HomeMy WebLinkAbout97-01493r
,Q
.d
7
J
~yT
V
~~~
r
Qf
SNELHAKER, BRENNEMAN &
SPARE, P. C.,
Plaintiff
v.
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS GIAMBILIS, and
GIAMHILIS ENTERPRISES, INC.
t/d/b/a CAMP HILL DINER,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 97-1493 CIVIL TERM
CIVIL ACTION - LAW
Please mark the above-captioned action settled, discontinued
and ended with prejudice upon your docket and indices.
SNELBAKER, HRENNEMAN & SPARE, P. C.
By; l ~ultc.~--~-•
Ke t O. Brenneman, Esqu re
44 West Main Street
Mechanicsburg, PA 17055
(717) b97-8528
4.w ornc[•
$NEI p~K[11.
811[N N[N~N
a SMKC
Date: December 1, 1997
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing Praecipe to be served upon the person and in the manner
indicated below:
FIRST CLysSS l4AIL POSTAGE PREPAID ADDRESSED AS FOL•L~WS•
William T. Smith, Esquire
3747 Derry Street
Harrisburg, PA 17111
i~~
Keith o. Brenneman, Esquire
SNELBAKER, BRENNEMAN i SPARE, P. C.
44 West Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Date: December 1, 1997
\.M O.nck~
SN[l M[[R,
OR[N NE WN
4 $?[RE
~-, n
<-
.:,r i
.i
~ .;;
~
_._ t
~-
~
'
a
_. -
:,i
'' :.v , ;
••
cr
Q\W PS 1\AfM1ilfuliun\tinrlbuker\1uliir
SNELBAKER, BRENNEMAN 8 SPARE, P.C., : IN THE COURT OF COMMON PLEAS OF
Plalntitf CUMBERLAND COUNTY, PENNSriVANIA
v.
NO: 97-1493 CIVIL TERM
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS GIAMBILIS, and
GIAMBILIS ENTERPRISES, INC.,
t/d/b/a CAMP HILL DINER,
Defendants
You are hereby notified that the Board of Arbitrators appointed by the Court in the above-
captioned case will sit for the purpose of their appointment on Wednesday, October 22, 1997 at
1:30 p.m., in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Cumberland
County, Pennsylvania.
Date: August 11, 1997
COPIES T0:
BOARD OF ARBITRATION
Jam s D. Flower, Esquire, Chairman
Edw d L. Schorpp, Esquire, Arbitrator
Dale F. Shughart, Jr., Esquire, Arbitrator
Mr. Richard Pkrce
Cot>rt Administrator
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
cariisle, PA 17ota
Keith 0. Brerureman, Esquire
SNELBAKER. BRENNEMAN 8 SPARE, P.C.
445 West Main Street
Mechanicsbluq. PA 17055
Attorney for Piafntitts
WWiam T. Smfth, Esquire
3747 Gerry Street
HarrisMxp, PA 17111
Att+Nneyt for Dehrrdant
C\W PS I\Afiilraliun\tinrl6ukrr\\uucr
F~~f copy
SNELBAKER, BRENNEMAN & SPARE, P.C., : IN THE COURT OF COMMON PLEAS OF
Plalntltt CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO: 97-1493 CIVIL TERM
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS GIAMBILIS, and
GIAMBILIS ENTERPRISES, INC.,
t/d/b/a CAMP HILL DINER,
Defendants
You are hereby notified that the Board of Arbitrators appointed by the Court in the above-
captioned case will sit for the purpose of their appointment on Wednesday, October 22,1997 at
1:30 p.m., in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Cumberland
County, Pennsylvania.
Date: August 11, 1997
COPIES T0:
Mr. Richard Place
CouR Adrttlniatretor
CUMBERUWD COUNTY COURTHOUSE
One Courtholne Square
Carlisle, PA 17013
Keith 0. Brarulerran. Esquire
SNELBAKER, BRENNEMAN 8 SPARE, P.C.
us west Male b'treet
MxMnk:aburp, PA t705S
Ariomey for Plainttfh
WAllam T. Smkh. Esquire
X717 Derry Strea
Harrfsburp. PA 1711 t
Anorneye for DNendant
BOARD OF ARBITRATION
Jaamm~sS D. Flower, Esquire, Chairman
Edward L. Schorpp, Esquae, Arbitrator
Dale F. Shughart, Jr., Esquire, Arbitrator
SNELBARER, BRENNEMAN AND .
SPARE, P.C. ;
V.
~ NICHOLAS GIAMBILIS, DIMZTRIOS s
TSITSIRIS, GUS GIAMBILIS, t
i AND GIAMBILIS ENTERPRISES, s
INC. t/d/b/a
BILL DINER =
IN REs VACATE ARBITRATOR
IN TEE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 96-5685 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, AUGUST 27, 1997, the appointment of Edward
Schorpp, Esquire, is hereby vacated and Georqe B. Faller, Jr.,
Esquire, is appointed in his stead.
By the Court,
ld E. Sheely, P.J.
James D. Flower, Esquire
Chairman
Court Administrator
:eld
LAW OFFICES
FLOWER, MORGENTHAL, FLOWER & LINDSAY
n iw. n iawusni. ,} ~~n ~Kn i r s
I 1 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 1701:1-3UIG
IAMES D. FLt1WER IIIIiISCII & MUIi(iGYI'11A1.
RULER M. MORGFI.'I1NL (717) NS•5.51.1 (1975.19113)
JAMES D. FLOWER 1R PAS: (71711J.1-tdlu
CARUL I. LINDSAY 17.tIWIi1L KRAMC:R
WORGEM7lA4 R 1•U1WIiR
(19LL5•Fr7J1
August 11, 1997
Keith O. Brenneman, Esquire ~'t /+ wOP~
SNELBAKER, BRENNEMAN & SPARE, P.C. (~ C /v-•
445 West Main Street
Mechanicsburg, PA 17055
William T. Smith, Esquire
3747 Derry Street
Harrisburg, PA 17111
RE: Snelbaker, Brenneman & Spare, P.C. v.
Nicholas Giambilis, Dimitrios Tsitsiris,
Gus Giambilis, and Giambilis Enterprises, tnc.
t/d/b!a Camp Hill Oiner
Cumberland County - 97.1493 Civil Term
Oear Gentlemen:
The Arbitration in the above matter has been scheduled for Wednesday, October
22, 1997 at 1:30 p.m., to be held in the second floor hearing room of the Old Court
House, as set forth in the attached Notice.
Thank you for your attention to this matter.
Very truly yours,
FIDWER, MORGENTHAL, FLOWER & LINDSAY
James 0. Flower
JDFhjb
Encbwra
ee: Richard ftierea, CtJtxt Adrtr+ustgta Iw<'tmctl
Edward L. $elwrpp, Est). Iwh+xq
Dale F. Shuphart. Jr., Esq. (w/anti)
~^
PRAECZPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the nett Argurt~nt Court.
CAPTION OF CASE
(mire caption must be stated in full)
Snelbaker, Brenneman & Spare, P.C. ,-; w ~
~- J h
Plaintiff - -s --+
-.,, --~ '." -n
~!!• : y
.. _
(Plaintiff) =':
r ~ ?~
_' :v ~~~~
Nicholas Giambilis, Dimitrios Tsitsiris, ~ ~;
Gus Gaimbilis and Giambilis Enterprises, Inc. ~ {
t/d/b/a Camp Hill Diner, Defendants
(Defendant)
ND• 97-1493 Civil Term 19
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
dertturer to cartplaint, etc.):
Defendants' Preliminary Objections to Plaintiff's Complaint
2. Identify counsel win will argue case:
(a) fcs plaintiff: xeith O. Brenneman
Address: d4 W. Main Street
Mechanicsburg PA 1755
(b) for defendant:
Address:
William T, Smith
3747 Derry Street
Harrisburg PA 17111
3. I will ratify all parties in writing within tw days that thin case has
ban listed for argument.
{. Arg~me~t Court Date: May 78, 1997
Oeted: April I9, 1997 ~ Attoctfey far plaintiff
C~~'1i1~NKEALTH wf•" PEa{Tii3"fL`+'A`iIA:
('.inl lt~T7 ilr i.:U~6t. ~\t..A{t i!
'-~7{t.LNAb:rF,` ET AL
V~;.
G;AMB.L1-; i{IGH!~LA'~ M'T A;.,
t;ATtt'i ) CAFY't,'R _.~__ ~_~___ _.., `"°=•i.xf ~: ~~Du±y ~h~^ri2f r.~t
i_UM6E.R: ANCt (aunty. °~ nn=y..ar:aa, vF;t~: `Fi ;,3 -!,a.{ ~vrar:= 3.cc~r~im;
to , •~ -r~nPp
Iav ~~ys 't;z vi,..:-, ::. __._: A ~ t' _._ ___ vas served
upon GIAMBILI5 NCCHtti_A"; r ~~;~? "-.,t?F' F±1t,L DTCi.t~: ______~ _._~_.__ ~E!'-'
d=fend3nt. Bt jZy+GT i~9 4:_f ~'.. ~~=r~ .ii G' _~{t!; :jq~ rr w3r C~
+"AIiF' HILL rA i^t~91` ..___~_.__._.~~__..__.___~_.___..___,__~____•-t!~8'-".l+t.ANC!
aunty. Tenn>-yv3r;.~. ty t,~::Y,:;~ t;: i~.tt! R:C,`>> T~;I?=IEI';: pER~C;k~
;!d ~NARIiG Ai Ti*:E C?F ~ERy'i'--.-%
a `.rue 3r.~ 3r t.=stud e:::t,, a*_ +t:~: :-,-f"?r':.A1}dT
3nrj 32 the ~3ma T j.m@ ~1 .rte?'." 1F;» "15 at. '. ~~nt lr_'.'i tfr ij}:. CGntents the TEOf.
`~ Lfi ~a_ts: fir: sn rer~: ~ „a~"-'~'~`
F?r r•. cs -i
A`fid3vi+ ~ af-
__:r h3rae ...'t ~ n_~a=-FTine""~ ~fieri
-£"'r3:''~~?:C~'Lr".AttEz; E?i:EttNE:l;Ali & ''PARE
b •,-
.~......_ 4' ~ U J @ __
~? .... _. _r._ _
~:~~I1Mi~;iWtALtN ~Jr PaNtJ;;XEr~Ar+I1r;
rr~tNTY L~F GLIMi??-:;ZLAI{Cs
,r,~'
~IA~i!ILIS HIr'NULA`= f°f AL
i:z:C~~.s~ie'r_
_g,~TNY T. C:ARP~P _~..._. ~__ r';erlff c:r F~a+P~tp ~},~~-Yif of
CUMBfiRLAMP rr4unty, Penn ?1=ra;it vh~~ kei^:~ ~u2v,s3vt.tr arcordrn~
'." iav, r+el}'3, fhe vl!h:r: *. 1"f'j.RIlJT
.~.,______ ..._.._ _.,._.. ._..e._.._.. ,__._____ Yaa ~er~aer~
u~.nn GIA_,_ Mg1,~,~ ti'' F`.'f~R~....~_ ~i~~ = r.'~.'>'~}, A .s:riILL i~Iti -
---~~fi_. the
dat~r.~ant. at i~+~s~!~! Nti~~`R~. on ?h~ -
«h ds,, ~. march
I:'9~ at 39$W :=IriF5Cr11 F"t;Fi_____ Ri'_.,.fi~'•gn __„__W__.__.._ .~.,
~'FrliP NILL PA 1^C~11 _~_...___ _.~ .~UMBERLA~t-~? _~
+_o:~nty. Pen;,sylwania, by h3n„7zr;q rr. C.EtSiTRIOU~ TSIT~IRIS PERSON
I'~ ~"HARG+ AT TIM£ r+r "_,EkVir;.E _
a ±: ue and attesCPd rock' =?` *h~ '~{~NPLAINT
a::1 at the aam? time .iirac~in~ Hsz; a'r_en'i,~+r, t_n the cantent~ thereof.
':herrSf'~ Cc3sta: :,i0 ar=vezss
A Z f 1 ~ a V ~, t ~a kl ~ °t Y ro' J.Y.riy.er~ X' ...c..~'°°~C_
;~rrharJF <.~4~ F'i~'-T'fi~ma3-; ine. sr
:"tl~.LAAt;?:R ~Rf;NNEtlAN b SPARE
by
__ C Y e a
..,._..
- __41 _. ~ .::.
____ s=ue.. ~_~~"~=r~~ ~~
4y
"_~i{1:F'IF •;_ hETG?€itt ~t:LL+LAn
CA~_~r: ttFa: 1997-Q19'33 P
CL?t7H4NMt'ALTH ttF' Pk;Ht(~YIVAt{IA:
CU;INTY Ut CUMBERLANC!
vJ.
GIAMN1L15 NICHULA~ r:T AL
._KA('HY T. CARt'tR , ches'3ff ur ~c~uty Sheriff +~f'
!:UMHEfcLANL! County. Penn.yivansa, vhf b~tna duly 3xnrn a:_<<i~rding
*.n lax. says. thexzthln C!)if4'L:AIyT ...,_. xag served
upon TSITSIRIS C~It1I1RI~s~ T. ;)r~,iA CA1":F' 13iL1. L~+tk_fti the
dvfhndant, at 13~v~:r?+~! H?ivFi'u, an tha 'z~i,_tr day :~f ttarct,
l''y' at 343y SItSF'~QN Fr:FipuY H(?AC
CAt1F HILL. FA 1 ~5S _. _ ': B ~,.ANLk ,,,
eunty. Penns~ylvanla. #sy tiar:dxrig 4 a I}It"TTRICrU3 T-ITaIRIG.
a true and attested copy rf t;ae !=~afFLAtEiT
__
and at the same time dirscr.s„n~ His att=nt:on tc *.he ~,onter:ts thereof.
'~.hertff's Gcsts: '',_ ~,nsxerss
Llnr}eetlnS~ t;. iA;3 ,~s,/
Service . k~~ .~~'a±~s_~,•-=+=C ./^yl~:.r~
Affidavit , ~'+4~.
`>ur^har~7e ~. 3~ ~ ,. r_; ~lma~ .. i. r; u"., "'"~{-: r?rx_i
``'x;E,' ~A^i;,^' £1=EtIN1vMAti 5 w.f'AFr
v;"• ti : iii '' 1 ~~~?]"
S K'ir [. i".. :.UF' .., '.tee-! r... V.k pfR.
~._ ~,, ;:
. _ ~ ~ t`.z
_ 41 .<.
_I IwjMI,l~#~A 4'.~~_f t# Ilf'- ~"~'ai ~i'i ~2 i.. ~~.~}.~'~A.A:
~.NI ~. <ii ":. !'.h ., ids.
;' G•.
_ ~~;~~r .
F.'. T~, ~'Fnpb ~'.: ;C1 i,' Yi 4'Y 1I f, v;av ~+wl'; s3 i1V's ;r ~XCe 2'fe 8~c:.'rr+]`lti~
}'1 3.3vr 3$~~:r t!y;~+ .y- Y~;iu t .2i .'~i:;{ .s o:"ei"'::t5 ilti'f Sft~ULrJf ~4r tl'1E' X1tCi1n
,' art P`~rfiirl3il'.. 4,: vlf.. r~~:".,,.~._, ~ -.....~..i~.' _ _"i `i~'A
.. '.; !. vda '3n3t'~•a }'. _-: I.~."'3`P t~`_r+ ltt wlF_ 1l sii i.lMls°k, ##e theref ilTE'
d=-r•.«t1_e<3 ±.t;~ ~?:er,tfi of ~._._ t#C?RiHA".F'ii_;h !°4utkty• fi'enrsylvanla.
~t~ ~5rr1I I3Lh,~~1 3 µ..._.._-_.._..~. ttsi~ c~+., ir.. +~ ras ~n receipt of
•.'.c a*.*~;_tseci retu:, Ir ~_ ~+:+%NRtS °•~,4 Cpunty, Pennaylvan}a.
.. ~
r r.,, pryt P: tj i.. .a~a
uC .'.3t 7tr ~e~ it. ~n?3~ ^.t 1t1Pr ~1~1"1. ..
:r;-~n , ru, caw:~:i; ~'.r~r#~~#~nar# s ~Pn~ce
t y~ . ~ >- ,
. In The Court of Common Pleas of Cumberland County, Pennsylvania
Snelbaker, Brenneman b Spare, P.C.
VS.
Gus Biambilis t/d/b/a Camp Hill Diner
No. 97-1493 Civil 19_
Now, Mar . 24 . 19,1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Nor thamoton Connry to a:eentr this Writ, this depntrNon being made nt the request nod r4k of the PlalrtifL
Sheriff of Cumberland Connry, Pa.
Affidavit of Service
Now, ~fi'~G ~ 19~, at 1 ~M o'ebelc P M, served the
Soarswen,
.$-. o
o/-/~~Cannty, Pa.~~
costs
Sworn and snSseribtd before
me this dry ot_
seavlcE s
19 MILEAGE
AFFIDAVIT
S
attested copy of the ori=iral wR. T nog mane tmown m
~i ~ ~ the eonterb tbereoG
_-.
SNELBAICER, BRENNEMAN & IN THE COURT OF COMMON PLEAS OF
SPARE, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
Pidoti(f
N0.97-1493 CIVIL TERM
v.
CML ACTION -LAW
NICHOLAS GIAMBILIS, DiMITR10S
TSITSIWS, GUS GIAMBH.IS, AND
GIAMBH.IS ENTERPRLSES, INC.
Ud/b/a CAMP HILL DINER,
DefrndaaU
DEPENDANTS' PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
Defendants, Nicholas Giambilis, Dimitrios Tsitsiris, Gus Giambilis, and Giambilis
Enterprises, Inc, t/d/b/a Camp Hill Diner, by their undersigned attorney, preliminary object to
Plaintiffs Complaint pursuant to Pa. R.C.P. 1028(ax3) as follows:
SCANDALOUS AND IMPERTINENT MATERIAL
1. Paragaphs 7,8,9,10,1 1, and 12 contain scandalous and impertinent matter, in that,
the allegations in these paragraphs are immaterial and inappropriate to the proof of the cause of
action.
WHEREFORE, Defendant demands that this Preliminary Objection be granted and that
the scandalous and impertinerrt material in paragraphs 7,8,9,10,11, and 12 be removed from
Plaintiffs Complaint.
PRELIMINARY OBJECTION RAISMG INSUFFICIENT
SPECIFICITY OF PLAINTIFFS COMPLAINT'
2.. Paragraph 15 of Plaintiffs Complaint alleges that Plaintiffprepared an invoice
which is attached as Exhibit "B" and incorporated into the Complaint by reference for 130.5 hours
of legal services rendered on Defendants' behalf. Pa. 2C.P. 1019(f) requires that averments of
time, place and items of special damages shall be speafically stated. The invoice avers seven
pages of items, but, not one of the items contains an averment as to the time spent performing that
task or tasks. Plaintiffs Complaint lacks sufficient specificity to apprise the defendants of the time
spent on each of the items, which would show them to adequately prepare and assert defenses to
Plaintiffs allegations andtor to identify or join arty potentially responsible parties as additional
Defendants.
~~
~,
WHEREFORE, Defendants, Nicholas Giambilis, Dimitrios Tsitsiris, Gus Giambilis, and
Giambilis Enterprises, [nc, t/d/b/a Camp Hill Diner, respectfully request that this Court order
Plaintiff to more specifically plead the averments of paragraph I S of their complaint and the
invoice incorporated therein of their Complaint.
Respectfully submitted,
Date: U -~.~'"~`~
William T. Smith
t.D.# 6887
3747 Derry Street
Harrisburg, PA 17111
(717)561-2677
Attorney for Defendants
iF^
/l
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's
Preliminary Objections to Plaintiff's Complaint was served upon the following person(s) by
depositing the same in the United States mail, first class, postage prepaid, in Harrisburg,
Pennsylvania, on this date:
Keith 0 Brenneman, Esquire
44 West Mein Street
Mechanicsburg, PA 17055
William T. Smith
Attornry for Defendant
I.D. #06887
3747 Derry Street
Harrisburg, PA 171 I 1
_,..="
:~ _
~
' ~
rj
.
{ J
_
T.{. !+.
_.~ l
r, :v '
`~' ~
~" ;a
b
l _. :,,
s: ,j
-F>
( :..) )~T
•• :~
'
-. fJ -
G
SNELBAKER, BRENNEMAN di IN THE COURT OP COMMON PLEAS OF
SPARE, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
Plaiatifl ,
• NO.97-1493 CIVIL TERM
v.
NICHOLAS GIAMBILIS, DUNITRIOS ~ CIVIL ACTION -LAW
TSITSHUS, GUS CIAMBILIS, AND
CIAMBILIS ENTERPRISES, INC •
t/d/b/a CAMP HILL DINER, ,
Defeadaab
~RAECIPE'MwtTUno~..,~ ERkNniN~rr
1'REELIMINARY BJE ONS TO PLAUYTIFFS~ rn~uor
INT
TO: Lawrence g. Walker, Prothonotary
Cumberland County
I Courthouse Square
Carlisle, PA 17013
Kindly withdrawal Defendants' P
captioned matter, reliminary Objections to Plaintiffs' Complaint in the above
Dace: 3-2~-ci1 , ;`~(~""~
Iham T. Smith
ID #06887
3747 Derry Street
(717 61 2677 17111
~' ...
1 HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to
Withdrawal Defendants' Preliminary Objections to PlaintifTs' Complaint was served upon
the following person(s) by depositing the same in the United States mail, foal class,
postage prepaid, in Harrisburg, Pennsylvania, on this date:
Keith O Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Date: S "22-'`~1 C ~ .,
William T. Smith
Attorney for Defendant
I.D. #06887
3747 Denry Street
Harrisburg, PA 17111
a
I
7
r
n
~ ~
_~ -~
t :~
-CST
_ y
~
j
y
'
,;
~_ ,.gym
r
}
s to
_
i
SNELBAKER, BRENNEMAN &
SPARE, P. C.,
Plaintiff
v.
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS GIAMBILIS, and
GIAMBILIS ENTERPRISES, INC.
t/d/b/a CAMP HILL DINER, ,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1493 CIVIL TERM
CIVIL ACTION - LAW
TO: Nicholas Giambilis, Dimitrios Taftsiris, Gus Giambilis
and Giambilis Enterprises, Inc., Defendants
Date of Notice: June 6, 1997
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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;
Court Administrator
One Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6285
u.r orncu
BNELMKER.
BR[NNEMAN
a SPM[
SNELBAKER, BRENNEMAN & SPARE, P. C.
By: !! flG~
Ke O. Brenneman, Esqu~=e
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
[k
C _ ~_
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have,
>n the below date, caused a true and correct copy of the
Coregoing Important Notice to be served upon the person and in
the manner indicated below:
William T. Smith, Esquire
3747 Derry Street
Harrisburg, PA 17111
Nicholas Giambilis
Camp Hill Diner
3449 Simpson Ferry Road
Camp Hill, PA 17011
Gus Giambilis
970 Macada Road
Bethlehem, PA 18017
Dimitrios Tsitsiris
1124 North Powderhorn Drive
Mechanicsburg, PA 17055
Giambilis Enterprises, Inc.
4301 Jonestop R17109
Harrisburg,
Ks th O. Brenneman, Esqu ra
SNELBAKER, gRENNEMAN i SPARE, P. C•
44 west Main street
p. O. Box 318 PA 17055
Mechanicsburg,
(717) 697-8528
Attornsys for Plaintiff
uN eme[s
SN[L~AKCR.
BR[NN[MAN
a $-ARE
Dates Juna 6, 1997
1
;,~~
-' ~ ,
[.
_-
~~~ .•
,'~ ..
':~
r ~r':l
;_.-3
- - .~,
;;:~
~~; -~;
i
s
t., .
SNELBAKER,BRENNEMAN &
SPARE, P.C.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICHOLAS GtAINBILIS, DIMITRIOS
TSI1'SIRIS, GUS GIAMBILIS, AND
GIAMBILIS ENTERPRISES, INC.
t/d/b/a CAMP HH.L DINER,
Dekndanb
Lawrence E. Welker
Prothonotary
Cumberland Co. Courthouse
1 Courthouse Square
Carlisle, PA 17013
TO THE PROTHONOTARY:
N0.97-1493 CIVIL TERM
CIVIL ACTION -LAW
ENTRY OF APPEARANCE
Kindly enter my appearance in the above caption matter.
Date: 4
Respectfully submitted,
William T. Smith
[D #06887
3747 Derry Street
Harrisburg, PA 17111
(717)561-2677
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Entry of
Appearance was served upon the following person(s) by depositing the same in the United
States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this date:
Keith O Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Date: ~ 9 y 7 ~~~~~Jr~-.
William T. Smith
Attorney for Defendant
LD. #06887
3747 Derry Street
Harrisburg, PA 17111
Y~;--.
`` ry
7
~~ ~ ~
'
~: 'l
1
1
SI
-i ~~
•~ `+
'. 1
~~ ~
SNELBAKER, BRENNEMAN & SPARE, P. C.,
Plaintiff
v.
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS GIAMBILIS, and
GIAMBILIS ENTERPRISES, INC. t/d/b/a
CAMP HILL DINER,
Defendant
IN TI{E COURT OF COPQtON PLsAS OF
CLTBERLnND COUNTY, PENNSYLVANIA
N0. 97-1493 CIVIL TERM 19
CIVIL ACTION - LAW
RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially
in the following form:
PETITION FOR APPOiNTNE.'~iT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Keith O. Brenneman. Esquire counsel for the plaintiff/~RiaxxkeRR in
the above action Sc9d9c:lRk3e~4l~x respectfully represents that:
1. The above-captioned action (q~~gy~ is ~ at issue•
2. The claim of the plaintiff in the action is 5..16.124.50
The counterclaim of the defendant in the action is n
She folloving attorneys are interested in the case(s) as counsel or are ocher-
vise disqualified co sit as arbitrators: Richard C. Snelbaker,
Philip H. Spare
WHEREFORE, your petitioner prays your Honorable Court to appoint three (~)
arbitrators to vhom the ease shall be submitted.
5u~y ~, f9~7 ec # 1 submitted,
L~J~----
Keith 0. Brenneman, Esquire
ORDER OF COURT
AND NOW, UL1.~7 ~ /,~19~, in consideration of the
forejoia; petition, lTi rr~S ~• T/~tO~Esq.,.£d,.,~ ,rd ~L~Q2~
E:q., and,~g,~~.~iCt ~R'.,Esq.. are appointed arbitrators in the
above-captioned action {or actions) as prayed for.
H he Court.
LA-
P. J.
4;
K ~ :~
~~i» `7~
-.~
• " v
fi ~~: ^O
:~, C1~
l':: `<-m
y~` t Q
ri
(v\A, :~
t
_ T
~ ~ -M7i
H ~ ~«
~, '
~ ~ ~ = , _~
4 ,`,
b
.`
SNELBAKER, BRENNEMAN &
SPARE, P.C.,
PlaintiIT
v.
NICHOLAS GIAMBILIS, DIMITRIOS
TSIT'SIRIS. GUS GIAMBILIS, AND
GIAMBILIS ENTERPRISES, INC.
f/dlb/a CAMP HILL DINER,
Dckadaab
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.97-1193 CIVIL TERM
CML ACTION -LAW
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY 20 DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
_ .----
i ( ;~
William T. Smith
Attorney ID #0688?
Attomty for Defendants
SNELBAKER, BRENNEMAN &
SPARE, P.C.,
Plaintiff
v.
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS CIAMBILIS, AND
GIAMBILtS ENTERPRISES, INC.
dd/b/a CAMP HILL DINER,
Defeadaab
IN TttE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.97•t493CIVILTERM
CIVIL ACTION -LAW
N ER
AND NOW this I6th day of June 1997, come Nicholas Giambilis, Dimitrios Tsitsiris, Gus
Giambilis, and Giambilis Enterprises, Inc t/d/b/a Camp Hill Diner, the Defendants above named,
by William T. Smith, their Attorney and aver that they have a full, just and complete defense to
the matters set forth in the Complaint, the nature whereof is as follows:
Paragraph 1 of Plaintiffs Complaint is admitted.
2. Paragraph 2 of Plaintiffs Complaint is admitted.
Paragraph 3 of Plaintiffs Complaint is admitted.
4. Paragraph 4 of Plaintiffs Complaint is admitted.
S. Paragraph S of Plaintiffs Complaint is admitted.
6. Paragraph 6 of Plaintiffs Complaint is admitted.
7. Paragraph 7 of Plaintiffs Complaint is admitted in part and denied in pert. It is
admitted that the Defendants engaged Richard Snelbaker at a rate of S13S.00 per hour to
represrnt their interest. It is denied that Defendants rngaged the firm of Sndbaker end
Brenneman, & Spare, P.C., at a rate of S13S.00 per hour. On the contrary, Defendants aver that
Richard Sndbaker advised them that if anybody else in the firm worked on their cane it vrottld be
at a substantially lower refs, yet much of the work was performed by attorneys other than Mr.
Snelbaker. Further, it is admitted that the Defendants paid the Plaintiffs a retainer of SI,S00.00.
8. Paragraph 8 of Plaintiffs Complaint is admitted.
9. Paragraph 9 of Plaintiffs Complaint is denied. On the tom, Ddadants aver
that because of certain mnfiicts of interest, as hereinafter set forth in New Matta, Plaiatit6 fi-iled
to perform vital services to the Defendants which hindered the opening and operation of tAe
restaurant for which they had engaged the Plaintiff in the fiat place.
.__.- ,- ~ .- .. ._,,,...a _~ t
10. Paragraph 10 of Plaintiffs Complaint is admitted.
1 I. Paragraph 11 of Plaintiffs Complaint is admitted. By way of further answer,
Defendants point out that this invoice, unlike the subsequent invoice was given in a timely manner
and was paid in a timely fashion.
12. Paragraph 12 of Plaintiffs Complaint is admitted.
13. Paragraph 13 of Plaintiffs Complaint is admitted.
14. Paragraph 14 of Plaintiffs Complaint is admitted in part and denied in part. It is
admitted that the Plaintiffs provided some services on the Equity Suit. It is denied that the
Plaintiffs provided legal services relating to the financing and purchasing of the property in
Hampden Township. On the contrary, on severe! occasions the Defendants asked Attorney Spare
of the Plaintiffs firm, not to attend the settlement on the property. In spite of their instructions,
Mr. Spare attended the settlement and although he did nothing and said nothing for the
Defendants at the settlement, they were billed for his time.
15. Paragraph 15 of Plaintiff s Complaint is admitted in part and denied in part. It is
admitted that the invoice was sent and received. It is denied that the 5135.00 per hour was
agreed upon for anybody's billing but Mr. Snelbaker. As to most of the 130.5 hours of legal
services performed, the Defendants aver that they have no actual knowledge of the truth or falsity
of this fact and they have made a reasonable investigation to obtain knowledge thereof but have
been unable to ascertain the truth or falsity, therefore, the Defendants deny the averment and, if
material, demand proof thereof at the trial of this cause.
16. Paragraph 16 of Plaintiffs Complaint is a legal conclusion and does not require an
answer.
17. Paragraph 17 of Plaintiffs Complaint is admitted. By way of further answer, it was
not paid because the Defendants felt it was excessive and not justifiable.
NEW MATTER
In further answer to Plaintiffs Complaint the Defendants aver the following New Matter:
18. Plaintiff, Partrra Richard Snelbaker, failed to and refused to represent the
Defendants on any matter relating to their cause or causes of action against Hampden Townstip.
19 Plaintiff Partner Richard Snelbaker, advised the Defendants that he could Trot
represent them against Hampden Township because he had a conflict of interest with the
Township. Because of this confliM of interest, Ptaintiffa should not have contirared the
ttpresrmtation of the Defendants as it hindered, throughout their representation the Defettdaetta
rights to proceed against Hampden Township. Pruden! behavior on the part of Mr. 5nelbaker
would have been to advise the clients to seek other counsel to proceed against Hampden
Township.
20. Plaintiff, Partner Snelbaker, advised the Defendants that they had recourse against
the Township, Kimco, Sanndrel of Pennsylvania, Inc., and David Benson, the seller, yet Plaintiff
failed to pursue claims against the above stated parties in a diligent and skillful manner.
21. For a year and a half, Plaintiff, Partner Snelbaker, continued to advise the
Defendants that they had a right of action against all the parties as set forth in paragraph 20,
above, yet after a year and a half of so advising the clients he changed his opinion and advised
them that they had no rights against anybody and abandoned the Defendants' case against the said
parties without justification or without Defendants' consent.
22. Defendants aver that when you consider the services rendered by the Plaintiffs and
the 57,500.00 previously paid by the Defendants to the Plaintiff, the sum of S 16,124.50 is
excessive and prohibitive.
23. Because of their conflict of interest with Hampden Township, the Defendants aver
that Plaintiff, Partner Snelbaker, failed to represent them in a skillful and diligent manner.
24. Defendants aver that much of the services performed under the agreement were
unsatisfactory and were not performed up to the standards of the legal profession in Cumberland
County.
25. Plaintiff, Partner Snelbaker advised the Defendants that they would be billed
monthly. However, Defendants were not billed for 18 months which prevented the Defendants
from questioning the excessive billings until after the passing of 18 months.
WHEREFORE, Defendants request that the Plaintiffs Complaint be dismissed and that
judgment be entered in favor of the Defendants.
Respectfully submitted,
---_
~. - ~.
William T. Smith
I.D. #06887
3747 Derry Street
Harrisburg, PA 17111
(717) 561-2677
Attornry far Defendanu
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Personally appeared before me, the undersigned, who deposes and says that the facts set forth in
the within Answer with New Matter are true and correct to the best of their knowledge,
information and belief.
~ichotas Giambitis
~ ~"~D
Gus Giambilis
' uuios silsiris
'tis Enterprises, Inc., U a Hill thn~er
S.` '~:.
Subscribed and sworn to before me this ~~'t day of June, 1997. c -- l ~
~~.
r
_~
_. .. y
r1oTAWlSfAI ~l ,s^v..~ ~. ~~••
t'Alxn ~` wrowti ""O~' ~i°s` NOTARY PUBLIC
~Y. ~ CwdT, -A
~ Ca~ewNen ~ O~c L 7000
My commiesion expires:,c~[~~
E~TIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's
Answer with New Matter was served upon the following person(s) by depositing the same
in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this
date:
Keith O Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
~~°___.
_.
_..
Date: ~ ,
William T. Smith
Attotnry for Ddendant
LD. #06887
3747 Derry Street
Harrisburg, PA 17111
c ~ $
a'
~~~ t ; ~''
~ T
L 1....
`' ~
~
~~
J
~
~Li
l fV
j
~Y1
W
Q N
C
to ~
~ 4
z
Q s ; Y J
w
z
z
~ =
~
7
? ~
:~
W
d Z
<
I
~ z
w
a
u
m
d f o
~ ~
~ ~
~
Y ` Z
Q <
~ U
µJ
z W
~
SNELBAKER, BRENNEMAN &
SPARE, P. C.,
Plaintiff
v.
IN THE COURT OF CONMON PLEAS OF
CUMBERLAND COUNT/n~Y, PEGN~N~S~YLVANIA
CIVIL ACTION - LAW
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS GIAMBILIS, and
GIAMBILIS ENTERPRISES, INC.
t/d/b/a CAMP HILL DINER,
Defendants
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 a 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 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.
Court Administrator
One Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6285
u~ o..~[.
SN[L~J1[G.
ell[NN[M~N
s s.,e[
SNELBAKER, BRENNEMAN 6 SPARE, P. C.
At ornays Por P a nt~f
SNELHAKER, BRENNEMAN &
SPARE, P. C.,
Plaintiff
v.
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS GIAMBILIS, and
GIAMBILIS ENTERPRISES, INC.
t/d/b/a CAMP HILL DINER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNT/;Y, PENNSYLVANIA
CIVIL ACTION - LAW
AND NOW, comes the Plaintiff, Snelbaker, Brenneman & Spare,
P. C. and avers the following cause of action:
1. Plaintiff, Snelbaker, Brenneman 6 Spare, P. C. is a
professional corporation under the laws of the Commonwealth of
Pennsylvania with an address of 44 W. Main Street, Mechanicsburg,
Cumberland County, Pennsylvania. At the time of the events
leading up to the initiation of this lawsuit, Snelbaker,
Brenneman 6 Spare, P. C. was operating under the name Snelbaker &
Brenneman, P. C.
2. Defendant Nicholas Giambilis is an adult individual with
a business address of Camp Hill Diner, 3449 Simpson Ferry Road,
Camp Hill, Pennsylvania 17011.
3. Defendant Gus Giambilis is an adult individual residing
at 970 Macada Road, Bethlehem, Pennsylvania 18017.
uw wnc[[
SN[l\AKER.
BRENNEMAN 4. Defendant Dimitrios Taitsiris is an adult individual
e SrA RE
residing at 1124 North Powderhorn Drive, Mechanicsburg, (Hampden
r:
t
~ j
Township), Pennsylvania 17055.
5. Defendant Giambilia Enterprises, inc. is a Pennsylvania
corporation with a registered address of 4301 Jonestown Road,
Harrisburg, Pennsylvania 17109. Haled upon information and
belief, it is averred that Giambilis Enterprises, inc. has a
regular place of business or activity at the Camp Hill Diner,
3449 Simpson Ferry Road, Camp Hill (Hampden Township), Cumberland
County, Pennsylvania 17011.
6. Defendants operate a restaurant business known as the
Camp Hill Diner, 3469 Simpson Ferry Road, Camp Hill (Hampden
Township), Cumberland County, Pennsylvania.
7. In or about October, 1993 Defendants engaged Snelbaker &
uw orfK:u
SNEIlAKER.
eRENN[MAN
d SIARC
Brenneman, P. C. at a rate of $135.00 per hour to represent their
interests regarding certain aspects of opening and operating a
restaurant to be known as the Camp Hill Diner and purchasing the
real estate upon which the restaurant is located at 3449 Simpson
Ferry Road, Camp Hill (Hampden Township), Cumberland County,
Pennsylvania. Defendants paid Snelbaker i Brenneman, P. C. a
retainer fee of $1,500.00 at or about the time Snelbakar &
Brenneman, P. C, was engaged to provide legal Services to the
Defendants.
8. Snelbaker & Brenneman, P. C. provided legal services to
-a-
Defendants in the case of Sanndrel of Pennsylvania, Inc. v.
Giambilis, et al. docketed at No. 66 Equity 1993 in the Court of
Common Pleas of Cumberland County, Pennsylvania and related
matters from in or about October, 1993 through in or about June,
1995 (hereinafter "Equity Suit").
9. Throughout the time period set forth in Paragraph 8,
hereinabove, Plaintiff diligently devoted itself to
representation of Defendants' interests.
10. Plaintiffs successfully defended the Defendants in
uw w.cs.
$NEIMEER.
$RENNEMAN
a SCARE
responee to Sanndrel of Pennsylvania, Inc.'s aggressive seeking
of a Preliminary Injunction designed to prohibit Defendants'
intended use of the subject property.
il. On or about December 27, 1993, Snelbaker & Brenneman,
P. C. prepared an invoice, a true and correct copy of which is
attached hereto as Exhibit "A" and incorporated herein by
reference, for 44.3 hours of legal services rendered on
Defendants' behalf at the previously agreed to rate of $135.00
per hour. As indicated on Exhibit A, the total amount due from
Defendants as of December 27, 1993 was $4,500.79 after
considering the above referenced retainer fee and cash advanced.
The invoice dated December 27, 1993 was presented to Defendants.
12. Defendants paid S4,500.00 to Snelbaker i Brenneman, P.
C. on or about January 11, 1944 in full payment of the December
r
-3-
2'7, 1993 billing.
13. On or about January 11, 1994 Defendants paid an
additional $1,500.00 retainer to Snelbaker b Brenneman, P. C. to
secure additional legal services in the future.
14. From December 28, 1993 through June 21, 1995, Plaintiff
continued to provide litigation services to Defendants in the
Equity suit, which services included, but were not limited to,
drafting and filing of Preliminary objections and preparation of
a Brief and Supplemental Brief in support thereof; the drafting
and filing of a comprehensive Answer with New Matter and
Counterclaim; the drafting and filing of a Motion for Rule to
Join Additional Defendant; the drafting and filing of an Answer
to the New Matter and Counterclaim of other defendants; and the
protracted negotiations and efforts to reach a settlement on
terms acceptable to the Defendants. Additionally, Plaintiff
provided legal services relating to the financing and purchasing
of the property located at 3449 Simpson Ferry Road, Camp Hill
(Hampden Township) Cumberland County, Pennsylvania for the
benefit of all Defendants.
15. On or about June 23, 1995, Snelbaker i Brenneman, P. C.
prepared an invoice, a true and correct copy of which is attached
hereto as Exhibit "B" and incorporated herein by reference, for
~wo.~^• 130.5 hours of legal services rendered on Defendants' behalf at
6N[LlAK [A.
6R[N N[YAN the reviousl a reed to and recognised rate of $135,00 ar hour.
a fi~AA[ P Y 9 p
-4-
As indicated on Exhibit B, the total amount due Prom Defendants
as oP Juna 23, 1995 was $16,124.50 after consideration of the
retainer fee of $1,500.00 paid January 11, 1994 and coats
advanced. The invoice dated June 23, 1995 was promptly mailed to
Defendants.
16. Defendants aze justly indebted to Plaintiff in the sum
of 516,124.50 for the legal cervices as set forth in Exhibit "8".
17. Despite several demands for payment by Plaintiff to
Defendants, Defendants have refused and failed to pay the amount
due and owing.
WHEREFORE, Plaintiff demands judgment in its favor and „
against Defendants in the amount of $16,121.50 together with
interest due and costs.
SNELBAKER, BRENNENAN i SPARE, P. C.
i
By: 1~1
Ke O. erenneaan, Es~~re t
44 Weat Nain street
Mechanicsburg, PA 17055
(717) 697-8528
Date: !larch 21, 1997
uvr or+~et~ _ .
SN[IRAK[R.
BII[NN[MAN
d SAAR[
-5-
SNELBAKER F! BRENNEMAN
A fROflSS~ONA~ COIVOM17ON
nrronriErs nr Um
Y w!!T MAM fTItIJi
MECHANICSBURG, PtTINSYLVAN(,~ 17055
Gus Giambilis
Nicholas Giambilis
Dimitrios Tsiteiris
Giambilis Enterprises, Inc.
4212-C Rinq Gaorga Drive
Harrisburg, PA 17109
sveos•es~e
r. o. eox au
December 27, 1993
ION II1O/eM1ON~L egV~Cle "[NDgep
Ra: Defense of Equity Proceeding re Sanndral of Pennsylvania,
inc. v. Giambilis at al (Cumberland County)
Meeting with Bob Smith
court House research
Review Court House records
Conlaranca with Nick Giambilia and Bob Smith (10/29/93)
Telephone conference with Atty. Lantz (11/16/93)
Heating at site (11/16/93)
Telephone conferences with Atty. Lantz and Bob Smith (11/16/93)
Telephone conlarencea with Bob Smith, aliants and Atty. Lantz (11/17/93)
Conlaranca with clients and Hob Smith (11/18/93)
Letters to clients (11/19/93)
Latter to Atty. Lantz (11/19/93) mail and fax
Telephone conferences with clients and Sob Smith ra locks
Raviaw materials re RBK
Latter to Mr. Benson (11/22/93) - (Certitiad Mail - ¢2.29)
Conlaranca with clients, Bob smith, Atty. Connell, H . Rothman
and Benson (11/26/93) .
Attempted talaphona calls to Atty. Lantz and reports to c:;ents
and Hob Smith
Review disapproval latter from Atty. Lantz; talaphona conferanca
with Att
L
t
y.
an
z (12/10/93)
Talaphona conferanca with Bob Smith (12/10/93)
Review background documents; prepare "problems sheet (12/11/93)
Conlaranca with clients and Bob Smith (12/12/93)
Telephone conferanca with Atty. Connell (12/14/93)
Talaphona conferanca with Atty. Lantz (12/14/93)
R i
av ew proposed Complaint, etc.; prepare copies !or clients (12/14/93)
Research elements for preliminary injunction (12/15/93)
Study Complaint and prepare for haarinq (12/15/9])
Prepare Notice to Produce (12/16/93)
Serve Notice to Produce (12/16/93)
conferanca with Hampden Twp. building coda olticar (12/16/93) r '-
obtain copies o! plans from Hampden Tvp. (12/17/93) '
Attend haarinq and post-haarinq confarena (12/17/93) ~
Review exhibits and prepare for further haarinq (12/18-20/93) ~,
~.
rx111Btr a
t E'age I of 2 )
~ J
$N~g~R 8 BRENNEMAN
December 27, 1993
Giaabilis et al
-2-
Court onH sa rssaarch re reciprocal shopping center easements (2/20/93)
1-ttand second sasaion of hearing (12/20/93)
$5,980.50
professional t~a:aid4on ac oust 6135.00:
yeas; gatainer p
Balance due on prolaasional lea:
Plus: Cash advanced 6 2.29
11/18/93: Hampden Township B opias of plans _lS.+QQ
TOTI~lL D08:
$4,480.50
.-~,~
~f.SOC od
S F iLS f
a~'
F
E -:S x~ SiE3" S` ~,,, t
5 ~ ~ ~~
< Ia Lr' cS & C ~" dt
v T"
K3
4 y
F
~
~'~ > 3
r
~
.
~
A ~ ~` `
~~:
sxeiaic `
~"w
(Page 2 0! 21 u .~s.
`
~ ~ ~•~
~
3ca
SNEI.BAKER & BRIIVNEMAN, P. C.
Attorneys at Law
P. O. Box 318
44 west Main Street
Mechanicsburg, PA 17055
(717) 697-8528
June 23, 1995
Gus Giambilis
Nicholas Giambilis
Dimitrios Taitsiris
Giambilia Enterprises, Znc.
Camp Hill Dinar
3449 Simpson Ferry Road
Camp Hill, PA 17011
[OA PROlESSIONIIL SIAVICES RENDERED
Re:
Defense o! Equity Proceeding rs: Sanndrel of
Pannaylvania, Znc. v. Giambilis, at al.
and purchase of Dinar Premises
December 28, 1993 through Juns 21, 1995
Draft Preliminary Objections (12/29/9])
Draft Preliminary Objections (12/30/93)
File Preliminary Objections (1/]/94)
Meeting with clients (1/11/94)
Letter to clianta (1/18/94)
Letter to clients (1/20/94)
Letter to clients (2/4/94)
Legal research and draft Brief (2/7/94)
Legal research and draft Brief (2/9/94)
Research Brief (2/10/94)
Draft Brief (2/10/94)
Finalize and file Brief (2/11/94)
Latter to Atty. Lantz (2/15/91)
Raviaw Sanndrel Brief and research (2/18/94)
Prepare !or oral Argument (2/19/94)
Prepare for oral Argument (2/21/94)
Telephone conference with Ct. Administrator (2/2J/94)
Telephone conference with Ct. Administrator (2/24/44)
Telephone conference with Atty. Connell (2/15/94)
Research and draft supplemental Brief (]/1/9i)
Complete supplemental Brief (]/2/94)
EX}}IBIT B
(Page 1 of 7)
June 23, 1995
Page Two
File supplemental Brief (3/2/94)
DraftrAnswari(3/12/94)/94)
FaX to Atty. Connell (3/12/94)
Draft Answer (3/13/94)
Draft Answer (3/14/94)
Draft Naw Matter (3/14/94)
Research re: joinder of defendant (3/16/94)
Meeting with clients ra: Answer (3/17/94)
Telephone conferences with Bob Smith (3/18/94)
Rsvise Answer with New Matter (3/21/94)
Talephonwi~ncliantss revisalNewtHatterland)
Meeting
Counterclaim (3/21/94)
File Answer with New Matter and Counterclaim (3/21/94)
Draft Petition for Rule re Additional Delendant (3/22/94)
Letter to Judge Bayley (3/24/94)
File Notion for Rule to join Additional Defendant (3/30/94)
Draft letter tO Connell (4/1/94)• Sales Agrnement (4/1/94)
Latter to Atty.
Draft Answer to RBR, New Matter and Counterclaim (4/4/94
Latter to clients (4/4/94) Lantz (4/5/94)
Telephone conference with Atty.
Letter to clients (4/5/94)
Draft Answer with New Matter (4/6/94)
praft Answer to New Matter and Counterclaim (4/7/94)
Meeting with clients ra: Answer to New Matter (4/8/94)
Telephone confarnce with Del Lantz (4/8/94)
Review and revise Answer (4/9/94)
Telephone conference with Atty• Conne114(4/11/94)
Telephone conference with Atty.
Telephone conference with client (4/11/94)
Latter to clients (4/12/94)
Latter to Atty. Connell (4/12/94)
Letter to client re: taxae dus (4/12/94)
Telephone conference with clianta (4/1]/94)
Letter to client (a/13/94I
Telephone conference with court reporter 4/22/94)
Telephone conference with clients (4/26/94)
Telephone conference with clients (4/26/94)
Latter to clients (4/27/94)
Latter to Atty. Lantz (4/28/94) Connell (5/2/94)
Telephone conference with Atty. 5 5 94
Telephone conference with Nark Brusn5n6 94/ / )
Heating aith clients and Bob Smith ( / / I
Latter to clients (5/25/94) Connell (5/26/91)
Telephone conference with Atty.
Heating aith clients (6/3/941 Coyne (6/14/44)
Telephone conference with Atty.
pIHIBIT B - -
(Page 2 of 7)
June 23, 1995
Page Three
Telephone conleranca with clients (6/17/94)
Cotters to clients (6/17/94)
Telephone contarance with Atty. Connell (6/21/94)
Fax estimates to Atty. Connell (6/21/94)
Meeting with clients, Connell, Benson & Rothman (6/22/94)
Dratt latter to Atty. Lantz (6/26/94)
Latter to Atty. Connell (6/26/94)
Letter to client (6/26/94)
Telephone conference with clients (6/27/94}
Telephone conference with clients (6/29/94)
Fax to Atty. Connell (7/3/94)
Letter to Atty. Lantz (7/5/94)
Latter to Atty. Connell (7/7/94)
Telephone conference with clients (7/12/94)
Raviaw Lease and Amendment (7/12/94)
Meeting with clients (7/13/94)
Letter to Atty. Connell (7/14/94)
Latter to client (7/27/94)
Telephone conference w/Steve Campbell (7/27/94)
Latter to client (8/1/94)
Meeting with Jimmy and Bob Smith (8/11/94)
Telephone conference with Atty. Connell (8/18/94)
Telephone conference with Atty. Connell (8/19/94)
Latter to Clients (8/24/94)
Talaphona conference with Atty. Connell (8/24/94)
Latter to clients (9/1/94)
Prepare Notice to RHR re: Extension of Lassa (9/13/94)
Latter to Atty. Connell (9/20/94)
Telephone conference with Jimmy (10/18/94)
Telephone conference with Mark Hruaninq (10/18/94)
Obtain copies of Plan approved by Townshig (10/18/94)
Telephone confarance with Del Lantz (10/18/94)
Latter to Dal Lantz (10/18/94)
Latter to clients (11/4/94}
Latter to Atty. Lantz (12/8/94)
Raviaw draft of settlement agreement (12/20/94)
Telephone contarance with Hob Saith (12/20/94)
Latter to client (12/27/94}
Telephone confarance with Nick (12/28/94)
Heating with Nick (12/29/94}
Latter to Atty. Connell (12/29/94)
Telephone confarance with Jimmy (1/3/95)
Latter to Atty. Connell (1/3/95}
Telephone contarance with Bob Walker (1/3/95)
Talaphona confarance with Jimmy (1/3/9S}
Talaphona contarance with Bob Smith (i/9/9S)
Talaphona confarance with Hob Nalker (1/11/95)
EXHIBIT B
(Page 3 of 7)
June 23, 1995
Page Four
Telephone conlerenca with Nick ra: Commitment Letter (1/24/95)
Telephone conference with Bob Smith (1/30/95)
Talaphone conlerenca with Bill Rothman (2/2/95)
Raviaw new aettlament proposal (2/6/95)
Letter to Dal Lantz (2/10/95)
Telephone conlerenca with Del Lantz (2/10/95)
Talaphone conference with Bill Rothman (2/10/95)
Fax to Del Lantz (2/10/95)
Review proposed settlement agreement (2/23/95)
Review and revise RHK proposed aettlamant agreement (2/28/95)
Review Declaration o! Reciprocal Easements and
Amendments (3/2/95)
Research ra: parking on private lots (3/2/95)
Review dead and dead restrictions (3/2/95)
Research ra: posting of private parking lots (3/2/95)
?!eating with Jimmy and Nick (3/3/95)
Prepare !or meeting with Commerce Bank (3/4/95)
Beating with Jim Gibson and Nick (3/6/95)
Telephone conference with Dal Lantz (3/6/95)
Letter to RBK re: lease extension (3/7/95)
Telephone conference with Atty. Connell (1/9/95)
Telephone conference with Nick (3/17/95)
Telephone conference with Jimmy (3/21/95)
View Dinar parking lot (3/21/95)
Latter to Dal Lantz (3/21/95)
Latter to clients (3/21/95)
Review and revise Settlement Agreaaent (3/21/95)
Talaphone conference with Jimmy (3/24/95)
Talaphone conlerenca with Jaan BcHazal (3/24/95)
Telephone conference with Jean BcHazal (3/24/95)
Telephone conlerenca with Jim Ridd (3/24/95)
Telephone conference with A-1 Abstract (3/24/95)
Telephone conference with Atty. Connell (3/24/95)
Raviaw and revise draft settlement agreement with RHK (3/24/95)
Fax to Atty. Connell (3/24/95)
Telephone conference with Henry Coyne (3/24/95)
Telephone conference with Nick (3/24/95)
Review Commitment latter from Commerce Hank (3/24/95)
Fax to Jean BcHazel (3/24/95)
Draft proposed deed (]/25/95)
Latter to clients (3/25/95)
Complete draft o! deed (3/25/95)
Obtain copies of deeds (Comb. Cty. Courthouse) (3/27/95)
Talaphone conferences with A-1 Abstract (3/27/95)
Telephone conference vith Nick (3/27/95)
Telephone conference with Jim Ridd (3/27/95)
Draft assignment of Agreement of Sal• i I.eas• (3/27/95)
EIINIBIT 8
(Page 4 of 7)
June 23, 1995
Page Five
Prepare for real estate closing (3/27/95)
Telephone conference with Jimmy (3/28/95)
Telephone conference with Del Lantz (3/28/95)
Latter to Del Lantz (3/28/95)
Talaphona conference with Bob !leek ra: insurance (3/28/95)
Fax to Hob Neek (3/28/95)
Telephone conference with A-1 Abstract (3/28/95)
Telephone conference with Jim Ridd (3/28/95)
Talaphona conference with Rich Connell (3/28/95)
Telephone conferences with Nick (3/28/95)
Telephone conference with Del Lantz (3/28/95)
Latter to clients (3/28/95)
View Dinar lot; deliver latter to clients (3/28/95)
Meeting with Nick and Mark Brueninq re: parking lot (3/29/95)
Telephone conference with Atty. Connell (3/29/95)
Telephone conference with Mark Brueninq (3/29/95)
Telephone conference with Jim Ridd (3/30/95)
Telephone conference with Jean McHazel (3/30/95)
Telephone conference with Dal Lantz (3/30/95)
Raviaw current situation (3/30/95)
Telephone conference with Nick (3/30/95)
Telephone confaranca with Del Lantz (3/31/95)
Telephone conference with Jimmy (3/31/95)
Telephone confaranca with Mark eruaninq (3/31/95)
Letter to clients (3/31/95)
Meeting with Nick at Diner (4/3/95)
Talaphona message to Del Lantz (4/4/95)
Telephone conferences w/Atty. Connell, Bob Saith, Mark
Brueninq (4/5/95)
Telephone conference with Jimmy (4/5/95)
Telephone confaranca with Mark Bruaninq (4/6/95)
Letter to clients (4/7/95)
Telephone confaranca with Mark Bruaninq (4/7/95)
Telephone conference with Jim Ridd (4/7/95)
Check status of parking lot work (4/10/95)
Talaphona confaranca with Jimmy (4/11/95)
Telephone sassage to Mark Bruaning (4/11/95)
Telephone conference with Mark Bruaninq (4/12/95)
Latter to Del Lantz (4/13/95)
Fax to Dal Lantz (4/14/95)
Telephone conference with Mark Bruaninq (4/17/95)
Talaphona conferences with Jimmy (4/18/95)
Telephone confarencas with Jimmy (4/20/95)
Telephone confaranca with Mark erueninq (4/20/95)
Telephone confaranca with Atty. Connell ((4/21/95)
Telephone confaranca with Jis Ridd (4/21/95)
Talaphona conference with Jean McHazel (4/21/95)
FJ(HIBIT 8
(Page 5 of 7)
June 23, 1995
Page Six
Telephone conlarance with Jean McHazel (4/24/95)
Telephone conference with Atty. Connell (4/24/95)
Letter to Atty. Connell (4/24/95)
Raviaw and revise deed (4/24/95)
Review and revise Sanitary Sewer Easement (4/24/95)
Research property records at Courthouse (4/25/95)
Telephone conference with RSR (4/25/95)
Telephone conference with Jimmy (4/25/95)
Telephone conference with Atty. Connell (4/25/95)
Telephone massage to Harry Coyne (4/25/95)
Telephone conference with Jimmy (4/25/95)
Telephone massage to Jim Ridd (4/25/95)
Heating with Jimmy (4/25/95)
Telephone conference with Jim Ridd (4/26/95)
Telephone conference with Atty. Connell (4/26/95)
Fax Assignment to Atty. Connell (4/26/95)
Telephone conference with Jnnn llcHazel (4/27/95)
Review latter from Commerce Bank (4/28/95)
Raviaw letter from Atty. Connell (4/28/95)
Letter to client (4/28/95)
Telephone conference with Jimmy (5/3/95)
Latter to Jim Ridd (5/6/95)
Telephone conlarance w/Bob Smith (5/8/95)
Telephone conference with Dal Lantz (5/15/95)
Telephone aassage to Jimmy (5/15/95)
Telephone conference with Jimmy (5/16/95)
Telephone conference with Nick (5/16/95)
Telephone conference with Atty. Connell (5/30/95)
Talephona conference with Bob Smith (5/30/95)
Telephone conference with Jimmy (5/31/95)
Telephone conference with Atty. Connell (5/]1/95)
Telephone conference with Bob Smith (6/7/95)
Latter to client (6/7/95)
Telephone conlarance with Jimmy (6/8/95)
Talephona conference with Dal Lama (6/8/95)
Iwttar to Dal Lantz (6/9/95)
Draft Consent form ra: utility easement (6/9/95)
Telephone conlarance with Jaan llcHaael (6/17/95)
Talephona conlarance with Jia Ridd (6/11/95)
Raviaw file/prepare for closing (6/1]/95)
Talephona conferences re: closing (6/15/95)
Prepare Power of Attorney !or Gus Giambilis (6/15/95)
Review Assignment of laases~ ensemanta (6/15/95}
Letter to client (6/16/95)
Talephona conferences with Jimmy (6/16/95)
Talephona conferences ra: closing (6/16/95)
EXHIBIT B
(Page 6 of 7)
June 23, 1995
Page Seven
Fax to Reran Connally, Esquire (6/16/95)
Review !ax from Commerce Bank (6/16/95
Letter to clients (6/16/95)
Deliver documents to Dinar (6/16/95)
Telephone conferences re: closing (6/19/95)
Prepare for closing (6/19/95)
Telephone conference with Jimmy (6/20/95)
Prepare for closing (6/20/95)
Representation at real estate closing (6/20/95ira 6 21/95)
Telephone conference with Reran Connally, Esqu ( /
Latter to Raren Connally, Esquire (6/21/95)
Latter to clients (6/21/95)
Protesaional lae: 130.5 hours at $135.00 par hour:
Costs Advanced:
Pamela Shaeffer, Court Reporter:
Certified bail (9/13/94, 12/13/94, 3/10/95):
Total Costs Advanced:
Lass Retainer Fee (1/11/94):
Lass payment from client (5/6/94):
Balance Dua:
EXHIBIT 8
(Page T or T)
,:_
:::"k
..m
L
275.90
17,617.50
283.00
- 1,500.00
176.00
$16
I, Richard C. Snelbaker, state that I am the President o!
Snelbaker, Brenneman and Spare, P. C., the Plaintiff herein, that
I am authorized to make this verification on its behalf and that
the facts set forth in the foregoing Complaint are true upon my
personal knowledge or information and belief.
I understand that my statements are made subject to 18
Pa.C.S. $ 4904 providing for criminal penalties for unsworn
falsification to authorities.
Date: March/ , 1997 ~- _ ,~~c.-2~-
R c and C. Snelbaker
uw ornc[s
SR[1MRQ.
BR[NRCMAN
a SAAR[
W
0.~
0.
t/'1
w
z
z
W
m
5 W
e
F Zy]~
yO H 3
( W
4
5 k a
~ < z
N
n_
S
Nz o_
Z ~
W
s
a
0
d s
m
X37
3
V
W
SNELBAKER, BRENNEMAN & .
SPARE, P. C.,
Plaintiff .
v.
NICHOLAS GIAMBILIS, DIMITRIOS
TSITSIRIS, GUS GIAMBILIS, and
GIANBILIS ENTERPRISES, INC.
t/d/b/a CAMP HILL DINER, .
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1493 CIVIL TERM
CIVIL ACTION - LAW
PLAINTIFF'S REPLY TO NEW M_aTTER
Plaintiff Snelbaker, Brenneman i Spare, P. C. submits the
below Reply to Defendants' New Natter:
18. Admitted in part; denied in part. It is admitted that
Richard Snelbaker refused to represent Defendants in matters
involving Hampden Township. It is denied, to the extant it is
expressed or implied, that Defendants had or have any plausible
cause of action against Hampden Township. It is further denied
that Plaintiff in this action is Richard Snelbaker. To the
contrary, the Plaintiff fs the law firm of Snelbaker, Brenneman i
Spare, P. C.
ey way of further Reply, Defendants engaged separate
counsel, Marlin R. McCaleb, Esquire, to represent their interests
in a zoning matter involving Hampden Township. Defendants'
engagement of Attorney McCaleb was understood by Defendants to
~.e~.~ avoid any concern of a possible conflict of interest aririnq fros
s»[~^~K[R. Nr. Snelbaker's role ae Hampden Township Solicltar.
aR[N N[M~N
e s.~R[
19. Paragraph 18 of this Reply is incorporated by reference
herein in its entirety. By way of further Reply, Paragraph 19 of
Defendants' New Matter contains unwarranted conclusions of law to
which no response is required by this party pursuant to Pa.R.C.P.
1029(d). To the extent a response is necessary, it is denied
that Plaintiff should not have continued the representation of
Defendants. It is further denied that Plaintiff's representation
of Defendants hindered the Defendants' rights to proceed against
the Township. It is further denied, to the extent it is
expressed or implied, that Attorney Snelbaker engaged in any
imprudent behavior in Plaintiff's representation of the
Defendants.
~» ~.
SN[lSM[[R,
dli[NN[MAN
Q S-AR[
20. Admitted in part; denied in part. It is admitted that
the Plaintiff advised the Defendants that they had possible
recourse against Kimco, Sanndrel of Pennsylvania, Inc. and David
Benson. It is denied that Plaintiff advised the Defendants that
'.they had any recourse against Nampden Township. it is further
denied that Plaintiff failed to pursue any claims against Kimco,
Sanndrel of Pennsylvania, Inc. and David Benson in a diligent and
skillful manner. By way of further reply, Defendants were
repeatedly advised of their option to pursue litigation againr~t
Kimco, Sanndrel of Pennsylvania, Inc, and David Benson, but
Defendants elected to settle the Equity Suit rather than continue
to litigate the matter, after repeatedly being advised that
settlement of the Equity Suit would preclude further litigation
-2-
against the parties thereto.
21. Admitted in part; denied in part. It ie admitted that
Plaintiff advised Defendants that they had recourse against
Kimco, Sanndrel of Pennsylvania, Inc. and David Benson. It is
denied that Plaintiff advised Defendants that they had any cause
of action against Hampden Township. It is further denied that
Richard Snelbaker changed his opinion and advised Defendants and
that they had no rights against anybody and that Plaintiff
abandoned Defendants' case against Kimco, Sanndrel of
Pennsylvania, Inc. and David Benson without justification or
without Defendants' consent. Defendants elected to settle the
Equity Suit rather than continue to litigate the matter, after
repeatedly being advised that settlement of the Equity Suit would
preclude further litigation against the parties thereto.
22. Denied. It is denied that Defendants at any time paid
$7,500.00 to Plaintiff. On the contrary, Defendants paid
Plaintiff $6,276.00. It is further denied that the amount
outstanding and due by Defendants to Plaintiff is in any way
excessive or prohibitive.
23. Denied. It is denied that Richard Snelbaker !Wiled to
represent Defendants in a skillful and diligent manner for the
reasons sat forth above in Lhis Reply, the averments o! which. era
""°"""' incorporated by reference herein.
SNCLMK[R.
aR[NNEM.~N
n s-xR[ _3_
24. Denied. Paragraph 24 of Defendants' New Matter
contains unwarranted conclusions of law to which no response is
required by this party pursuant to Pa.R.C.P. 1029(d). To the
extent a response is necessary, it is denied that the services
performed by Plaintiff were not performed up to the standards of
the legal profession in Cumberland County. On the contrary, said
services were performed in keeping with the highest standards and
tradition of the profession.
25. Denied. It is denied that Richard Snelbaker advised
the Defendants that they would be billed monthly. By way of
further reply, at no time did Defendants request monthly
billings. Further, Defendants were never prevented from
questioning any bills rendered to them, nor from paying on
account thereof.
WHEREFORE, Plaintiff demands judgment against Defendants,
jointly and severally, in accordance with the demands made in the
in this case.
SNELBAKER, BRENNEMAN i SPURS, P. C.
By:
Ke th O. Brenneman, Saqu re
44 Weat Main street
Mechanicsburg, PA 17055
(117) 647-8528
`A"' °"'°" Date: July 3. 1997
$NEI MI[[11,
BR[NN[MAN
e $-Ae[ ~4-
,. ._,^
I, Richard C. Snelbaker, state that I am the President of
Snelbaker, Brenneman and Spare, P. C., the Plaintiff herein, that
I am authorized to make this verification on its behalf and that
the facts set forth in the foregoing Reply to New Matter are true
upon my personal knowledge or information and belief.
ur omoi~
SNns~KrR.
ORCNN~M~N
a Sriute
I understand that my statements are made subject to 18
Pa.C.s. $ 4904 providing for criminal penalties for unsworn
falsification to authorities.
Date: July 3, 1997
I, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that i have,
on the below date, caused a true and correct copy of the
foregoing Reply to New Matter to be served upon the person and in
the manner indicated below:
William T. Smith, Esquire
3747 Derry Street
Harrisburg, PA 17111
~ i
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN i SPARE, P. C.
44 West Main street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Date: July 3, 1997
uw en¢o
$NEL~AKER,
aRENNEM111N
d $~aRE
SNELBAKER, BAENNEMAN AND i IN TEE COURT OF COMMON PLEAS OF
SPARE, P.C. CUMBERLAND COUNTY, PENNSYLVANIA
t
V. :
: 97 ~y93
NICHOLAS GIAMBILIS, DIMITRIOS s N0. $b-5b$S~CIVIL TERM
TSITSIRIS, GUS GIAMBILIS, s
AND GIAMBILIS ENTERPRISES, CIVIL ACTION - LAW
INC. t/d/b/n s
CAMP BILL DINHR t
Ili RE: VACATE ARBITRATOR
ORDER OF COURT
AND NOW, AUGUST 27, 1997, the appointment of Edward
Schorpp, Bsquire, is hereby vacated and George B. Faller, Jr.,
Esquire, is appointed in his stead.
By the Court,
i
1~
~~
ld E. Sheely, P.J.
James D. Flower, Esquire _ C-~~°~`~ gf Js~9 p+
Chairman
Court Administrator
:sld
~~
w~ ~ ;`
~~ ._. J
, :.3 «)
LL. P[ ~~
~'
' k~
t
(~ a: ``
~;.
<-. G Ca
C:\WY51\Adrirmhun\tin.IhaAcr\Nuiicc
SNELBAKER, BRENNEMAN & SPARE, P.C.,
Plalntitf
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
~ N0: 97-1493 CIVIL TERM
NICHOLAS GIAMBILIS, DIMITRIOS TSITSIRIS,
GUS GIAMBILIS, and GIAMBILIS ENTERPRISES, INC.,
t/d/b/a CAMP HILL DINER, .
Defendants
We do solemnly swear for a/firm) that we will support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth and that we will discharge the duties of our
office with fidelity.
~ `1 1
~.~(i t l`. t t1 . lit4J 7y`i
C~
~ V
Oala F. Shuphart, Jr., gwro ~i/roto
Arbitrator, dissents. rb+snr rtarrw d ~pykc.blr.l
Date of Hearing: nr_rnhar 22, t997
<. ,
Date of Award: s' '~` ~`~ I
t' '~..
Jrrres 0. flowpM~n. Esgwa (~haurganl 1, a J , L ,
~ r ~~
Frwwt ~. . Ewuue IAr~ra(«I
l)al~ F
We, the undersigned arbitrators, having been duly appointed and sworn for aflirmedl, make the
following award:
rroor. • er,.p.. la awr a+....,e.,t, n+r w.r
e• w,,.r«r n.r.,
,, __
~ ,
_
'
.,
.<<,
:;
}
{
i
j
d
4
C:\W P51\Ad~ilrntiun\tinelhukcr\\ulim
NOTICE OF ENTRY OF AWARD
Now, the ~ day of ~ele-~...~ , t 9~, at 3 ~ 1 3 ~,t~ o'clock, ~' .fVl., the above
award was entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be
paid upon appeal:
S J9o.tN
~~ ~ ~u~
Prothonotary
gy_ L}~ tt ~~
Deputy
JoAnne Murphy, Esquire
Gingrich, Smith, Klingensmith and Dolan
222 South Market Street, Suite 201
Elizabethtown, PA 17022
(717) 367-1370 FAX (717) 367-3219
Attorney I.D. #80838
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
ADAM LEITZELL,
vs.
No. 97-1493
CONSTANCE BEAKER (formerly ACTION IN CUSTODY
CONSTANCE LEITZELL),
Defendant
PLAINTIFF'S ANSWER TO DEFENDANT'S SECOND PETITION
FOR EMERGENCY RELIEF AND COUNTERCLAIM
AND NOW, comes Plaintiff, Adam Leitzell (hereinafter "Father"), by and through his
attorney, JoAnne Murphy, Esquire and Gingrich, Smith, Klingensmith & Dolan and files this
Answer to Defendant's (hereinafter "Mother") Second Petition for Emergency Relief and in
support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. By way of further answer, Father and/or Father's attorney have not stated their
opinions regarding Mother's request for custody from May 4, 20907 to May 9, 2007. Instead,
Father through Father's attorney has stated Dustin's desire. Dustin, who has suffered emotionally
and behaviorally, has indicated to his Father and his Mother that he does not want to visit with
Plaintiff
1
his Mother prior to the Custody Conciliation as Dustin believes Mother will put emotional
pressure on Dustin to support Mothers' request that Dustin live primarily with Mother. Father
believes based on the recommendations of Dustin's psychiatrist and psychologist that subjecting
Dustin to such pressure is contrary to Dustin's well-being and best interest.
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied. Father is without sufficient knowledge, information or belief to form a
response as to the averments set forth. Strict proof is demanded at trial.
10. Admitted. By way of further answer, Dustin's request to his Mother was a result of
Dustin's belief, based on Mother's past practices, that Mother will attempt to put pressure on
Dustin. Dustin has reported to his Father as well as his counselor that he feels manipulated and
pressured by his Mother who routinely has placed so much emotional pressure of Dustin that
telephone conversations usually result in Dustin becoming emotionally distraught and in tears.
Given Dustin's mental health diagnosis, such interaction is contrary to his best interest.
11. Denied. Father is without sufficient knowledge, information or belief to form a
response as to the averments set forth. Strict proof is demanded at trial.
12. Admitted. By way of further answer, Dustin has reported to Father that he believes
his Mother will not place pressure on him after the conference. Father believes based on the
recommendations of the mental health professionals treating Dustin that it is very important to
empower Dustin in dealing with his Mother and placing the boundaries that Dustin believes are
important to his mental well-being.
13. Admitted. By way of further answer, Father believes after months of therapeutic
interventions that it is important for Dustin to express his opinions and views related to his future
2
and his strong desire to be successful.
14. Admitted.
15. Admitted
16. Denied.
17. Denied. Dustin has reported to his Mother as well as his Father that he strongly
believes Mother, despite her statements to the contrary, will put pressure on Dustin as she has
done in the past, time and time again. Given Dustin's most recent difficulties with his Mother,
Mother's proposed visit could negatively impact Dustin.
18. Admitted and by way of further answer, Father is merely following Dustin's request
which Father believes is important based on the mental health professional's recommendations.
19. Admitted in part and denied in part. Father has reported to Mother that he is following
Dustin's wishes. Father is also considering the views of the mental health professionals treating
Dustin.
20. Admitted.
21. Admitted.
22. Admitted.
23. Denied. Father is without sufficient knowledge, information or belief to form a
response as to the averments set forth. Strict proof is demanded at trial. By way of further
answer, it is clear Dustin has made his wishes known. Given Dustin's mental health diagnosis
and difficulties that have arisen between Dustin and his Mother, Mother's request for visit for an
extended visit is not in best interest of the Dustin. Dustin is quite apprehensive about being alone
this weekend with Mother for the signification amount of time Mother has requested.
24. Denied. Father is without sufficient knowledge, information or belief to form a
response as to the averments set forth. Strict proof is demanded at trial.
3
WHEREFORE, Father requests Mother's Petition for Emergency Relief be denied based
upon Dustin's desire and his mental health diagnosis.
COUNTERCLAIM
25. The prior paragraphs of the Petition for Contempt and Modification are incorporated
herein by reference thereto.
26. Father believes and therefore avers that the current summer schedule is not in the
child's best interest for the following reasons:
a. Father believes and therefore avers that the child has disclosed that he has
learned inappropriate behavior in Mother's home and is left unsupervised for significant periods
of time.
b. Father believes and therefore avers that the child is currently receiving
intensive mental health treatment to insure the child's future success for the next school year.
Father believes and therefore avers that an extended summer visit to Mother's will undermine the
child's treatment and may cause further emotional harm to the child.
c. Father believes and therefore avers that the child has indicated a strong desire
to limit his summer contact with his Mother in order to facilitate his treatment and get back on
track.
d. Father believes and therefore avers that Mother minimizes the child's behaviors
which undermine the therapeutic interventions being utilized to assist the child.
e. Historically, Mother has stated that the child does not need pharmacological
interventions which is contrary to his mental health provider's recommendations.
f. Currently, the child is to begin intensive family-based counseling which is to
4
occur over the summer. It is the hope of the child's treatment teams that such interventions will
be successful and thus, avoid a more restrictive setting such as a residential treatment facility.
27. Father believes and therefore avers that the best interest of the child would be served
by revising Mother's current summer custody schedule pursuant to the parties' Agreement.
WHEREFORE, Plaintiff respectfully requests that the Honorable Court modify its
current Order as to Mother's summer custody period.
Respectfully submitted,
GINGRICH, SMITH, KLINGENSMITH & DOLAN
VERIFICATION
JoAnne Murphy, Esquire, being duly sworn according to law, deposes and says
that she is attorney of the Plaintiff, Adam Leitzell, and that said Plaintiff is not readily
available to verify that attached Plaintiff s Answer to Defendant's Second Petition for
Emergency Relief and Counterclaim in time for filing and the facts and information
therein are true and correct upon the information reported by Plaintiff based upon
Plaintiff s personal knowledge, information and belief.
6
JoAnne Murphy, Esquire
Gingrich, Smith, Klingensmith and Dolan
222 South Market Street, Suite 201
Elizabethtown, PA 17022
(717) 367-1370 FAX (717) 367-3219
Attorney I.D. #80838
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
ADAM LEITZELL,
Plaintiff
vs. No. 97-1493
CONSTANCE BEAKER (formerly ACTION IN CUSTODY
CONSTANCE LEITZELL),
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of Plaintiff s Answer to
Defendant's Second Petition for Emergency Relief and Counterclaim upon the person(s)
and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P.
440:
Service by first-class U.S. Mail addressed to:
Emily Hoffinan, Esquire
P.O. Box 11475
Harrisburg, PA 17108-1475
GINGRICH, SMITH, KLINGENSMITH & DOLAN
By:
7
~
C? ;~ ~
-r~
r" :.~
~
- :.
.~ -'n
r~r-
~ty ~.'.
-~ -=~;
~ : r:.~
~"
' ~ t i
7
~=~ t '~i ~',a-C
.a ~_