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HomeMy WebLinkAbout00-04867 ~,t . F:\FIl,ES\DATAFILmGendQIC.cur\8778_'O.comYad " MARTSON DEARDORFF WILLIAMS & OTTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 2000 - LJ8(P t JOHN E. STULL and DORIS J. STULL, his wife, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the folIowing pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By Attorneys for Plaintiff Date: July 10 , 2000 .".. "-"..""~;,- MARTSON DEARDORFF WILLIAMS & OTTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA Plaintiff v. CIVIL ACTION - LAW NO. 2000 _ '-/?t7 ~ "/./UA-- JOHN E. STULL and DORIS J. STULL, his wife, Defendant COMPLAINT AND NOW, comes the Plaintiff, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, MARTSON DEARDORFF WILLIAMS & OTTO, is a Pennsylvania professional corporation with its principal place of business at 10 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, John E. Stull and Doris J. Stull, his wife, are adult individuals residing at 2935 Blacks Schoolhouse Road, Taneytown, Carroll County, Maryland 21787. 3. Plaintiff, MARTSONDEARDORFF WILLIAMS & OTTO, has provided professional legal services to Defendants John E. Stull and Doris J. Stull from on or about July 28, 1997 to on or about August 3, 1999. 4. Plaintiffhas billed Defendants for these various professional services rendered on their behalf in the amount of $6,894.28. 5. The outstanding balance of$6,894.28 represents the reasonable and necessary value of the services provided to the Defendants and which the Defendants have yet to pay. A copy of the printout summary is attached hereto as Exhibit "A." 6. Despite repeated demands for payment, Defendants have not paid the outstanding balance of $6,894.28. COUNT I BREACH OF CONTRACT FOR PROVIDING PROFESSIONAL SERVICES 7. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 6 of this Complaint. < ~~i)E_.' , 8. Defendants have breached an expressed or implied agreement to pay the reasonable value of the professional services rendered. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of$6,894.28 plus pre-judgment and post-judgment interest and costs. COUNT II OUANTUM MERUIT 9. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 8 of this Complaint. 10. The Defendants are liable to the Plaintiff and/or has been unjustly enriched in the amount of$6,894.28 plus pre-judgment and post-judgment interest and costs. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of$6,894.28 plus pre-judgment and post-judgment interest and costs. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By , k A. DenI' I . No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 10 ' 2000 -' ~~ :::.-,. VERIFICATION Ivo V. Otto, III, Esquire, who is Treasurer of MARTS ON DEARDORFF WILLIAMS & OTTO and acknowledges that he has the authority to execute this Verification in behalf of MARTSON DEARDORFF WILLIAMS & OTTO certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which 1 have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the &document& is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. MARTS N DEARDORFF WILLIAMS & OTTO Ivo . tto, III, Esquire Treasurer ~" -,~ .~_. REPRINT OF BILLED 'DETAILS (as billed) Bill number 8778 Bill date Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taney town , MD 21787 RE: J & J Recycling, Inc. FOR PROFESSIONAL SERVICES RENDERED TOTAL FEES DISBURSEMENTS 12/16/98 635 Hearing transcript TOTAL DISBURSEMENTS BILLING SUMMARY TOTAL CHARGES FOR THIS BILL ""'.' --de",', -00001-027 BTW 01/21/99 $ ,00 443.60 $ 443.60 $ 443.60 REPRINT OF BILLED 'DETAILS (as billed) Bill number 8778 Bill date Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taney town , MD 21787 RE: J & J Recycling, Inc. FOR PROFESSIONAL SERVICES RENDERED -00001-029 BTW 06/02/99 01/31/99 CCR Prepare materials for EHB brief, 02/02/99 CCR 02/03/99 CCR 02/04/99 CCR 02/05/99 CCR 02/07/99 CCR 02/08/99 CCR 02/08/99 PL8 05/05/99 CCR DISBURSEMENTS BILLING SUMMARY .20 hrs 125 /hr Draft and edit post hearing memorandum. 1.50 hrs 125 /hr Draft and edit post-hearing memorandum. 3.00 hrs 125 /hr Draft and edit posthearing brief. 1.00 hrs 125 /hr Draft and edit post-hearing brief. . 5.00 hrs 125 /hr Draft, edit, and finalize post-hearing brief. 1.30 hrs 125 /hr Finalize post-hearing memorandum; draft letter to Environmental Hearing Board regarding memorandum. .30 hrs 125 /hr Preparing cover page and table of contents for Post-Hearing Brief of Appellant John Stull; Preparing for mailing Telephone call from J.Stull TOTAL FEES TOTAL DISBURSEMENTS TOTAL FEES TOTAL CHARGES FOR THIS BILL 1.10 hrs 40 regarding hearing. .20 hrs 125 /hr /hr $ $ $ $ Iill!Ib""",",'i 25.00 187.50 375.00 125.00 625.00 162.50 37.50 44.00 25,00 1,606.50 .00 1,606,50 1,606.50 REPRINT OF BILLED DETAILS (as billed) Bill number 8778 Bill date -00009-002 BTW 10/08/98 Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taney town , MD 21787 RE: Junkyard Hearing FOR PROFESSIONAL SERVICES RENDERED 08/21/98 CCR Telephone call from J.Stull regarding junkyard hearing; telephone call to J.Yingst regarding junkyard hearing. .20 hrs 125 /hr 08/24/98 CCR Telephone call to D.J. Bowman regarding continuance; draft continuance letter; telephone call to J.Stull regarding continuance. .40 hrs 125 /hr 09/14/98 CCR Telephone call from J.Stull regarding hearing. .10 hrs 125 /hr 09/16/98 CCR Travel to Bonneauville; meet with J.Stull in preparation for hearing; attend district justice hearing; attend inspection at facility; return travel. 4.00 hrs 125 /hr 09/25/98 CCR Telephone call from J.Stull regarding district justice appeal, .10 hrs 125 /hr 10/06/98 CCR Prepare appeal to junkyard ordinance decision; review Second Class Township Code regarding right of Union Township to bring civil penalty action after judgment is entered on equity action. .80 hrs 125 /hr 10/07/98 CCR Finalize district justice appeal documents. .10 hrs 125 /hr TOTAL FEES $ DISBURSEMENTS 10/07/98 630 Filing fee, Notice of Appeal TOTAL DISBURSEMENTS $ BILLING SUMMARY TOTAL FEES $ $ $ TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL , '- 25.00 50.00 12,50 500.00 12.50 100.00 12.50 712.50 55.50 55.50 712.50 55.50 768.00 ~..," "~ .I" ~ ,,;:. ,",1 REPRINT OF BILLED'DETAILS (as billed) Bill number 8778 Bill date -00009-004 BTW 01/21/99 Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taney town , MD 21787 RE: Junkyard Hearing FOR PROFESSIONAL SERVICES RENDERED 10/12/98 CCR Finalize service copies of notice of appeal. .10 hrs 125 /hr 10/23/98 CCR Telephone call from J.Stull regarding Union Township action, .20 hrs 125 /hr 11/10/98 CCR Review complaint filed by Union Township; draft and edit entry of appearance; draft and edit letter to V.Neubaum, . 1.00 hrs 125 /hr 11/12/98 CCR Draft and edit verifications; draft and edit letter to J.Stull regarding Union Township appeal; telephone call from V.Neubaum; draft and edit answer and new matter for Union Township appeal. 2.20 hrs 125 /hr 11/13/98 CCR Draft and edit counterclaims against Township of Union relating to civil rights. 2.00 hrs 125 /hr 11/24/98 CCR Draft and edit answer and civil rights counterclaim. .30 hrs 125 /hr 11/25/98 CCR Draft and edit complaint, new matter, and counterclaim for Union Township civil rights action; finalize pleading for filing and service; prepare exhibits for filing. 2.70 hrs 125 /hr 12/06/98 CCR Review briefs and prepare for oral argument at Commonwealth Court. .50 hrs 125 /hr 12/06/98 CCR Prepare oral argument for Commonwealth Court appeal. .80 hrs 125 /hr 12/07/98 CCR Travel to Commonwealth Court; attend appellate argument court session; participate in oral argument; return travel. 3.50 hrs 125 /hr 12/15/98 CCR Telephone call to V.Neubaum regarding Stull matters and files. .20 hrs 125 /hr 12/16/98 CCR Telephone call to C.Mellott regarding Environmental Hearing Board briefing schedule; review Board rules for briefs; begin drafting ""'"''''''''"", 12.50 " 25.00 125.00 275.00 250.00 37.50 337.50 62.50 100.00 437.50 25.00 .90 hrs 125 /hr 01/13/99 CCR Telephone call to J.Stull regarding Commonwealth Court decision and Adams County action. .20 hrs 125 /hr 01/18/99 CCR Telephone call from J.Stull regarding disputes with Union Township. ~ ~- ,. . ':I ... REPRINT OF BILLED 'DETAILS (as billed) 8778 -00009-004 BTW brief. 1.00 hrs 125 12/17/98 CCR Review motion for continuance; telephone calls from C.Mellott regarding extension of time. .20 hrs 125 12/23/98 CCR Review answer to counterclaim. .10 hrs 125 12/29/98 CCR Draft and edit reply to new matter; evaluate Second Class Township Code regarding township actions in equity. -~"--_.k,, Page 2 /hr 125.00 I. /hr 25.00 /hr 12.50 112.50 25.00 .20 hrs 125 /hr TOTAL FEES DISBURSEMENTS TOTAL DISBURSEMENTS BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL 25.00 $ 2,012.50 $ .00 $ $ 2,012.50 2,012.50 ... ~ "". .~ .. . REPRINT OF B1LLED DETAILS (as bilied) Bill number 8778 Bill date -00009-006 BTW 06/02/99 Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taney town , MD 21787 RE : "Junkyard Hearing FOR PROFESSIONAL SERVICES RENDERED 02/07/99 CCR Draft and edit letter to J.Stull regarding litigation progress. 03/12/99 CCR 04/13/99 CCR 05/03/99 CCR 05/04/99 CCR 05/12/99 CCR 05/14/99 CCR .30 hrs 125 Telephone call from J.Stull regarding petition for contempt. .10 hrs 125 Draft letter to J.Stull regarding hearing. .10 hrs 125 Telephone call from J.Stull regarding junkyard contempt hearing. .20 hrs 125 Telephone call from J.Yingst regarding Stull hearing. .20 hrs 125 Prepare materials for contempt hearing; travel Gettysburg; attend hearing; return travel. 4.50 hrs 125 Review appellate rules regarding emergency appeals; telephone call from J.Stull regarding appeal. /hr /hr /hr /hr /hr to /hr .20 hrs 125 /hr 05/18/99 CCR Telephone calls to D.Stull, J.Yingst, D.Hostetter, P.Funt, and E.Martin; draft emergency application for stay. 05/18/99 PL4 UPS overnight mail letter 3,20 hrs 125 /hr .10 hrs 40 /hr 05/19/99 CCR Telephone calls from State Police, Doris Stull, and N.Grove regarding Littlestown Road property; review letter from Court Administrator. .30 hrs 125 /hr OS/20/99 CCR Review order of court; telephone call from D. Stull. .20 hrs 125 /hr OS/24/99 CCR Telephone call to J.Yingst; draft and edit Petition for Modification. OS/24/99 PL8 OS/26/99 CCR Preparing Defendants' petition of Order for filing; Letter to Prothonotary filing same .80 hrs 125 /hr for Modification Adams County .40 hrs 40 Telephone call from J.Houseman regarding junk /hr "~, 'O~. ,d" 37.50 12.50 12.50 25.00 25.00 562.50 25,00 400.00 4.00 37.50 25.00 100.00 16.00 ,~ ,"'" -<l:..J . '"'M~_ ->" , . , REPRINT OF BILLED DETAILS (as billed) 8778 -00009-006 BTW removal. .20 hrs 125 /hr OS/27/99 CCR Telephone calls from D.Stull and to Dr. Posner regarding J.Stull. .30 hrs 125 /hr TOTAL FEES $ DISBURSEMENTS OS/27/99 689 United Parcel Service to Adams County Prothonotary 5/18/99 TOTAL DISBURSEMENTS $ BILLING SUMMARY TOTAL FEES $ $ $ TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL """'i""""",,,~l Page 2 25.00 37.50 1,345.00 5.18 5.18 1,345.00 5.18 1,350.18 ,,~~;.""'~~- ".~ REPRINT OF BILLED DETAILS (as billed) Bill number 8778 -00009-010 BTW Bill date 07/22/99 Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taney town , MD 21787 RE: Junkyard Hearing FOR PROFESSIONAL SERVICES RENDERED 06/21/99 BTW 07/01/99 BTW 07/02/99 BTW .. .10 hrs 125 /hr 07/06/99 BTW Review Judgment for awarding attorney's fees; Correspondence to Mr. Stull and Attorney Washburn DISBURSEMENTS 06/10/99 630 06/10/99 630 BILLING SUMMARY .10 hrs 125 /hr TOTAL FEES $ Filing fee, Adams County Prothonotary Filing fee, Commonwealth Court TOTAL DISBURSEMENTS $ TOTAL FEES $ $ $ TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL _iIhld\<J:; 12.50 87.50 437.50 12.50 12.50 612.50 46.00 55.00 101.00 612.50 101. 00 713 . 50 72,,';;,,;"'," '~',.",L,.,',._, "--'"'W.~ili~;~~!l!liii;j~I"~M~ilil~ -"'. I " l!"'-"~ llk.WL_1 ..~ "1 i7 <> r:~ 0 C c,:J ",'I 7V () ck <'" '-- gJff} ~,:.~J 4t "]'!;:. .) 9:l ...J::::. '- i~h;~~ ;- tt d ICi () 6;:;~,: --lfT"} .-~ ,"-~ ~ 0 '" _./ _.~-. (:) ,:,': '---r" 00 \) Cl ~~ V ~.,~~ ~~ w .c: .-...-<0 ::;: ;:";'1 ~ ~:,~(J ~ E;"' ~ \;:) ,~m ,"_I ...c: vo ~ Z Ul :;! 'l:s =< (n :n -< "'~ !it !.J . .~ , -,~ ~ "' ~"""""""W" F:\FlLBS\DATAFILB\Gendoc.c0N377S-IO.aff\iad .mS.IO MARTS ON DEARDORFF WILLIAMS & OTTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. NO: 2000 - 4867 CIVIL JOHN E. STULL and DORIS J. STULL, his wife, Defendants AFFIDAVIT OF RETURN OF SERVICE BY MAIL On July 11, 2000, I mailed a true copy of the Complaint by certified mail, restricted delivery, return receipt requested, to Defendants John E. Stull and Doris J. Stull at their address. Defendant Doris J. Stull signed the return receipt upon delivery and the receipt, attached here as Exhibit "A," was returned by the post office on July 20, 2000. I make these statements pursuant to 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities and understand that false statements may subject me to criminal penalties under that statute. MARTS ON DEARDORFF WILLIAMS & OTTO B,EJJd:i-- LD. No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: August 3, 2000 .J!-,......~ ~ , , J ~ , - . , '~ " .,1, , ~j' CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Affidavit of Return of Service by Mail was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. John E. Stull 2935 Blacks Schoolhouse Road Taneytown, MD 21787 MARTSON DEARDORFF WILLIAMS & OTTO Byr00rhL cq . e A. Decker Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 3, 2000 ".~. .L~J " ~". .'. - . '."" - , ~. m " ;; m e ~ SENDER: I also wish to receive the follow- ing services (for an extra fee): [J Complete items 1 and/or 2 for additional services. Complete items 3, 48, and 4b. o J>rint your riame and address on the reV91'$e of this form so that we can return this ~~~u. ..~ lJ Attach this form to the front of the mail piece, or on the back if space'jt)h riot Q) permit. ",,)ii" .c n Write "Return Receipt Requested' on the mailpiece belOWth. o,.:a, if' ,', mber. .... D The Return Receipt will show to whom the article was delivered; d: e date g delivered. ' ", 'o~)n:: " ,. Article Addressed to: " :~. :,~,:': Article Number i Mr. and Mrs. John E. stull "t Z 338 760 445 E. 2935 Blacks Schoolhouse Road; 4b. Service Type 8 . T!jID?ytown, MD 21787 0 Registered RrCertified . 0 Express Mail ... d Insured o Return Receipt for Merchandise 0 COD 1. 0 Addressee's Address 2.1J; Restricted Delivery 7. Date of Delivery --,,-.J '7~,;l.0 .-00 8. Addressee's Address (Only if requested and fee is paid) 0: ~ ~ o >- .!!l .;; igi 1'02S9S.~;~ '. ;Domestlc Return Receipt , Z 338 760 445 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for J temational Mail See reverse sm JOml E. Stull St'2'9~~1ffAcks Schoolhouse R ad PO.s! Office, ~te, & ZIP Code 1aneycown, MU 21787 Postage $ ,'77 /Ao Certified Fee Special Delivery Fee Restricted Delivery Fee '" '" '" .) 7';, /.)S L.,_ Exhibit "A" '",,; ~ ~ I t: E ?t' 9> ~ .2 ~ o >- ... J "":"'" ----"'. ,'liWll<"'i"'.iilllj'~~_~" n ,,'0. ~,'-"""'~'-> ',',\,,', ",c' ~" i"~ ~,)'. ....;....,~"';...,..;...;.,..;-.." ',~ l,:,.;",~,~~ (") ? ." (15 nlnl Z:r ZC:: ~:2: r:n -"-" .') -' i',;LJ C) C) C~ c::::;. ...;:: -:-.... -C c tC " '.', .' ~~ , "J~ " ,~ <<"':; > -, '2 " ~ ,~", :,.J ''', '> ~ j c; '" ,,"-: ':::> _4 _0 -< CO ~~ . '<l. MARTS ON DEADORFF WILLIAMS: & OTTO, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO 2000 4867 JOHN E. STULL, AND DORIS J. STULL, HIS WIFE, . . Defendant ANSWER 1.) Admitted. 2.) Admitted. 3.) Denied. Plaintiffs never provided any services to the defendant Dorris J. Stull. It is specifically denied that plaintiffs ever discussed, entered into, or were ever approached by Doris J. Stull for any professional purpose whatsoever. By way of further response the plaintiffs never billed or cuunseled Doris J. Stull on or for any legal matters. 4.) Denied that plaintiff billed defendants as is falsely alleged in the complaint. To the contrary, prior to this lawsuit, the defendants received only the last page of the billing that is an exhibit to the law suit (having a date of 07/22/99) in the amount of $713.50, which John Stull acknowledges and for which he will tender payment. By way of further response Mr. Washburn recollects no 3.5 hour I M .,,-,",,,*,,. conference on 07/01/99 and Mr. Stull does not recollect a .7 hour conversation with anyone at the firm, on 6/21/99 his being in jail at the time. 5.) Denied. The only hourly rate ever quoted to Mr. Stull (Mrs. Stull never spoke to or conversed with anyone at the firm regarding legal services) was $75.00 per hour by an attorney named Carl Rich. At the rate of $75.00 per hour defendants' total bill would be no greater then $4,136.57. By way of further response defendant does not agree that the bills charged in the complaint are detailed enough to understand, were justified, or can be substantiated. 6.) Denied. Plaintiffs have not made repeated demands for payment at all. Prior to the complaint the only bill that the defendant John Stull ever received from plaintiffs was the last page of the "printout summary" filed with their complaint. That page subtotal is $713.50 which plaintiff will agree to pay. COUNT I 7.) Admitted only as to the procedural aspects of this paragraph, 8.) Denied. This paragraph is false in that it implies both defendants contracted for legal services. It is false in that it implies that Doris Stull ever contracted with plaintiffs for services at all, and it is false in that it implies that the defendant John Stull contracted for professional services at $125.00 per hour. By 2 . ..~ .~ _~,L '. ~ '_ ,~.' ~~ ~.. ~ '~l way of further response, the plaintiffs have participated in actions not requested by John Stull. by way of further response the defendant(s) were never offered any written agreement contrary to state ethics rules and regulations that require attorney's, particularly those charging or claiming hourly fees, to write the terms of the fee agreement down and acknowledge the clients agreement with a signature. WHEREFORE the defendants' John and Doris Stull respectfully request that this Court deny plaintiffs request for judgement in the amount of$6,894.28. COUNT II .QUANTUM MERIT 9.) This paragraph is admitted in the procedural aspects only. 10.) Denied. It is specifically denied that Don Stull is liable to plaintiffs for anything. It is denied that plaintiffs conferred benefits on defendants with the value of $6,894.28, and it is denied that defendants are liable for any interests or costs. NEW MATTER 11.) The defendants have no signed or written fee agreements with plaintiffs and never have had any such arrangement. 12.) The defendant Doris Stull never approached plaintiffs to request legal 3 -~'. ~. ~ --...;. -"" ~~. advice or services and never received any from them. 13.) The defendant John Stull first agreed to accept services from Attorney Carl Rich of the plaintiffs law firm and Rich agreed to provide services at the rate of $75.00 per hour to John Stull. 14.) At no time have the plaintiffs indicated to John Stull or advised him that their services were billed at $125.00 per hour. 15.) Neither John nor Doris Stull can find any telephone records that confirm the telephone calls reflected in plaintiffs erroneous billings and upon information and belief allege that they never spoke to plaintiffs on the dates indicated. 16.) The only bills from defendants complaint that either defendant John or Doris Stull received from plaintiffs was the bill dated 7-22-99 in the amount of $713.50. WHEREFORE defendants are requested to respond to the new matters averred by plaintiffs above. AFFIRMATIVE DEFENSE OF THE DEFENDANT DORIS STULL There was and is no privity of contract, or Attorney client privilege, 4 - ~".~ ".L'J_'",I~'"-'. e %ib between the plaintiff law firm (or any of its attorney's) and the defendant Doris Stull. SECOND AFFIRMATIVE DEFENSE OF THE DEFENDANT DORIS STULL The Defendants have engaged in the Wrongful Use of Civil Procedure. They have also engaged in an abuse oflegal process. THIRD AFFIRMATIVE DEFENSE OF THE DEFENDANT DORIS STULL The plaintiffs' billings are inaccurate and unreliable and do not apply to Defendants. FIRST AFFIRMATIVE DEFENSE OF THE DEFENDANT JOHN STULL The Defendants billings are inaccurate and unreliable and do not apply to the defendant John Stull. 5 ~ j I ,~~ ~,-~ Respectfully Submitted, D Bailey P AID# 2 43 I 1 N. 6th Street Harrisburg, P A 17110 (717) 22 I -9500 6 - '~~~ ,"' ..> ....,~, ~~, ... -~ ~ ~ .~'-'-~~ . 1_1iI:I~' ~.'~' ..10"""'_1 ~...~~-, , """'" ~_."'- VERIFICATION WzJ-~lf..,..aJ and J-~.~ }I- ~.h-L/havo revi'w,d tho foregoing Answer and hereby confirm that it is true and correct to the best of our knowledge, information, and belief. We are aware that making false representations to Authorities is a violation of law and intend to be legally bound. f)~ 0, ~ I' " Dated: 9- 7~ '2d:Z7 +~"- ~~~' <=" '<~. . ,~"." -"_..~" ~>~il~i~ . '" _ CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of the foregoing Document was served upon the following counsel of record by United States Mail, postage pre-paid on the 7th day of September 2000. Ivo V. Otto, Esquire Mark A. DeIinger, Esq. Ten East High Street Carlisle, PA 17013-3093 ",>.- ",',-,' ..,...~......i.'..,'......... ....,...+"'"-"'-""~.---.,,- :-' ',", ',' '''' ~ pj'" . ilIf"- J.~"," ~ , ~, ~ ~ ~t ""~ C1 ~~ \:;f,:i' S;;-'~ .--:::'" U) ~C',? ~~S :2 --, -< 'JA'Jli_ilJh...d '<" i ii, c I I I 1 I I I, :.~ ., ~ cn --"J "'" ~~:;' ' :0 -< .~- m_..~ ~ ". '\'1'-~~;;'~ MARTSON DEADORFF WILLIAMS: & OTTO, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA V. : NO 2000 4867 JOHN E, STULL, AND DORIS J. STULL, IDS WIFE, . . . Defendant : aNSWER 1.) Admitted. 2.) Admitted. 3.) Denied. Plaintiffs never provided any services to the defendant Dorris 1. Stull. It is specifically denied that plaintiffs ever discussed, entered into, or were ever approached by Doris J. Stull for any professional purpose whatsoever. By way of further response the plaintiffs never billed or counseled Doris J. Stull on or for any legal matters. 4.) Denied that plaintiff billed defendants as is falsely alleged in the complaint. To the contrary, prior to this lawsuit, the defendants received only the last page of the billing that is an exhibit to the law suit (having a date of 07/22/99) in the amount of$713.50, which John Stull acknowledges and for which he will tender payment. By way of further response Mr. Washburn recollects no 3.5 hour 1 ~ ~ - >0 L ":lfI<&,,-~~t:"'L"- ;. conference on 07/01/99 and Mr. Stull does not recollect a .7 hour conversation with anyone at the firm, on 6/21/99 his being in jail at the time. 5.) Denied. The only hourly rate ever quoted to Mr. Stull (Mrs. Stull never spoke to or conversed with anyone at the firm regarding legal services) was $75.00 per hour by an attorney named Carl Rich. At the rate of $75.00 per hour defendants' total bill would be no greater then $4,136.57. By way of further response defendant does not agree that the bills charged in the complaint are detailed enough to understand, were justifieJ, or can be substantiated. 6.) Denied. Plaintiffs have not made repeated demands for payment at all. Prior to the complaint the only bill that the defendant John Stull ever received from plaintiffs was the last page of the "printout summary" filed with their complaint. That page subtotal is $713.50 which plaintiff will agree to pay. COUNT I 7.) Admitted only as to the procedural aspects of this paragraph. 8.) Denied. This paragraph is false in that it implies both defendants contracted for legal services. It is false in that it implies that Doris Stull ever contracted with plaintiffs for services at all, and it is false in that it implies that the defendant John Stull contracted for professional services at $125.00 per hour. By 2 ..-~.<-."'.. " '. -~'_,_"w,", way of further response, the plaintiffs have participated in actions not requested by John Stull. by way of further response the defendant(s) were never offered any written agreement contrary to state ethics rules and regulations that require attorney's, particularly those charging or claiming hourly fees, to write the terms of the fee agreement down and acknowledge the clients agreement with a signature. WHEREFORE the defendants' John and Doris Stull respectfully request that this Court deny plaintiffs request for judgement in the amount of$6,894.28. COUNT II QUANTUM MERIT 9.) This paragraph is admitted in the procedural aspects only. 10.) Denied. It is specifically denied that Don Stull is liable to plaintiffs for anything. It is denied that plaintiffs conferred benefits on defendants with the value of $6,894.28, and it is denied that defendants are liable for any interests or costs. NEW MATTER 11.) The defendants have no ~igned or written fee agreements with plaintiffs and never have had any such arrangement. 12.) The defendant Doris Stull never approached plaintiffs to request legal 3 ~ .~_."""' ~~~ ,oj '._ 'W . _""''''//'""._'''''':0,''' .' advice or services and never received any from them. 13.) The defendant John Stull first agreed to accept services from Attorney Carl Rich of the plaintiffs law firm and Rich agreed to provide services at the rate of$75.00 per hour to John Stull. 14.) At no time have the plaintiffs indicated to John Stull or advised him that their services were billed at $125.00 per hour. 15.) Neither John nor Doris Stull can find any telephone records that confirm the telephone calls reflected in plaintiffs erroneous billings and upon information and belief allege that they never spoke to plaintiffs on the dates indicated. 16.) The only bills from defendants complaint that either defendant John or Doris Stull received from plaintiffs was the bill dated 7-22-99 in the amount of $713.50. WHEREFORE defendants are requested to respond to the new matters averred by plaintiffs above. AFFIRMATIVE DEFENSE OF THE DEF&NDANT DQJUS STULL There was and is no privity of contract, or Attorney client privilege, 4 " ==. ~ ~- _"_,,,J1""''''''-''-+''?l'' '. between the plaintiff law firm (or any of its attorney's) and the defendant Doris Stull. SECOND AFFIRMATlYE DEFENSE OF mE DEFENDANT DORIS STULL The Defendants have engaged in the Wrongful Use of Civil Procedure. They have also engaged in an abuse oflegal process. mmn AFFIRMATIVE DEFENSE OF THE DEFENDANT DORIS STULL The plaintiffs' billings are inaccurate and unreliable and do not apply to Defendants. FIRST AFFIRMATIVE DEF.ENSF. OF THE DEFENDANTJOBNSTULL The Defendants billings are inaccurate and unreliable and do not apply to the defendant John Stull. 5 '.'F~='~""~-''''''''-''=''l " ~. . . Respectfully Submitted, 6 ~' ~~ . ~ '~-"'~M\,,,,,iII,,,,' 6 _~_~~H<. "-- 'l~"'_)-' .'. VERIFICATION W?--!l~l t.",...a; and t-~~ 0, ~/havereviewedthe 1../ '// foregoing Answer and hereby confirm that it is true and correct to the best of our knowledge, information, and belief. We are aware that making false representations to Authorities is a violation of law and intend to be legally bound. Dated: 9- 7- :za::t:7 ~ (j, ~.// /' ' "".....,~.~'~" ". "~~.'" . ~ , ,~.;~-~ ." . CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of the foregoing Document was served upon the following counsel of record by United States Mail, postage pre-paid on the 7th day of September 2000. Ivo V. Otto, Esquire Mark A. Delinger, Esq. Ten East High Street Carlisle, PA 17013-3093 ..:~~'"". = ""_. . '. , " "_~___'A"",r . - . (") (.';::- r., 1,= c.:.' :e- el) ""Dct '-:"'1 .....,..1 ''''1 r~"" .":J 2:.1,; , 6i~:~ I " eX) r:':e:' , ',(:' ~ ' -::1 .:'!.,; J;C) " ~(., (~jP'i ;PC: ':.;-<} Z _-.,1 ::;! '" ~; .;:- -< .,il -:' ~~ , - ,~ ~ '""N F:\FILES\DAT AFILE\Gendoc,cur\871810_rep.1 Created: 09125/0002:10:01 PM Revised: 09126100,04:22:14PM, ." MARTSON DEARDORFF WILLIAMS & OTTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. NO. 2000 - 4867 CIVIL JOHN E. STULL and DORIS J. STULL , his wife, Defendants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER 11. Denied to the contrary. It is specifically denied that Defendants had no agreement with Plaintiff for the provision of legal and professional services. At all times, in conjunction with those matters reflected in the bills attached to Plaintiff's Complaint, Plaintiff provided legal and professional services to Defendants at Defendants' written and oral request, in exchange for payment for said legal and professional services.. 12. Denied to the contrary. It is specifically denied that Defendant Doris Stull never requested legal services from Plaintiff and it is specifcalIy denied that Defendant Doris Stull never received any such services. To the contrary, Defendant Doris Stull specifically requested and received legal and professional services on behalf of her husband and herselfin conjunction with the various environmental, real estate, credit and other matters elaborated in the bills attached to Plaintiff's Complaint. I3. Admitted in part and denied in part. While it is admitted that Defendant John Stull requested and obtained legal services from Carl C. Risch, Esquire of Plaintiff's law fIrm, it is denied that such services were stated or billed at a rate of$75.00 per hour. 14. Denied to the contrary. It is specifIcally denied that Plaintiff never indicated or advised Defendants that its legal services were billed at a rate of$125.00 per hour. At all times, in conjunction with those matters reflected in the bills attached to Plaintiff's Complaint, Defendants were informed and agreed to the provision oflegal and professional services by Plaintiff at the rate of$125.00 per hour. ~, '~~ " 15. Denied to the contrary. It is specifically denied that Defendants did not speak to Plaintiff on the days indicated in those bills attached to Plaintiffs Complaint. It is furth\:f denied that said billings by Plaintiff are erroneous or deficient in any manner or scope. 16. Admitted in part and denied in part. While it is admitted that the Defendants received the bilI dated July 22, 1999, for the amount of$713.50, it is specifically denied that this bilI dated July 22, 1999, is the only bill which Defendants received from Plaintiff. By way of further answer, the Defendants received all the bills attached to Plaintiff s Complaint for legal and professional services rendered by Plaintiff and none of these bills have been paid by Defendants to Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor as directed in their Complaint. MARTSON DEARDORFF WILLIAMS & OTTO ark A. Denling .D. No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 27, 2000 "~ . ,'. ~l'n: CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on DeardorffWiIIiams & Otto, hereby certify that a copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Don Bailey, Esquire 4 311 North 6th Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO BYP~aM q e A. Decker en East High Street Carlisle, PAl 7013 . (717) 243-3341 Dated: September 27, 2000 >~ " '""-l:iiill~L""",,"f;:j,~~~!i!Iif.l:;l:~I~~';~~,-;r;J<'~il!~iSi!~$'*,~~MLll1it1lin~f'rl .~^ ~ .~.',.' .. ---- .- ~ ,_ N ,. .~ ,~ ,~ c...."...".. 0 a Ii C 0 'Ii ;;;: ,n ---{ """001 n1rf1 M .-1:::...".., Z::V v :Tlp:; zr" '" :~B9 9:;g. -.j ~E,: 1....)6 "1J -I~ -j-; >0 ^ ".71 Zc ::1l: ~.2c") PC: ':? ''';:-m ~ ~ co 35 -< ~. , - liliiil\i,~i: ....... ;I"'" MARTSON, DEARDORFF, WILLIAMS & OTTO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW JOHN E. STULL and DORIS J. STULL, his wife, Defendants : NO. 2000-4867 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Carl C. Risch, 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 $6,894.28. The counterclaim of the Defendant is in the amount of $0. The following attorneys are interested in the case as counselor otherwise disqualified to sit as arbitrators: William F. Martson, Esquire, John B. Fowler, III, Esquire, Edward L. Schorpp, Esquire, Daniel K. Deardorff, Esquire, Thomas J. Williams, Esquire, Ivo V. Otto, III, Esquire, George B. Faller, Jr., Esquire, Carl C. Risch, Esquire, Mark A. Denlinger, Esquire and David R. Galloway, Esquire, attorneys for Plaintiff, and Don Bailey, Esquire, attorney for Defendants. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Ca Isch, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 PAIDNumber: 75901 ORDER OF COURT ~ . A~D NOW, 11/Jf P L ' 2002, in consideration. of the foregoing Petition, rlJuA'J'V Ar/d"4M squire, ~hI ~~e, ~,4~~~Esquire, are appointed arbitrators in the above-captioned action as prayed for. By the Court, F:\FILES\DA T AFILE\Gendoc.cur\8778-1 G.pel P.J. ';!i$ . ,,~- ~J,. ~l ~ ,~~~ O=H' .~ _I""" ,~~ 1H~L%~Oo/~9.~T~\RY,l I Q2'JVW-:1}~ 117 ~S.>", ~{ CUMBE~lt\ND COUNTY,J .~ Q O{ PENNSYLVANIA " ~i:JU!!l'l!!1i'lllm!ll!lIImll~~~'l!lI!~'~,>)"~l'ii'::l'C"""'fO''W'';;'''*~'~,*",~'''iJ'IjIfij1'1C:i-'ffi'''"''''''i!''''):1l1ffi['[''~!J'il'elIml;iI!\!rno,""f;,,!"'f;"'r:o'@li'~ ~ r ~",,,,",f ;' -"~--,,-. .~~ , . , ~. ~'-. J . , ~ CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certifY that a copy of the foregoing Petition for Appointment of Arbitrators was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Don Bailey, Esquire 4311 North 6th Street Harrisburg, PAl 711 0 MARTSONDEARDQ WIlLIAMS & ono By C{QJ) Carl C. Risch Ten East High Street Carlisle, PA 17013 (717) 243-3341 LD. Number 75901 Dated: June 6, 2002 ..(, ~ "ltH:H#~lialli~~il.MW.l.li:'",,~h\);Mffi:,J;.'!a\llilM#ilie.Hl!i~L'~~~~;j;,.'5.iNIJ~&~~_Olll:Ab > ~, "-- I ^ . ,t e ~, ,~.~...... ~~ _0 "w' JIl1~W' ~~ o ~ \XI jl...) ~ () -' 0() . ........ V) < C o ~ t1 ~ () (") c: ;;::... ~fg ,"",_.1 s.~~~> ;-.::,; ~::--~ '-., ~~~2 ( ~'~0 :::::; ::f '. t;..,. f;::- ~ "'~__, 4 . ;~.,," , ......;- " (;:, 1'0 \.- r- ""'-" (") -1'1 .-! -:--i,:D -"--"T, ~O .~: (~> I ~ -:::.' .,'-i-; ;'~~r~t _~i ~ ~ " r'u'- '-'-'-'-<" '<.' '. '.,'1" . .". ". MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN E. STULL AND DORIS J. STULL, IDS WIFE, Defendants NO. 2000-4867 NOTICE OF HEARING BY BOARD OF ARBITRATORS Please take notice that the arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Wednesday, August 14,2002, at 9:30 a.m. in the Fifth Floor Hearing Room of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time you may appear with your respective clients and witnesses to present such evidence and testimony as you may have in this case. Michael Badowski, Esquire Arbitrator Elizabeth Beckley, Esquire Arbitrator Date: July 25, 2002 By: Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 Chairman, Board of Directors To: Don Bailey, Esquire 431 I North Sixth Street Harrisburg, P A 17110 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 David R. Galloway, Esquire 10 East High Street Carlisle, PA 17013 ~".~ '''~"~ , '-",," -';, MARTSON, DEARDORFF, : IN THE COURT OF COMMON PLEAS OF WILLIAMS & OTTO : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-4867 CIVIL TERM JOHN E STULL and DORIS J. STULL, his wife IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, June 20,2002, the appointment of William Addams, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Stephanie Chertok, Esquire, shall be appointed in his stead. Elizabeth Beckley, Esquire, and Michael Badowski, Esquire, shall remain as arbitrators. By the Court, G#l P.J. Stephanie Chertok, Esquire Chairman of the Arbitration Panel Court Administrator MARTSON, DEARDORFF, : IN THE COURT OF COMMON PLEAS OF WilLIAMS & ono : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-4867 CIVil TERM JOHN E STUll and DORIS J. STUll, his wife IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, June 20, 2002, the appointment of William Addams, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Stephanie Chertok, Esquire, shall be appointed in his stead. Elizabeth Beckley, Esquire, and Michael Badowski, Esquire, shall remain as arbitrators. By the Court, G~ P.J. Stephanie Chertok, Esquire Chairman of the Arbitration Panel C-ofr ~ {" 0Lb - 6.L Court Administrator ~ . \ w , t t 'it l~, ,,' ~:. ' liJ", ~ "",.,--_..' "'~1"""~Il~"!I', ,~.. ,,~.- /}~ _v ~~. ~" 'h".~, , ',~~ "".'.-'.'" ".~ ' FItED-Om~E OF T"~ r~''''''T'' r,;~ ','" '-1 'I R')' - ,t':~ r<':_J' ;--., ,j\', i ! II 02 JUN 20 AN 9: :12 CUM8tl~Li~\NL; c.;UUNnl PENNSYLVANiA ''''. 1 ~. ,',,, ." ~,,"" '" ,-- '='" , .",,-,~ "',',,'>., J '.~~~!QI~!:J!J!!J,ij'\,.",~JJ!~" ",~_JK~,~n! (........'.'... " t k'il, ~,;> ~;!"" .li;.I.','{" !,!"", . "7~~ ,,!:,~:~[~;,r. " - ~, '_k<;, F:\FILES\DATAFILE\Gendoc.cur\8778] O-pra. wpdldrg . Created: 08/13f0204:05:40PM Revised: 08113/02 04:17:32 PM 8778.10 '. - MARTS ON, DEARDORFF, WILLIAMS & OTTO, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : CIVIL ACTION - LAW JOHN E. STULL and DORIS J. STULL, his wife, Defendants : NO. 2000-4867 PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned matter settled and discontinued and issue a certificate reflecting same. Respectfully submitted, Respectfully submitted, MARTSON DEARDORFF WilLIAMS & OTTO DON BAILEY, ESQUIRE ~ By Don Bailey, Esquire Attorney J.D. No. 23786 4311 N. 6th Street Harrisburg, P A 17110 (717) 221-9500 Attorney for Defendants Dated: August 14,2002 1?;~"" '"'.'~,~, <'~~~.!!~JffiI~li;JI<-rn1jitm~j;J\\k~~*,~llffi<iJA~)~liJIs'~I"';I..J>.~ ,,~,. ~_. ~ . - ~ '~ .' w,~ '_~, ~. ,"'.",",~,. ~, ,.p" , ,,~," ",," " ~"" ,"" _ ,~.~.." ~." <, r~"",'. ,,',~,,' ............,~.o.J..~ ." ~.. -~~~ . - ~ ',"""""," ~ 0 0 0 C N :s:: 'n 'OCG "'" :::1 rllrn c: Z::r-r ~ i"'l;22 6J:}~:'- ~. -:;rn -<'/ ~~.JO !::=C' ::;;,~~ ,- :t:> ~C:' ::t: -j;C) z:5f~ e- If? 2: :s: .:;! ;:- (;:) :J:J -< . . I .., _.' AL..o,-~ ) ) 2 ) ) JOh" j;. S-lvIIa,Jbbr~ J. 9v11,~~ "f4,....J.a..:1s ) ft'tJMn lhrJorfP"Mif,fIins J.. ofk p&..;Jcf!I? In !he Court of Common Plaas of c.....- Cumberland County, Pennsylvania ~o. 2.. 000 - Lj.-g ~ '1 v. l!- ev, 'f A&h~ - Lo-\.v' OATH ~e do solemnly swear (or affirm) that we will support, obey and defend the Conseitueion of the United States and the C"nstieut:!.oa of this C01Dmon- 'Jealth and thae we .rill discharge the ducies of our office ~th fidelity. ]I{'fk..~(:'" E. Che-..fol $I; tII,'t~.AII3It.JIJI1)'Ic" 1I~tL. Bt'ddf"1 AWAlID ~e. the undersigned arbitrators. having been duly appointed and sworn (or affirmed). make the following award: (Note: I.f damages for delay are awarded, they shall be separately seaeed,) p,,/ ~va+ ~ h.;/t.. ~t6. .' aw-ad I//< J;..vb~ ~~ ~dJ~ I~ ~ ~vpf-d <1 0+ f)'~~-f,~ ~ , Z/75. 06 . Arbitrator. dissents. (Insert name if applicable. ) Daee of Hearing: ~J1./ lo'J.- Date of Award: ~J / lfl<> "2- Chai= NOTICE OF Now. the l'f"'" day of ()..,'~ . ~.7/!J{):l,. ae 22t.. LL.~1., the above award. was entered upon the ~c and 1l0Cice thereof given iJy ail 1:0 the parties or tnei= actorneys. Arbitrators' compensation to be paid upon appeal: $ ;J.'1o.1J7J By: rhnT,~' If!..t ~. w-' Q . ~rothot1ocary Uf-"-- C. &<.I!e:.- , D epury ;'~;PI<.", "* ~~', """,'. aj2~i!:~~~M:I~~'}M';:'M~'*IM'Ii1.&'-';~~J-!~MIi\!~..i;i<g:.~%.!!li<i:1ilii4iiJj~1il~ '. ~ ~ 1:. /'VI.{.<...I{. ~Q'.~L"Ft.y, fV\(Jlu~O /02",",-(3~ ~.IY'o~ q. ~~,~. 35" J D I ~ jid.~)JJ.e, J?, ~~_i~ 13. a,~-L ~ q/JyjO.v v~ ~ \<" "'" "" ,~~. .~"',' ,~ ~~ ~ ','., ~-" '~ 8 '.0 -::.- fl.,) iJti3 [!l n~i <:::::rj ?-~ F2 ~~~ ~~- ~" _ ;0. ~8 ::i::: c:: :z: :< .J.> GO ~,~, =~, ~ : Ii II li I, 11 Ii ,I \1 II II 'I I ~ }i! 'I -I II !i II II I I I, II , , "'" (- c..::i I'd", ~ --;--; '~,J;! ~ '_,0---.- :~'JQ >1(:; /::R ;.;,.;:,~ (51"''[1 o-t J>o ::0 -< MARTSON DEARDORFF WILLIAMS & : OTTO, Plaintiff JOHN E. STULL and DORIS J. STULL, his wife, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- q~(~t NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July l0 ,2000 MARTSON DEARDORFF WILLIAMS & : OTTO, Plaintiff JOHN E. STULL and DORIS J. STULL, his wife, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2ooo- COMPLAINT AND NOW, comes the Plaintiff, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, MARTSON DEARDORFF WILLIAMS & OTTO, is a Pennsylvania professional corporation with its principal place of business at 10 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, John E. Stull and Doris J. Stull, his wife, are adult individuals residing at 2935 Blacks Schoolhouse Road, Taneytown, Carroll County, Maryland 21787. 3. Plaintiff, MARTSON DEARDORFF WILLIAMS & OTTO, has provided professional legal services to Defendants John E. Stull and Doris J. Stull from on or about July 28, 1997 to on or about August 3, 1999. 4. Plaintiffhas billed Defendants for these various professional services rendered on their behalf in the amount of $6,894.28. 5. The outstanding balance of $6,894.28 represents the reasonable and necessary value of the services provided to the Defendants and which the Defendants have yet to pay. A copy of the printout summary is attached hereto as Exhibit "A." 6. Despite repeated demands for payment, Defendants have not paid the outstanding balance of $6,894.28. COUNT I BREACH OF CONTRACT FOR PROVIDING PROFESSIONAL SERVICES 7. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 6 of this Complaint. 8. Defendants have breached an expressed or implied agreement to pay the reasonable value of the professional services rendered. WHEREFORE, Plaintiffdemands judgmem against Defendants in the amount of $6,894.28 plus pre-judgmem and post-judgment interest and costs. COUNT II QUANTUM MERUIT 9. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 8 of this Complaint. 10. The Defendants are liable to the Plaintiff and/or has been unjustly enriched in the amount of $6,894.28 plus pre-judgment and post-judgment interest and costs. WHEREFORE, Plaintiffdemands judgment against Defendants in the amount of $6,894.28 plus pre-judgment and post-judgment interest and costs. Date: July [(~ , 2000 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO i~r. kNoA.' ~);;1~ Esqulrffr- Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff VERIFICATION Ivo V. Otto, III, Esquire, who is Treasurer of MARTSON DEARDORFF WILLIAMS & OTTO and acknowledges that he has the authority to execute this Verification in behalf of MARTSON DEARDORFF WILLIAMS & OTTO certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the &document& is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. MARi~ARDORFF WILLIAMS Ivo~tto, III, EsSu~ire Treasurer & OTTO REPRINT OF BILLED DETAILS (as billed) Bill number 8778 Bill date Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taneytown, MD 21787 RE: J & J Recycling, Inc. FOR PROFESSIONAL SERVICES RENDERED DISBURSEMENTS 12/16/98 635 TOTAL FEES Hearing transcript TOTAL DISBURSEMENTS BILLING SUMMARY TOTAL CHARGES FOR THIS BILL -00001-027 BTW 01/21/99 $ .oo 443.60 443.60 $ 443.60 REPRINT OF BILLED DETAILS (as billed) Bill number 8778 Bill date Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taneytown, MD 21787 -00001-029 BTW 06/02/99 RE: j & J RecyclinG, Inc. FOR PROFESSIONAL SERVICES RENDERED 01/31/99 CCR 02/02/99 CCR 02/03/99 CCR 02/04/99 CCR 02/05/99 CCR 02/07/99 CCR 02/08/99 CCR 02/08/99 PL8 05/05/99 CCR Prepare materials for EHB brief. .20 hrs 125 Draft and edit post hearing memorandum. 1.50 hrs 125 Draft and edit post-hearing memorandum. 3.00 hrs 125 /hr Draft and edit posthearing brief. 1.00 hrs 125 /hr Draft and edit post-hearing brief. 5.00 hrs 125 /hr Draft, edit, and finalize post-hearing brief. 1.30 hrs 125 /hr Finalize post-hearing memorandum; draft letter to Environmental Hearing Board regarding memorandum. .30 hrs 125 /hr Preparing cover page and table of contents for Post-Hearing Brief of Appellant John Stull Preparing for mailing 1.10 hrs 40 /hr Telephone call from J.Stull regarding hearing. .20 hrs 125 /hr TOTAL FEES $ DISBURSEMENTS TOTAL DISBURSEMENTS BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL /hr 25.00 /hr 187.50 375.00 125.00 625.00 162.50 37.50 44.00 25.00 1,606.50 $ .oo $ 1,606.50 $ 1,606.50 REPRINT OF BILLED DETAILS (as billed) Bill number 8778 Bill date Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taneytown, MD 21787 -00009-002 BTW 10/08/98 RE: Junkyard Hearing FOR PROFESSIONAL SERVICES RENDERED 08/21/98 CCR Telephone call from J.Stull regarding junkyard hearing; telephone call to J.Yingst regarding junkyard hearing. .20 hrs 125 /hr 08/24/98 CCR Telephone call to D.J. Bowman regarding continuance; draft continuance letter; telephone call to J.Stull regarding continuance. .40 hrs 125 /hr 09/14/98 CCR Telephone call from J.Stull regarding hearing. .10 hrs 125 /hr 09/16/98 CCR Travel to Bonneauville; meet with J.Stull in preparation for hearing; attend district justice hearing; attend inspection at facility; return travel. 4.00 hrs 125 /hr 09/25/98 CCR Telephone call from J.Stull regarding district justice appeal. .10 hrs 125 /hr 10/06/98 CCR Prepare appeal to junkyard ordinance decision; review Second Class Township Code regarding right of Union Township to bring civil penalty action after judgment is entered on equity action. .80 hrs 125 10/07/98 CCR Finalize district justice appeal documents. .10 hrs 125 TOTAL FEES DISBURSEMENTS 10/07/98 630 Filing fee, Notice of Appeal TOTAL DISBURSEMENTS BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL 25.00 50.00 12.50 500.00 12.50 /hr 100.00 /hr 12.50 $ 712.50 55.50 $ ss.so $ 712.50 $ 55.50 $ 768.00 REPRINT OF BILLED DETAILS (as billed) Bill number 8778 Bill date Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taneytown, MD 21787 -00009-004 BTW 01/21/99 RE: Junkyard Hearing FOR PROFESSIONAL SERVICES RENDERED 10/12/98 CCR 10/23/98 CCR 11/10/98 CCR 11/12/98 CCR 11/13/98 CCR 11/24/98 CCR 11/25/98 CCR 12/06/98 CCR 12/06/98 CCR 12/07/98 CCR 12/15/98 CCR 12/16/98 CCR Finalize service copies of notice of appeal. .10 hrs 125 /hr 12.50 Telephone call from J.Stull regarding Union Township action. .20 hrs 125 /hr 25.00 Review complaint filed by Union Township; draft and edit entry of appearance; draft and edit letter to V.Neubaum. 1.00 hrs 125 /hr 125.00 Draft and edit verifications; draft and edit letter to J.Stull regarding Union Township appeal; telephone call from V.Neubaum; draft and edit answer and new matter for Union Township appeal. 2.20 hrs 125 /hr 275.00 Draft and edit counterclaims against Township of Union relating to civil rights. 2.00 hrs 125 /hr 250.00 Draft and edit answer and civil rights counterclaim. .30 hrs 125 /hr 37.50 Draft and edit complaint, new matter, and counterclaim for Union Township civil rights action; finalize pleading for filing and service; prepare exhibits for filing. 2.70 hrs 125 /hr 337.50 Review briefs and prepare for oral argument at Commonwealth Court. .50 hrs 125 /hr 62.50 Prepare oral argument for Commonwealth Court appeal. .80 hrs 125 /hr 100.00 Travel to Commonwealth Court; attend appellate argument court session; participate in oral argument; return travel. 3.50 hrs 125 /hr 437.50 Telephone call to V.Neubaum regarding Stull matters and files. .20 hrs 125 /hr 25.00 Telephone call to C.Mellott regarding Environmental Hearing Board briefing schedule; review Board rules for briefs; begin drafting REPRINT OF BILLED DETAILS 8778 -00009-004 BTW (as billed) CCR 12/23/98 CCR 12/29/98 CCR 01/13/99 CCR 01/18/99 CCR brief. 1.00 hrs 125 /hr Review motion for continuance; telephone calls from C.Mellott regarding extension of time. .20 hrs 125 /hr Review answer to counterclaim. .10 hrs 125 /hr Draft and edit reply to new matter; evaluate Second Class Township Code regarding township actions in equity. .90 hrs 125 /hr Telephone call to J.Stull regarding Commonwealth Court decision and Adams County action. .20 hrs 125 /hr Telephone call from J.Stull regarding disputes with Union Township. .20 hrs 125 /hr TOTAL FEES $ DISBURSEMENTS TOTAL DISBURSEMENTS BILLING SL~4MARY TOTAL FEES TOTAL CHARGES FOR THIS BILL Page 2 125.00 25.00 12.50 112.50 25.00 25.00 2,012.50 $ .oo $ 2,012.50 $ 2,012.50 REPRINT OF BILLED DETAILS (as billed) Bill number 8778 Bill date Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taneytown, MD 21787 -00009-006 BTW 06/02/99 RE: ~Junkyard Hearing FOR PROFESSIONAL SERVICES RENDERED 02/07/99 CCR 03/12/99 CCR 04/13/99 CCR 05/03/99 CCR 05/04/99 CCR 05/12/99 CCR 05/14/99 CCR 05/18/99 CCR 05/18/99 PL4 05/19/99 CCR 05/20/99 CCR 05/24/99 CCR 05/24/99 PL8 05/26/99 CCR Draft and edit letter to J.Stull regarding litigation progress. .30 hrs 125 /hr Telephone call from J.Stull regarding petition for contempt. .10 hrs 125 /hr Draft letter to J.Stull regarding hearing. .10 hrs 125 /hr Telephone call from J.Stull regarding junkyard contempt hearing. .20 hrs 125 /hr Telephone call from J.Yingst regarding Stull hearing. .20 hrs 125 /hr Prepare materials for contempt hearing; travel to Gettysburg; attend hearing; return travel. 4.50 hrs 125 /hr Review appellate rules regarding emergency appeals; telephone call from J.Stull regarding appeal. .20 hrs 125 /hr Telephone calls to D.Stull, J.Yingst, D.Hostetter, P.Funt, and E.Martin; draft emergency application for stay. 3.20 hrs 125 /hr UPS overnight mail letter .10 hrs 40 /hr Telephone calls from State Police, Doris Stull, and N.Grove regarding Littlestown Road property; review letter from Court Administrator. .30 hrs 125 /hr Review order of court; telephone call from D.Stull. .20 hrs 125 /hr Telephone call to J.Yingst; draft and edit Petition for Modification. .80 hrs 125 /hr Preparing Defendants' Petition for Modification of Order for filing; Letter to Adams County Prothonotary filing same .40 hrs 40 /hr Telephone call from J.Houseman regarding junk 37.50 12.50 12.50 25.00 25.00 562.50 25.00 400.00 4.00 37.50 25.00 100.00 16.00 REPRINT OF BILLED DETAILS 8778 -00009-006 BTW 05/27/99 CCR DISBURSEMENTS 05/27/99 689 (as billed) removal. .20 hrs 125 Telephone calls from D.Stull and to Dr. Posner regarding J.Stull. .30 hrs 125 TOTAL FEES United Parcel Service to Adams County Prothonotary 5/18/99 TOTAL DISBURSEMENTS BILLING SLrMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL Page 2 /hr 25.00 /hr 37.50 $ 1,345.00 5.18 5.18 $ 1,345.00 $ 5.18 $ 1,350.18 REPRINT OF BILLED DETAILS (as billed) Bill number 8778 Bill date Mr. and Mrs. John Stull 2935 Blacks Schoolhouse Road Taneytown, MD 21787 -00009-010 BTW 07/22/99 RE: Junkyard Hearing FOR PROFESSIONAL SERVICES RENDERED 06/16/99 BTW 06/21/99 BTW 07/01/99 BTW 07/02/99 BTW 07/06/99 BTW Telephone conference with Adams County Court Administrator regarding hearing on attorneys fees. .10 hrs 125 /hr Telephone conference with Mr. Stull regarding status of case and hearing on attorneys fees; Prepare Commonwealth Court docketing statement. .70 hrs 125 /hr Prepare for, travel to and attend hearing on Union Township's Request for Attorney's fees; Attend view of property; Attend conference with Judge Lipsitt and Attorney Yingst; Telephone conference with Mr. Leonard and Attorney Washburn. 3.50 hrs 125 /hr Telephone conference with Mr. Stull regarding outcome of attorney's fees hearing and transfer of files to Attorney Washburn. .10 hfs 125 /hr Review Judgment for awarding attorney's fees; Correspondence to Mr. Stull and Attorney Washburn .10 hrs 125 TOTAL FEES 12.50 87.50 437.50 12.50 /hr 12.50 $ 612.50 DISBURSEMENTS 06/10/99 63o 06/10/99 630 Filing fee, Adams County Prothonotary Filing fee, Commonwealth Court TOTAL DISBURSEMENTS 46.00 55.00 101.00 BILLING SUMMARY TOTAL FEES $ 612.50 TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL $ 101.00 $ 713.50 MARTSON DEARDORFF WILLIAMS & : OTTO, Plaintiff JOHN E. STULL and DORIS J. STULL, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 2000 - 4867 CIVIL AFFIDAVIT OF RETURN OF SERVICE BY MAIL On July 11, 2000, I mailed a tree copy of the Complaint by certified mail, restricted delivery, return receipt requested, to Defendants John E. Stull and Doris J. Stull at their address. Defendant Doris J. Stull signed the return receipt upon delivery and the receipt, attached here as Exhibit "A," was returned by the post office on July 20, 2000. I make these statements pursuant to 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities and understand that false statements may subject me to criminal penalties under that statute. MARTSON DEARDORFF WILLIAMS & OTTO M~k A. Denlin~, Esquir~ I.D. No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: August 3, 2000 CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson DeardorffWilllams & Otto, hereby certify that a copy of the foregoing Affidavit of Return of Service by Mail was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. John E. Stull 2935 Blacks Schoolhouse Road Taneytown, MD 21787 Dated: August 3, 2000 MARTSON DEARDORFF WILLIAMS & OTTO ~cq~line A. Decke/- Ten East High Street Carlisle, PA 17013 (717) 243-3341 SENDER: ~Artlcte Addressed to: ~Mr. and Mrs. Jo~n E. StuI1 ~2935 Blacks Schoolhouse Road tT.,~ul_~t;o~n, I~ 21787 I aiso wish to receive the follow- ing sen/ices (for an extra fee): 1. [] Addreseee's Address ,~ Restricted Detivery 2. Article Number Z 338 760 445 [] Registered .~Certified [] Express Mail [~ Insured [] RetumRecetptforMemhandise •COD 7. Date of DeNvery __ 8. Addreeeee's Address (Only if requested and feeispaid) 102595-99-B-0223 Domestic Return Receipt Z 338 760 445 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for I~temational Mail (See revers~ s~ John~E. Stull ~'~9~'~"~l~cks-'""'-~-'-- Schoolhouse R, )ad Po Office, S te,&ZlP ~ane~wn, c~ 21787 Exhibit "A" MARTSON DEADORFF WILLIAMS: & OTTO, Plaintiff VJ JOHN E. STULL, AND DORIS J. STULL, HIS WIFE, Defendant : NO 2000 4867 .. ._ _. .. .. 1.) Admitted. 2.) AdmiRed. 3.) Denied. Plaintiffs never provided any services to the defendant Dorris J. Stull. It is specifically denied that plaintiffs ever discussed, entered into, or were ever approached by Doris J. Stull for any professional purpose whatsoever. By way of further response the plaintiffs never billed or counseled Doris J. Stull on or for any legal matters. 4.) Denied that plaintiff billed defendants as is falsely alleged in the complaint. To the contrary, prior to this lawsuit, the defendants received only the last page of the billing that is an exhibit to the law suit (having a date of 07/22/99) in the amount of $713.50, which John Stall acknowledges and for which he will tender payment. By way of further response Mr. Washburn recollects no 3.5 hour 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANSWER conference on 07/01/99 and Mr. Stull does not recollect a .7 hour conversation with anyone at the finn, on 6/21/99 his being in jail at the time. 5.) Denied. The only hourly rate ever quoted to Mr. Stull (Mrs. Stull never spoke to or conversed with anyone at the firm regarding legal services) was $75.00 per hour by an attorney named Carl Rich. At the rate of $75.00 per hour defendants' total bill would be no greater then $4,136.57. By way of further response defendant does not agree that the bills charged in the complaint are detailed enough to understand, were jusfified~ or can be substantiated. 6.) Denied. Plaintiffs have not made repeated demands for payment at all. Prior to the complaint the only bill that the defendant John Stull ever received from plaintiffs was the last page of the "printout summary" filed with their complaint. That page subtotal is $713.50 which plaintiffwill agree to pay. COUNT I 7.) Admitted only as to the procedural aspects of this paragraph. 8.) Denied. This paragraph is false in that it implies both defendants contracted for legal services. It is false in that it implies that Doris Stull ever contracted with plaintiffs for services at all, and it is false in that it implies that the defendant John Stull contracted for professional services at $125.00 per hour. By way of further response, the plaimiffs have participated in actions not requested by John Stull. by way of further response the defendant(s) were never offered any written agreement contrary to state ethics rules and regulations that require attorney's, particularly those charging or claiming hourly fees, to write the terms of the fee agreement down and acknowledge the clients agreement with a signature. WHEREFORE the defendants' John and Doris Stull respectfully request that this Court deny plaintiff's request for judgement in the amount of $6,894.28. COUNT II QUANTUM MERIT 9.) This paragraph is admitted in the procedural aspects only. 10.) Denied. It is specifically denied that Don Stull is liable to plaintiffs for anything. It is denied that plaintiffs conferred benefits on defendants with the value of $6,894.28, and it is denied that defendants are liable for any interests or costs. NEW MATTER 11.) The defendants have no signed or written fee agreements with plaintiffs and never have had any such arrangement. 12.) The defendant Doris Stull never approached plaintiffs to request legal 3 advice or services and never received any from them. 13.) The defendant John Stull first agreed to accept services from Attorney Carl Rich of the plaintiff's law firm and Rich agreed to prnvide services at the rate of $75.00 per hour to John Stull. 14.) At no time have the plaintiffs indicated to John Stull or advised him that their services were billed at $125.00 per hour. 15.) Neither John nor Doris Stull can find any telephone records that confirm the telephone calls reflected in plaintiff's erroneous billings and upon information and belief allege that they never spoke to plaintiffs on the dates indicated. 16.) The only bills from defendants complaint that either defendant John or Doris Stull received from plaintiffs was the bill dated 7-22-99 in the amount of $713.50. WHEREFORE defendants are requested to respond to the new matters averred by plaintiffs above. AFFIRMATIVE DEFENSE OF THE DEFENDANT DORIS STUI There was and is no privity of contract, or Attorney client privilege, 4 between the plaintiff law finn (or any of its attorney's ) and the defendant Doris Stull. SECOND AFFIRMATIVE DEFENSE OF THE DEFENDANT DORIS STULL The Defendants have engaged in the Wrongful Use of Civil Procedure. They have also engaged in an abuse of legal process. THIRD AFFIRMATIVE DEFENSE OF THE DEFENDANT DORIS STULL The plaintiffs' billings are inaccurate and unreliable and do not apply to Defendants. FIRST AFFIRMATIVE DEFENSE OF THE DEFENDANT JOHN STULL The Defendants billings are inaccurate and unreliable and do not apply to the defendant John Stull. Respectfully Submitted, D~fi~aiJe~'~ID# 23~86 4311 N. 6t~ Street Harrisburg, PA 17110 (717) 221-9500 6 VERIFICATION foregoing Answer and hereby confirm that it is tree and correct to the best of our knowledge, information, and belief. We are aware that making false representations to Authorities is a violation of law and intend to be legally bound. Dated: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Document was served upon the following counsel of record by United States Mail, postage pre-paid on the 7th day of September 2000. Ivo V. Otto, Esquire Mark A. Delinger, Esq. Ten East High Street Carlisle, PA 17013-3093 D~n B~ley, ~ '"' ~ 4311 N. 6th Street ~ Harrisburg, PA 17110 (717) 221-9500 MARTSON DEARDORFF WILLIAMS & OTTO, Plaintiff JOHN E. STULL and DORIS J. STULL, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 4867 CIVIL PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER 11. 12. 13. 14. Denied to the contrary. It is specifically denied that Defendants had no agreement with Plaintiff for the provision of legal and professional services. At all times, in conjunction with those matters reflected in the bills attached to PlaintiW s Complaim, Plaintiffprovided legal and professional services to Defendants at Defendants' written and oral request, in exchange for payment for said legal and professional services.. Denied to the contrary. It is specifically denied that Defendant Doris Stull never requested legal services from Plaintiffand it is specifcally denied that Defendant Doris Stull never received any such services. To the contrary, Defendant Doris Stull specifically requested and received legal and professional services on behalf of her husband and herself in conjunction with the various environmental, real estate, credit and other matters elaborated in the bills attached to PlaintiWs Complaint. Admitted in part and denied in part. While it is admitted that Defendant John Stull requested and obtained legal services from Carl C. Risch, Esquire of PlaintiWs law firm, it is denied that such services were stated or billed at a rate of $75.00 per hour. Denied to the contrary. It is specifically denied that Plaintiff never indicated or advised Defendants that its legal services were billed at a rate of $125.00 per hour. At all times, in conjunction with those matters reflected in the bills attached to Plaintiff's Complaint, Defendants were informed and agreed to the provision of legal and professional services by Plaintiff at the rate of $125.00 per hour. 15. Denied to the contrary. It is specifically denied that Defendants did not speak to Plaintiff on the days indicated in those bills attached to Plaintiff's Complaint. It is further denied that said billings by Plaintiffare erroneous or deficient in any manner or scope. 16. Admitted in part and denied in part. While it is admitted that the Defendants received the bill dated July 22, 1999, for the amount of $713.50, it is specifically denied that this bill dated July 22, 1999, is the only bill which Defendants received from Plaintiff. By way of further answer, the Defendants received all the bills attached to Plaintiff's Complaint for legal and professional services rendered by Plaintiffand none of these bills have been paid by Defendants to Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor as directed in their Complaint. Date: September 27, 2000 MARTSON DEARDORFF WILLIAMS & OTTO l~'ark A. Denling~, ,~rEsquire ~.D. No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Don Bailey, Esquire 4311 North 6'h Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO ~J~ne A. Decker Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 27, 2000 MARTSON, DEARDORFF, WILLIAMS & OTTO, Plaintiff JOHN E. STULL and DORIS J. STULL, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2000-4867 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Carl C. Risch, counsel for the Plaintiff in the above action, respectfully represents that: I. The above-captioned action is at issue. 2. The claim of the Plaintiffin the action is $6,894.28. The counterclaim of the Defendant is in the amount orS0. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: William F. Martson, Esquire, John B. Fowler, III, Esquire, Edward L. Schorpp, Esquire, Daniel K. Deardorff, Esquire, Thomas J. Williams, Esquire, Ivo V. Otto, III, Esquire, George B. Faller, Jr., Esquire, Carl C. Risch, Esquire, Mark A. Denlinger, Esquire and David R. Galloway, Esquire, attorneys for Plaintiff, and Don Bailey, Esquire, attorney for Defendants. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted,  RFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 PA ID Number: 75901 ORDER OF COURT qANDNOW, ~?.r~,/'.ct~ ~, in consideration of the 2002, foregoing Petition, uire, ~:~~/~, ~~.~'~.~,~:~..J~squire, are appointed arbitrators in the above-captioned action as prayed fo~. By the Court, F:~FILES\DATAFILE\Gendo¢.cur\8778- I 0.pet ~ p.J. CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that a copy of the foregoing Petition for Appointment of Arbitrators was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Don Bailey, Esquire 4311 North 6~ Street Harrisburg, PA 17110 MAR~~F WILLIAMS & OTTO Carl C. Risch Ten East High Street Carlisle, PA 17013 (717) 243-3341 I.D. Number 75901 Dated: June 6, 2002 MARTSON, DEARDORFF, WILLIAMS & OTTO V. JOHN E STULL and DORIS J. STULL, his wife IN RE: APPOINTMENT OF ARBITRATORS IN THE COURT OF COMIV : CUMBERLAND COUNTY, : 00-4867 CIVIL TERM ORDER OF COURT AND NOW, June 20, 2002, the appointment of Willi as chairman of the arbitration panel in the above-captione and Stephanie Chertok, Esquire, shall be appointed in Beckley, Esquire, and Michael Badowski, Esquire, shall rem; By the Court, ON PLEAS OF )ENNSYLVANIA m Addams, Esquire, d matter is vacated, his stead. Elizabeth ~in as arbitrators. Stephanie Chertok, Esquire Chairman of the Arbitration Panel Court Administrator C,--harland County, Pe~yLvan/a swear (or affirm) chat ye will support, obey and defend ,~ discharge :he ~ucies of our off~cm ~ch fideli~. ~e. :he undersigned arbitrators, hav~n~ been dul7 appointed and sworn (or aff~.rmed), =mke :he follow~n~ award: (No=e: If d~ for dele7 are awarded, =he~ shall be separacel7 scaC~. ) applicable. ) Date of Eear~_n~: ~/~/o % . ~_rbicraCor, dissents. (Inset: name if NOT!CZ. OF K~'~.-x~ OF/AWARD Ar~icrators' com..anser!on co be paid =pon appeal: Oe~u~ MARTSON, DEARDORFF, WILLIAMS & OTTO, Plaintiff JOHN E. STULL and DORIS J. STULL, his wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-4867 PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned matter settled and discontinued and issue a certificate reflecting same. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By /,~~~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Respectfully submitted, DON BAILEY, ESQUIRE By~ Do Attorney I.D. No. 23786 4311 N. 6th Street Harrisburg, PA 17110 (717) 221-9500 Attorney for Defendants Dated: August 14, 2002 FILED--OFF, C~ 02 JU~ 2 O AH 9: ,q 3 PENNSYLVANA ¢