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Home My WebLink About00-05798 . . -", .., ~ .. ------c-,----,----'----,-----,---;;;:-==-;-.... 1;' ''', :'~, ~,'" !", '," . ,,":,..><.::' :c,' COMMONWEALTH OF PE.NNSYLVANIA :-, COURT OF COMMON t;'LEAS <~artbeJ;>iand COJt1ty . ~ . JUDICIAL OIS::rR1CT 9th NOTICE OF APPEAL FROM - -DISTRICT .JUSTlCE JUbGIVlENT ~ COMMON PLEAS No. od'~ _ /1 'f "--~ '''?I?,.p , ",- ..:::. ~ L.U.....! \. ff'-: /.; ,-"" i NOTICE OF APPEAL '<>$ Notice is giv.en that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. -.--~~-----~ - NAMe: oF' APPIt:L.L.ANT .......-G. CIS"T. 1'10, OR" NAMe: Of' D.J. R i ."'~l": ADDRESS of A,PPE:t.1.A.NT " ,.. p 1 ~ ,.. 09-1-02 C:lT'i S'TATF ZIP cooe: 221 Valley Road, Mt~ Gretna, FA 17064 C....Tt'.: OF JUC~M!;;NT IN TH!l: c...se-: CFIP','a1"J ,/;,"""J.;"'! l(::.1$E#1!J;iC!/E~~r ~..:::f!' 7/26/00 Gates & Associates, ?~C" Elbert Leate:P1 .Jr~ 9 VO. CLAO" No ~~ ~~ 00001.81-00 ~:A-::;=~Y ~~~_ ThiS block will be signed ONLY wh.en this notation is required 'i;~r Pa. I If appellant was Claimant (see Pa. R.C;'pjp, R.C.P.J.P. No.l00SB. No 1001(6) in action before District Justice. he This r~otice of Appeal, when received by th..l District .Justice, will operate .as . . 3 SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within tV'.Ienty (20) days after filing his NOTICE of APPEAL. Signature of Pro thono rarv r;Jr Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used GNL Y when appellant was DEFENDANT (see Pa. R.C.PJP. No. 1007(7) in action before District .Justice. IF NOr US~D, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter' rule upon Gates &. Asso'c :Le,te8-~ P ~ C ~ Name of appe/fee(s) {Common'Pleas No. r)/''''''!.- .,.c;.lj9P (?;j;; (' ,. /~~y-rq;ithin twenty (20) days after service of rule or suffer entry of judgment of non pros. ~ Ii' , A ~""'> _ ....tn. ,. / ~o.~_~~.%'t~~~~ ( , Signature of appellant or his at'/:i/'rnev or agent ,appolleo(s) V ,appelle~(s), to file a complaint in this appeal RULE: To Gates. & Associates, ?G. Name of appeflee(s} -'" >.'.~:'~. \....\,-, . (1) You are notified tt1.?f~:rui~ is h~rebY61Jtered upon you to file acompiaint in this appeal within twenty (20) days after the date of service ot.i6is rule uportyou b~:p'e:rsonal service or by certified or registered mail. ~~'::-,.~:. . .,:".'.'>~:tf. (2) if you do ncifme acorl)plaint:.)(1iithin\h!sjiine, a JUDGMENT OFNON PROS WILL BE ENTERED AGAINST <.f.__,_" ..',' ,,'_ /'. YOU UPON PRAECIPE6:"~)" . >::.::,.. ." " .; .. ~{ fl;~: ". '::.~:~=-;~:;' w~.~) .~: :;'~~ {:. " . < (3) The date o(',~e?vice ohh'istule)fserviGft,vss bymaii is the date of mailing. . r) . J ';~,:~;,> ' ..~ ': 9:f:' .,. /-:)" 0 (.~/) /7\)') .If- I~,' f:u .r:-r- ot"l~~\ ; ~~;",:,,:,.,;t:~'1'f\:;~~~.~~'~ 'o~~' ~/C~fl -~...- . /' ~/;;r;J/)_~Y~/;. ' fC!.d~->'"", I -, i\. ,;' ';; ':".' '~r;;";~' SjgnatureofPrethonotaryor Deputy '11.""" .>,..........~,:_;--.:;,~>>:;:. , Date: White ---- ProthonotaJ y Copy Green ---- Court File Copy Yellow --. Appellant's Copy Pink -.-- Appellee Copy Gold---D J. Copy ,'1';:;1:<', ",o.,.,j" ".f-" ;{<;t.c"'" "-"1";"';"";"'--" '^-iJii,;">,,;':''',,-c~,,f;' .-.'>>7".',,,' "....',,..:!-Jj,'\i<.j,-'lii_-""-"U_""_.'.;oHn' t " PRo.o..F 0.1' $E&lViIC.IE'0FI'I/OTlC~, OF,A\PP~AL AND RULE. TOE!LE COMpLAINT .(This proof of service MUST BE FILED WITHIN TEN (10) DAYS.AFTER filing the noticecOfcappeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby swear or affirm that I served ,upon the District Justice_ designated therein on by personal service 0 by l.cerlifiedl'{registered) mail, sender's . . . ' ,on o by Icertilied) Iregisteredl mail, sender~s ,eceipt attached hereto. o a copy of the Notice of Appeal, Common Pleas No. ldate of service) ,19"-.-, 0 receipt attached hereto, and upon the appellee, (name) ,19_.0 by personal serv'rce o and further that I served the Rule to ~~_om the Rule was addre.ssed on maU, sender's receipt attached hereto. File a Complaint accompallying lhe above Notice of Appeal upon the appellee(s) to ,19__, 0 by personal service 0 by (certified I (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY-OF.";.. ,19_. '1. " Signature of affiant Signature of official before whom affidavit was made Title of official My C0rT1miSS'i6"~'expires on ,.19_. & . C) ,0 ;~ ~ c. 0 :r :;;: "" ~O )-oco ,- men ~ , . . Z::O N ~ 8, 1-J ZC~ - ~C7 N .'~ ~ '\ !.<Co "'"D , I in -e ... ....;:... .. _:p" ..N ~ ijP ~. ,. 0 ~ 0 - c. t ~ r. . 0' V l , t- o ~1'1 .:-!f8 --'{.'., ' ~lj .":f; o::D 2("") . _CDi'T1 ~ -< .-"-~ ,- ".' -, ".._= _ ,k.;. - - .~l~ , . COrvifl.10NWEALTH OF PENNSYLVANIA COU~TY OF: CUMBERLAND ',. NOTICE OF JUDGMENTrrRANSCRI&.'T " CIVIL CASE PLAINTIFF: NAMe.nd ADD.ES. ..., : ~TES & ASSOCIA~S. P.C. ' 1 1013 KlJHIIA ROAD WOllMLBYSB1JRG~ l'A 17043 L: .J ~44a.OI51.Nr;J.: I I OJ N~Ma: t'1an. i IlOBERT . V. HANLOVB Ad<l'~'" 1,9.01, 'STATE STREET , (:'AMp a:l:LL. PA , " '~, ',' T.'.:"...., (717) 7 61 - 0583 , 09'1-02 V5. .';;" .~ 17011-0000 DEFENDANT: NAME .n' ADD"ES. rz:.BSTER. on:. ELBERT, ET AL. 6270 HtlNTDlGTON BARRISBtlll,G. PA 17111 L Docket No.: CV'0000181-00 Date Filed: 5/10/00 .1 ; ; . [ I RO~EHARIE JACOBY.POA 22:1; VALLEY RD ....: MT iGR:8TNA, PA 17064 I I \ i FOR ROSE LESTE .J I I ! I i I .. . .... p ~-. . .".;-. ., I " , ,. THIS IS TO N~IFY YOU THAT: - -_. ..., i :itJl:fgmenC - .-.. -, ...~--_.--,.. ooJ JUdgment was emered for: (Name) Ii] J\Jdgment was entered against: (Name) i in the amount of $ "1 124 '7"1 on: .. 'PeR 'PT~TNT"'ll'P".;r.. .'._' n~.~R ~ ~~~n~T~~a' ~ ~ I 1 llnA''lrMa.'RT'R .Ta.,..n'RV 'Ooa. 'Pn'R TlnAR T.'RA"I''R (Date of Judgment) "1/'2t:./nn , , o Defendants are jointly and severally liable. o Damages will be assessed on;,.~ , !" , . [j This case dismissed without prejudice. , , , d Amount of Judgment Subject to i AttachmenVAct 5 of 1996 $ [j Levy is stayed for days or 0 'generally stayed. (Date & Time) Amount of Judgment $ 3".000.00 Judgmem Costs $ 124.73 Interest on Judgment $ .00 Attorney Fees :0 . .00 Total $ 3.1J4.73 Post Judgment Credits $ Post Judgment Costs $ ------....----- ...----------- Certified Judgment Total $ . ., o Objection to levy has been flied and hearing will be'held: , ., '. . , - -. ...~.. .. .. .... .. " '.. , DatF: , Place: i Time: , ! ANY PARTY H4.S THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE , . OF APPE4.L WITH THE PROTHONOT ARYtCLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU I ' ~ .. r..... ". MUST INCLUDE A COpy OF THI TI OF JU'r;M "TlTR,~ C; {T FORM W~,~,.:'~O'm. ~~~::~~~.,~~PEAL. \ to,:"', 'I'.,,:~,~ '.. ~;, :r " :,~:;;:", I Olstri6t,Justi-Ge . .;..." '1 ,~, '('l , My~commisslon expires first Monday of January. , i AO~C 315.99 I e proceedings ~ntairi'1g ~?ib~9Tefii:' ',} .. 't~~\'l r~~~"}', ~~' ,. :~, ~:\'"r" :'~trictJ~'Sti~e . i 'f.lT." " ,/ .1" (,t, ','&\1.'11' .r'" ''I< .... 2006 ~''90i~~~hl:I\.~I1.~ J: . "'j - , ','- ~. -j!;~'-1 !1'-.l.":":',~.t~i'~I~:' -" , ;' "l'>>,".',,:.; '~:,;1~, COMMONWEAL TH.oF PENNSYLV ANIA I ~ CO~RT ~F COfQlMON:'~LE'AS'" LCunbel'land COunty' . -....; JUDICIA.l. D. "I~)JRICT 9th" ,#' :I .7 NOTICE OF APPEAL FROM .- -DISTRICT ,lUST ICE JUDGMENT COMMON PLEAS No. cd - ~77'P(];.J' rJ~-'; h--. , I '" Notice is given that the appellant has filed in' the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. ' NOTICE OF APPEAL NAME OF APPI<I.I.ANT Rosem~riA JR~nhv 'POA ~n~ RAg~ T~~ter AODRESS OF APPEI.L:ANT - J CITY r;;;~'~~~; OR NAM' OF 0.' STAT" ZIP CODE 221 VaHey Road, Mt. Gl'etna,PA DATE OF JUDGMeNT IN THE CA~E:'OFIP""""II! ,n064 ,I),.".""...,,} f(os~y';",,~v I 'J" ....-'Of 7/26/00 Gates & Associates, P.C. VS'. S1GNATURE OF AFFELl.ANT OR HIS ATTORNE';Y OR AGENT Elbert Lester, Jr., CLAI.... NO" CV 19 0000181..,00 LT 19 ~~00.1. .0~1,.,-;. This block will be sign'ed ONLY 'wii,en this notation i's required R.C.P.J.P. No..1008B. This Notice of Appeal, when I"eceive.d by -the District .Justice, will operate as a SUPERSEDEAS to the judgment for'p'QSs~ssion in this case. If appellant was Claimant (see Pa. R.CP.J.P. No. 1001(6) in .action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Pro tho no tar V or Deputy ----_._-~ , ", - , , . . PRAECIPE TClENTER RULE TO FILE .COMPL4INT AND RULE TO FILE (This section of form to be used ONL Y when appellant ""as DEFENOANTls~e Pa. HC.P.J.P. No. 1001(7) inaction before Oistrict.Justice. IF NOT USED, detach from copy of notice a~appeal to :be served upon appellee). PRAECIPE: To Prothonotary Ente,'1rule upon Gates &.Associat.es. P.C. ,appellee(s), to file a complaint in this appeal . , Name of appellee(s) (Common PI'eas No. ~~- SI'J9P (!.)t Ji ( --P~ithin twenty (20) days after service of rule or suffer entry of iudgment of non pros. , RULE: To Gates'g. Associates, P.C. Name of appellee(s) , '~ , ,,", '_'c,,:~'S'\\:\\"\'._ ," ' (1) You arenb~i.fiedtQ.?~'\r"'j~j$.bb.~~illl?red upon youio file a complaint in this appeal within twenty (20) days after the date of service o~'rLj~'\.iPbn"9oLlJl)i~~tlibnal service or by certified or registered mail. ~~~~~:~:.":,-,,... , ' __~:''', ;", ;:~:_ ,,,,<-,:.~,~(f:~~f~:,\ _," . (2) If you do ncjf~a' cQmpla,il):~within"tliISJlQ1e, a JUD<3MENT OFNON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE?~J:: . ..,\,;,;~,( '. .' ';:" :::: ~ -'~ '---' "- - .'--.... ~ .< ...:,<, :::::- ~-j,A ,'- ,,:":, ']_\~"-', \", -".' ,~"'! ?_~ (3) The date O(~~~~of'~ls'!e:ts~~ffis by mail, is the date ~mailing. . p c~. _ Date: {jt, 7'''' d ~~?~'~~l)~~\~; ....... ~~(J - ;rJV?A'y./I~">' , .hi,\ -"<Ii' .. ,\", '-;",~":~- SignatureofP thonotaryorDeputy 'd\\, - :" _ ". ~~,-' . ')~"';.>"')""" -.. , appellee(s) White.... Prothonotary Copy Green ~--- Court File Copy Yellow... Appellant's Copy Pink -..... Appellee Copy Gold ...... 0. J. Copy ,~,,,,,''''-- .. kll ,,-,-,--,' '__...,~ ~ -'':-'~~"""""",,.;.~,,.,,,,,,,.e_,,,,,,,,,,. ~~"-,,,,,,,>~, "~'...rd"~" "e="-,~,""'''''''- ~""-"'''~".,""~,il>\"",,,,",",",,,,,,,=~,,.,_ "~__<"" ,,_ ,'--.'~~_'" "I -",--'l<",I,N' ' --.'t,.,__" . "'c,'.,,, "iJ",' i~_.,'''''', [ ) PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WiTHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA .v62~~ COUNTY OF ;ss AFFIDAVIT: I hereby swear or affirnl that I $erv(~<1 'a1' CJO '51%' c,~\ "Ium ~ a copy of the Notice of APReal, Common Pleas No. ~_. up~n the District Ju.s~ice des.ignated t~erein o~ (date of service) ~U~1- o.~:t.. , %~, D by personal service ~ by (certifIed) (registered) mall, sender s receipt attllched hereto, and upon the appellee, (name}~~__~_._~_~_ - . on t\<.~~ "8.,.k- &~ ,1";4'- ~)D by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. ~ and further that I'served the Hule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~>k ad. . '\ll:~~ 0 hy personal service)O. by (certified) (registered) mail, send~r's receipt attached hereto. My commission expires 011 ,19_. ~~-., ( 0 0 \ i f; a 0 I :-0 -'."" :bJ. -'1 ,_/ ~ro ~ -,J--':;:: S ~_u ~") ~('- 0,,,, I\.) ;:$ ~.- to :::::: l~,.: i!Ec ~ .::::;0 '" ~ ry ~ -:.r. .;:- ~:'i SWORN (AFFIRMED) AND THIS ~ DAY OF BSCRIBED BEFORE ME ffi"~i1'O , . ~ , , re of official before whom affidavit was milde "'\J;l -;",if}] :.,_. ,-J ., J <~:~ :::"'1 J> :::a -<: ~- Notarial Seal Yvonne R. Durham, Notary Public Harrisbur9, Dauphin County ,~~y_~~~~::i~~l,~_Expires Aug. 20, 2001 . -~. ,.ne- Pt: .-,: '1IVa, " .'%ociation of Notaries ... . , ,,,_N,"_',,,,,_ ,',,";' "_"_ ",." , Oomplete items 1, 2, ahd 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse , ' so that we can return the card to you. , .. Attach this card to the back at the mail piece, , or on the front if space permits. 1. Article Addressed to: G-o..\e.S *' A'550~'\(J,,\esl ~.L. \ D \ 3 I[Y\ u. ~ (Y) 0... R Da..cl. \ND\m \e.,/S~u.\~ I PA .,~ \lDl.\3 . x D. Is delivery address differen from item 1? If YES, enter delivery address below: 3. Service Type 'lSlCertified Mail 0 Express Mail d Registered ~ Return Receipt for Merchandise o Insured Mail' ~ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes ,,!,,11'lab~Q; 1L i'-l~~ \ i~Ht'l::: 41, to2595-00,M.Ol!IW Domestic F.l.etum Reeeipt -"'._""7',,,_,___-,, __.,_---.- __- . GbniPJfit? jiS-l, 'z, and 3. AlSo'complete item~ if Restricted Delivery is desired. ,. . Print your name and address on the reverse ~so that we can return the card to you. . Attafh this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: fl 0 'oe..r -\- fC\o.(\ \ 6'i e...... \'\0 \ ';)\-o..\-e.. .5\-r~~ c..o..rnf \\\\\, Pf.\ \ "\0 \ \ -- . Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type ~Certified Mail 0 Express Mail o Registered ~ Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes -PS Form i"P..U i ~l'ti kl!q i utifJ /l;, 102595.00-M'{}952 - Domesuc Retlllrn Re'oeipt (l[iltw~M,'t1l!\!Qll'<$i"-1;:iilli!ii;I'~ti~;"",-I;WI;r,j",'i,,,,_.,j:,m""i-W~~I~~~~,a'~' .....rrr~'*'~illn~!!li!lI!w;~~~~!oi'iiiil!l.'li1I~.'"-~~.-.,"1 '~"''1 () c: -r.1~~ mf1; Z:J-=.i t1j ~:_~ ?t~ ~~) ~~~ "=I .< L~ .- ~- '-""" ,"~ " ---~ (:J. C) ~ i5 1" u;;; (] ;--,'1 - ;-.~ '-':=-:> ."1"') :~-,() O'~, ::::,'\ ~F" _.0 -< :::1.: F);i _:.n ..,.. ... ~"I II II II I, I' I I I I , L'!l _.......~ - i,l! 1-" _,~ GATES & ASSOCIATES, P.C. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, AND ROSEMARIE JACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION NO. 00-5798 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 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 Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 "" ~ '"~. '-,- ",,". '<:til!i~_' GATES & ASSOCIATES, P.C. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. IELBERT LESTER, JR. and ,ROSA LESTER, Husband and Wife, AND ROSEMARIE QACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION NO. 00-5798 COMPLAINT AND NOW comes the Plaintiff, Gates & Associates, P.C., and hereby sets for the following complaint. 1. The Plaintiff is a law firm incorporated by and operating under the laws of the Commonwealth of Pennsylvania, with its principal office at 1013 Mumma Road, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant Elbert Lester, Jr. is an adult individual residing at 6270 Huntingdon, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Defendant Rosa Lester is an adult individual residing at the Grayson View assisted living residence, 150 Kempton Avenue, Harrisburg, Dauphin County, Pennsylvania 17111. 4. Defendant Rosemarie Jacoby is an adult individual residing at 221 Valley Road, P.O. Box 617, Mt. Gretna, Lebanon County, Pennsylvania 17064. She is the daughter of Elbert Lester, Jr. and Rosa Lester. 5. Defendant Robert E. Lester is an adult individual residing at 6330 Somerset Street, Harrisburg, Dauphin 2 ~~ County, Pennsylvania 17111. He is the son of Elbert Lester, Jr. and Rosa Lester. 6. Defendant Shannon Lester is an adult individual residing at 6270 Huntingdon, Harrisburg, Dauphin County, Pennsylvania 17111. She is the daughter of Robert E. Lester, and the granddaughter of Elbert Lester, Jr. and Rosa Lester. COUNT I BREACH OF IMPLIED CONTRACT 7. From October 1, 1998 until July 13, 1999, Defendants Robert E. Lester and Rosemarie Jacoby served jointly as Attorneys-in-fact for Defendant Elbert Lester, Jr., pursuant to a Power of Attorney dated October 1, 1998. 8. From October 1, 1998 until October 25, 1999, Defendants Robert E. Lester and Rosemarie Jacoby served jointly as Attorneys-in-fact for Defendant Rosa Lester, pursuant to a Power of Attorney dated October 1, 1998. 9. Plaintiff believes, and therefore avers, that Defendants Rosemarie Jacoby and Robert E. Lester, in their capacities as attorneys-in-fact for Defendants Elbert Lester, Jr. and Rosa Lester, transferred all marital property and assets along .with all of Defendant Elbert Lester, Jr.'s individual property and assets into the sole name of Rosa Lester. 10. On or about April 27, 1999, Defendant Elbert Lester, Jr. contacted the Plaintiff, Gates & Associates, P.C., for the purpose of having Plaintiff perform various estate planning services for the Defendants. 11. At all times relevant hereto, Susan Kay Candiello, Esq. has been an attorney licensed to practice law in the Commonwealth of Pennsylvania and employed by the Plaintiff. 12. On or about May 6, 1999, Susan Kay Candiello, Esq. in her capacity as an attorney for the Plaintiff law firm, met with the Defendants to discuss estate planning for Defendants Elbert Lester, Jr. and Rosa Lester. 13. Subsequent to May 6, 1999, Attorney Candiello drafted, and shared with the Defendants, an estate planning proposal and fee contract for the Defendants. 3 -..~~, I", 14. Subsequent to May 6, 1999 various family developments and break downs occurred leading to strained relationships among some of the Defendants. 15. As a result of these changed circumstances, the fee contract was never signed by the Defendants. 16. At or before this time, Defendants were aware of the fees charged by Plaintiff through viewing the proposed fee contract and through various discussions with Attorney Candiello. 17. On or about May 26, 1999, Defendant Elbert Lester, Jr. was sent a billing statement for the period ending May 15, 1999, for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as "Exhibit A". 18. On or about May 24, 1999, Defendant Elbert Lester, Jr. executed a Living will prepared by the Plaintiff. 19. On or about June 30, 1999, Defendant Elbert Lester, Jr. was sent a billing statement for the period ending June 15, 1999, for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as "Exhibit A". 20. On or about July 13, 1999, Defendant Elbert Lester, Jr. executed a Durable Power of Attorney in favor of Defendants Robert E. Lester and Shannon Lester, jointly. 21. On or about July 13, 1999, Defendant Elbert Lester, Jr. executed a Notice of Revocation of Attorney-in-Fact Representation revoking the Power of Attorney he had previously granted to Defendant Rosemarie Jacoby. 22. On or about July 22, 1999, Plaintiff filed, and caused to be recorded, Defendant Elbert Lester, Jr. 's Durable Power of Attorney and Notice of Revocation of Attorney- in-Fact Representation in both Dauphin and Lebanon Counties. 23. On or about August 23, 1999, Plaintiff mailed the Defendant, Elbert Lester, Jr., a billing statement for 4 - :':~_m..J"",,",,,.~ the period ending August 15, 1999, for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as "Exhibit A". 24. On or about August 23, 1999, Plaintiff drafted a Family Agreement for the Defendants. 25. Subsequent to August 23, 1999, Plaintiff made several revisions of the Family Agreement in order to try to resolve the tensions and animosities among the various Defendants. 26. On or about September 22, 1999, Plaintiff mailed the Defendant, Elbert Lester, Jr., a billing statement for the period ending September 15, 1999, for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as "Exhibit A". 27. Subsequent to September of 1999, Plaintiff, continued to meet with the Defendants and perform various functions at the request of the Defendants, including, but not limited to, telephone calls, letters, and drafting visitation agreements. 28. On or about October 25, 1999, Defendant Rosa Lester executed, through a separate attorney, a Revocation of General Power of Attorney revoking the Power of Attorney she had previously granted to Defendants Rosemarie Jacoby and Robert E. Lester. 29. Plaintiff believes, and therefore avers, that on or about October 25, 1999, Defendant Rosa Lester executed a Power of Attorney solely in favor of Defendant Rosemarie Jacoby. 30. Plaintiff mailed monthly billing statements to, Defendant, Elbert Lester, Jr., on or about November 5, 1999, November 22, 1999, February 16, 2000, March 31, 2000, April 30, 2000, and May 23, 2000 for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as "Exhibit A". 31. To date, Plaintiff's bill totals Four Thousand Nine Hundred Twenty-seven and 50/100 ($4,927.50) Dollars. 5 ~ 32. To date, Defendants have paid nothing to the Plaintiff for the services rendered and expenses incurred by Plaintiff. WHEREFORE, Plaintiff demands judgment in the amount of Four Thousaud Nine Hundred Twenty-seven and 50/100 ($4,927.50) Dollars, together with interest and all the fees and costs of this action. COUNT II QUANTUM MERUIT 33. Paragraphs 1 through 32 are hereby incorporated by reference as though more completely set forth herein. 34. Various services have been performed by Plaintiff for the benefit of Defendants, including, but not limited to, meeting with Defendants, travel to Defendants' homes, telephone calls, letters, drafting and execution of various estate planning documents, faxes, e-mails, aud inter-office conferences. 35. Plaintiff consistently and periodically sent Defendants detailed and itemized billing statements outlining the various services performed by Plaintiff and the charges thereof. 36. When Plaintiff first began representing Defendants Elbert Lester, Jr. and Rosa Lester in their estate planning needs, Defendants Rosemarie Jacoby and Robert E. Lester were jointly serving as Attorneys-in-Fact for both Elbert Lester, Jr. and Rosa Lester. 37. In their capacities as Attorneys-in-Fact, Defendants Rosemarie Jacoby and Robert E. Lester controlled all of the finances for their parents, Defendants Elbert Lester, Jr. and Rosa Lester. 38. Plaintiff believes, and therefore avers, that Defendants Rosemarie Jacoby and Robert E. Lester, in their capacities as attorneys-in-fact for Defendants Elbert Lester, Jr. and Rosa Lester, transferred all marital property and assets along with all of Defendant Elbert Lester, Jr.'s individual property and assets into the sole name of Rosa Lester. 6 ,. ^ - 39. On or about July 13, 1999, Defendant Elbert Lester, Jr. revoked the power of attorney he had granted in Defendant Rosemarie Jacoby. 40. On or about July 13, 1999, Defendant Elbert Lester, Jr. executed a Durable Power of Attorney naming Defendants Robert E. Lester and Shannon Lester as his joint attorneys-in-fact. 41. Plaintiff charged a reasonable fee for the services performed. 42. Defendants have not paid for any of the services performed by Plaintiff. 43. Defendants have been unjustly enriched and will continue to be unjustly enriched by reaping the benefits of Plaintiff's services without paying for those services. WHEREFORE, Plaintiff demands judgment in the amount of Four Thousand Nine Hundred Twenty-seven and 50/100 ($4,927.50) Dollars, together with interest and all the fees and costs of this action. GATES BY: LOWE Supr 1013 Lemo (717 DATED: ~6w~ It ,2000 7 ", "'.' L",;:;.".: V E R I FIe A T ION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subj ect to the penalties of 18 Pa. c. S .A. !il 4904 relating to unsworn falsification to authorities. GATES & ASSOCIATES, P.C. Dated: qA\ /tm I ( BY: 8 . c l.1.J~.'f") CERTIFICATE OF SERVICE I, Lowell R. Gates, Esquire, of the law firm of Gates & Associates, P.C., hereby certify that I served a true and correct copy of the foregoing Complaint by Certified United States mail, to the following Defendant: Rosemarie Jacoby 221 Valley Road P.O. Box 617 Mt. Gretna, PA 17064 BY: L GATES & R. GA ES, Esquire Court I.D. #46779 mma Road e, PA 17043 731-9600 DATED: ~\", U ,2000 9 '"IoI'-~~' '" ,--~,- <. ~ '~~r\IilW!_ GATES & ASSOCIATES, P.C. 1013 Mumma Road Suite #100 LGmCz~~, PA 17a43~1~la (717) 731-9600 COpy S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate planning statement Date May 26, 1999 period Ending May 15, '1999 Reference NO. 10433 Professional Fees 04/27/99 SKC Telephone call to gather information and arrange meeting. 0.20 @ 125/hr 25.00 04/29/99 SKC Meeting with new elder law client. 3.60 @ 125/hr 450.00 05/06/99 SKC Meeting with family to discuss estate planning. 3.00 @ 125/hr 375.00 subtotal professional fees: 850.00 Disbursements 04/29/99 CD Mileage - travel to and from client's home. 05/06/99 CD Mileage - travel to and from Harrisburg. 24.00 7.56 30.00 9.45 subtotal disbursements: 17.01 ------------ Total current billing: 867.01 Previous balance: 0.00 0.00 ~I~' ."~~ ~'~.LWOiI;lL ~ ~,J_~..,.. Page 2 GATES & ASSOCIATES, P.C. --.-- -.--,. -~.,.-- Lester, Elbert Jr. Estate Planning ------------ Total now due: 867,01 .' ------------ ------------ Current over 30 over 60 over 90 ---------- ---------- ---------- ---------- 867.01 0.00 0.00 0.00 PAYMENT DUE UPON RECEIPT OF STATEMENT 'AII overdue accounts will be assessed finance charges of 1 1/2% per month. FOR YOUR CONVENIENCE WE NOW ACCEPT VISA & MASTERCARD FOR PAYMENT. If paying by credit card, please fill out enclosed form and mail. \00"""-'- ~ . ~~ ~" - -,-, ~" GATES & ASSOCIATES, P.C. 1013 Mumma Road suite #100 ~emoy!!~, PA 17Q4:3-1218 {717} 731-9600 5 TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate planning . . statement Date June 30, 1999 Period Ending June 15, 1999 Reference No. 10623 ~ -' " ,('r "t;V "J~<I · Professional Fees 05/17/99 SKC Telephone 2.20 @ 125/hr 275.00 conference with grand-daughter regarding recent family developments. Drafting estate planning proposal. 05/18/99 CAR Reviewed estate 0.40 @ 125/hr 50.00 planning proposal and made notes. 05/18/99 SKC Telephone call to 0.60 @ 125/hr 75.00 client's daughter-in-law. Discussion with CAR regarding estate planning. 05/19/99 SKC Telephone 0.20 @ 125/hr 25.00 conference with daughter-in-law regarding family's assets and the source of these assets. OS/24/99 SKC Drafted Living 1.80 @ 125/hr 225.00 will. completed estate planning proposal. Meeting at client's home to sign Living will. - Lester, Elbert Jr. Estate Planning ~" GATES & ASSOCIATES, P.C. 06/02/99 SKC Telephone conference with daughtQr-in-law to discuss family reactions to our proposal. Discussed client's options to daughter's refusal of care. 0.40 @ 125/hr subtotal professional fees: Disbursements OS/27/99 CD OS/27/99 CD Postage. Postage. 1.00 1. 00 subtotal disbursements: Total current billing: OS/26/99 No. 10433 prior payments/credits ( 867.01 0.00) previous balance: Total now due: 50.00 700.00 0.99 0.55 1.54 867.01 867.01 " ~' > ~1lIIilIiIIIiii. ~ ,~. Page 2 ------------ 701. 54 867.01 ------------ 1,568.55 ------------ ------------ Current Over 30 Over 60 Over 90 701.54 867.01 0.00 0.00 """,-- ~." . ~' - ~~ .1. ., GATES & ASSOCIATES, P.C. Page 3 Lester, Elbert Jr. Estate Planning PAYMENT DUE UPON RECEIPT OF STATEMENT All overdue accounts wil~.be assessed finance charges of 1 1/2% per month. FOR YOUR CONVENIENCE WE NOW ACCEPT VISA & MASTERCARD FOR PAYMENT. If paying by credit card, please fill out enclosed form and mail. ,~-- -... liIilIIIi,~~"-",J -"'" GATES << ASSOCIATES, P.C. 1013 Mumma Road suite il00 Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate planning .' statement Date AUgust 23, 1999 Period Ending AUgust 15, 1999 Reference No. 10947 .,..... ......... - '\\, '~ . , ~ \;.. ~""""'.a" i Professional Fees 07/13/99 SKC Drafted Durable 3.00 @ 125/hr 375.00 Power of Attorney and Revocation. Travel to client's home to review and sign documents. 07/14/99 SKC Telephone 0.40 @ 125/hr 50.00 conference with client's son regarding proceeding. 07/15/99 SKC Telephone call to 0.20 @ 125/hr 25.00 granddaughter regarding status at home. 07/27/99 SKC Letter to 0.60 @ 125/hr 75.00 daughter regarding change in Durable Power of Attorney. 08/09/99 SKC Telephone 0.40 @ 125/hr 50.00 conference with client's grand-daughter regarding situation. Letter to client. 08/10/99 SKC Telephone call to 0.40 @ 125/hr 50.00 Sherry Eyer. Telephone call to client. Lester, Elbert Jr. Estate planning .. " GATES << ASSOCIATES, P.C. 08/11/99 SKC Telephone call to daughter-in-law. 0.20 @ 125/hr 25.00 . 08/12/99 SKC Telephone conference with daughter regarding client's agreement to meet. Telephone call to granddaughter to discuss and confirm meeting. 0.40 @ 125/hr subtotal professional fees: Disbursements 07/13/99 CD 07/16/99 CD 07/19/99 CD 07/20/99 CD 07/20/99 CD 07/21/99 CD 07/21/99 CD 08/10/99 CD 08/12/99 CD 08/15/99 SKC Mileage - travel to and from client's home. Long distance charges. Long distance charges. Recording fees - Lebanon Co. Recorder Deeds. Recording fees - Dauphin Co. Recorder of Deeds. Postage. postage. Long distance charges. Long distance charges. Finance Charge. subtotal disbursements: Total current billing: OS/26/99 No. 10433 Prior payments/credits 06/30/99 No. 10623 Prior payments/credits ( ( Previous balance: 50.00 ------------ 700.00 27.00 8.51 1. 00 0.13 2.00 0.26 1.00 36.00 1.00 39.00 2.00 1.54 2.00 0.66 3.00 0.39 3.00 0.39 1. 00 23.53 ------------ 110.41 867.01 0.00) 701.54 0.00) 867.01 701. 54 1,568.55 - ~~- page 2 810.41 1,568.55 -, ~. ~ 1IlIliii"~'- - - -,. ~, GATES << ASSOCIATES, P.C. Page 3 iester, Elbert Jr. Estate Planning ------------ Total now due: 2,378.,96 ------------ ------------ current over 30 Over 60 over 90 ---------- ---------- ---------- ---------- 810.41 0.00 701.54 867.01 PAYMENT DUE UPON RECEIPT OF STATEMENT All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA << MASTERCARD. If paying by credit card, please fill out enclosed form and mail. ~,s" . ~~ " ~~ ~ '....... '~ , ~,,,. GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #100 Lemoyne, PA 17043-1218 (717) 731-9600 Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 S TAT E MEN T Estate Planning ~tatement Date September 22, 1999 Period Boding september 15, 1999 Reference No. 11196 C -- -'11.." ,. "'" " ',,' ~ ',' i ~f Y , ""~ III YOUR ACCOUNT IS PAST DUE..PLEASE REMIT YOUR PAYMENT IMMEDIATELY professional Fees 08/16/99 SKC Telephone 0.60 @ 125/hr 75.00 conference with Shannon regarding Sunday visit with client's wife and daughter. Telepone call to Sherry Eyler. 08/17/99 SKC Telephone 0.40 @ 125/hr 50.00 conference with Lynne Nessel at Hershey psych. Department regarding sunday visits of client's wife. 08/18/99 SKC Received aDd 0.20 @ 125/hr 25.00 reviewed fax from daughter-in-law. Telephone call to daughter-in-law regarding meeting. 08/19/99 SKC Meeting with 4.00 @ 125/hr 500.00 Elbert Lester and family regarding care and finances. 08/23/99 SKC Telephone call to 1.00 @ 125/hr 125.00 ~- " .- .,' ~"oll4>d GATES << ASSOCIATES, P.C. page 2 CD Long distance charges. CD, Mileage - travel to and from Lester home for family meeting. SKC Finance charge. tester, Elbert Jr. Estate planning grand-daughter regarding meeting and propos.ed agreement. Telephone conference with grand-daUlJhter regarding meeting. Telephone call to daughter-in-law regarding same. 08/23/99 SKC Drafted family agreement letter to shannon. Letter to client. Letter to Rosemarie and Tom. 08/27/99 SKC Telephone call with daughter-in-law regarding family problems. 08/30/99 SKC Family meeting regarding Agreement. 08/31/99 SKC Revised l!'amily Agreement. E-mailed Agreement to Robert Lester. copy to slbert Lester and Rosemarie Jacoby. subtotal professional fees: Disbursements 08/16/99 08/19/99 09/15/99 2.60 @ 125/hr 325.00 0.40 @ 125/hr 50.00 2.20 @ 125/hr 275.00 1.40 @ 125/hr 175.00 ------------ 1,600.00 3.00 28.00 0.39 8.82 1. 00 23.53 ,~~'~~~ lIIG_==-<~~-- - . .inIIiI"'. "~.~ GATES << ASSOCIATES, P.C. Page 3 Lester, Elbert Jr. Estate Planning ------------ Subtotal disbursements: 32.74 ------------ Total current billing: 1,632.74 .05/26/99 No. 10433 Prior payments/credits 06/30/99 No. 10623 Prior payments/credits 08/23/99 No. 10947 Prior payments/credits 867.01 ( 0.00) 967.01 701. 54 ( 0.00) 701.54 810.41 ( 0.00) 810.41 Previous balance: 2,379.96 ------------ 2,378.96 Total now due: 4,011. 70 ------------ ------------ Current Over 30 Over 60 Over 90 ---------- ---------- ---------- ---------- 1632.74 810.41 0.00 1569.55 PAYMENT DUE UPON RECEIPT OF STATEMENT All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA << MASTERCARD. If paying by credit card, please fill out enclosed form and mail. ~"""~.,_ k> ." -._. Illlllil ~~ ~-=~,- ~ ~I"" . GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #luO Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning Statement Date November 5, 1999 Period Ending october 29, 1999 Reference No. 11454 .f""'. ,~~'. l!""~ ., -, 1- '~ ,; V ~~J " PAYMENT DUE UPON RECEIPT OF STATEMENT Professional Fees 10/07/99 SKC Telephone call to Atty. Smith regarding letter stating they are representing Rose Lester. Telephone conference with son, Robert Lester, regarding status of finances. 0.40 @ 125/hr 50.00 subtotal professional fees: 50.00 Disbursements 10/15/99 SKC Finance Charge. 1.00 35.33 subtotal disbursements: 35.33 ------------ Total current billing: 85.33 OS/26/99 NO. 10433 867.01 prior payments/credits ( 0.00) 867.01 06/30/99 NO. 10623 701. 54 prior payments/credits ( 0.00) 701.54 08/23/99 NO. 10947 810.41 -' ~- ~~~ - .- ~- ~"~ '"'" GATES << ASSOCIATES, P.C. Page 2 Lester, Elbert Jr. Estate Planning 09/22/99 Prior payments/credits No. 11196 Prior payme?ts/credits previous balance: ( ( 0.00) 1,632.74 0.00) 810.41 1,632.74 ------------ 4,011. 70 4,011. 70 Total now due: 4,097.03 ------------ ------------ current over 30 Over 60 Over 90 ---------- ---------- ---------- ---------- 85.33 1632.74 810.41 1568.55 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA <<MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. r"' ~~ ~~._..,.,..... GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #iOO Lemoyne, PA 17043-1218 (717) 731-9600 S TAT B MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning statement Date November 22, 1999 period Ending November 15, 1999 Reference NO. 11671 ".~ ......... "'...... ,"",,'\I!' '! -f '.';7\/ 'Io".? "" AI j PAYMENT DUE UPON RECEIPT OF STATEMENT professional Fees YOUR ACCOUNT IS PAST DUE..PLEASE REMIT YOUR PAYMENT IMMEDIATELY 10/26/99 SKC Telephone conference with Atty. Joanne christine regarding representation of Rose Lester. Telephone conference with Robert Lester regarding Rose's request for visitation. 0.40 @ 125/hr 10/26/99 SKC Telepho~e conference with Ona Lester regarding shannon's back injury - "pinched sciatic nerve". Questions regarding shannon's continuing to care for Elbert. 0.40 @ 12S/hr 11/01/99 SKC Telephone conference with granddaughter regarding visits 0.60 @ 125/hr 50.00 50.00 75.00 - " ~ ~ ~. GATES & ASSOCIATES, P.C. Lester, Elbert Jr. Estate Planning Disbursements 10/26/99 11/15/99 and paying bills. Telephone call to Atty. Christ1ne regarding visitation. subtotal professional fees: CD Long distance charges. SKC Finance charge. subtotal disbursements: Total current billing: OS/26/99 No. 10433 prior payments/credits 06/30/99 No. 10623 Prior payments/credits 08/23/99 No. 10947 prior payments/credits 09/22/99 No. 11196 Prior payments/credits 11/05/99 No. 11454 Prior payments/credits Previous balance: Total now due: ------------ 13.00 1.00 ( ( ( ( ( 867.01 0.00) 701. 54 0.00) 810.41 0.00) 1,632.74 0.00) 85.33 0.00) 175.00 1. 69 59.47 61.16 867.01 701. 54 810.41 1,632.74 85.33 4,097.03 ., Page 2 ------------ 236.16 4,097.03 ------------ 4,333.19 ============ ~_"",,,",I""""'" ~.. ~L.;~ ~ -, . GATES <<ASSOCIATES, P.C. page 3 ~ester, Elbert Jr. Estate Planning Current over 30 over 60 Over 90 ---------- ---------- ---------- ---------- 321.49 0.00 1632.74 237~.96 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE. NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA <<MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. .-AA1<o-~ ~,,- "" ' 10 ~ ~ --~.... I .'\ . GATES << ASSOCIATES, P. C. 1013 Mumma Road suite #100 Lemoyne, PA 17043-1218 (717) 731-9600 Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 STATEMENT Estate planning statement Date February 16, 2000 Period BOding February 15, 2000 Reference No. 11915 .~,.,,-........ !&'~.; ~-Y ,"",' ~ " '. PAYMENT DUE UPON RECEIPT OF STATEMENT YOUR ACCOUNT IS PAST DUE..PLEASE REMIT YOUR PAYMENT IMMEDIATELY Professional Fees 10/28/99 SKC Telephone conference with client regarding agreement for visitation. 0.20 @ 125/hr 25.00 subtotal professional fees: 25.00 Disbursements 02/15/00 SKC Finance Charge. 1.00 62.87 subtotal disbursements: 62.87 Total current billing: 87.87 OS/26/99 No. 10433 867.01 Prior payments/credits ( 0.00) 867.01 06/30/99 No. 10623 701.54 Prior payments/credits ( 0.00) 701.54 08/23/99 No. 10947 810.41 prior payments/credits ( 0.00) 810.41 09/22/99 No. 11196 1,632.74 Prior payments/credits ( 0.00) 1,632.74 11/05/99 No. 11454 85.33 ~'" -- -'.' ~ ""-<:-, GATES << ASSOCIATES, P.C. Page 2 Lester, Elbert Jr. Estate Planning Prior payments/credits 11/22/99 No. 11671 Prior paym~nts/credits Previous balance: ( ( 0.00) 236.16 0.00) 85.33 236.16 ------------ 4,333.19 ------------ 4,333.19 Total now due: 4,421.06 ------------ ------------ current over 30 Over 60 Over 90 ---------- ---------- ---------- ---------- 87.87 0.00 0.00 4333.19 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA <<MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. .-" ~ ~=O'~ ~"'_""'_"".. - ,~~...~ . ~ --.. ""' ~ I GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #iuu Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T "~'-, .- '- P""". ~ Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning .....' ......". ~ Ii Statement Date March 31, 2000 period Ending March 15, 2000 Reference No. 12667 PAYMENT DUE UPON RECEIPT OF STATEMENT professional Fees 02/23/00 LRG Telephone 1.00 @ 155/hr 155.00 conference with Robert Lester regarding parent's estate planning and problems with the sister. 03/03/00 LRG Reviewed file. 0.30 @ N/C 0.00 prepared memo to SKC. 03/13/00 MEH Inter-office 0.20 @ N/C 0.00 conference with SKC. subtotal professional fees: 155.00 Disbursements 03/15/00 SKC Finance Charge. 1.00 62.87 subtotal disbursements: 62.87 ------------ Total current billing: 217.87 OS/26/99 NO. 10433 867.01 ...... - ~~...~, , '" '~~'. ~ ~ ~~""~~ ~-, .- GATES << ASSOCIATES, P.C. Page 2 Lester, Elbert Jr. Estate planning 06/30/99 08/23/99 09/22/99 11/05/99 ,11/22/99 02/16/00 prior payments/credits NO. 10623 prior payments/credits NO. 10947 prior payments/credits NO. 11196 prior payments/credits NO. 11454 prior payments/credits NO. 11671 Prior payments/credits No. 11915 prior payments/credits Previous balance: Total now due: ( 0.00) 867.01 701. 54 ( 0.00) 701. 54 810.41 ( 0.00) 810.41 1,632.74 ( 0.00) 1,632.74 85.33 ( 0.00) 85.33 236.16 ( 0.00) 236.16 87.87 ( 0.00) 87.87 ------------ 4,421.06 ------------ 4,421.06 4,638.93 ------------ ------------ current Over 30 Over 60 Over 90 ---------- ---------- ---------- ---------- 217.87 87.87 0.00 4333.19 All overdue accounts will be assessed finance charges of 1 1/2% per ,month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA <<MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. ~_I ~"..' ~~- - - -, ~...~ ,~I$' GATES << ASSOCIATES, P.C. 1013 Mumma Road Suita #100 Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning Statement Date April 30, 2000 Period Ending April 30, 2000 Reference NO. 12956 CO,~",f Ii" i PAYMENT DUE UPON RECEIPT OF STATEMENT professional Fees 04/06/00 MEH Reviewed file. Inter-office conference with LLG and TLS. Memo to LRG. Inter-office conference with LRG. 0.80 @ 150/hr 120.00 subtotal professional fees: 120.00 Total current billing: 120.00 OS/26/99 No. 10433 867.01 prior payments/credits ( 0.00) 867.01 06/30/99 NO. 10623 701. 54 prior payments/credits ( 0.00) 701. 54 08/23/99 No. 10947 810.41 prior payments/credits ( 0.00) 810.41 09/22/99 No. 11196 1,632.74 prior payments/credits ( 0.00) 1,632.74 11/05/99 NO. 11454 85.33 prior payments/credits ( 0.00) 85.33 11/22/99 NO. 11671 236.16 prior payments/credits ( 0.00) 236.16 02/16/00 NO. 11915 87.87 prior payments/credits ( 0.00) 87.87 03/31/00 NO. 12667 217.87 prior payments/credits ( 0.00) 217.87 ",,"""'-~l'" ~-"~",,,,~~ " ~ ~" . . ..~......~ """'- """'S, GATES & ASSOCIATES, P.C. Page 2 pester, Elbert Jr. Estate Planning ------------ Previous balance: 4,638.93 ------------ 4,63&.93 Total now due: 4,758.93 ------------ ------------ Current Over 30 over 60 Over 90 ---------- ---------- ---------- ---------- 120.00 217.87 87.87 4333.19 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA <<MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. ,~'" \I ~ ~ - ~~ ~, , ""'~1Ir~' ~_~ ,. n,,- GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #iUu Lemoyne, PA 17043-1218 (717) 731-9600 STATEMENT Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning CO~Y' '. ,'~." Statement Date May 23, 2000 Period Ending May 15, 2000 Reference No. 13189 PAYMENT DUE UPON RECEIPT OF STATEMENT Disbursements 05/09/00 CO Court costs - DJ filing fees. 05/15/00 SKC Finance Charge. 1.00103.00 1.00 65.57 subtotal disbursements: 168.57 Total current billing: 168.57 OS/26/99 No. 10433 867.01 prior payments/credits ( 0.00) 867.01 06/30/99 No. 10623 701. 54 prior payments/credits ( 0.00) 701. 54 08/23/99 NO. 10947 810.41 prior payments/credits ( 0.00) 810.41 09/22/99 NO. 11196 1,632.74 prior payments/credits ( 0.00) 1,632.74 11/05/99 NO. 11454 85.33 prior payments/credits ( 0.00) 85.33 11/22/99 NO. 11671 236.16 prior payments/credits ( 0.00) 236.16 02/16/00 NO. 11915 87.87 prior payments/credits ( 0.00) 87.87 03/31/00 NO. 12667 217.87 prior payments/credits ( 0.00) 217.87 04/30/00 NO. 12956 120.00 prior payments/credits ( 0.00) 120.00 ------------ previous balance: 4,758.93 ------------ 4,758.93 "'''''_ ~__"'oi.l -~ ~ . ~-'- ......- Page 2 GATES << ASSOCIATES, P.C. ~ester, Elbert Jr. Estate Planning ------------ Total now due: 4,927 ~,50 ------------ ------------ Current Over 30 Over 60 Over 90 ---------- ---------- ---------- ---------- 288.57 217.87 0.00 4421.06 ~ll overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA & MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. ~- ,. ,~- . )-, , " Stanley A, Smith, Esquire Attorney LD. No, 33782 Joanne Book Christine, Esquire Attorney LD, No, 82028 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17l 08-11 46 (717) 233-5731 Attorneys for Rosa Lester and Rosemarie Jacoby, as Rosa Lester's Attorney-in-Fact GATES & ASSOCIATES, P.C., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, and ROSEMARIE JACOBY, ROBERT E. LESTER, as their Attorneys-in-Fact Defendants : NO. 00-5798 To: Gates & Associates, P.C., c/o Lowell R. Gates, Esquire You are hereby notified to file a written reponse to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. RHOADS & SINON LLP Date: September&2t,2000 BY~~~ Stanley A. Smith Joanne Book Christine One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact 359196.1 ~ ~ , , ", Stanley A, Smith, Esquire Attorney LD, No, 33782 Joanne Book Christine, Esquire Attorney LD, No, 82028 RHOADS & SINON LLP One South Market Square, 12th Floor P,O, Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Rosa Lester and Rosemarie Jacoby, as Rosa Lester's Attorney-in-Fact GATES & ASSOCIATES, P,C, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v, ELBERT LESTER, JR and ROSA LESTER, Husband and Wife, and ROSEMARIE JACOBY, ROBERT E, LESTER, as their Attorneys-in-Fact : NO, 00-5798 Defendants ANSWER AND NEW MATTER OF ROSA LESTER AND ROSEMARIE JACOBY, AS ROSA LESTER'S ATTORNEY-IN-FACT. TO COMPLAINT AND NOW, come Defendants Rosa Lester and Rosemarie Jacoby, as Rosa Lester's Attorney-in-Fact, by and through their attorneys, Rhoads & Sinon, LLP, and file the within Answer and New Matter to Complaint, as follows: ANSWER I, Admitted, 2, Admitted in part and denied in part It is admitted that Elbert Lester, k is an adult individual. It is denied that he resides at 6270 Huntingdon, Harrisburg, Dauphin County, Pennsylvania l71l L 359196.1 ,., . , I - -,,^- ,I ~,; 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Shannon Lester is an adult individual, the daughter of Robert E. Lester, and the granddaughter of Elbert Lester, Jr. and Rosa Lester. It is denied that she resides at 6270 Huntingdon, Harrisburg, Dauphin County, Pennsylvania 17111. By way of further answer, the foregoing address is her last known address, COUNT I: BREACH OF IMPLIED CONTRACT 7. Admitted in part and denied in part. It is admitted that on October 1, 1998, Elbert Lester, Jr, executed a General Power of Attorney that appointed Rosemarie Jacoby and Robert Lester, jointly and severally, as his attorneys-in-fact. By way of further answer, it is not known when Elbert Lester, Jr. revoked the Power of Attorney dated October 1, 1998. Rosemarie Jacoby was notified by letter dated July 28, 1999 from Plaintiff that Elbert Lester, Jr. had executed a new Power of Attorney and revoked the Power of Attorney naming Rosemarie Jacoby as his attorney-in-fact. 8. Admitted. 9. Denied. By way of further answer, the assets that are currently held in Rosa Lester's sole name have been held in her sole name for over ten years. At no time did Rosemarie Jacoby, acting as attorney-in-fact for either of her parents, transfer any assets from the .2- ~- . ~- '.' J., ['., " joint name of Rosa Lester and Elbert Lester, Jr. into Rosa Lester's sole name. It is believed and therefore averred that at no time did Robert Lester transferred any such assets from the joint name of Rosa Lester and Elbert Lester, Jr. into Rosa Lester's sole name. 10. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 10. By way of further answer, neither Rosa Lester nor Rosemarie Jacoby ever contacted Plaintiff regarding estate planning services for themselves or Elbert Lester, Jr. II. Denied, Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph II. 12. Denied. It is specifically denied that Rosa Lester and Rosemarie Jacoby met with Susan Kay Candiello on May 6, 1999. By way of further answer, Rosa Lester has never met with Susan Kay Candiello regarding any matter. It is not known whether Susan Kay Candiello met with Elbert Lester, Jr., Robert E. Lester and/or Shannon Lester, on May 6, 1999. 13, Denied in part and admitted in part. It is specifically denied that Rosa Lester received an estate planning proposal and fees contract from Susan Kay Candiello, It is admitted that Rosemarie Jacoby received a copy of an estate planning proposal and fee contract that described services that Susan Kay Candiello had performed for Elbert Lester, Jr. It is not known whether Elbert Lester, Jr" Robert E, Lester and/or Shannon Lester received the proposal and contract. By way of further answer, neither Rosa Lester nor Rosemarie Jacoby, either individually or as her parents' attorney-in-fact, ever authorized Susan Kay Candiello to proceed under the proposal or contract. Neither Rosa Lester nor Rosemarie Jacoby, either individually or - 3 - " ~ ~ . ~ " as her parents' attorney-in-fact, ever signed, authorized or approved the proposed fee contract. Neither the proposal nor the contract included any services that were to the benefit of or at the request of Rosa Lester or Rosemarie Jacoby, as her parents' attorney-in-fact. 14, Denied, By way of further answer, the strained relationship among the Defendants existed prior to May 6,1999, 15. Denied. By way of further answer, Rosa Lester and Rosemarie Jacoby, as her parents' attorney.in-fact, did not sign the fee contract because they never requested or authorized Susan Kay Candiello's services. It is not known why Elbert Lester, JI. and the other Defendants never signed the contract. 16. Denied in part and admitted in part. It is specifically admitted that Rosemarie Jacoby viewed the proposed fee contract. The remainder of the allegations in Paragraph 16 are denied. By way of further answer, Rosa Lester was never aware of the fees charged by Plaintiff, never viewed the proposed fee contract, and never discussed the proposed fee contract with Susan Kay Candiello. Rosemarie Jacoby viewed the proposed fee contract but never discussed it with Susan Kay Candiello and never authorized or approved the proposed fee contract as her parents' attorney-in-fact. It is not known whether Elbert Lester, Jr., Robert E. Lester, and/or Shannon Lester viewed the contract or discussed it with Susan Kay Candiello. 17. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 17. -4- . - ,~", -' - -" '" ,-'.-/, - ';0;"-1 18, Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 18. 19. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 19. 20. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 20. 21. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 21, By way of further answer, Rosemarie Jacoby was notified by letter dated July 28, 1999 from Plaintiff that Elbert Lester, Jr. had executed a new Power of Attorney and revoked the Power of Attorney naming Rosemarie Jacoby as his attorney-in-fact. 22, Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 22. 23, Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 23. 24. Denied. By way of further answer, neither Rosa Lester nor Rosemarie Jacoby, as her parents' attorney-in-fact, ever asked or authorized Plaintiff to draft a Family Agreement or any other document. It is not known whether Elbert Lester, Jr., Robert Lester and/or Shannon Lester asked or authorized Plaintiff to draft a Family Agreement. - 5 - _.""~ , " ,.,,~ - - I -' '~rl '.' 25. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 25. By way of further answer, see response to Paragraph 24. 26. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 26. 27. Denied. It is specifically denied that Rosa Lester met with Plaintiff, talked to Plaintiff via the telephone, received any letters from Plaintiff, and/or requested Plaintiff to draft any documents, including the Family Agreement or any visitation agreements, By way of further answer, Rosemarie Jacoby met with Susan Kay Candiello once in August of 1999, regarding the Family Agreement that Plaintiff had drafted. This meeting occurred after Plaintiff had notified Rosemarie Jacoby that Elbert Lester, Jr. had revoked the Power of Attorney naming Rosemarie Jacoby as his attorney-in-fact. Rosemarie Jacoby's attorney was present at the meeting. At no time during the meeting did Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, authorize or approve any services that Plaintiff had performed or request any further services. Rosemarie Jacoby received several letters from Plaintiff regarding the Family Agreement but never authorized or requested the Family Agreement or any other visitation agreement. Following this meeting, Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, retained separate counsel to represent them in this matter, and advised Plaintiff through counsel that all communications from Plaintiff should be to their counsel. It is not known whether the allegations contained in Paragraph 27 are true regarding Elbert Lester, Jr., Robert E. Lester and/or Shannon Lester. 28. Admitted. -6- ~~," > . ~--, 1', .rt c .' 29. Admitted. 30. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 30. 31. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 31. 32. Denied in part and admitted in part. It is admitted that Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, have not paid Plaintiff because Plaintiff performed no services and incurred no expenses on behalf of or at the request of Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact. It is not known whether Elbert Lester, Jr., Robert Lester or Shannon Lester have paid Plaintiff. COUNT II: OUANTUM MERUIT 33, The responses as set forth in Paragraphs 1 through 32 are incorporated by reference as though fully set forth herein. 34. Denied. It is specifically denied that Plaintiff has performed services for the benefit of Rosa Lester or Rosemarie Jacoby, as Rosa Lester's attorney-in-fact. The type and extent of services, if any, that Plaintiff performed for the benefit of Elbert Lester, Jr., Robert E. Lester and Shannon Lester is not known. 35, Denied. It is specifically denied that Plaintiff sent Rosa Lester or Rosemarie Jacoby any statements outlining the services performed by Plaintiff and the charges -7- ~, -, .', Ill:'; thereof. It is not known what statements, if any, Plaintiff sent to Elbert Lester, Jr., Robert E. Lester and Shannon Lester. 36. Denied. It is specifically denied that Plaintiff represented Rosa Lester in any matter. It is not known when, if ever, Plaintiff began representing Elbert Lester, Jr. in his estate planning needs and thus it is not known whether Rosemarie Jacoby and Robert E. Lester were jointly serving as attorneys-in-fact for their parents at that time. 37. Admitted. 38. Denied. By way of further answer, the assets that are currently held in Rosa Lester's sole name have been held in her sole name for over ten years. At no time did Rosemarie Jacoby, acting as attorney-in-fact for either of her parents, transfer any assets from the joint name of Rosa Lester and Elbert Lester, Jr. into Rosa Lester's sole name. It is believed and therefore averred that at no time did Robert Lester transferred any such assets from the joint name of Rosa Lester and Elbert Lester, Jr, into Rosa Lester's sole name. 39, Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 39. By way offurther answer, Rosemarie Jacoby was notified by letter dated July 28, 1999 from Plaintiff that Elbert Lester, Jr, had executed a new Power of Attorney and revoked the Power of Attorney naming Rosemarie Jacoby as his attorney-in-fact. 40. Denied. Rosa Lester and Rosemarie Jacoby have no knowledge as to allegations contained in Paragraph 40. 41. Denied. This is a legal conclusion to which no response is required. - 8 - - 42. Denied in part and admitted in part, It is admitted that Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, have not paid Plaintiff because Plaintiff performed no services on behalf of or at the request of Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, It is not known whether Elbert Lester, Jr., Robert Lester or Shannon Lester have paid Plaintiff. 43. Denied, This is a legal conclusion to which no response is required. By way of further answer, Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney.in-fact, have received no benefit from Plaintiff, nor have they requested any services from Plaintiff. NEW MATTER 44. The responses as set forth in Paragraphs I through 44 are incorporated by reference as though fully set forth herein. 45. All assets currently held in Rosa Lester's sole name have been held in her sole name for over ten years. 46. At no time has Rosemarie Jacoby, as her parents' attorney-in-fact, transferred any assets from the joint name of Elbert and Rosa Lester to Rosa Lester's sole name. 47. It is believed and therefore averred that at no time has anyone serving as attorney-in-fact for Elbert Lester, Jr. and/or Rosa Lester transferred any assets from the joint name of Elbert and Rosa Lester to Rosa Lester's sole name. - 9 - ~ ' - >i 48. Rosa Lester, either individually or through an attorney.in-fact, never contacted Plaintiff to request legal services. 49. Rosemarie Jacoby, while serving as Elbert Lester, Jr. and/or Rosa Lester's attorney-in-fact, never contacted Plaintiff on either or both of their behalf to request legal services. 50. Rosa Lester, either individually or through an attorney-in-fact, never authorized Plaintiff to perform any legal services on her behalf or for her benefit. 51. Rosemarie Jacoby, while serving as Elbert Lester, Jr. or Rosa Lester's attorney-in-fact, never authorized Plaintiff to perform any legal services either or both of their behalf or for either or both of their benefit. 52, Rosa Lester, either individually or through an attorney-in-fact, never signed, authorized or approved any fee agreement with Plaintiff. 53. Rosemarie Jacoby, while serving as Elbert Lester, Jr. or Rosa Lester's attorney-in-fact, never signed, authorized or approved any fee agreement with Plaintiff. 54. Plaintiff never performed any legal services for the benefit of Rosa Lester or Rosemarie Jacoby, as her attorney-in-fact. 55. Rosa Lester, either individually or through an attorney-in-fact, never asked or authorized Plaintiff to draft any estate plarming documents or other agreement, including the Family Agreement drafted by Plaintiff. - 10 - . ~_-"A ~ ' -rii 56. Rosemarie Jacoby, while serving as Elbert Lester, Jr, or Rosa Lester's attorney-in-fact, never asked or authorized Plaintiff to draft any estate planning documents or other agreement, including the Family Agreement drafted by Plaintiff. 57, Rosa Lester never received or reviewed any proposed fee contract from Plaintiff. 58. Rosa Lester never met with, spoke with, or received any correspondence from any individual associated with Plaintiff, prior to the instant action. 59. Rosemarie Jacoby received and reviewed an estate planning proposal and fee contract regarding services that Plaintiff performed by Elbert Lester, Jr., but never met with or spoke with any individual associated with Plaintiff regarding the proposal or fee contract. 60. Rosemarie Jacoby met with Susan Kay Candiello once, with her own attorney present, to discuss the Family Agreement drafted by Plaintiff. 61. The Family Agreement drafted by Plaintiff was harmful and disadvantageous to Rosa Lester, because it described her as incompetent, restricted her right to visit both her home and her husband, restricted the ability of Rosemarie Jacoby to act as Rosa Lester's attorney-in-fact, and gave significant fmancial power to Shannon Lester, an individual who Rosa Lester had never appointed or desired to be appointed as her attorney-in-fact. 62. Because the services performed by Plaintiff were harmful and disadvantageous to Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, Rosa - 11 - "~ " L..;. Lester and Rosemarie Jacoby sought and retained other counsel to represent them with regard to Rosa Lester's estate planning needs and to protect her best interest. 63. The services performed and expenses incurred by Plaintiff were solely at the request of and for the benefit of Elbert Lester Jr., Robert Lester and/or Shannon Lester. 64. Plaintiff's claim for breach of implied contract against Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, fails as a matter of law because Plaintiff has not and cannot establish a contract between Plaintiff and Rosa Lester or between Plaintiff and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact. 65. Plaintiffs claim for breach of implied contract against Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, fails as a matter of law because Rosa Lester cannot be held liable for breach of a contract between Plaintiff and Elbert Lester, Jr., Robert Lester and/or Shannon Lester, when she was not a party to that contract either individually or through her attorney-in-fact. 66. Plaintiffs claim for quantum meruit against Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, fails as a matter of law because Plaintiff has not and cannot establish that any services performed by Plaintiff were requested by or authorized by Rosa Lester or Rosemarie Jacoby, as Rosa Lester's attorney~in-fact. 67. Plaintiffs claim for quantum meruit against Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, fails as a matter of law because Plaintiff has not and - 12 - 1IiiIII!eii,"' .~ - ~'" - '\1~ " cannot establish that any services performed by Plaintiff were beneficial to Rosa Lester or Rosemarie Jacoby, as Rosa Lester's attorney-in-fact. 68. Plaintiff's claims against Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, regarding attorneys' fees incurred by Elbert Lester, Jr., Robert Lester and/or Shannon Lester, fail as a matter of law because Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, cannot be held liable for attorneys' fees for services which were contracted by and/or which benefited Elbert Lester, Jr., Robert Lester and/or Shannon Lester, WHEREFORE, Defendants Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, respectfully request that this Honorable Court enter judgement against Plaintiff Gates & Associates, P.C, on New Matter and enter judgment in favor of the Defendants Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact, on all Counts contained in Plaintiffs Complaint. Respectfully Submitted, RHOADS & SINON LLP Date: September ~ , 2000 O_t,LA,J6to--DtW ~ Stanley A. Smith Joanne Book Christine One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Rosa Lester and Rosemarie Jacoby, as Rosa Lester's attorney-in-fact - 13 - . , - J ^ lU " CERTIFICATE OF SERVICE I hereby certify that on this J 8 +Iv day of September, 2000, a true and correct copy of the foregoing "Answer and New Matter of Rosa Lester and Rosemarie Jacoby, as Rosa Lester's Attorney-In-Fact, to Complaint" was served by means of United States mail, first class, postage prepaid, upon the following: Lowell R. Gates, Esquire Gates & Associates, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Elbert Lester, Jr. Dauphin Manor 1205 S. 28th Street Harrisburg, P A 17111 Robert E. Lester 6330 Somerset Street Harrisburg, PA 17111 Shannon Lester 6270 Huntingdon Street Harrisburg, P A 17111 359196.1 . ~ J,-. ~~ ",,~.- "-~ .~ VERIFICATION Rosemarie Jacoby, as Agent for Rosa Lester, deposes and says, subject to the penalties of 18 Pa. C.S. 11 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief. Date: q 161.7 /00 I I ~~~ Rosemarie Jacoby, Agent for osa Lest . ~-;; ~J" -~-'-ltimt'fi'!J~i'"'<ilIi~lIliHur .. "~.~ 1"iiiO:$!im~-P""",I,~,"8-1f,(..",,~~i'!Si1lo '~~IIiiIlI'-' -.' ~',,,,, ';'~-" "~ _ . ~e_ 'w_o' ,~. (') C """ "iJ rj":' ~~_fi ""-:: ',:~.,. U~"./ ~.--;-- r:::::el ~ ~';.(-) "~C) ::Pc'" ~ -< .. co '::-~:I I ii ~ ,I tl Ii il Ii 1 C) ;''1'1 en '"1 "'"' ~,.) \.0 ~ ~e\~) ,-;~:, .::'=) .. .A '~.<~- ~;~~ c/ ~ '-< ~-0 ::;: r;-? ,0 ~'-h.4" ~ . / SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-05798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GATES & ASSOCIATES P C VS LESTER ELBERT JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LESTER ELBERT JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 25th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of county Surcharge DEP. DAUPHIN CO 18.00 9.00 10.00 48.50 .00 85.50 09/25/2000 GATES & ASSOCIATES S~~ .~ ~~~~/ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me thi s f~ day of (]Je:&t.n . J o-tJ't,) A . D . ~ Q~~' Y/.1- prothonotdr ~~~. ~"' ~ .~. ....~~. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-05798 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND GATES & ASSOCIATES P C VS LESTER ELBERT JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LESTER ROBERT E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, pennsylvania, to serve the within COMPLAINT & NOTICE On September 25th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 09/25/2000 GATES & ASSOCIATES ~ R Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ,-tt- .j~ day of (f)~ :L<nrD q1" A.D. o null;., '1aer Prothonotar ~ J """~""",,,","..L~" . _'~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-05798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GATES & ASSOCIATES P C VS LESTER ELBERT JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LESTER ROSA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 25th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County surcharge 6.00 .00 10.00 .00 .00 16.00 09/25/2000 GATES & ASSOCIATES S~~ R. Thomas Kline Sheriff of Cumberland County sworn and subscribed to before me thi s if'!' day of (Jrli.L. , J.-trIJ7) A . D . 9 /U....- Q 'fv., ,'0. . '1' Prothonotary I A or'1 <~ ~. - - .-', SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-05798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GATES & ASSOCIATES P C VS LESTER ELBERT JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LESTER SHANNON but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 25th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 09/25/2000 GATES & ASSOCIATES S~~? R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this .5~ day of a~ 02&7m A.D. ~Da.~,~ prothonotar ~ " ..........L..J_.. ,'r;;;::; t" ot (1[umlie ~:(.\ ,~ l"r~ ",c::. 'l0 '<'''''() R, THOMAS KLINE Sheriff RONNY R, ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF PATRICIA A, SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 RE:Gates & Associates vs Elbf.rt Lester, Jr., et. al. .3 Serve: Elb.ert Lester, Jr ,Z'Rosa Les ter, .Robert E. Lester,~Shannon Lester 20-5798 Civil/Notice & Complaint Enclosed please frod Not ice & Complain t l . ________ z. .. .'-'--- to be served upon Elbert~, Jr. and Shann~ter, both at: 6270 -- <" 3. Huntingdon, Hbg, PA 17111 also, Robert 6330 Somerset St, Hbg,PA 17111 andfinally,1~osa Lester, Grayson View TO: Hon, J.R. Lotwick Sheriff of Dauphin Co Dear Sir: 150 Kempton Ave, Hbg, PA 17111 in your County. , Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. ;ry~~ ~~ R. Thomas Kline, s~ Cumberland County, Pennsylvania Enclosures: ~. ~" ,~" , '".,~, Serve: In The Court of Common Pleas of Cumberland County, Pennsylvania Gates & Associates VS. Elbert Lester, Jr., et. al. Shannon Lester No. 20-5798 Civil Now, 9/13/00 ,20 QC, I, SHERIFF OF CU1v.lBERLAND COUl.'ITY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. " r~~# Sheriff ofCurnberland County, PA Affidavit of Service Now, ,20 ,at o'clock M. served the within upon at by handing to copy of the origi..nal a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE }vlILEAGE AFFIDAVIT $ $ ~a,-jf-~~~~~S;jM~F>'""'"-'_~':'""";;J"!:-l";-_t;.>_-",,-",,-,,,,!;,bl,*"j!j.'Fl!.-'[]i@L_"......'.~"--~_ti.,.;ai~.'."""'-"';.i""_,._'-""~~"'~~ii~~\J!;~lllIlii:ir"'~'!,'ill" -;-j I ! :. , I' " hi r,J C I I ., T f ;'( IF F ) " , C" ~ i 1!1'1 1 " u , 'i :_1 " ,1::< i-,JJ C:' \'" 1"-1: ",.J !j {, Ii'J ,- ~ ~ "-~ '" J.. ~ <; In The C()urt ()f C()mmon Pleas ()f Cumberland County, Pennsylvania Serve: Gates & Associates VS. Elbert Lester, Jr., et. al. Rosa E. Lester No. 20-5798 Civil Now, 9/13/00 ,20 Of), I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the. Plaintiff. ~~ . '. ~~~if ,. -1~ Sheriff of Cumberland County, P A Affidavit 'Of Service Now , ,20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made Imown to the contents thereof So answers, Sberiff of County, PA 20 '- COSTS SERVlCE MILEAGE AFFIDA VIT $ Sworn and subscribed before me this _ day of $ ~~~!t~rg;14,~!!>1~'~~~.liiili\!lfi,"\ifl:l0'","~/"cf~;"':\;"~''''.o'_''_L'''':t"'bi",~ito5:li~\IliI;~tlic"JitiiJw.iO","~;k.,~i>.,.;.,.";;..._,~~~ti({iIr(' ~"'"''''''''''~'''~'''~ll!l,tt* \1..1;:')11;< CUUr-:T 'r' :;::;l\j.'f';j C~' FleE ~" ,-' 'j U ~I '; 'I C, U ,': t H' ' " \ ;:;,1(,;,", i: !''''J r- j"'~ l,~~ 1 t>1~ t:. fe..J r,::. ~ ,:; g: ~,I " . ~- " i I I II II I ., -~~, ~ , 1-- 1M, In The Court of Common Pleas of Cumberland County, Pennsylvania 3eJ:'ve. Gates & Associates VS. Elbert Lester, Jr., et. al. Robert E. Lester No. 20-5798 Civil Now, 9/13/00 ,20 O(J, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk oft~~ ~I! S'heriffofCumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, S'h eriff of County, PA 20 '- COSTS SERVICE IvllLEAGE AFFIDA VIT $ Sworn and subscribed before me this day of .$ ~~lJ~~~~~,$)"';';;l<~~.Th'h:lo;~",,,,.i''''tJU''~_&jf'~'''_:B!ti'i:MJ1'~....~~lIl!tj~";il;I;;l~~t!1i"~il!ilOl_i"'''~@..~i!iiIiII.IiiI'''''"'=~ .,,",", ,,, :-.j!ij' (. ,;-;';:;i:'S "i !!ilT '1;:;-," . -. (, I' - .. ~ ;.i ,..,1,'., <'1".._. 1'--/ ~-~ ~ . '...........1 !~;;fU'!:;rT~l' '- 1'1\.../: CIY);:?TH ',,". ::':", 'J o. r.~ " I u. u ',j !';.: !- ':', - :) . ~ . _.= , j,.--I;o'_ In The Court of Common Pleas of Cumberland County, Pennsylvania Gates & Associates VS. Elbert Lester, Jr., et. al. Elbert Lester, Jr. erve~ No~ 20-5798 Civil Now, 9/13/00 ,200 (), I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . //At. . . ~~~" Sheriff of Cumberland County, P A Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handiJ.1g to a copy of the original and made knovvn to the contents thereof So answers, Sheriff of County, PA 20 '- COSTS SERV1CE MILEAGE APFIDA VIT $ Sworn and subscribed before me this _ day of $ ~~H~J'''4>>j#~i'i';~'l1i~m~~0.itd1nI~~i"'7''~;:'',~$~'''tNIit(~\i~.&~ilr:ti~~iiB;l""h,;;.""~"-,~,,,,..r,,,""-,,-4',,,'i,h"ii.,"k~,._--.,,,,,,!:&;~~lY" "~~. ~~i .", J ~'"- I, [; .'. U."Hi H r>.: U:J T '( ':[i-~[Fr-'S JFi:IC[ .( C:'1.I~fl It.'~F'~~r1 U' I,;:' ,'-'. "" _, ~ .~"' ., ~,' I," _ _' . .~" ~~_M , "~ , ,_ "~ M ~ __ -~' IV '~.n Ld ""~ ,~ - ~~' - "":,: @ffitt of tlr~ ~4~:riff William T. Tully Solicitor Ralph G, McAllister Chief Deputy Michael W, Rinehart Assistant Chief Deputy Mary Jane Snyder Real Estate Deputy Dauphin ColUlty Harrisburg, Pennsylvania 17101 ph: (717) 255.2660 fax: (717) 255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania GATES & ASSOCIATES, P.C. vs County of Dauphin LESTER ELBERT JR Sheriff's Return No. 2102-T - -2000 OTHER COUNTY NO. 00-5798 AND NOW: September 18, 2000 at 2:28PM served the within COMPLAINT upon LESTER ELBERT JR by personally handing to ROBERT E. LESTER, SON 1 true attested copy (ies) of the original COMPLAINT and making known to him/her the contents thereof at 6330 SOMERSET STREET HARRISBURG, PA 17111-0000 Sworn and subscribed to So Answers, JR~ Sheriff of Dauphin County, Pa. 7)fk10. 11...._./ By "'<F~ Deputy Sheriff before me this 19TH day of SEPTEMBER, 2000 StJrku '~, ~~ PROTHONOTARY Sheriff's Costs: $105.75 PD 09/15/2000 RCPT NO 141235 NMILLER 1=';~ ~~. ~.- ~~ ~ ~, ,. @iib:e of tlrt ~4~:tiff William T, Tully Solicitor Ralph G, McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania GATES & ASSOCIATES, P.C. vs Connty of Dauphin LESTER ELBERT JR Sheriff's Return No. 2102-T - -2000 OTHER COUNTY NO. 00-5798 AND NOW: September 18, 2000 at 2:28PM served the within COMPLAINT upon LESTER ROBERT E. by personally handing to HIM 1 true attested copy (ies) of the original COMPLAINT and making known to him/her the contents thereof at 6330 SOMERSET STREET HARRISBURG, PA 17111-0000 '~C!-. , f (Jjf,(4u;) So Answers, JR~ Sheriff of Dauphin County, Pa. 1?fklO. It..._ _.1/ By ""'7'fK Sworn and subscribed to before me this 19~.H,:,Gl(>'i"of SE TEM&J;,B.<".20,Po. PROTHONOTARY Deputy Sheriff Sheriff's Costs: $105.75 PD 09/15/2000 RCPT NO 141235 NMILLER ~ . ~. I ~~- J hi @iib:~ of tqc ~4c~iff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Ralph G. McAllister Chief Deputy Michael W, Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17l OJ ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania GATES & ASSOCIATES, P.C. vs County ofDauphiu LESTER ELBERT JR Sheriff's Return No. 2102-T - -2000 OTHER COUNTY NO. 00-5798 AND NOW: September 18, 2000 at 2:14PM served the within COMPLAINT upon LESTER ROSA by personally handing to HER 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at GRAYSON VIEW 150 KEMPTON AVENUE HARRISBURG, PA 17111-0000 Sworn and subscribed to So Answers, Jf~ before me this 19TH day of SEPTEMBER, 2000 .StipJw 6-. ~~ ( PROTHONOTARY Sheriff of Dauphin County, Pa. By 7JrklO. ~ Deputy Sheriff Sheriff's Costs: $105.75 PD 09/15/2000 RCPT NO 141235 NMILLER --~~ '. ~~ ~ @ffirt of t4~ ~4~riff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Ralph G, McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17l 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania GATES & ASSOCIATES, P.C. vs County of Dauphin LESTER ELBERT JR Sheriff's Return No. 2102-T - -2000 OTHER COUNTY NO. 00-5798 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LESTER SHANNON the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, September 19, 2000 6270 HUNTINGDON STREET, HBG. IS VACANT. NEED A BETTER ADDRESS FOR DEFENDANT. o.;;:'~~ ~= , 2000 So Answers, Jf~ Sworn and subscribed to Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $105.75 PD 09/15/2000 RePT NO 141235 ~"- .~~ - ..,,~ ~.' ~ . GATES & ASSOCIATES, P.C. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, AND ROSEMARIE . JACOBY, ROBERT E.. LESTER : and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION ~@~~ NO. 00-5798 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 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 Cumberland County Courthouse, 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 ' 4th Floor M RE.COf\O lRUE. ~.:!~~~0Ul-~ ~Gar.-.~ .^~ ..... ~ l ,,,,"^,,,,-,;." ~'_o_~ '" ~ ~iJ _i,~_-:: ,; GATES & ASSOCIATES, P.C. plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLlUID COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, AND ROSEMARIE ,JACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION NO. 00-5798 COMPLAINT AND NOW comes the Plaintiff, Gates & Associates, P.C., and hereby sets for the following complaint. 1. The Plaintiff is a law firm incorporated by and operating under the laws of the Commonwealth of Pennsylvania, with its principal office at 1013 Mumma Road, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant Elbert Lester, Jr. is an adult individual residing at 6270 Huntingdon, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Defendant Rosa Lester is an adult individual residing at the Grayson View assisted living residence, 150 Kempton Avenue, Harrisburg, Dauphin County, Pennsylvania 17111. 4. Defendant Rosemarie Jacoby is an adult individual residing at 221 Valley Road, P.O. Box 617, Mt. Gretna, Lebanon County, Pennsylvania 17064. She is the daughter of Elbert Lester,' Jr. and Rosa Lester. 5. Defendant Robert E. Lester is an adult individual residing at 6330 Somerset Street, Harrisburg, Dauphin 2 . -~~~~,-~ ~~: County, Pennsylvania 17111. Lester, Jr. and Rosa Lester. He is the son of Elbert 6. Defendant Shannon Lester is an adult individual residing at 6270 Huntingdon, Harrisburg, Dauphin County, Pennsylvania 17111. She is the daughter of Robert E. Lester, and the granddaughter of Elbert Lester, Jr. and Rosa Lester. COUNT I BREACH OF IMPLIED CONTRACT 7. From October 1, 1998 until July 13, 1999, Defendants Robert E. Lester and Rosemarie Jacoby served jointly as Attorneys-in-fact for Defendant Elbert Lester, Jr., pursuant to a Power of Attorney dated October 1, 1998. 8. From October 1, 1998 until October 25, 1999, Defendants Robert E. Lester and Rosemarie Jacoby served jointly as Attorneys-in-fact for Defendant Rosa Lester, pursuant to a Power of Attorney dated October 1, 1998. 9. Plaintiff believes, and therefore avers, that Defendants Rosemarie Jacoby and Robert E. Lester, in their capacities as attorneys-in-fact for Defendants Elbert Lester, Jr. and Rosa Lester, transferred all marital property and assets along with all of Defendant Elbert Lester, Jr. 's individual property and assets into the sole name of Rosa Lester. 10. On or about April 27, 1999, Defendant Elbert Lester, Jr. contacted the Plaintiff, Gates & Associates, P.C., for the purpose of having Plaintiff perform various estate planning services for the Defendants. 11. At all times relevant hereto, Susan Kay Candiello, Esq. has been an attorney licensed to practice law in the Commonwealth of Pennsylvania and employed by the Plaintiff. 12. On or about May 6, 1999, Susan Kay Candiello, Esq. in her capacity as an attorney for the Plaintiff law firm, met with the Defendants to discuss estate planning for Defendants Elbert Lester, Jr. and Rosa Lester. 13. Subsequent to May 6, 1999, Attorney Candiello drafted, and shared with the Defendants, an estate planning proposal and fee contract for the Defendants. 3 ~." )- '^, 14. Subsequent to May 6, 1999 various family developments and break downs occurred leading to strained relationships among some of the Defendants. 15. As a result of these changed circumstances, the fee contract was never signed by the Defendants. 16. At or before this time, Defendants were aware of the fees charged by Plaintiff through viewing the proposed fee contract and through various discussions with Attorney Candiello. 17. On or about May 26, 1999, Defendant Elbert Lester, Jr. was sent a billing statement for the period ending May 15, 1999, for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as nExhibi t An. 18. On or about May 24, 1999, Defendant Elbert Lester, Jr. executed a Living Will prepared by the Plaintiff. 19. On or about June 30, 1999, Defendant Elbert Lester, Jr. was sent a billing statement for the period ending June 15, 1999, for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as nExhibi t An. 20. On or about July 13, 1999, Defendant Elbert Lester, Jr. executed a Durable Power of Attorney in favor of Defendants Robert E. Lester and Shannon Lester, jointly. 21. On or about July 13, 1999, Defendant Elbert Lester, Jr. executed a Notice of Revocation of Attorney-in-Fact Representation revoking the Power of Attorney he had previously granted to Defendant Rosemarie Jacoby. 22. On or about July 22, 1999, Plaintiff filed, and caused to be recorded, Defendant Elbert Lester, Jr.'s Durable Power of Attorney and Notice of Revocation of Attorney- in-Fact Representation in both Dauphin and Lebanon Counties. 23. On or about August 23, 1999, Plaintiff mailed the Defendant, Elbert Lester, Jr., a billing statement for 4 __<.,~~9'"~ ~l= 1I!ILi:" _J, "'., the period ending August ~5, ~999, for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as "Exhibit A". 24. On or about)Wgust 23, ~999, Plaintiff drafted a Family Agreement for the Defendants. 25. Subsequent to August 23, ~999, Plaintiff made several revisions of the Family Agreement in order to try to resolve the tensions and animosities among the various Defendants. 26. On or about September 22, ~999, Plaintiff mailed the Defendant, Elbert Lester, Jr., a billing statement for the period ending September ~5, ~999, for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as "Exhibit A". 27. Subsequent to September of ~999, Plaintiff, continued to meet with the Defendants and perform various functions at the request of the Defendants, including, but not limited to, telephone calls, letters, and drafting visitation agreements. 28. On or about October 25, ~999, Defendant Rosa Lester executed, through a separate attorney, a Revocation of General Power of Attorney revoking the Power of Attorney she had previously granted to Defendants Rosemarie Jacoby and Robert E. Lester. 29. Plaintiff believes, and therefore avers, that on or about October 25, ~999, Defendant Rosa Lester executed a Power of Attorney solely in favor of Defendant Rosemarie Jacoby. 30.. Plaintiff mailed monthly billing statements to, Defendant, Elbert Lester, Jr., on or about November 5, 1999, November 22, ~999, February ~6, 2000, March 3~, 2000, April 30, 2000, and May 23, 2000 for services performed and expenses incurred by Plaintiff. The entire packet of billing statements is attached hereto and hereby incorporated by reference as "Exhibit A". 3~. To date, Plaintiff's bill totals Four Thousand Nine Hundred Twenty-seven and 50/~00 ($4,927.50) Dollars. 5 ,~;<,~~"~.~ ~~ ~~"'v , 32. To date, Defendants have paid nothing to the Plaintiff for the services rendered and expenses incurred by Plaintiff. WHEREFORE, Plaintiff demands judgment in the amount of Four Thousand Nine Hu~dred Twenty-seven and 50/100 ($4,927.50) Dollars, together with interest and all the fees and costs of this action. COUNT II QUANTUM MERUIT 33. Paragraphs 1 through 32 are hereby incorporated by reference as though more completely set forth herein. 34. Various services have been performed by Plaintiff for the benefit 'of Defendants, including, but not limited to, meeting with Defendants, travel to Defendants' homes, telephone calls, letters, drafting and execution of various estate planning documents, faxes, e-mails, and inter-office conferences. 35. Plaintiff consistently and periodically sent Defendants detailed and itemized billing statements outlining the various services performed by Plaintiff and the charges thereof. 36. When Plaintiff first began representing Defendants Elbert Lester, Jr. and Rosa Lester in their estate planning needs, Defendants Rosemarie Jacoby and Robert E. Lester were jointly serving as Attorneys-in-Fact for both Elbert Lester, Jr. and Rosa Lester. 37. In their capacities as Attorneys-in-Fact, Defendants Rosemarie Jacoby and Robert E. Lester controlled all of the finances for their parents, Defendants Elbert Lester, Jr. and Rosa Lester. 38. Plaintiff believes, and therefore avers, that Defendants Rosemarie Jacoby and Robert E. Lester, in their capacities as attorneys-in-fact for Defendants Elbert Lester, Jr. and Rosa Lester, transferred all marital property and assets along with all of Defendant Elbert Lester, Jr. 's individual property and assets into the sole name of Rosa Lester. 6 -" --'" ~--' 1.-," 39. On or about July 13, 1999, Defendant Elbert Lester, Jr. revoked the power of attorney he had granted in Defendant Rosemarie Jacoby. 40. On or about July 13, 1999, Defendant Elbert Lester, Jr. executed a Durable Power of Attorney naming Defendants Robert E. Lester and Shannon Lester as his joint attorneys-in-fact. 41. Plaintiff charged a reasonable fee for the services performed. 42. Defendants have not paid for any of the services performed by Plaintiff. 43. Defendants have been unjustly enriched and will continue to be unjustly enriched by reaping the benefits of Plaintiff's services without paying for those services. WHEREFORE, Plaintiff demands judgment in the amount of Four Thousand Nine Hundred Twenty-seven and 50/100 {$4,927.50l Dollars, together with interest and all the fees and costs of this action. GATES P.c. BY: LOWE Supr 1013 Lema {717 L R. ATES, Esquire me Court I.D. #46779 Mumma Road e, PA 17043 731-9600 DATED: ~6w-~ It, 2000 7 'C"""" ~~ ~.," ~=. ~, - , IIIlil!Iilj~R{ V E R I F I CAT ION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made . subject to the penalties of 18 Pa. C.S.A. !l 4904 relating to unsworn falsification to authorities. GATES & ASSOCIATES, P.C. Dated: ctA\ leD ( ( BY: 8 . ~"-,- CERTIFICATE OF SERVICE I, Lowell R. Gates, Esquire, of the law firm of Gates & Associates, P.C., hereby certify that I served a true and correct copy of the foregoing Complaint by Certified United States mail, to the following Defendant: Rosemarie Jacoby 221 Valley Road P.O. Box p17 Mt. Gretna, PA 17064 GATES & S CIATES, P.C. BY: iL ELL Supre 1013 Lema (717) R. GATES, Esquire Court I.D. #46779 mma Road , PA 17043 731-9600 DATED: ~8vI,"" L( ,2000 9 '_L ~~i'" GATES <<ASSOCIATES, P.C. , 1013 Mumma Road suite #100 . - ~ - - ~.... ~ -"- Lemoyne, ~A i/U4~-iGi~ (717) 731-9600 COpy S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning Statement Date May 26, 1999 Period Ending May 15, 1999 Reference No. 10433 professional Fees 04/27/99 SKC Telephone call to gather information and arrange meeting. 0.20 @ 125/hr 25.00 04/29/99 SKC Meeting with new elder law client. 3.60 @ 125/hr 450.00 05/06/99 SKC Meeting with family to discuss estate planning. 3.00 @ 125/hr 375.00 subtotal professional fees: 850.00 Disbursements 04/29/99 CD 05/06/99 CD Mileage - travel to and from client's home. Mileage - travel to and from Harrisburg. 24.00 7.56 30.00 9.45 subtotal disbursements: 17.01 Total current billing: 867.01 previous balance: 0.00 0.00 ~ , . -'~^.~"J Page 2 GATES << ASSOCIATES, P.C. Lester, Elbert Jr. Estate planning Total now due: 867.01 ------------ ------------ Current over 30 over 60 Over 90 ---------- ---------- ---------- ---------- 867.01 0.00 0.00 0.00 PAYMENT DUE UPON RECEIPT OF STATEMENT All overdue accounts will be assessed finance charges of 1 1/2% per month. FOR YOUR CONVENIENCE WE NOW ACCEPT VISA & MASTERCARD FOR PAYMENT. If paying by credit card, please fill out enclosed form and mail. - . .....' '-= . ~'~ '--"'~~'~'':'' GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #100 hemoyne, PA 17Q43-121B (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate planning statement Date June 30, 1999 Period Ending June 15, 1999 Reference No. 10623 r~-~!f 1 'c. (._:;V '" .....< I' . '~""- Professional Fees 05/17/99 SKC Telephone 2.20 @ 125/hr 275.00 conference with grand-daughter regarding recent family developments. Drafting estate planning proposal. 05/18/99 CAH Reviewed estate 0.40 @ 125/hr 50.00 planning proposal and made notes. 05/18/99 SKC Telephone call to 0.60 @ 125/hr 75.00 client's daughter-in-law. Discussion with CAH regarding estate planning. 05/19/99 SKC Telephone 0.20 @ 125/hr 25.00 conference with daughter-in-law regarding family's assets and the source of these assets. OS/24/99 SKC Drafted Living 1. 80 @ 125/hr 225.00 will. completed estate planning proposal . Meeting at client's home to sign Living will. . ~, ~ -' , '"~~ ~'~g" GATES << ASSOCIATES, P.C. page 2 Lester, Elbert Jr. Estate Planning 06/02/99 SKC Telephone conference with daughtQr-in-law to discuss family reactions to our proposal. Discussed client's options to daughter's refusal of care. 0.40 @ 125/hr 50~OO ------------ Subtotal professional fees: 700.00 Disbursements OS/27/99 CD OS/27/99 CD postage. postage. 1.00 1.00 0.99 0.55 subtotal disbursements: 1. 54 Total current billing: 701. 54 OS/26/99 No. 10433 prior payments/credits ( 867.01 0.00) 867.01 Previous balance: 867.01 867.01 Total now due: 1,568.55 ------------ ------------ current Over 30 over 60 over 90 ---------- ---------- ---------- ---------- 701.54 867.01 0.00 0.00 ",~",~ :h-." I. ..!If" GATES << ASSOCIATES, P.C. page 3 Lester, Elbert Jr. Estate Planning PAYMENT DUE UPON RECEIPT OF STATEMENT All overdue accounts will.be assessed finance charges of 1 1/2% per month. FOR YOUR CONVENIENCE WE NOW ACCEPT VISA << MASTERCARD FOR PAYMENT. If paying by credit card, please fill out enclosed form and mail. _..~" '-1. .~ , ~-"~, ~,,~lnl':~, GATES << ASSOCIATES, P.C. 1013 Mumma Road Suite #100 Lemoyne, PA 17043-1218 (717) 731-9600 Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 S TAT E MEN T Estate Planning Statement Date August 23, 1999 period Ending August 15, 1999 Reference No. 10947 ,,""" ,...-......, -\f ~~~~ .. Professional Fees 07/13/99 SKC Drafted Durable 3.00 @ 125/hr 375.00 power of Attorney and Revocation. Travel to client's home to review and sign documents. 07/14/99 SKC Telephone 0.40 @ 125/hr 50.00 conference with client's son regarding proceeding. 07/15/99 SKC Telephone call to 0.20 @ 125/hr 25.00 gl.-anddauqhter regarding status at home. 07/27/99 SKC Letter to 0.60 @ 125/hr 75.00 daughter regarding change in Durable Power of Attorney. 08/09/99 SKC Telephone 0.40 @ 125/hr 50.00 conference with client's grand-daughter regarding situation. Letter to client. 08/10/99 SKC Telephone call to 0.40 @ 125/hr 50.00 Sherry Byer. Telephone call to client. Lester, Elbert Jr. Estate Planning . ~~ GATES << ASSOCIATES, P.C. 08/11/99 SKC Telephone call to daughter-in-law. 08/12/99 SKC Telephone conference with daughter regarding client's agreement to meet. Telephone call to granddaughter to discuss and confirm meeting. Disbursements 07/13/99 07/16/99 07/19/99 07/20/99 07/20/99 07/21/99 07/21/99 08/10/99 08/12/99 08/15/99 subtotal professional fees: CD CD CD CD CD CD CD CD CD SKC Mileage - travel to and from client's home. Long distance charges. Long distance charges. Recording fees - Lebanon Co. Recorder Deeds. Recording fees - Dauphin Co. Recorder of Deeds. Postage. postage. Long distance charges. Long distance charges. Finance charge. subtotal disbursements: Total current billing: OS/26/99 NO. 10433 prior payments/credits 06/30/99 No. 10623 Prior payments/credits Previous balance: 0.20 @ 125/hr 25.00 0.40 @ 125/hr 50.00 700.00 27.00 8.51 1.00 0.13 2.00 0.26 1. 00 36.00 1.00 39.00 2.00 1. 54 2.00 0.66 3.00 0.39 3.00 0.39 1. 00 23.53 ------------ 110.41 ( ( 867.01 0.00) 701. 54 0.00) 701.54 867.01 1,568.55 ~.~~, Page 2 ------------ 810.41 1,568.55 .'-<-. ~ , lMii:iI GATES << ASSOCIATES, P.C. Page 3 Lester, Elbert Jr. Estate Planning ------------ Total now due: 2,378,96 ------------ ------------ Current Over 30 Over 60 Over 90 ---------- ---------- ---------- ---------- 810.41 0.00 701.54 867.01 PAYMENT DUE UPON RECEIPT OF STATEMENT All overdue accounts will be assessed finance charges of 1 1/2% per month. W~ NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA & MASTERCARD. If paying by credit card, please fill out enclosed form and mail. ". , ~ ~ t~l'lit.: GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #iOO Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning Statement Date september 22, 1999 Period Ending september 15, 1999 Reference No. 11196 C r'""" i!"""! - r ~, ..... ~.. I YOUR ACCOUNT IS PAST DUE..PLEASE REMIT YOUR PAYMENT IMMEDIATELY Professional Fees 08/16/99 SKC Telephone 0.60 @ 125/hr , 75.00 conference with Shannon regarding sunday visit with client's wife and daughter. Telepone call to sherry Eyler. 08/17/99 SKC Telephone 0.40 @ 125/hr 50.00 conference with Lynne Nessel at Hershey psych. Department regarding sunday visits of client's wife. 08/18/99 SKC Received and 0.20 @ 125/hr 25.00 reviewed fax from daughter-in-law. Telephone call to daughter-in-law regarding meeting. 08/19/99 SKC Meeting with 4.00 @ 125/hr 500.00 Elbert Lester and family regarding care and finances. 08/23/99 SKC Telephone call to 1. 00 @ 125/hr 125.00 ......~ GATES << ASSOCIATES, P.C. Lester, Elbert Jr. Estate Planning grand-daughter regarding meeting and proposed agreement. Telephone conference with grand-daughter regarding meeting. Telephone call to daughter-in-law regarding same. 08/23/99 SKC Drafted family agreement letter to shannon. Letter to client. Letter to Rosemarie and Tom. 2.60 @ 125/hr 325.00 OB/27/99 SKC Telephone call with daughter-in-law regarding family problems. 0.40 @ 125/hr 50.00 08/30/99 SKC Family meeting regarding Agreement. 2.20 @ 125/hr 275.00 08/31/99 SKC Revised Family Agreement. E-mailed Agreement to Robert Lester. copy to Elbert Lester and Rosemarie Jacoby. 1.40 @ 125/hr 175.00 subtotal professional fees: 1,600.00 Disbursements OB/16/99 OB/19/99 CD Long distance charges. CD Mileage - travel to and from Lester home for family meeting. SKC Finance charge. 3.00 2B.00 0.39 8.82 09/15/99 1.00 23.53 -..... -4i",dOOll.b*,,,': Page 2 ';,.....~~ -. OJ ~.... -- ,~-~ " ~ - ~ """1~..rib ,. GATES << ASSOCIATES, P.C. page 3 Lester, Elbert Jr. Estate planning -~---------- subtotal disbursements: 32.74 Total current billing: 1,632.74 .05/26/99 No. 10433 Prior payments/credits 06/30/99 No. 10623 Prior payments/cre~its 08/23/99 NO. 10947 prior payments/credits 867.01 0.00) 867.01 701.54 ( 0.00) 701. 54 810.41 ( 0.00) 810.41 Previous balance: 2,378.96 2,378.96 Total now due: 4,011.70 ------------ ------------ Current Over 30 over 60 over 90 1632.74 810.41 0.00 1568.55 PAYMENT DUE UPON RECEIPT OF STATEMENT All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA << MASTERCARD. If paying by credit card, please fill out enclosed form and mail. ~' ~. ~, GATES << ASSOCIATES, P.C. 1013 Mumma Road Suite #lU(J Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning statement Date November 5, 1999 Period Ending October 29, 1999 Reference NO. 11454 '~f."'~~.!' .~ --, -- '" '"'- ~"".II j PAYMENT DUE UPON RECEIPT OF STATEMENT professional Fees 10/07/99 SKC Telephone call to Atty. smith regarding letter stating they are representing Rose Lester. Telephone conference with son, Robert Lester, regarding status of finances. 0.40 @ 125/hr 50.00 subtotal professional fees: 50.00 Disbursements 10/15/99 SKC Finance charge. 1. 00 35.33 subtotal disbursements: 35.33 ------------ Total current billing: 85.33 OS/26/99 No. 10433 867.01 prior payments/credits 0.00) 867.01 06/30/99 NO. 10623 701.54 Prior payments/credits 0.00) 701.54 08/23/99 No. 10947 810.41 ~ '--~~.' "" ",", -""ibl~~\"i GATES << ASSOCIATES, P.C. Page 2 Lester, Elbert Jr. Estate Planning Prior payments/credits 09/22/99 No. 11196 Prior payments/credits ( ( 0.00) 1,632.74 0.00) 810.41 1,632.74 ------------ Previous balance: 4,011.70 4,011.70 Total now due: 4,097.03 ------------ ------------ current over 30 over 60 Over 90 ---------- ---------- ---------- ---------- 85.33 1632.74 810.41 1568.55 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA & MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. ~ .. "-- GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #100 Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning statement Date November 22, 1999 period Ending November 15, 1999 Reference No. 11671 ~"~ ~~ 1-'- ""~ ..I~,- .~_ .-,"'...... -'iF ;( - '.' -.". i.... ; I Y '" '-" ~ . PAYMENT DUE UPON RECEIPT OF STATEMENT professional Fees YOUR ACCOUNT IS PAST DUE..PLEASE REMIT YOUR PAYMENT IMMEDIATELY 10/26/99 SKC Telephone conference with Atty. Joanne christine regarding representation of Rose Lester. Telephone conference with Robert Lester regarding Rose's request for visitation. 0.40 @ 125/hr 10/26/99 SKC Telephone conference with Ona Lester regarding shannon's back injury - "pinched sciatic nerve". Questions regarding shannon's continuing to care for Elbert. 0.40 @ 125/hr 11/01/99 SKC Telephone conference with granddaughter regarding visits 0.60 @ 125/hr 50.00 50.00 75.00 . " -~ GATES << ASSOCIATES, P.C. Lester, Elbert Jr. Estate Planning and paying bills. Telephone call to Atty. christine regarding visitation. subtotal professional fees: Disbursements 10/26/99 11/15/99 CD Long distance charges. SKC Finance Charge. Subtotal disbursements: Total current billing: OS/26/99 No. 10433 Prior payments/credits 06/30/99 No. 10623 prior payments/credits 08/23/99 No. 10947 Prior payments/credits 09/22/99 No. 11196 prior payments/credits 11/05/99 No. 11454 Prior payments/credits Previous balance: Total now due: 13 .00 1.00 ( ( ( ( ( 867.01 0.00) 701. 54 0.00) 810.41 0.00) 1,632.74 0.00) 85.33 0.00) 175.00 1.69 59.47 61.16 867.01 701.54 810.41 1,632.74 85.33 4,097.03 . ...;,......~ ~~~iioOili:"~_~~ page -) 236.16 4,097.03 4,333.19 ------------ ------------ - ,~' ., Lfn~,~~,,_ GATES << ASSOCIATES, P.C. Page 3 Lester, Elbert Jr. Estate Planning Current Over 30 Over 60 Over 90 ---------- ---------- ---------- ---------- 321.49 0.00 1632.74 2378.96 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA & MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. - .~ .,. '" "~rll,,; GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #iOO Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning statement Date February 16, 2000 Period Ending February 15, 2000 Reference No. 11915 r>" ,'''''' ,..."" . ~~'4"I' PAYMENT DUE UPON RECEIPT OF STATEMENT YOUR ACCOUNT IS PAST DUE..PLEASE REMIT YOUR PAYMENT IMMEDIATELY professional Fees 10/28/99 SKC Telephone conference with client regarding agreement for visitation. 0.20 @ 125/hr 25.00 subtotal professional fees: 25.00 Disbursements 02/15/00 SKC Finance Charge. 1.00 62.87 subtotal disbursements: 62.87 Total current billing: 87.87 OS/26/99 No. 10433 867.01 Prior payments/credits ( 0.00) 867.01 06/30/99 No. 10623 701.54 Prior payments/credits ( 0.00) 701. 54 08/23/99 No. 10947 810.41 Prior payments/credits ( 0.00) 810.41 09/22/99 No. 11196 1,632.74 Prior payments/credits ( 0.00) 1,632.74 11/05/99 No. 11454 85.33 ~' & l_.~, GATES << ASSOCIATES, P.C. Page 2 Lester, Elbert Jr. Estate Planning prior payments/credits 11/22/99 No. 11671 prior payments/credits ( ( 0.00) 236.16 0.00) 85.33 236.16 ------------ Previous balance: 4,333.19 4,333.19 Total now due: 4,421.06 ------------ ------------ Current Over 30 over 60 Over 90 ---------- ---------- ---------- ---------- 87.87 0.00 0.00 4333.19 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA <<MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. - '-,- INi~i;';Y: GATES << ASSOCIATES, P.C. 1013 Mumma Road suite #100 Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T :/~~. . ~ F'~ 1!! Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 "-', ~;s il Estate planning Statement Date March 31, 2000 Period Ending March 15, 2000 Reference NO. 12667 PAYMENT DUE UPON RECEIPT OF STATEMENT Professional Fees 02/23/00 LRG Telephone 1. 00 @ 155/hr 155.00 conference with Robert Lester regarding parent's estate planning and problems with the sister. 03/03/00 LRG Reviewed file. 0.30 @ N/C 0.00 prepared memo to SKC. 03/13/00 MEH Inter-office 0.20 @ N/C 0.00 conference with SKC. subtotal professional fees: 155.00 Disbursements 03/15/00 SKC Finance Charge. 1.00 62.87 subtotal disbursements: 62.87 ------------ Total current billing: 217.87 OS/26/99 No. 10433 867.01 '" . - -~ _J. '-L_'< GATES & ASSOCIATES, P.C. Page 2 Lester, Elbert Jr. Estate Planning 06/30/99 08/23/99 09/22/99 11/05/99 11/22/99 02/16/00 prior payments/credits No. 10623 Prior payments/credits No. 10947 Prior payments/credits No. 11196 Prior payments/credits No. 11454 prior payments/credits No. 11671. Prior payments/credits No. 11915 prior payments/credits ( 0.00) 867.01 701. 54 ( 0.00) 701.54 810.41 ( 0.00) 810.41 1,632.74 ( 0.00) 1,632.74 85.33 ( 0.00) 85.33 236.16 ( 0.00) 236.16 87.87 0.00) 87.87 ------------ 4,421.06 ------------ 4,421.06 previous balance: Total now due: 4,638.93 ------------ ------------ Current Over 30 over 60 Over 90 ---------- ---------- ---------- ---------- 217.87 87.87 0.00 4333.19 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA <<MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. ~. =-,._-- ""s, GATES << ASSOCIATES, P.C. 1013 Mumma Road Suite #lUU Lemoyne, PA 17043-1218 (717) 731-9600 S TAT E MEN T Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 Estate Planning statement Date April 30, 2000 period Ending April 30, 2000 Reference No. 12956 COJ'\' PAYMENT DUB UPON RECEIPT OF STATEMENT professional Fees 04/06/00 MEH Reviewed file. Inter-office conference with LLG and TLS. Memo to LRG. Inter-office conference wi1!:h LRG. 0.80 @ 150/hr 120.00 subtotal professional fees: 120.00 Total current billing: 120.00 OS/26/99 No. 10433 867.01 Prior payments/credits ( 0.00) 867.01 06/30/99 No. 10623 701. 54 Prior payments/credits ( 0.00) 701. 54 08/23/99 No. 10947 810.41 prior payments/credits ( 0.00) 810.41 09/22/99 No. 11196 1,632.74 Prior payments/credits ( 0.00) 1,632.74 11/05/99 No. 11454 85.33 Prior payments/credits ( 0.00) 85.33 11/22/99 No. 11671 236.16 Prior payments/credits ( 0.00) 236.16 02/16/00 No. 11915 87.87 Prior payments/credits ( 0.00) 87.87 03/31/00 No. 12667 217.87 Prior payments/credits ( 0.00) 217.87 - - ~- - ~ r -~ "' tm];~.i GATES << ASSOCIATES, P.Co Page 2 ~ester, Elbert Jr. Estate Planning ------------ Previous balance: 4,638.93 4,638.93 Total now due: 4,758.93 ------------ ------------ current Over 30 over 60 Over 90 ---------- ---------- ---------- ---------- 120.00 217.87 87.87 4333.19 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA & MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. ,-. "~'--,L~~i GATES << ASSOCIATES, P.C. 1013 Mumma Road ~uite #iUO Lemoyne, PA 17043-1218 (717) 731-9600 Lester, Elbert Jr. 6270 Huntingdon Harrisburg, PA 17111 S TAT E MEN T Estate planning COpy Statement Date May 23, 2000 Period Ending May 15, 2000 Reference No. 13189 PAYMENT DUE UPON RECEIPT OF STATEMENT Diabursements 05/09/00 CD Court Costs - DJ filing fees. 05/15/00 SKC Finance Charge. 1.00 103.00 1.00 65.57 subtotal disbursements: 168.57 Total current billing: 168.57 OS/26/99 NO. 10433 867.01 prior payments/credits ( 0.00) 867.01 06/30/99 NO. 10623 701.54 prior payments/credits ( 0.00) 701.54 08/23/99 NO. 10947 810.41 prior payments/credits ( 0.00) 810.41 09/22/99 NO. 11196 1,632.74 prior payments/credits ( 0.00) 1,632.74 11/05/99 NO. 11454 85.33 prior payments/credits ( 0.00) 85.33 11/22/99 NO. 11671 236.16 prior payments/credits ( 0.00) 236.16 02/16/00 NO. 11915 87.87 prior payments/credits ( 0.00) 87.87 03/31/00 NO. 12667 217.87 prior payments/credits ( 0.00) 217.87 04/30/00 NO. 12956 120.00 prior payments/credits ( 0.00) 120.00 ------------ previous balance: 4,758.93 ------------ 4,758.93 -. l"_';"_",~ GATES << ASSOCIATES, P.C. page 2 Lester, Elbert Jr. Estate planning Total now due: 4,927.,50 ------------ ------------ Current Over 30 Over 60 over 90 ---------- ---------- ---------- ---------- 288.57 217.87 0.00 4421.06 All overdue accounts will be assessed finance charges of 1 1/2% per month. WE NOW ACCEPT THE FOLLOWING CREDIT CARDS FOR PAYMENT: AMERICAN EXPRESS, DISCOVER, VISA & MASTERCARD. PLEASE CALL THE OFFICE FOR DETAILS. ~";~~",""'i",j:l>1-i~";""",'i1>l>\,1I~$a;<J;,...",.,,,;,.,g;,j~~",, ~. ~ ~ @,,~ 'C.I ,. -.-p". .-"'~ "' ,"',~.~ .{i/i,', 4:1i/;':" . :j !j ~~-. _"""'''''''''''',"~.~~",:i ;. '/:/"') ~} r/ I' 1/ C i ellS ~.,.I,..:fJo ~ " ",,,',,,",;,',"',,,..,,, ~"",,+iJ,'>lIlOlIl/J.~~i!l\ll*~~;~.,.,"";iiik-'A,~~.mililII- "- ~ ~"" I~ ~~ .~>~_~_h'1lilr~ ~ ~ rff.: -' ,-" ~ ~- , 1')j1.-*:i GATES & ASSOCIATES, P.c. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, AND ROSEMARIE JACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-iu-Fact, Defendants CIVIL ACTION NO. 00-5798 REPLY TO NEW MATTER AND NOW comes the Plaintiff, Gates & Associates, P.C., and hereby sets for the following Reply to New Matter. 44. Paragraphs I through 43 of the Complaint are hereby incorporated by reference as though more fully set forth herein. 45. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth and veracity of the averments of Paragraph 45 and strict proof thereof is demanded at trial. By way offurther response, it is denied that any assets transferred belong solely to Rosa Lester and it is averred that those assets constitute marital property. 46. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth and veracity of the averments of Paragraph 46 and strict proof thereof is demanded at trial. 47. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth and veracity of the averments of Paragraph 47 and strict proofthereofis demanded at trial. 48. Admitted. I 'HI. "', 49. Admitted. 50. Admitted in part, denied in part. It is admitted that Rosa Lester did not authorize Plaintiff to perform legal services, however, Rosa Lester did not object to, and in fact participated in, through her attorney-in-fact, Rosemarie Jacoby, family meetings with the goal of creating an estate plan to benefit both Rosa Lester and Elbert Lester, Jr. 51, Admitted in part, denied in part, It is admitted that Rosemarie Jacoby did not authorize Plaintiff to perform legal services for Elbert Lester, Jr. or Rosa Lester. Rosemarie Jacoby personally participated in joint sessions oflegal counsel involving those legal services. By way of further response, Rosa Lester, by and through her attorney-in-fact Rosemarie Jacoby, cannot withhold marital assets from one spouse simply by having those assets in the name of the other spouse. 52. Admitted. By way of further response, Rosa Lester, by and through her attorney- in-fact Rosemarie Jacoby, clffillot withhold marital assets from one spouse simply by having those assets in the name of the other spouse. 53. Admitted. By way of further response, Rosa Lester, by and through her attorney- in-fact Rosemarie Jacoby, cannot withhold marital assets from one spouse simply by having those assets in the name ofthe other spouse. 54. Denied. Plaintiff worked with the family to draft and implement an estate plan to benefit both Elbert Lester, Jr. and Rosa Lester. 55. Denied. Rosa Lester participated in, and never objected to estate planning proposals set forth by Plaintiff, which were requested by her husband, Elbert Lester, Jr. By way of further response, Rosa Lester, by and through her attorney- in-fact Rosemarie Jacoby, cannot withhold marital assets from one spouse simply by having those assets in the name of the other spouse. 56, Denied. Rosemarie Jacoby participated in, and never objected to estate planning proposals set forth by Plaintiff, which were requested by her father, Elbert Lester, Jr. By way of further response, Rosa Lester, by and through her attorney-in-fact Rosemarie Jacoby, cannot withhold marital assets from one spouse simply by having those assets in the name of the other spouse. 57. Denied. Plaintiff does not know what correspondence and information, if any, 2 ~~ Rosemarie Jacoby, as attorney-in-fact for Rosa Lester, passed on to Rosa Lester. Therefore, After reasonable investigation, Plaintiff is without knowledge and information sufficient to form a belief as to the truth or veracity of the averments set forth in Paragraph 57 and strict proof thereof is demanded at trial. 58. Denied. Plaintiff does not know what correspondence and information, if any, Rosemarie Jacoby, as attorney-in-fact for Rosa Lester, passed on to Rosa Lester. Therefore, After reasonable investigation, Plaintiff is without knowledge and information sufficient to form a belief as to the truth or veracity of the averments set forth in Paragraph 58 and strict proof thereof is demanded at trial. 59. Denied. Rosemarie Jacoby attended at least one meeting with other members of her family and Plaintiff where the estate planning proposal was discussed in detail. 60. Admitted in part, denied in part. Rosemarie Jacoby met with Attorney Susan Kay Candiello. Also present at the meeting was Rosemarie Jacoby's daughter, who happens to be an attorney. At no time did Rosemarie Jacoby ever indicate that her daughter represented her or was there in any other capacity other than as a family member. 61, Denied. The averments of Paragraph 61 constitute conclusions of law to which no response IS necessary. 62. Denied. After reasonable investigation, Plaintiff is without knowledge and information sufficient to form a belief as to the truth or veracity of the averments set forth in Paragraph 62 and strict proof thereof is demanded at trial. 63. Denied as stated. The services performed by Plaintiff were for the benefit of Elbert Lester, Jr. and Rosa Lester. It is denied that those services were for the benefit of Robert Lester or Shannon Lester. 64. Denied. The averments of Paragraph 64 constitute conclusions oflaw to which no response is necessary. 65. Denied. The averments of Paragraph 65 constitute conclusions of law to which no response is necessary. 66. Denied. The averments of Paragraph 66 constitute conclusions of law to which no response IS necessary. 3 " , I,.l_'~ ~ ~ , '~ ;. - :'i~ 67. Denied. The averments of Paragraph 67 constitute conclusions oflaw to which no response IS necessary. 68. Denied. The averments of Paragraph 68 constitute conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of the Plaintiff and against Defendants Rosa Lester and Rosemarie Jacoby, as attorney-in. fact for Rosa Lester, in the amount requested in the Complaint, together with interest and all the fees and costs of this action. L-- LL R. GATES, Esquire e Court J.D. #46779 10 13 umma Road Lemoyne, PA 17043 (717)731-9600 DATED: t>.ecel.'\i~ 1 ,2000 4 r_c_ '~"'-i:t..t,j', VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities, GATES & ASSOCIATES, P.C. Omoo 11f&o c& " BY: Susan Kay a ,lello, Esq. 5 -' '~'. .., CERTIFICATE OF SERVICE I, Lowell R. Gates, Esquire, of the law firm of Gates & Associates, P.C., hereby certifY that I served a true and correct copy of the foregoing Reply to New Matter by First Class United States mail, postage prepaid, to the following individuals: Joanne Book Christine, Esq. Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 Elbert Lester, Jr. Dauphin Manor 1205 South 28th Street Harrisburg, P A 17111 Robert E. Lester 6330 Somerset Street Harrisburg, PA 17111 Shannon Lester 6270 Huntingdon Street Harrisburg, P A 17111 BY: LOWE Suprem 1013 M a Road Lemoyne, P A 17043 (717) 731-9600 DATED: ~ 1 ,2000 6 ~""~. , , ~,~ .~, . l' ~ , ~11l1:~l GATES & ASSOCIATES, P.C. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, AND ROSEMARIE JACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION NO. 00-5798 PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Pursuant to Pa.R.C,P, I037(b), please enter judgment by default in favor of Plaintiff and against Defendant, Elbert Lester, If., for failure to file an answer to the complaint or otherwise to plead thereto, and assess Plaintiff's damages as follows: Amount claimed in the complaint: Late charges at I,5%/month for 11 months from filing of complaint: $ 4,927,50 $ 813,04 TOTAL: $ 5,74054 together with Plaintiff's costs and attorney fees as requested in the complaint. It is certified that a written notice of intention to file this praecipe was mailed to the Defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe, A copy of the notice is attached hereto, =. Date: ~~, ,2001 , , ..<~ B Lowell R. Gates, Esquire 10 13 umma Road, Suite 100 Lemo e, PA 17043 (717) 31-9600 (Attorneys for Plaintiff) Judgment is entered against Defendant Elbert Lester, Jr. and damages are assessed as requested above. Date: ~ -1::2 ('Y) I I (l~/i< ~ Prothonotary 2 c, , J ..L-_ ~~ _e. .... GATES & ASSOCIATES, P.C. : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, AND ROSEMARIE JACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION NO. 00-5798 . . To: Elbert Lester, Jr. Dauphin Manor 1205 South 28111 Street Harrisburg, P A 17111 Date of Notice: July 19, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TillS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, AJUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, P A 17013 (717) 240-6200 ~@~v . Date: .~-:-~, L,% BY: Low II R. Gates, qUire 1013 ummaRoad, Suite 100 Lemoyne, PA 17043 (717) 731-9600 Attorneys for Plaintiff 1-/~~d1YJ( 2 ~~it#JIiit"ij):&ollii~~I!iI!'.l/\:l~WJ","*,~r,;itOl;""",!"'''''Wjd~''''.iI,ni<lliill,t.~t>;@J','\'J;~~-,'''''' -A-,;,j"f",htl<li-'~1l1W!~.elill\i,d~'<l ~v_~,' ~-,~~'- . -'OIIlffilIi!ili'" '" ~-~~-~ t 7V ~ ~ 1i. ~ ~ (") C) C) 8 C ~'J1 <" ".. r - ~aj c:: - __ rn G) . " c..., ?1(~ .,'M - I Tji'~'j 3 Vl J:: (/) ~ (..) 'U',J <y -<:2: "-. I 10 ",:'-;() - > ~~j ~:~ \2f' ~ 0 :J:: '"' 8 ( Cl (~)m Z .-j a )> ::< ::0 -< :: ~-,~ e~_ ,,-y-, "-'_" _ -,,,'" _.<m m__.,,~~,"_ ~'"'__,~_~ ~_~~_ ",I, '" - -" "-.~ -..."~,~ '0., '~M;' GATES & ASSOCIATES, P.C. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, AND ROSEMARIE JACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION NO. 00-5798 PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Pursuant to Pa.R.e.P. 1037(b), please enter judgment by default in favor of Plaintiff and against Defendant, Robert E. Lester, for failure to file an answer to the complaint or otherwise to plead thereto, and assess Plaintiff's damages as follows: Amount claimed in the complaint: Late charges at 1.5%/month for II months from filing of complaint: $ 4,927.50 $ 813.04 TOTAL: $ 5,740.54 together with Plaintiff's costs and attorney fees as requested in the complaint. It is certified that a written notice of intention to file this praecipe was mailed to the Defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days priorto the date of the filing of this praecipe. A copy ofthe notice is attached hereto. . . "" ",- B Lowell 1013 mma Road, Suite 100 Lemoy e, PA 17043 (717) 31-9600 (Attorneys for Plaintiff) Date: ~',2001 Judgment is entered against Defendant Robert E. Lester, and damages are assessed as requested above. Date: {Ju9 ~{, JODI Prothonotary 2 ~._- ,-<-, - > -~ <' '~ ~' .....'"j,-,<~(f,_, GATES & ASSOCIATES, P.C. : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : ELBERT LESTER, JR. and CIVIL ACTION . ROSA LESTER, Husband and Wife, AND ROSEMARIE JACOBY, ROBERT E. LESTER NO. 00-5798 and SHANNON LESTER, as their Attorneys-in-Fact, Defendants To: Robert E. Lester 6330 Somerset Street Harrisburg, P A 17111 Date of Notice: July 19, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BEeAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS eASE. UNLESS YOU AeT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOUMA YLOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTIeE TO A LAWYER AT ONeE. IF YOU DO NOT HA VEALAWYER OReANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: eourt Administrator eumberland eounty eourthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 ((~\ ~@[fiJrr .~~'~ Date: 1-(Q,.. ~! - -~W'"~- ", ':"M~ B tes, P.c. Lowell . Gates, Esquire 1013 ummaRoad, Suite 100 Lemo e, PA 17043 (717) 31-9600 Attorneys for Plaintiff 2 ,', ',"~, _........~'~i!li<::llIH'<.-E'~b-d",'~'*'O~'i',N:-'''*''"'''''''''lIIiiJ[~y-MJ'dhl, g""'.,;-,bJiJlil:,;g'lEk"cL"I";,')-,,,M2"--,,",l;,f,""-",*,,,A"ll!!I!I<,Il<"~!Ul.'e","~;illt~",-~;tl&.~".;",,". I/' ~~ ~""iW:lii~^ ~fuoi.i1:1.-.:.&i1,- ," t ~ fl ,.(q., ....0 8 - (") 0 0 f\ ;:::. c <" -n ~ ~-offi :>:- '-""1 "- r ~y! c:: ..... G") ":;"'''' ~ ~ ZC I '1"-- - -nf'l1 (r)c-. (..) ~'!);~j L.3 ~~~, '"'" (:~~(~ ~ (J- ::Jt .-<:B ~ ~8 '2 --;;~ c-., C:)m z -,,'! ::< 0 ~ r" -< , ~^~~ , ~,,~" -~."~_. l~ ~. ~ LAJ,,,,} GATES & ASSOCIATES, P.C. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wife, AND ROSEMARIE JACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION NO. 00-5798 PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Pursuant to PaRC.P. 1037(b), please enter judgment by default in favor ofPlaintitTand against Defendant, Shannon Lester, for failure to file an answer to the complaint or otherwise to plead thereto, and assess Plaintiff's damages as follows: Amount claimed in the complaint: Late charges at 1.5%/month for 11 months from filing of complaint: $ 4,927.50 $ 813.04 TOTAL: $ 5,740.54 together with Plaintiff's costs and attorney fees as requested in the complaint. It is certified that a written notice of intention to file this praecipe was mailed to the Defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached hereto. hdJh'{, B . Gates, Esquire 1013 mma Road, Suite 100 Lemoy e, PAl 7043 (717)7 1-9600 (Attorneys for Plaintiff) Date: f1t~L, 2001 Judgment is entered against Defendant Shannon Lester, and damages are assessed as requested above. Date: f),1'1 ~~ ..:2001 I 2 ""--'" ^ ,- .< J" GATES & ASSOCIATES, P.c. : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. ELBERT LESTER, JR. and ROSA LESTER, Husband and Wire, AND ROSEMARIE JACOBY, ROBERT E. LESTER and SHANNON LESTER, as their Attorneys-in-Fact, Defendants CIVIL ACTION NO. 00-5798 To: Shannon Lester 6270 Huntingdon Street Harrisburg, PA 17111 Date of Notice: July 19, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BEeAUSE YOU HAVE FAILED TO TAKE AeTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU AeT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONeE. IF YOU DO NOT HA VEALAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 (f:;@~~ ,-- I _j s ciates, P. C. Y: Low I R. Gates, Esquire 101 Mumma Road, Suite 100 Le oyne, PA 17043 (7 7) 731-9600 Attorneys for Plaintiff Date: '7...Nr-dtnJ 2 ~ft!iii'ii.~f.<:.!!::illl!j!-"-,i_';,5"-,,,,,,"-<','<fvl-"';"',~!<!i>clIlWj,j~i~11li;fuiCi:,J'~- ""#--Idf,':,dH:i,~~""'-:'''"W-'''';' o)";,~~,~,~"'n."''''J,~mllilli.~~~~,I>~~-~c~,~'''''_'>ll1ill\>d.'.II.!"lli-'1llit;jW8il","","~MJtiilllihlli~-"'.illili"'illIi,,,<!;.J.,,",~~"- ~___. .w, ~'^"'~, ,_~,>~"' ",.~,'''''H '><> __~ <, ,'~ ~ t~ ~ 8 ~~ ~ ......... [IJrr :::: b: -v z1!' ,^ bw Ct:' S9~ ~ ~ {' i~ - .~ f2 ~~ .r J:-~ ~.,' ~,,," " ..- "," '''',-1 C) C'~ ...,." ". c::: G'") I c.; :::J r-"' --"rf'n -- '--j ':--':r~) ''1'- ,., g~ :;;~~ :D -< );>. ::n: <:? a o .