs, I , 'KENNETH B. KETTERER Defendant CIVIL ACTION - LAW NO. 00-2275 CERTIFICATE OF SERVICE . I, Mary A. Etter Dissinger, Esquire, hereby certify that on "the date set forth below I served a true and correct copy of the : foregoing document upon the attorney for Defendant, by First Class IUnited States mail addressed as follows: Kurt A. Blake, Esquire 40 East Princess Street York PA 17403 Date: i/!Y/W .~ !J~~- - / Mar~ Etter DisSinger~quire :,'l!"J " r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISSINGER & DISSINGER Attorneys at Law, Plaintiffs No. 00-2275 CIVIL ACTION - LAW Ys. CIVIL TERM KENNETH B. KETTERER, Defendant: PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the verification to the Defendant's Answer to Plaintiff's Complaint and Defendant's New Matter in the above captioned matter, which has been previously filed with your office. Date: (0 -/5-00 urt A. Blake, Esquire The law Offices of Kurt A. Blake Attorney ID No. 68791 40 East Pri ncess Street York, PA 17403 (717) 848-3078 -'''~ . Verification L the undersigned, hereby verify that the statements in the foregoing Defendant's Answer to Plaintiff'sComplaint and Defendant's New Matter are true and correct to the best of my understanding. I understand that false statements herein are made subject to the penalties of 18 PaC.S. Section 4904, relating to Unsworn Falsifications to Authorities. DATE: BY: l!ii_ - "' ,I ~ wo .~lE;@~li\WlElffi ml JUN 0 9 2000 Jm BY: 1,- ..QQQ-------~Q--~--~ ,_0""-,", ,.~"r'~"'__ , " _"~ _P!Y~ 1I'~1~~"""" . .._w_ - ~ ~" " ,_'w, ....... .' _ ,.._~~~~?""\il<f'W-N~'~~--~mli'~I!I'ffi\\W~lljOO'il~~~lWlIt .0 ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DISSINGER & DISSINGER, Attorneys at Law, Plaintiff Vs. No. 00-2275 KENNETH B. KETTERER, Defendant Defendant's ResDonse to Plaintiffs Motion to Dismiss of Strike Answer AND NOW, this the 23'd day of June, 2000, comes the Defendant, by and through his counsel, Kurt A. Blake, Esquire, and in response to Plaintiffs petition avers as follows: 1. Admitted and Denied. It is admitted that Plaintiff sent the complaint on or about April 26, 2000. It is however denied, that the Defendant received the complaint on or about April 26, 2000. Proof thereof is demanded at the hearing on this matter. 2. The Averments of Paragraph 2 are conclusion of law, to which no response is necessary, thus such is denied. 3. Admitted. 4. Admitted. 5. The averments of Paragraph 5 are conclusions of law to which no response is necessary, thus such is denied. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the Motion as filed by Plaintiff, and award Attorneys fees to Defendant. NEW MATTER 6. The averments of Paragraph 1 through 5 are included herein by reference thereto, as if set forth at length herein. 7. Plaintiffs position is in contravention to the established procedures and rules ofthe Rules of Civil Procedure, specifically, Ru1e 237, et seq. 8. Pa.R.C.P. Rule 237.1(2) clearly provides that ajudgment by default can be entered i I "-'1-j~ , . ~" "~ r < only after a ten (10) day notice of default is provided, and then after the expiration often (10) days the party files a judgment for default. 9. Plaintiff is proposing for this Court to circumvent the process of Rule 237 and simply dismiss the answers and new matter and allow her to proceed with an award of judgment. 10. The Plaintiffs process is without statutory authority and is in direct contravention to the tenets of Pennsylvania Rules of Civil Procedure. 11. Plaintiffs Motion is baseless, frivolous, without merit, and done only to annoy, harass or embarrass the Defendant. 12. The action is done in response to the Defendant having prevailed recently at the York County Fee Dispute Committee hearing on the issue as addressed in the complaint. 13. Defendant is clearly entitled to Attorney Fees for the frivolous actions of the Plaintiff, and/or Plaintiffs counsel. 14. Defendant will incur attorney fees in the amount of $500.00 if required to have counsel travel to, and attend a hearing on this motion. WHEREFORE, it is respectfully requested that this Honorable Court dismiss the Motion/Petition of Plaintiff, and award attorneys fees in the amount of $500.00 to the Defendant for the Defendant's having to defend against this frivolous motion. Date: June 23, 2000 By: Kurt . Blake, Esquire LD. No. 68791 40 East Princess Street York,PA 17403 (717) 848-3078 ;'?~" - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW DISSINGER & DISSINGER, Attorneys at Law, Plaintiff Vs. No. 00-2275 KENNETH B. KETTERER, Defendant CERTIFICATE OF SERVICE I, the undersigned, do hereby certify, that I have served a true and correct copy of the foregoing Defendant's Response to Motion of Plaintiff, upon the following person(s) by United States Mails, postage prepaid and addressed as follows: Mary A. Etter Dissinger, Esquire 28 North Thirty-Second Street Camp Hill, Pennsylvania 17011 Date: b/J~I Q0 . I By: Kurt A. Blake, Esquire I.D. No. 68791 , '!,.:.~ DISSINGER & DISSINGER, Attorneys at Law Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. KENNETH B. KETTERER, Defendant NO. 00-2275 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 'ZJ1 day of JVtu' , 2000, upon review of the foregoing Motion, a Rule is hereby entered against the Defendant, Kenneth B. Ketterer, to show cause why Defendant Ketterer's Answer should not be stricken and New Matter should not be dismissed. Rule returnable 10 days -}Ju2 ~ S~ ~ from th~ d~te~of~ service hereof. ~ IlJ~ r~ C-1/I~ BY THE COURT;i ~ J. / .~ __/d j;0 ..0 0 JPJY- l,' 'J. 7 ~p 'liIIl!>," .~ L.. .b' _" I "^ ~, ~- - ~ ,'.', _ L . -~~ .--",,-'. - """'-". I'.. WMtt1l{SNN;r", 'VJ'moo aNV-i~i~, , ~L8ftVno O'1IIlHV l' " Nnr 00 A/:NJ..ONO/-IJ."", ?J:Jl.J",~)!,'J 5i-!.i. ::10 V "","''';(371:1 ,~~ ,I_Ill! ! 11 nmiI~lfII!IlIl!Illf:I ""Il'_~~~~~~!M_~~~'Il~!'lj""~j;\W;.l~lllll~~!1-"l'i;.';.fI!rIf'!'J'l.!lj!'lItO~;<<'l!JI~'"'ffi'iW%lliW~,,~"_'f"'I'-'~!l#I'~ '_q!~iI"~_~o " II '. DISSINGER & DISSINGER Attorneys at Law, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW vs. : NO. 00-2275 KENNETH B. KETTERER, DEFENDANT MOTION TO DISMISS OR STRIKE ANSWER 1. On April 26, 2000, Plaintiff, Dissinger & Dissinger, filed a complaint in the above captioned matter, and mailed it to Defendant's counsel on that date. 2. Pursuant to Pennsylvania Rules of civil Procedure 1062, the Defendant was required to file a response by May 17, 2000, twenty days from the service of the complaint. 3. On June 12, 2000, Plaintiff received the Defendant's Answer to Plaintiff's Complaint and Defendant's New Matter. 4. On its face, Defendant's Answer and New Matter bears a court date stamp showing that the Answer and New Matter were filed on June 7, 2000. 5. Defendant's Answer should be stricken and Defendant's New Matter should be dismissed for failure to file in a timely manner as required by the Pennsylvania Rules of civil Procedure. Wherefore Plaintiff, Dissinger and Dissinger, requests this Court to dismiss Defendant's New Matter and enter judgement Defendant in the amount $2,019.76 plus interest pursuant to the District Justice finding and the parties written agreement. Respectfully SUbmitted, DISSINGER & DISSINGER -:Z::::Ef!J;7:;si~ Attorney for Plaintiff Supreme Court ID# 27736 28 North 32nd Street Camp Hill, PA 17011 717- 975-2840 ~~ II I , ' '. VERIFICATION I verify that the statements made in this Motion to Dismiss are " true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. .. ~ ()~. Mary ~ter D1ssinger, ~ secretary/Treasurer of Dissinger & Dissinger "" i'}?<l"'~~l-4,~ ""~,,n., I' ,- CERTIFICATE OF SERVICE I, Matthew D. strohm, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Kenneth B. Ketterer, by First Class United states mail addressed as follows: KURT A. BLAKE, ESQUIRE 40 EAST PRINCESS STEET YORK, PA 17403 Date: t/1-~/ou .. .' DISSINGER & DISSINGER Attorneys at Law, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW vs. NO. 00-2275 KENNETH B. KETTERER, DEFENDANT RESPONSE TO NEW MATTER AND NOW, comes the Plaintiff, Mary A. Etter Dissinger of DISSINGER & DISSINGER, and in response to the Defendant's New Matter, avers the following: , i 6. Admitted. 7. Denied. Plaintiff in no way is attempting to contravene the established procedures in the Pennsylvania Rules of Civil Procedure. Plaintiff's motion to dismiss Defendant's Answer is legitimately based on the Defendant's failure to plead in a timely matter as required by Pa.R.C.P. 1026. 8. The averments of paragraph 8 are conclusions of law to which no response is necessary. 9. Denied. Plaintiff is merely asking that the Court dismiss the Defendant's Answer. At the time of filing the motion to dismiss, Plaintiff was in no way asking the Court to enter a judgement upon default. 10. The averments of paragraph 10 are conclusions of law to which no response is necessary. 11. Denied. without Plaintiff's Motion is not baseless, frivolous, merit or done only to annoy, harass or embarrass Defendant. ;'J!I!~nl 12. Denied. Plaintiff's Motion is not filed in response to any finding of a Fee Dispute Committee. Plaintiff's Motion is filed because of Defendant's untimely Answer. 13. Denied. Defendant is not entitled to Attorney Fees and the Action by Plaintiff and or Plaintiff's counsel is not frivolous. 14. Denied. admit or Plaintiff deny this lacks sufficient information to either averment. WHEREFORE, Plaintiff, Dissinger and Dissinger respectfully requests this Court to dismiss the Defendant's New Matter and to deny the Defendant's claims for Attorney's fees. NEW MATTER 15. Pa.R.C.P. 237.1 requires that Notice of Intent to file a praecipe for Entry of Default Judgment to be sent to Defendant. 16. Pa.R.C.P. 237.1 also provides for a ten (10) day grace period for Defendant to cure a failure .to plead in a timely matter. 17. Because defendant filed an Answer on June 7, 2000, any attempt by Plaintiff to obtain a default judgment through Pa.R.C.P. 237.1 procedures would have been futile. 18. Pa.R.C.P. 1037(b) provides that, "[t]he Prothonotary, on praecipe by the plaintiff, shall enter judgment against the defendant for failure to file within the required time a I,._.~ pleading to a complaint which contains a notice to defend . " 19. Defendant failed to file timely by waiting until June 7, 2000 to file an Answer which was due before May 17, 2000. 20. If Plaintiff requested that the Prothonotary enter a default judgment after Defendant filed on June 7, 2000, no relief would be granted because Defendant already filed an answer. 21. The Pennsylvania Rules of civil Procedure do not provide a remedy in a situation where Defendant fails to file timely but does file before a Praecipe for Entry of Default Judgment is filed by Plaintiff. 22. Thus, Plaintiff filed a Motion to Dismiss or strike Defendant's untimely Answer. 23. Allowing Defendant to Dismiss Plaintiff's Motion would, in effect, excuse Defendant from complying with the timing requirements of Pa.R.C.P. 1026. 24. Defendant should not be permitted to avoid the procedural timing requirement by using the default judgment notice provisions to give effect to his late filing. WHEREFORE, Plaintiff, Dissinger and Dissinger respectfully requests this Court to dismiss the Defendant's New Matter, deny the Defendant claims for Attorney's fees, and grant Plaintiff's Motion to Dismiss or Strike Defendant's Answer and New Matter. ,i)"''lI'' [ II Respectfully submitted, DISSINGER & DISSINGER ByJl~a~ Mary . ter Dissinger, Esquire 28 North 32nd Street Camp Hill, PA 17011 717-975-2840 "-'!]m~_~ ;-4~","j">"!llll(ll'l'f ~~~ ~ 11 i VERIFICATION I, Mary A. Etter Dissinger, verify that the statements made in the Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification. ~~...t1~ Mary A. Etter Dissinger, Esquire :)I<~~- .'_ It Ii I '. . DISSINGER & DISSINGER Attorneys at Law, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW vs. NO. 00-2275 KENNETH B. KETTERER, DEFENDANT CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, by First Class United States mail addressed as follows: Kurt A. Blake, Esquire 40 East Princess Street York PA 17403 Date: 7,/~ ,/n ~~t:FfI~ Mary A. Etter i lnger, Esquire Ii " , I KURT A. E~LAKE ATTORNEY AT LAW 40 EAST PRINCE.sS STREET YORK. PA 17403 (717) 848-3078 -'i!.,.__, " IN THE COURT OF COMMO~ PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dissinger & Dissinger Plai ntiffs No. 02275 vs. CIVIL ACTION - LAW Kenneth B. Ketterer PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please include the attached verification as part of the Defel)dant's Response to Plaintiff's New Matter in the above captioned matter. Date: ~2000 RESPECTFU L Y SUBMITTED: The La 0 ices of Kurt A. Blake BY: rt A. Blake, Esquire ~ttorney ID No. 68791 40 East Pri ncess Street York, PA 17403 (717) 848-3078 :, KURT A. E!LAKE ATTORNEY ...T LAW 40 EAST PRINCE:SS STREET YORK, 'PA 17403 (7t7\ 848.3078 ",...... Ii :1 ,[ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISSINGER & DISSINGER Attorneys at law Plaintiffs NO. 00-2275 CIVil ACTION -LAW vs. KENNETH B. KEITERER Defendant VERIFICATION I, the undersigned, hereby verify that the statements in the foregoing matter are true and correct to the best of my understanding. I understand that false statements herein are made subject to the penalties of IS Pa C.S. Section 4904, relating to Unsworn Falsifications to Authorities. DAT~.2000 BY: ". II 11 ! .. i I i I I' I I i hi Ii 1'1 Ii 1:1 Ii [I i:: Ii! I I:' Ii 11 I II 1.1 1,1 ,I Ii I,....:...... ATTORNEY AT LAW 40 EAST PRINCESS STFlEET !:I YORK, PA 17403 Iii (717) 848.3078 I' I, KURT A. BLAKE i"!iiJ.-r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DISSINGER g DISSINGER Attorneys at Law Plaintiffs NO. 00-2275 CIVIL ACTION - LAW vs. KENNETH B. KETTERER Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S NEW MATTER AND NOW. comes the Defendant. Kenneth B. Ketterer. and in response to the Plaintiff's New Matter. avers as follows: 15 - 24. The averments of paragraphs 15 through 24 are conclusions of law to which no response is deemed necessary. WHEREFORE. Defendant requests this Honorable Court to dismiss the Plaintiff's Complaint and New Matter. RESPECTFULLY SUBMITTED: The La Offices of Kurt A. Blake BY: K rt A. Blake. Esquire Attorney ID No. 68791 40 East Princess Street York. PA 17403 (717) 848-3078 . KURT A. EILAKE ATTORNEY AT LAW 40 EAST PRINCESS STREET YORK, PA 17403 (717) 848-3078 i~i1 U I ^, ',I ..- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISSINGER G DISSINGER Attorneys at law Plaintiffs NO. 00-2275 CIVIL ACTION - LAW vs. KENNETH B. KETTERER Defendant CERIIFICA IE OF SERVICE And Now, this 15- day Of~ ,2000, I, the undersigned, do hereby certify that I caused to be served the foregoing document as follows: Via United States First Class Certified and First Class Mail, Postage Prepaid: Mary A. Ettinger Dissinger, Esquire DISSINGER G DISSINGER 28 North Thirty-Second Street Camp Hill, PA 17011 BY: Ku A. Blake, Esquire Attorney ID No. 68971 The Law Offices of Kurt A. Blake 40 East Princess Street York, PA 17403 (717)848-3078 !..,tl1~ 'I DISSINGER & DISSINGER Plaintiff vs. KENNETH B. KETTERER Defendant To the Prothonotary: IN THE COURT OF COMMON PL~AS OF CUMBERLAND COUNTY OF PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2275 PRAECIPE Please withdraw Plaintiff's Motion to Dismiss or Strike Answer filed June 22, 2000. Date: 7//Y/~ cc: Kurt A. Blake, Esquire Respectfully submitted, DISSINGER & DISSINGER l >> IJ/)___ ~ Mary A:-ttte~~~~r Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 ',", TJYj'~ ~ '" . ...,.",., "I ~~ ,'.-' -<, ~_ 1 tkip1l~ llJ-'"~-!_,.,..~_".~,.,,.,.. '.j, ."" ~-' ~, 2 ":- ~f$ I:tJrr; ~:;-;, fiJi_ N~ ~\...,.I 1.8 $ ,~~IIIIm~ ,-"".---,-;~"-"~ .. .--. -.. & y, ,~ " C) J', ...,., ::i: :/;' I,;;;!] r~ ;"~~rfJ "~ji;;; c~~""fj ,.~,. r>." c.~'-frl jjj '" -- .J::- ~. '. CJ} Cl:> ..,....~~,~ ""... ."--",=,,,g~ i I I h, " ,-, ,,-~ DONALD and TINA CULPEPPER, Plaintiffs v. RICHARD MILLER, d/b/a JIM MILLER BUILDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action No. 2000-2271 Civil Term : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: DONALD AND TINA CULPEPPER, Plaintiffs --and- WILLIAM P. DOUGLAS, Esquire, their attorney You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: f1/lcJjOO SHUMAKER WILLIAMS, P.C. By ~ U-~ Anthony 1. Foschi, I.D. #55895 Melissa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, P A 171 08 (717)763-1121 Attorneys for Defendant Richard Miller, d/b/a Jim Miller Builder DONALD and TINA CULPEPPER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action No. 2000-2271 Civil Term RICHARD MILLER, d/b/a JIM MILLER BUILDER, JURY TRIAL DEMANDED Defendant ANSWER OF DEFENDANT RICHARD MILLER. d/b/a JIM MILLER BUILDER WITH NEW MATTER AND NOW COMES, Defendant, Richard Miller, d/b/a Jim Miller Builder ("Defendant"), by and through his attorneys, Shumaker Williams, P.C., to Answer the Complaint in the above- captioned matter, averring as follows: 1. Admitted. 2. Denied. The Defendant, Richard Miller, d/b/a Jim Miller Custom Builder, Inc., has a business address of P.O. Box 428, Dillsburg, York County, Pennsylvania. 3. Denied. By way of further response, the averments in paragraph 3 of the Complaint improperly summarize a written document and such document speaks for itself. 4. Denied. It is specifically denied that after the Plaintiffs moved in, they "discovered many deficiencies and requested the defendant correct the problems." To the contrary, the Plaintiffs only asked Defendant to adjust a few doors and touch up a few areas. 5. Denied. Defendant specifically denies that the list contained in paragraph 5 includes problems with the Plaintiffs' home and repairs that were requested to be made by Defendant. To the contrary, Plaintiffs never gave Defendant a written request to fix any of the repairs listed in paragraph 5 of the Complaint. In addition, the alleged repairs listed in paragraph 5 of the Complaint are not covered by the warranty. I I r., ',~ . .. ,,'~-, _ '_:"--7- '<'~O., ,. -~- .c. ,"'-- -- ,.-~ .'1"" , -- -',-<")_<;, 'C_",_~_ _~.~, _, '.' , 6. Denied. It is specifically denied that "Plaintiffs have had another contractor give them an estimate to do the repairs needed to correct the problems with the home. That estimate totaled $24,093.00." To the contrary, Plaintiffs received an estimate for a proposal to renovate their home in the amount of $24,093.00. 7. Denied. It is specifically denied that "[b ]ecause the rear sliding door in the home was leaking every time it rained, and was not removed and replaced by defendant as requested by plaintiffs, the plaintiffs had this work completed by another contractor, to avoid further damage to the home's interior. This was done at a cost of $1 ,695." After reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth of the averments . contained in paragraph 7 of the Complaint and strict proof of same is demanded at the time of trial. Count I - Breach of Contract 8. The above responses to the Complaint in paragraphs I through 7 are incorporated herein by reference. 9. Denied as a conclusion of law. The averments contained in paragraph 9 constitute conclusions oflaw which require no responsive pleading. To the extent that a responsive pleading is deemed to be required, Defendant denies the averments contained in paragraph 9 of the Complaint. 10. Denied as a conclusion oflaw. The averments contained in paragraph 10 constitute conclusions oflaw which require no responsive pleading. To the extent that a responsive pleading is deemed to be required, Defendant denies the averments contained in paragraph 10 of the Complaint. 2 !~'"','- 1-' .-"' '.-~'.,--- ~ WHEREFORE, Defendant, Richard Miller, d/b/a Jim Miller Builder, respectfully requests that this Honorable Court enter judgment in its favor, dismiss the Plaintiffs' Complaint with prejudice, and further award Defendant such other relief as is proper and just. Count II - Warranty 11. The above responses to the Complaint in paragraphs 1 through 10 are incorporated herein by reference. 12. Denied as a conclusion oflaw. The averments contained in paragraph 12 constitute conclusions oflaw which require no responsive pleading. To the extent that a responsive pleading is deemed to be required, Defendant denies the averments contained in paragraph 12 of the Complaint. 13. Denied as a conclusion oflaw. The averments contained in paragraph 13 constitute conclusions of law which require no responsive pleading. To the extent that a responsive pleading is deemed to be required, Defendant denies the averments contained in paragraph 13 of the Complaint. 14. Denied as a conclusion oflaw. The averments contained in paragraph 14 constitute conclusions oflaw which require no responsive pleading. To the extent that a responsive pleading is deemed to be required, Defendant denies the averments contained in paragraph 14 of the Complaint. WHEREFORE, Defendant, Richard Miller, d/b/a Jim Miller Builder, respectfully requests that this Honorable Court enter judgment in its favor, dismiss the Plaintiffs' Complaint with prejudice, and further award Defendant such other relief as is proper and just. I I I !~" -, 3 - - -;--<' """'-' < N,_.". "'~"',".. ~'_' __"," _~, .r -, ',. . ,~. -r,' NEW MATTER 15. The above responses to the Complaint in paragraphs I through 14 are incorporated herein by reference. 16. $184,500.00. 17. 18. 19. 20. 21. The total cost of the Construction Agreement between Plaintiffs and Defendant was Defendant did repair the drywall throughout Plaintiffs' whole house. Defendant did not warrant that it would repaint Plaintiffs' house. Defendant did not warrant that it would caulk any area in Plaintiffs' home. Plaintiffs requested Tim Taylor to complete electrical work at their house. Tim Taylor did electrical work to Plaintiffs' home, but failed to have such electrical work inspected. 22. Defendant is under no obligation to repaint Plaintiffs' entire house. 23. Defendant is under no obligation to caulk any area in Plaintiffs' house. 24. Plaintiffs did not ask Defendant to remove and replace the sliding door in their kitchen. 25. Defendant does not have a duty or obligation to complete any of the alleged repairs listed in paragraph 5 of the Complaint. 26. Plaintiff bought the tub for the master bathroom "as is." 27. Plaintiffs refused to allow Defendant to cure the alleged leaking sliding glass door. 28. The home constructed by Defendant for Plaintiffs was free of defective materials. 29. The home constructed by Defendant for Plaintiffs was free of defective workmanship. t~~~" - "'" -"-"-' 4 ,_'. .'" _, ,"_""_".:,,,_~,_ ,__',_.' ,'___1~_ ','n_ ' - " ',"C,,____ "",__":, 30. Warranty provided in Construction Agreement does not cover shrinkage or settlement problems. 31. Warranty provided in Construction Agreement does not cover land settlement. 32. Warranty provided in Construction Agreement is limited to replacement or correction of the warranted item. 33. Plaintiffs' alleged repairs, if any, were caused by actions or events outside the control of the Defendant. 34. Plaintiffs' alleged repairs, if any, were caused by Plaintiffs' own actions or inactions. 35. Plaintiffs' claims are barred by their failure to mitigate damages. 36. Plaintiffs have failed to state a cause of action against Defendant for which relief may be granted. 37. Plaintiffs' claims may be barred by the statute oflimitations. 38. If Plaintiffs establish that they suffered damages as alleged in their Complaint, which allegations are specifically denied by Defendant, said damages were not caused by Defendant. 39. Defendant is not responsible or liable for the estimated costs of$24,093.00 to make the repairs listed in paragraph 5 ofthe Complaint. 40. Defendant did not breach the contract between Plaintiffs and Defendant. 5 ~'-"7' , _, ~".-,~ ~"'_~_"~'~"'l'~_,'__-,_:_"y__,_":_" ".'0-- ,--, ~-, "._"_ _ ~, _"C"_' ",., WHEREFORE, Defendant, Richard Miller, d/b/a Jim Miller Builder, respectfully requests that this Honorable Court enter judgment in its favor, dismiss the Plaintiffs' Complaint with prejudice, and further award Defendant such other relief as is proper and just. SHUMAKER WILLIAMS, P.C. Dated: C)/ (<.{!~ By ~~ Ci~ Anthony J. Foschi, J.D. #55895 Melissa A. Swauger, J.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717)763-1121 Attorneys for Defendant Richard Miller, d/b/a Jim Miller Builder :122801 6 ,]:JI!'-' ,I.., ^ - " "f'_." ~,-""-,~ ','.." - <'.- -, , - , < ,-~" '- ,'" ~ 1 ,I I I, i I~" VERIFICATION The undersigned, Richard A. Miller, hereby verifies and states that: I. He is the CEO of Jim Miller Custom Builder, Inc.; 2. The facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information, and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. WJl1tL- Richard A. Miller Dated: q I J4/r)() <_"0__, . "~-''',~ c_. c>.- " C~::"",'1' ,:'_" _,_,,' ~_'''''_ "", O.~"_____;"._,~""-"~ f""'":- < -.,--",', - - ~-- CERTIFICATE OF SERVICE I, Melissa A. Swauger, Esquire, of the law firm of Shumaker Williams, P .C., hereby certifY that I served a true and correct copy of the foregoing Answer of Defendant Richard Miller d/b/a Jim Miller Builder on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: William P. Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 W. High Street Carlisle, PA 17013-0261 SHUMAKER WILLIAMS, P.C. Dated: '1 f {~/OV ~ By ~ D'.S1rlW'1/C Melissa A. Swauger P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 ]l ,,,~ '<.,L,"~ .. -,''0"' ~'-,-,-.-,,~ -. _~" .,-<",c ,~,_'- - ~_:"; ".,.... .. ...,.", .. .""~'.."... I.. ..,." '.~'"",V""",""<",.,,, . ',.. ,,",:;" ~,~ "I - . ~'.'....""..,"'Y1,"",' ." ,.'>" ~"~ ~ - '~,~",-,r' , P,".' .~ .,~ ,--~, ."iiiIW. ('J <::'> 0 C 0 " 5:: u) ~-t v.(l} rrt ::r ::D fTln-: '" j<1-r Z:JJ oT;:f"Tl Zr;: ,J:) :IJy ~Z .C:)(-, r-o -0 ,:::J,,;, '< C's-H ~CJ -'i>' - ",,(5 -0 r;.? om :O:c :;! ~ :.., :>:! tT> -< ,'~- , .1 ,!!!!,! WILLIAM P. DOUGLAS, ESQUIRE ATTY. I.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFFS DONALD & TINA CULPEPPER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, P A. : CIVIL ACTION - LAW : NO. 2000 - 2271 CIVIL TERM : JURY TRIAL DEMANDED v. RICHARD MILLER, d/b/ a JIM MILLER BUILDER REPLY TO NEW MATTER 15. The averments of paragraphs 1 through 14 are incorporated herein by reference thereto. 16. Admitted. 17. Admitted in part and denied in part. It is admitted that after numerous requests some drywall repairs were finally made at the home of the plaintiffs. It is denied that all drywall repairs were made. 18. Denied. The defendant warranted that it would repair the drywall, which would include repainting all the patchwork. 19. Denied as stated. While there wasn't a "specific" caulk warranty, there was an implied warranty that all work would be done in a professional and workmanlike manner, which the defendant failed to do. 20. Denied as stated. Plaintiffs do not know the name of the person from Cole's Electric who did their electrical work. It is admitted that the plaintiffs hired an electrician to put an additional electrical fixture in the garage because of repeated circuit breaker tripping. 21. Denied. The Reply to paragraph 20 is incorporated herein by reference thereto. After reasonable investigation, the defendant is without knowledge as to the truth or veracity of this averment and strict proof thereof is demanded. I I , I , I :~~~-- -"-___7 ',~." ,',__' ,,- ..,,,.,, - <. - < -,. --,- ,- ,-- . ~- - --- - ~. ,,- , 22. Denied. The Reply to paragraph 18 is incorporated herein by reference thereto. 23. Denied. The Reply to paragraph 19 is incorporated herein by reference thereto. 24. Denied. The plaintiffs asked on numerous occasions that the leaking problem with respect to the doorway be repaired, which the defendant refused to do. Therefore, plaintiffs engaged another contractor to do the necessary repairs, which entailed the removal and replacement of the kitchen sliding door. 25. Denied. The defendant has a duty to honor the terms of their contract and to do all the work in a professional and workmanlike manner, which includes all items listed in paragraph 5 of plaintiffs' complaint. 26. Denied. The Reply to paragraph 19 is incorporated herein by reference thereto. 27. Denied. Plaintiffs made numerous calls to the defendant to fix the door, but the defendant would not return her calls, at which point, to mitigate any further damage to their home, the plaintiffs hired another contractor to do the work. 28. - 29. Denied. The home constructed by the defendant had numerous defects, which may include both material and/ or workmanship. 30. - 32. Denied as stated. The contract in question speaks for itself. In addition, there are implied warranties, which apply in this matter. 33. Denied as a legal conclusion to which no response is necessary. 34. Denied. The allegation is unintelligible and plaintiffs are unable to respond to it. 35. Denied as a legal conclusion to which no response is necessary. 36. Denied as a legal conclusion to which no response is necessary. 37. Denied as a legal conclusion to which no response is necessary. 38. Denied as a legal conclusion to which no response is necessary. 39. Denied. The defendant is responsible for all costs necessary to correct the items listed in paragraph 5 of plaintiffs' Complaint. I ,I I~ I -, " .~ - ."",,,,' . - _.,~:-~,--~-:, - -~ - - , . 40. Denied as a legal conclusion to which no response is necessary. WHEREFORE, it is prayed that the New Matter of the defendant be dismissed. DOUGLAS, DOUGLAS & DOUGLAS ~q. By William P. Douglas, Esquire Attorney for Plaintiffs ,;~~- " _'C__,," . __""" d"" '_ '--'-!- > . . ~ , , . , . . . Affidavit I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.S 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~ tJ. ~1;~ Date: r... - -Z '7.-- ~7,.o:.}i) "~!""""'I!" - " . .e,_,' _ ,~ __'._~ --, ~--~ ."-". -,' '- -~" --- iilll'" vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2275 DISSINGER & DISSINGER, Plaintiff KENNETH B. KETIERER, Defendant : CIVIL ACTION - LAW _,~ ORDER AND NOW, thi~daY'Of October, 2000, it is hereby ORDERED and DECREED that the appointment of Karl E. Rominger, Esquire, as an arbitrator in the captioned case is hereby VACATED, and John 1. Baranski, Esquire is hereby APPOINTED to sit as a substitute arbitrator for Karl E. Rominger, Esquire at the arbitration hearing scheduled for Monday, October 30, 2000 at 1:00 at the office of Saidis, Shuff, Flower & Lindsay, 2109 Market Street, Camp Hill, Pennsylvania. BY THE COURT: cc: Karl E. Rominger 50 East High Street Carlisle, PA 17013 ,J. t~-r\o.U It) - 2.5-00 RX5 Mary Kollas Kennedy 1104 Femwood Avenue Camp Hill, PA 17011 Mary A. Etter Dissinger Dissinger & Dissinger 28 North Thirty-second Street Camp Hill, PA 17011 Kurt A. Blake, Esquire 40 East Princess Street York, PA 17403 John 1. Baranski 35 East High Street Carlisle, PA 17013 :i,--_ - -" - ,~ '",.,v ~, " """,.",_._ . ^ ~ 1 ,'C' ~~".,' ,. " , V1NV!CASNN3d \10.1f!ln......i r:~,'..-;lt..:-;rll,\!r.i/'\ l 1\ ,\_.", ,_ - "-.' ," :-.':'.~!'\I '\J i u :11 Ab\lG .,. ..,.. . ~ j . \JC .L:JU !'_i ,-~ _'_'\"'l",\"'"..f'l !lIIPffiI!1I!~,.-\,.- _~llJ~, ~"7"~' ___ " ",,"!,,,,Jf!!!IJ,,~ ~_~<,_"~ , --t' - ,~~' DONALD and TINA CULPEPPER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action No. 2000-2271 Civil Term RICHARD MILLER, d/b/a JIM MILLER BUILDER, : JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY AND WITHDRAWAL OF APPEARANCE TO: Prothonotary PLEASE enter the appearance of the undersigned on behalf of Defendant Richard Miller, d/b/a Jim Miller Builder, in the above-captioned action. LATSHA, DAVIS & YOHE Dated: l\lIc..10~ By (''PI,. ..7 Q:Jo Glenn R. Davis, I.D. #31040 4720 Old Gettysburg Road Mechanicsburg, PA 17055 (717) 761-1880 PLEASE withdraw the appearance of the undersigned on behalf of Defendant Richard Miller, d/b/a Jim Miller Builder in the above-captioned action. Dated: (f (eo / 0 0 By SHUMAKER WILLIAMS, P.C. ~Q~~ Anthony J. Foschi, I.D. #55895 MelissaA. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, P A 171 08 (717)763-1121 :124635 !l!l __..Co' .,_" n,'" _ '<'''_,,,~ ",_',' ,,,_,,~_,,",,,_,__, _,,,,,_,,,,_"_.=~ . ._ _ " ,- "-~r' . -'3:-,~,_~_'__~ .'_' "'^/- ( CERTIFICATE OF SERVICE The undersigned, an employee of Latsha Davis & Y ohe, P.e., hereby certifies that on this date a true and correct copy of the foregoing Praecipe for Entry and Withdrawal of Appearance was served by first-class United States mail, postage prepaid, upon the following: William P. Douglas, Esq. Douglas, Douglas & Douglas 27 West High Street P. O. Box 262 Carlisle, P A 17013 Dated: it h 10 0 , ( ~~ Helen Samuels Legal Secretary 61380.1 '-~;i~ ~ - ~ ~~ - '1 vr__.,.<_. ,,-,.,.-."~ .'." -. .", 1III!I!II!If'R!I,==~ ~_~i!ll!!"=~_~'!'"...,..1 " ,_. .., .- (") CJ ~=) C CJ :S..... ~. ,"~.... -oc ~ m6~ 2::l) ."- -- ZS:: I Q ~~i '..D I~.l )>'~" ., ,-+i Z""..' /C~ -0 f'0 ;) rn )>C Z ,,-1 :J c> :::! :0 {JI -< ~lI!IIIf!!l..."..."~ ,~_ r~~~1'Jl!\N~"l1l'<1Hll\!>IIi!l,"r"fr""",,,,,",,,..~...''IlJllllil!ll!~a_ '-, , , .~PF 'f?" PISSlIJ6Efl. ~ OIS;/iVb6/l- .L~+lar~ d- ~, Pla(f1fil! In The Court of Common Pleas of kCN/1/[rf/ 'is. ktrrE,fe(2.., f)L~~ ) ) 1 ) ) ) ) Cumberland Councy. Pennsylvania 6b--z..'-t~ C."VI!7<'r#-o )10.. 19 OATH u We do solemnly swear (or affirm) thac we will support, obey and defend the ConstiCucion of the United States and the Consti:ution of this Common- '"ealth and that we will discharge the ducies J AWARD lire. the undersigned arbitrators. having been duly appointed and sworn (or aHimed), make che following award: (Note: If damages for delay are awar~ed. they shall be separately stated.) ;::;~ /LI+IAl11f'~ tvnc! ~ftll~d jJ()fbhAJ} It.. ~ t/h11d~ djlltjotJ.oD . Arbitrator, dissents. (Inserc name i= applic:able. ) Dace of Hearing: /1/2.-I/OD Date elf Award: n /:1.-1 /Od r/o NOTICE OF ENTItY OF AWARD New, the 6!!::' day of ~ ' .. ~ &C/o:::/5", ,q .'a.. the above award was encered upon the doc!cet and notice ~ecf given bYma~l to che llarti.ls or t;"ei: attorneva. By: ~ K. f~.t('. ~.' ..... rOhonocary Q-~ . 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