Loading...
HomeMy WebLinkAbout07-1063 BARBARA SUMPLE-SULLIVAN, ESQUIRE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ERIC J. MANDERBACH, Defendant NO. 0 7- 14 G 3 NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading 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, Pennsylvania 17013 (717) 249-3166 BARBARA SUMPLE-SULLIVAN, ESQUIRE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC J. MANDERBACH, Defendant CIVIL ACTION NO. 6 7- /0 ?, 3 e4,a -7--e---- COMPLAINT 1. Plaintiff is Barbara Sumple-Sullivan, an individual transacting business at 549 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Eric J. Manderbach, an individual residing at 102 Excaliber Circle #303, Fredericksburg, Virginia 22400. 3. On or about July 25, 2004, Defendant contracted with Plaintiffto represent him in divorce, support and custody matters. A copy of said agreement is attached as Exhibit «A» 4. Said agreement provided that Plaintiff is to be compensated the sum of $150.00 per hour for work by Plaintiff, $65.00 per hour for work by paralegal staff as well as pay all costs and expenses associated with the case. 5. Plaintiff has expended 130.10 hours of billable hours on behalf of Defendant. 6. Plaintiff has repeatedly failed to pay for legal services in full. 7. Defendant currently owes the Plaintiff TEN THOUSAND THREE HUNDRED EIGHTY DOLLARS AND 48/100 ($10,380.48) for services provided and costs incurred. 8. Defendant has failed to make payment on his outstanding legal fees since May 1, 2006, despite repeated demand. WHEREFORE, Plaintiff requests judgment in the amount of TEN THOUSAND THREE HUNDRED EIGHTY DOLLARS and 48/100 (10,380.48) plus interest and costs of suit. Dated: February 27, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Exhibit A LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 TO MY CLIENTS: POLICY REGARDING SERVICE, FEES & RETAINER Quality legal service requires skill and time. My skill and time is my "stock in trade" -- and generally my fees are based on skill and time expended. It is always proper for you, my client, to discuss fee arrangements, progress in the matter or details of a particular bill. It will help you and I if you would read this explanation and discuss any questions you may have. TYPES OF FEES CONSULTATION: For an initial consultation, charges primarily will be based on the time I spend with you. If my consultation reveals that I need to study the law or facts of your case further before I decide to take it, I will discuss this further step, and the fee, if any, with you. STANDARD FEES: I will quote a fixed fee for some standardized services such as the drafting of routine deeds and wills. CONTINGENT FEES: In some situations involving lawsuits for recovery of a sum of money [personal injury suits, for example] I will receive a fixed percentage of the total recovery as compensation for handling the case. However, all expenses must be paid by you and kept current on a monthly basis. VARIABLE OR HOURLY FEES: Inmost matters I will charge an hourly rate of $150.00. In order to provide cost effective representation, some of the work in your case may be performed by my paralegal, whose hourly rate is $65.00. I shall be pleased, however, to furnish you with an idea of the approximate time I will spend on the matter. However, this figure can only be a rough estimate. I reserve the right to increase these rates during the scope of my representation, especially if said representation extends for a lengthy duration. You will receive thirty (30) days advance notice ofany rate increase and you would have the right to terminate the services of my office should you desire. RETAINERS: This office requests a $1,500.00 retainer fee. The fee is generally a deposit for costs and expenses which I expect to incur when I agree to proceed with your domestic matter. The retainer is non-refundable. CHARGING: My office will keep accurate records of the time expended and services performed on your matter. When I send you my bill, I will specify the time spent on your matter, how it was spent, and the charge for that time. In addition, you will be billed for actual disbursements I make on POLICY REGARDING SERVICE, FEES & RETAINER Page 2 your behalf. BILLING: You will be billed through the 15th of each month. I expect payment within 30 days. Balances unpaid by the 15th of the subsequent month will be charged interest at the rate of 1% per month. This additional charge is for the added costs associated with handling delinquent accounts. Payment in full with each bill received will avoid the interest charge. In the event that a check is returned for non-sufficient funds, an additional $25.00 charge will be incurred by you. MOST IMPORTANT, IF YOU HAVE ANY QUESTIONS, PLEASE ASK THEM!! I understand and agree with the foregoing policy regarding service, fees and retainer and payment schedule. Date Eri?cJ.Mn ach F Dat BARBARA SUMPLE-SULLIVAN, ESQUIRE EIN # 23-2516430 549 Bridge Street New Cumberland, PA 17070-1931 BARBARA SUMPLE-SULLIVAN, ESQUIRE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ERIC J. MANDERBACH, Defendant NO. VERIFICATION I, Barbara Sumple-Sullivan, Esquire, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: February 27, 2007 Barbara Sumple-Sullivan, Esquire n ? M CID r7l t 1_. T L .-5 Gat P .ry BARBARA SUMPLE-SULLIVAN, ESQUIRE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC J. MANDERBACH, Defendant CIVIL ACTION NO. 2007 - 01063 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter judgment in favor of the Plaintiff and against the Defendant above named for want of Answer as required. The Complaint was initially filed on February 27, 2007. The Complaint was served on March 6, 2007 by the Cumberland County Sheriff. (Return of Service is attached hereto as Exhibit "A.") A Ten (10) day Notice to Enter Judgment was served by Certificate of Mailing to the Defendant on April 9, 2007. (Attached as Exhibit "B") No Answer had been filed. Certain ascertainable damages were set forth in Plaintiffs Complaint. These damages were Ten Thousand Three Hundred Eighty Dollars and 48/100 ($10,380.48). WHEREFORE, Plaintiff requests that Judgment be entered in her favor and against Defendant in the amount of Ten Thousand Three Hundred Eighty Dollars and 48/100 ($10,380.48). Dated: April 20, 2007 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EXHIBIT "A" SHERIFF'S RETURN - REGULAR CASE NO: 2007-01063 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUMPLE-SULLIVAN BARBARA ESQ VS MANDERBACH ERIC J RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MANDERBACH ERIC J DEFENDANT at DIVORCE MASTER the , at 1212:00 HOURS, on the 6th day of March , 2007 9 NORTH HANOVER STREET CARLISLE, PA 17013 by handing to ERIC J MANDERBACH 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/07/2007 BARBARA SUMPLE SULLIVAN By: L:Z? Deputy Sheriff of , A. D. EXHIBIT "B" LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1951 PRONE (717) 774-1445 FAX (717) 774-7059 April 9, 2007 Mr. Eric J. Manderbach 102 Excaliber Circle Fredericksburg, VA 22406 Re: Barbara Sumple-Sullivan, Esquire v. Eric J. Manderbach r Docket No. 2007 - 01063 P / Cumberland County Dear Eric: Enclosed constituting service on you is the Notice dated April 9, 2007. Please review this matter with your counsel. Sincerely yo s, - Barbara Sumple-Sullivan BSS/lh Enclosure U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 One piece of mary mail addressed to: -Free ??'', ' 6?r/ G?? :?2y? d w co 0 ¢ ¢ o L i J i ° a¢mam a MCC C2 U a o ? ¢ o 3 W Z U qp ° N N O O O j O C PS Form 3817, Mar. 1989 BARBARA SUMPLE-SULLIVAN, ESQUIRE Plaintiff V. ERIC J. MANDERBACH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 2007 - 01063 NOTICE TO: Mr. Eric J. Manderbach 102 Excaliber Circle Fredericksburg, VA 22406 DATE OF NOTICE: April 9, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THE ABOVE REFERENCED CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249>" Barbara Sumple-Sullivan, Esquire Attomey for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 BARBARA SUMPLE-SULLIVAN, ESQUIRE Plaintiff V. ERIC J. MANDERBACH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2007 - 01063 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRAECIPE TO ENTER JUDGMENT OF DEFAULT, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Eric J. Manderbach 102 Excaliber Circle Fredericksburg, VA 22406 DATED: April 20, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff O ? Q iJ' C:a 94 94 Cyr; f? SHERIFF'S RETURN - REGULAR CASE NO: 2007-01063 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUMPLE-SULLIVAN BARBARA ES VS MANDERBACH ERIC J RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MANTTFRRAr-T FRTC T the DEFENDANT , at 1212:00 HOURS, on the 6th day of March , 2007 at DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 ERIC J MANDERBACH 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 31x416`7 C?_ ./ 32.80 Sworn and Subscibed to before me this day of , So Answers: , R. Thomas Kline 03/07/2007 BARBARA SUMPLE SULLIVAN By L?121 Deputy Sheriff A. D.