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HomeMy WebLinkAbout00-03603 'I ~ .- ~ -: ',"-- - ^ ''''.'' --},"~ " .' _, :-,,, -i~,,,,_-..,;_-,:i{."-'--'-- , .~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DAVID P. PERKINS AND JERRY A. WEIGLE t/dlb/a WEIGLE, PERKINS & ASSOCIATES, Plaintiffs, CIVIL ACTION - LAW NO. !LQOO - 3(003 vs. CRISTON P. PETSINIS, PANAGIOTIS C. PETSINIS a.k.a. Pete C. Petsinis and V ASILIKI PETSINIS, Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 'EAST KING STREET - SHIPPENSBURG. PA 17257-1397 " .~ - - m.,," ",..:... _ '_, _' _ ._' ","_" _. ~h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DAVID P. PERKINS AND JERRY A. WEIGLE t/dlb/a WEIGLE, PERKINS & ASSOCIATES, Plaintiffs, CIVIL ACTION - LAW NO. 00- 3(,63 &:n:t ~ vs. CRISTON P. PETSINIS, PANAGIOTIS C. PETSINIS a.k.a. Pete C. Petsinis and V ASILIKI PETSINIS, Defendants. COMPLAINT 1. Plaintiffs are David P. Perkins and Jerry A. Weigle tldlb/a WEIGLE, PERKINS & ASSOCIATES, a law firm and partnership, organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 126 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendants, Criston P. Petsinis, Panagiotis also known as "Pete" Petsinis, and Vasiliki Petsinis, are individuals and citizens of the Commonwealth of Pennsylvania with a last known residence at 5872 Molly Pitcher Highway, Shippensburg, Franklin County, Pennsylvania, 3. Plaintiffs have represented Defendants, Panagiotis aIkIa "Pete" Petsinis and Vasiliki Petsinis since approximately 1974 in various legal matters including the purchase of the restaurant business known as "The Rustic Inn", 4. Throughout the course of representation Defendants agreed to pay Plaintiffs their customary and usual hourly rate for the services rendered plus all costs incurred on hislher behalf in connection with the services rendered, 5. On May 18, 1995, plaintiffs entered into an agreement with defendant, Criston P. Petsinis, whereby plaintiffs agreed to provide legal services to defendants, Panagiotis C. Petsinis, Vasiliki Petsinis and Criston P. Petsinis and defendant, Criston p, Petsinis agreed to pay plaintiffs their customary and usual hourly rate for the services rendered plus all costs incurred on his behalf in connection with the services rendered. A true and correct copy of the fee letter is attached hereto and incorporated herein as Exhibit "N'. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 -'"' ,-,- . .,'. -,~, - "0_ ~ , ~, 6. During the course of Plaintiffs' legal representation of Defendants, Plaintiffs maintained books of account for the services that it rendered and the costs that it incurred on Defendants' behalf, which accounts are an accurate and running account of all debits and credits for the provision of such services and incurrence of such costs. 7. Periodically invoices were mailed to Defendants setting forth the services which had been rendered by Plaintiffs on Defendant's behalf during the previous months, the reasonable value being charged for the services, payments made by Defendants, and any outstanding balance due on services rendered prior to that time. 8. During the course of Plaintiffs' representation of Defendants, Defendants made periodic payments on the outstanding balance of their account, 9, On or about May 18, 1995, Plaintiffs rendered an accounting to Defendants in the amount of Eleven Thousand Two Dollars and Fifty Cents ($11,002.50) setting forth all amounts owed by Defendants to Plaintiffs for services rendered as of February 1995. A true and attested copy of the account sent to Defendants is attached hereto and incorporated herein as Exhibit "B", 10. On or about October 7, 1996, Plaintiffs rendered an accounting to Defendants in the amount of Fourteen Thousand Seven Hundred Sixty Two Dollars and Fifty Cents ($14,762.50) setting forth all amounts owed by Defendants to Plaintiffs for services rendered as of October 7, 1996. A true and attested copy of the account sent to Defendants is attached hereto and incorporated herein as Exhibit "c", 11. On or about February 18, 1997, Plaintiffs rendered the last of numerous written accounts to Defendants in the amount of Fourteen Thousand Nine Hundred Twelve Dollars and Fifty Cents ($14,912.50). A true and correct copy of the accounting sent to defendants is attached to and incorporated into this complaint as Exhibit "D". 12. Although Plaintiffs have at various times, both orally and in writing, demanded payment of the balance due of Fourteen Thousand Nine Hundred Twelve Dollars and Fifty Cents ($14,912.50), Defendants have failed to pay all or any part of the balance due to Plaintiffs. A true and correct copy of a letter dated June 21, 1999 is attached hereto and incorporated into this complaint as Exhibit "E". 13. Plaintiffs performed their obligations under the agreement between Plaintiffs and Defendants by providing valuable legal services to defendants and incurring costs on their behalf, the fair and reasonable value remaining unpaid of which is $14,912.50. 14. Plaintiffs have performed their services for Defendants fully and satisfactorily, and conformed to, and complied with all of the terms and conditions required of them under oral and written agreements between them and defendants. WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SH1PPENSBURG. PA 17257~1397 " ."'" -,,;;, -'-:.-'" " ",-'~- "'""- .~" 15. Despite Defendants' obligations to pay Plaintiffs for the services performed and costs incurred on their behalf, and despite Plaintiffs' demands on Defendants for such payment, Defendants have wrongfully failed and refused to pay to Plaintiffs the sums due it. 16. Derendants have had an opportunity to scrutinize the accounts. 17, accounts. Defendants have agreed to or acquiesced in the correctness of the 18. Defendants have never questioned or objected either specifically or generally to the numerous accounts rendered, WHEREFORE, Plaintiffs, David P. Perkins and Jerry A. Weigle t/d/b/a WEIGLE, PERKINS & ASSOCIATES, demand judgment against Defendants in the amount of Fourteen Thousand Nine Hundred Twelve Dollars and Fifty Cents ($14,912.50) together with interest at the legal rate of six percent (6%) from February 18, 1997, costs and any other relief this court deems appropriate. WEIGLE, PERKINS & ASSOCIATES BY~aM G' ()~ David p, Perkins, Esquire Attorney for Plaintiffs Attorney LD, #34342 126 East King Street Shippensburg, P A 17257 717-532-7388 VERIFICATION I verifY that the statements made in the foregoing 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 to authorities. Dated: r;/1/r1J , G~ WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSElURG, PA 17257-1397 " ~ ,-"""l111 ~ fi t-- .- '. ~iljm;! , ' MARK, WEIGLE AND PERKINS Attorneys-at-Law WILLIAM R. MARK (1912-1980) JERRY A. WEIGLE DA VIP P. PERKINS 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 DA VIP C. SCHANBACHER Associate JOSEPH p, RUANE Associate TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-6552 THOMAS L. BRiGHT Of Counsel May 18, 1995 Criston P. Petsinis 5872 Molly Pitcher Highway Shippensburg, P A 17257 Dear Mr. Petsinis: We are pleased that you have asked our firm to represent you with regard to your negotiation and purchase of the Rustic Inn Restaurant. This letter sets forth the understanding concerning our representation of you. Our representation shall become effective upon our receipt of the retainer fee and a countersigned copy of this letter. 1. You hereby agree to pay our firm a retainer fee of $1 ,000.00 for the pwpose of assuring our availability in your matter. Your retainer fee will include the initial consultation, and the balance will be credited to your account for services to be performed in the future. 2, We feel that the most equitable basis for our fee is to determine how much time is spent on your matter. It is impossible to determine in advance the amount of time that will be needed to complete your case. Our billing is based on an hourly rate of$90.00 per hour, This hourly rate will prevail until December 31, 1995; after which, due to rising costs and overhead expenses, the hourly rate will be subject to increase in accordance with the then-existing hourly rate schedule, We will bill you monthly on a time-expended basis. Although we do send itemized bills as a matter of course, we also maintain in our office records oftime used for conferences, telephone calls, drafting documents, research, court time, and, if necessary travel time. These records will be available to you upon request. Fractions of hours are computed in periods of not less than one-quarter (114) of an hour, and the interruption of other work is taken into consideration, If some of the work on your case can be done by a paralegal assistant or by a law clerk whose hourly time rat~s are substantially lower than mine, to the extent that their time is utilized, the overall fee will be lower. You will not be billed for clerical or secretarial time. 3. We expect you to keep current with our billings, In the event there is an unpaid balance after 30 days, each subsequent billing will include an additional billing charge of $1 0.00 which you agree to pay in order to cover our time and additional costs in handling your account. We reserve the right to terminate our attorney-client relationship for non-payment of fees or costs, All bills are due and payabli: upon receipt. Exhibit "A" , --,-"""" ~ ~ .., i J.. .. Petsinis May 17, 1995 Page 2 4, In addition to attorney's fees, you are responsible for payment of costs associated with this matter. Costs are our out-of-pocket expenses, such as filing fees, transcripts, photocopies, long distance telephone calls, and, if necessary appraisals and accounting fees, Costs will be billed on a monthly basis. 5. Frequently, courts will send documents directly to you, as a party to the litigation, and they will not send copies to us, as your attorney of record. For this reason it is very important that you forward to us any documents, papers, or correspondence which have been sent directly to you from the court or from any other source which may have any bearing on this matter. In short, do not assume that we have received these items. 6. We shall keep you well informed as to the progress of your case. We shall send you copies of all papers coming in and going out of our offices, including correspondence, pleads, and other court documents. If I am unavailable when you telephone, your call shall be returned with reasonable promptness. There will be times when I will be in court, or at meetings, or in conferences, which will preclude me from returning your calls as quickly as we both might like, but I shall do my best to return your telephone calls as soon as I can. 7. I have enclosed a copy of this letter for you to retain for your records so that we will have a mutual memorandum of our understanding. Naturally, we cannot predict the outcome of your matter; we will however, expend our best efforts on your behalf. Sincerely, MARK, WEIGLE AND PERKINS Q) u: ~ David p, Perkins DPP:ksr Enclosure ACCEPTED this \'t day of ,,() Cfr I'fo...y ,19_. ~--~ ~S'ton P. P. i WILLIAM R. MARK (1912-1980) JERRY A, WEIGLE DAVID P. PERKINS MARK, WEIGLE AND PERKINS Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYL VANIA 17257-1397 DAVID C. SCHANBACHER Associate JOSEPH P. RUANE Associate TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-6552 THOMAS L. BRIGHT Of Counsel May 18, 1995 Mr, Criston P. Petsinis 5872 Molly Pitcher Highway Shippensburg, P A 17257 FOR PROFESSIONAL SERVICES RENDERED: Representation from June 1994 to February 1995 relative to purchase of Rustic Inn including correspondence, telephone calls, preparation of documents and negotiations all involving 1221/4 hours of professional time: $11,002.50 BALANCE DUE AND OWING: $111>02.50 FILE PlEASE MAKE CHECKS PAY ABLE TO "MARK, WEIGLE AND PERKINS" w A billing fee of ten dollars per monthly statement will be charged after 30 days,... Exhibit liB" l..stt, ';~,~,. ' 'i r ,:' :t..:, W-ILLIAMR. MARK (1912-1980) '. \. JERRY A. WEIGLE " DAVIDP,PERKINS FIL~E Associates DAVID C. SCHANBACHER JOSEPHP, RUANE MARK, WEIGLE AND PERKINS Attorneys-aI-Law 126 EAST KING STREET SHlPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 OR (717) 776-4295 FAX (717) 532-6552 October 7, 1996 Mr. Criston P. Petsinis Mr, Panagiotis "Pete" C. Petsinis Mrs. Vasiliki Petsinis 5872 Molly Pitcher Highway Shippensburg, PA 17257 For Professional Services Rendered: Hours Amount 5/4/95 Telephone call to Pete, Ebe Co. 0.25 22,50 5/17/95 Telephone call Trisha Lacey and meeting with Pete, 1.00 90,00 5/18/95 Telephone call to Kevin Noonan's office; conference with 0,75 67.50 client. Office conference with Cris regarding purchase and go over 1.50 135,00 fee letter and bills; request creditor information. 5/30/95 Trip to Rustic Inn, telephone call with Pete and Joe Brown; 1.50 135,00 review numbers, Telephone call from George; Telephone call to Pete. 0,50 45,00 Telephone call to IRS; conference with Pete; conference with 1.00 90.00 Joe Brown. Exhibit "e" , ,- .-~: . ' . , Mr. Criston P. petsinis Page 2 Hours Amount 5/31/95 Telephone call with Joe and telephone call with Pete. 0,50 45,00 Telephone call with Lacey; lOam appointment with Ric Telephone call from Pete. 0.25 22,50 6/2/95 Telephone call Cris; letter to Attorney Bruce Desfor 0.25 22.50 6/5/95 Short meeting with Pete, 0.25 22.50 6/7/95 Miscellaneous telephone calls and conferences. 0.50 45.00 6/8/95 Meeting with Pete; telephone call to tax claim bureau; 3,50 315,00 prepare a document Noontime conference and preparation of current debt; calls to 1.00 90.00 Joe Brown and Borough of Shippensburg. 6/9/95 Telephone call with Mrs. Gutshall at Penelec. 0.50 45.00 Telephone call with Pete. 0,25 22,50 6113/95 Telephone call to Pete and Conference with Joe Brown. 0.50 45,00 6/29/95 Telephone call with client regarding who owns equipment 0.50 45,00 7/10/95 Meeting with client and Attorney Weigle at Rustic Inn 1.00 90.00 regarding options for Ric to buy Mortgage Telephone call with Kevin Noonan 0,25 22,50 Meeting with Cris and Pete regarding strategy 1.00 90.00 Telephone call with Kim Noonon 0.25 22.50 .- - -- ~ ~~ ~ ~" ~" .. " .iBi: tiu . ' . . Mr. Criston P. Petsinis Page 3 Hours Amount 7/10/95 Office conference at Rustic Inn - Cris, Pete, Jerry and David 1.00 90.00 Perkins - options for Ric to buy mortgage 7/11195 Telephone calls with Pete - further discussion of options 0,50 45,00 7/12/95 Telephone calls with Pete and Cris; call to Jeff Coy 1.00 90.00 Jerry Weigle-RE: Rustic Inn 0.50 45.00 7/13/95 Returned telephone call to Jeff Coy 0,50 45.00 Several phone calls with Jeff Coy; call to Pete - LCB license 0,50 45.00 7/17/95 Telephone call with Pete; afternoon with Pete and JAW at 2,00 180,00 Rustic Inn, Conference with Pete. 2.00 180.00 Internal office conference - discussion of Petsinis option, 1.50 135,00 Draft of proposal to George Shoemaker. 0,50 45,00 7/18/95 Meeting with Jerry Weigle reviewed proposal to George 1.25 112,50 Showmaker. Office conference with Pete and Cris; completion of G. 1.00 90.00 Shoemaker proposal. 7/26/95 Telephone call with Kevin - Re: George Shoemaker 0,25 22.50 8/8/95 Conference and call 8-7-95, 8-8-95 regarding licence termits 0.50 45.00 application 8/29/95 Met with Pete; telephone call to Cris; revise creditors list to 0.50 45,00 fax to Kevin Noonan " ,- '--. ,,' ~~ Mr. Criston P. Petsinis Page 4 Hours Amount 8/31/95 Calls and review 8-30; preparation of correspondence to CCB 0,75 67.50 regarding licence; call to Pete 9/8/95 Lengthy telephone call with Tricia Lacy regarding Dauphin 0.50 45.00 Deposit foreclosure 9113/95 Meeting with Pete and Cris at Rustic Inn and waiting for 0.50 45,00 telephone call from Kevin Noonan. 9/25/95 Lenghy meeting with Pete at Rustic Inn regarding Shoemaker 1.25 112,50 wanting additional money. Conference with Pete at Rustic Inn regarding stradegy. 0,50 45.00 1/31/96 Meeting at Rustic Inn with Cris and Pete. Telephone call 5,50 550,00 George Shoemaker. Telephone call Attorney Gary Imblum, redraft agreement of sale. Telephone Cumberland County Tax Claim Bureau, 211/96 Two telephone calls to Gary Imblum. Revise agreement, 1.00 100,00 telephone call to Pete Petsinis, 2/5/96 Telephone call with Pete Petsinis and telephone call with 0,25 25.00 Attorney Gary Imblum. 2/6/96 Telephone calls with Attorney Gary Imblum - meeting with 3,00 300.00 Cris Petsinis - revise agreement 217196 Telephone call with Janet Forrester at Mellon Bank - 2,00 200.00 telephone calls with Gary Imblum - revise agreement - telephone call with Cris Petsinis and Pete Petsinis 2/9/96 Meeting with Cris Petsinis - telephone call to Attorney Gary 0,50 50.00 Imblum ,. ,', f.' ... . , ".' Mr. Criston P. Petsinis Page 5 Hours Amount 2/13/96 Telephone call regarding agreement of sale, 0.25 25,00 2/23/96 Telephone call to Paul Crow IRS--telephone call 1.50 150,00 Philadelphia--meeting with Pete and Cris at Rustic Inn, Meeting with Cris and Pete at Rustic Inn. 1.00 100.00 3/8/96 Returned call to George Shoemaker. Conference at Rustic 1.25 125.00 Inn; call to Attorney Imblum. 3/11/96 Call to Pete--still no origianl agreement of sale, 0.25 25.00 For professional services rendered 50.50 $4,710.00 Additional charges: 5/18/95 Balance due as per statement dated May 18, 1995 11,002,50 Total costs $11,002,50 Total amount of this bill $15,712,50 6/8/95 7/10/95 10/12/95 7/1/96 Credit - Professional adjustment as per Jerry A. Weigle Credit - Professional adjustment as per Jerry A. Weigle Credit - Professional adjustment as per Jerry A. Weigle Credit - Professional adjustment as per Jerry A. Weigle ($200,00) ($300,00) ($250.00) ($200.00) Total payments ($950.00) Balance due $14,762.50 '""""~ -, - " "" -, '''_'''' .c....,'.;_ .' ~ .... JI,. , Mr. Criston P. Petsinis Page PAYMENT IS DUE UPON RECEIPT OF THIS BILL. PLEASE MAKE CHECK PAYABLE TO "MARK, WEIGLE AND PERKINS". A billing fee often dollars ($10.00) per monthly statement will be charged after thirty (30) days. 6 ': ~" ~lIlt'~ -~~lli", WILLIAMR. MARK (1912-1980) JERRY A. WEIGLE DAVID P. PERKINS Associates F DAVID C. SCHANBACHER JOSEPH P. RUANE \ LE MARK, WEIGLE AND PERKINS Attorneys-af-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 OR (717) 776-4295 FAX (717) 532-6552 February 18, 1997 Mr, Criston p, Petsinis Mr, Panagiotis "Pete" C. Petsinis Mrs. Vasiliki Petsinis 5872 Molly Pitcher Highway Shippensburg, P A 17257 For Professional Services Rendered: Hours Amount 10/28/96 Jerry Weigle and David Perkins office consultation with Pete Petsinis regarding upcoming Sheriff's sale. 0,50 50,00 12/13/96 Calls with Pete and Cris regarding reacquisition of Rustic Inn, Summary of time, 1.00 100,00 For professional services rendered 1.50 $150.00 Balance as per prior Statement $14,762,50 Balance due $14,912,50 PAYMENT IS DUE UPON RECEIPT OF TIllS BILL. PLEASE MAKE CHECK PAYABLE TO "MARK, WEIGLE AND PERKINS", A billing fee often dollars ($10,00) per monthly statement will be charged after thirty (30) days, Exhibit IIn" , ~ . , . . -;1 '60u '7 l MARK, WEIGLE AND PERKINS Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257.1397 TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-6552 WILLIAM R. MARK (1912-1980) JERRY A. WEIGLE DAVID P. PERKINS Associate JOSEPH P. RUANE 21 June, 1999 Mr. Pete Petsinis 5872 Molly Pitcher Highway Shippensburg,PJ\ 17257 Mr, Criston Petsinis 5872 Molly Pitcher Highway Shippensburg, P J\ 17257 F I L E Dear Pete and Cris: It has been months now since we have talked concerning your purchase of a restaurant in the Gettysburg area. Every time I contact you, you are working on it and something will be happening soon. We need to know now what is going on and what involvement this firm will have in that transaction, I have also noted that there has been no movement toward payment for any portion of our billing for services rendered for the now defunct Rustic Inn. Kindly set up a meeting convenient to you here in our offices on one of the dates listed below: June 25, 1999 June 28, 1999 June 29, 1999 June 30, 1999 The matter of our bill must be addressed immediately, If no amicable payment plan arrangement can be established, you give us no alternative but to file suit which we will begin, albeit reluctantly. Very truly yours, MARK. WEIGLE AND PERKINS Jerry A. Weigle JA W:egf Exhibit "E" . ~~~"~... ,- ~. L SHERIFF'S RETURN - REGULAR . ~ CASE NO: 2000-03603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKINS DAVID P ET AL VS PETSINIS CRISTON P ET AL WILLIAM DIEHL , .n" , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE PETSINIS CRISTON P was served upon the , 2000 DEFENDANT , at 0019:50 HOURS, on the 20th day of June at VICKIE'S FAMILY RESTAURANT 502 B N. BALTIMORE AVE MT HOLLY SPRINGS, PA 17065 by handing to PANAGIOTIS C. PETSINIS (FATHER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31.72 Sworn and Subscribed to before 0..- me this 1 - day of q'Q ___ A.D. 'dt' ,0 n.<(}i.. ,~, honotary I S?~~J~~f R. Thomas Kline 06/21/2000 WEIGLE, PERKINS & ASSOCIATES By: .~ Eeput if --- CASE NO: 2000-03603 P SHERIFF'S RETURN - REGULAR '.- ~ , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKINS DAVID P ET AL VS PETSINIS CRISTON P ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PETSINIS PANAGIOITIS C A/K/A PETSINIS PETE C the DEFENDANT , 2000 , at 0019:50 HOURS, on the 20th day of June at VICKIE'S FAMILY RESTAURANT MT. HOLLY SPRINGS, PA 17065 PANAGIOTIS C. PETSINIS 502 B N. BALTIMORE AVE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this 7 ~ day of 04,07;urvo A.D. ~D_IJ,.(oP',,# P 0 honotary I So ?~~t R. Thomas Kline 06/21/2000 WEIGLE, PERKINS & ASSOCIATES By: D~V~fd~ ~ ~ , fu" SHERIFF'S RETURN - REGULAR 1 CASE NO: 2000-03603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKINS DAVID P ET AL VS PETSINIS CRISTON P ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PETSINIS VASILIKI the DEFENDANT , at 0019:50 HOURS, on the 20th day of June , 2000 at VICKIE'S FAMILY RESTAURANT 502 B N. BALTIMORE AVE MT. HOLLY SPRINGS, PA 17065 by handing to PANAGIOTIS C. PETSINIS (HUSBAND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavi t surcharge 6.00 .00 .00 10.00 .00 16.00 so;;~~~, R. Thomas Kline 06/21/2000 WEIGLE, PERKINS & ASSOCIATES Sworn and Subscribed to before me thiS?!!:: day of ~ QL.uv-U A,D. ~c. ')n-,tJP:.n<'~ r thonotary /-,/' By: 9j) Deputy Sher' '. - SHERIFF'S RETURN - REGULAR CASE NO: 2000-03606 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURSH KIM VS HURSH HOWARD KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon HURSH HOWARD the DEFENDANT , at 0019:30 HOURS, on the 14th day of June , 2000 at AMERICAN LEGION CORNER OF MAIN & YORK STREETS MECHANICSBURG, PA 17055 by handing to HOWARD HURSH a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So ;::~~ R. Thomas Kline 06/15/2000 me Sworn and Subscribed to before By: this 7 c;W. day of ~.2AnrO A.D. na.~uri ~notary I '" - J~-- ~ Iii DAVID P. PERKINS AND JERRY A. WEIGLE tldlb/a WEIGLE, PERKINS & ASSOCIATES, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : CIVIL ACTION - LAW CRISTON P. PETSINIS, PANAGIOTIS C. PETSINIS a.k.a. Pete C. Petsinis and V ASILIKI PETSINIS, : NO. 2000-3603 Defendants AND NOW come Defendants and file this Answer and New Matter through their attorney John H. Broujos of Broujos & Gilroy, PC. DEFENDANTS' ANSWER TO COMPLAINT AND NEW MATTER 1. Admitted 2. Admitted. 3. Admitted that Plaintiffs have represented Defendants at times. Denied as to any specific time set forth or that representation has been continuous. 4. Denied. On the contrary, no such agreement was entered into. Denied also because this paragraph lacks specificity, such as to the date any agreement was entered into and whether in a verbal or written form. 5. Admitted that Plaintiffs entered into art agreement with Criston P. Petsinis. However, the agreement was prospective for future services and did not cover prior services, in violation of the practice in the profession of entering into a retainer agreement between attorney and client. Denied that the agreement provides that legal services will be provided for Panagiotis and Vasiliki. The agreement in Exhibit A was for services to Criston P. Petsinis only. 6. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. h . ,~ , ... "-~,- . . 7. Denied. On the contrary, invoices were not received by Defendants setting forth the services and costs and payments and balances. Proof is demanded. 8. Admitted, without admitting the balances were as averred herein. 9. Denied that on May 18, 1995 Defendants received or were obligated in an accounting to Plaintiffs in the amount stated. Admitted only that Defendant Criston P. Petsinis signed Exhibit A but did not receive a copy thereof. Denied that the statement in Exhibit B was sent to or received by Defendant Criston P. Petsinis. Denied that such bill was ever given to any other of the partners. 10. Denied that a bill was sent to all three or any Defendants on October 7, 1996 for the amount stated. Denied that the amounts were owed. Defendants did not receive the bill as dated and stated. II. Denied. Defendants know only that they did not receive such an account. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. 12. Admitted that at one time, approximately a year and a half ago, Plaintiffs made some reference to a balance due, at which point Defendant Panagiotis asked him what he was talking about and Plaintiff Weigle said, "Don't worry about it; we'll talk later about it." Thereafter nothing else was said or claimed of a bill of the enormity set forth in the pleadings of Plaintiffs. Denied that Plaintiffs demanded payment of any balance, implied in the averment in paragraph 12. Plaintiffs failed to allege that such a letter was sent to the Defendants. Denied that any balance was due to Plaintiffs. 13. Denied that there was any agreement, verbal or written, except the agreement with Defendant Criston, between Plaintiffs and Defendants for providing vital legal services. Under PaRCP 1019 (h), Plaintiffs are required to plead whether there has been a claim based upon a writing, which in turn must be attached to the Complaint. Plaintiffs have failed to make a ,. ~ ' '" w ^ ~~ ~ me . distinction between oral and written agreements; Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. 14. Denied that Plaintiffs had performed full and satisfactory services to Defendants. 15. Denied that Defendants have wrongfully failed and refused to pay Plaintiffs sums due to Plaintiffs because they deny that any sums claimed are in fact due to the Plaintiffs and that services as alleged were performed. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. 16. Denied. On the contrary, Defendants have not had an opportunity or been offered an opportunity to scrutinize the accounts of the Plaintiffs. 17. Denied. On the contrary, Defendants have not agreed to or acquiesced in the correctness of the accounts. 18. Defendants at no time have received "numerous accounts"; so that they had nothing to question or object to specifically or generally. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments. NEW MATTER 19. Statute of limitations. The statute of limitations has run on any claims averred for the period over four years prior to the date of filing, June 14, 2000, being June 13, 1996. 20. Failure of Consideration. Plaintiffs failed to perform the services alleged in the complaint or failed to perform the services properly and in accordance with reasonable legal custom and practice and specifically in the exhibits improperly set forth times in excess of the fair and reasonable time necessary for the performance ofthe services; services are alleged that never took place; services are alleged for events that had already been resolved by bankruptcy or other legal action; and otherwise failed to perform services. , '" ~ " Uii':L i!1/, -,~ 21. Ru1e of Conduct. Except for the agreement averred in paragraph 5 between Plaintiffs and Defendant Criston dated May 18, 1995, which was defective in that it did not list the specific subject matter of the services, no agreement for services was entered into between Plaintiffs and Defendants Panagiotis and Vasiliki Petsinis, in accordance with Ru1es of Professional Conduct 1.5 (b). WHEREFORE, Defendants deny any obligation to Plaintiffs in any amount and ask the Court to dismiss the claim. July 19, 2000 By: "I roujos, Esquire #0626 Attorn for Defendants 4 N. Hanover Street Carlisle, PA 17013 717243 4574 Fax 243 8227 ~~ DAVID P. PERKINS AND JERRY A. WEIGLE tJd/b/a WEIGLE, PERKINS & ASSOCIATES, Plaintiffs vs. CRISTON P. PETSINIS, PANAGIOTIS C. PETSINIS a.k.a. Pete C. Petsinis and V ASILIKI PETSINIS, Defendants ~~ ~~ ,~" ~o.,-",~J . : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-3603 CERTIFICATE OF SERVICE I, John H. Broujos, Esquire, hereby certify that I have served a true and correct copy of the foregoing Defendants' Answer to Complaint and New Matter on the following person and at the following address by United States, First Class Mail, on July 19,2000 to: David P. Perkins, Esquire Weigle, Perkins & Associates 126 E. King Street Shippensburg,PA 17257-1397 July 19,2000 Jo H. Broujos A omey for Defendants BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 (717) 243-4574 (717) 243-8227-F AX ,~ - - ._~ 'if~. I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ;2~ ~ Date: July 19, 2000 I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 19,2000 e?A1l-- ~ \ V' &. Pcle C. PetslUls I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating'to unsworn falsification to authorities. . Date: July 19,2000 unll-//(I PL:K$/cM'r Vasiliki Petsinis ,:" ;~-' . 'u, - ~.~ )IIUrsn ~~'M ~~At~lIiiu::m- "_~~__'~4'_."'~ ",,'~_ ~ o ~i~~ ~~.~ G~')< J' r';' .- i8 z --' -:. ~ -, ., :1 1',1 'I 1 Iii I~ I 'Ii: :,1 , " ",I :1 1.1 , II 1.1 r,i I I , :1 II !I Ii II II 'I 1'1 II , , C) Co) q '- s-;;;; \,';;:) ., ~ 'i1 .0 ~:' 1, ,e- ~~~ :::.:': ~r... ':.u -< "'D :J~ :'~J ,:''1 "-....!