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HomeMy WebLinkAbout00-06756 II WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 - " ~l-~ II .~~ ',< ' "' - ~;,.. ,,,~' '" - - ~"~' '~lllillii:-' WAYNEF. SHADE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 00-6756 CIVIL TERM WELDON E. THOMAS, Defendant PRAECIPE TO: Curtis R. Long, Prothonotary Please mark the docket in the above-captioned matter "settled and discontinued". Date: December 29, 2000 ~~j ~ ~- Wayne F~de jAj ,~~_ ,<_I I.. l ,,"'J: ' --. "~" r<'-<- " TU!...",;;",,,., SHERIFF'S RETURN - REGULAR CASE NO: 2000-06756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHADE WAYNE F VS THOMAS WELDON E CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS WELDON E the DEFENDANT , at 0012:33 HOURS, on the 31st day of October ,2000 at 6205 LOCUST LANE MECHANICSBURG, PA 17055 by handing to WILL THOMMS (NEWPHEW & LEGAL ADULT RESIDENT) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof" Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So ;;~~t R. Thomas Kline me this Ftt... day of 11/01/2000 WAWE F. SHADE ~ By :' <" '-;J, ;:~Sher' f . Sworn and Subscribed to before ~ .::Jmx) A.D. C)", e nul" < ~ rothonotary' ' '"~-,,~- ~~~.J.J~~~~ WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 "I' ....;~.1 "'ij.ifi;e. ~j_..".>~.",-- WAYNEF. SHADE, _ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 00- {, 7st, CIVIL TERM WELDON E. THOMAS, Defendant 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 the pleadings and Notice are served, 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 pleadings or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 a:~~ Wayne . Shade, EsqUIre ~~ ~ ~'~~~'-~"Il..J l"~ -~ IIli WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~L [,I ^" ,~" -'.', ~ "'.~"'~;: WAYNEF. SHADE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 00- r. 7t(, CIVIL TERM WELDON E. THOMAS, Defendant COMPLAINT 1. Plaintiff WAYNE F. SHADE is an adult individual who has at all times pertinent hereto been duly licensed in the practice of law in the Commonwealth of Pennsylvania and whose offices are currently located at 53 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant WELDON E. THOMAS is an adult individual who resides at 6205 " Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania i7055. 3. On or about March 15, 1999, Defendant entered into a written fee agreement with Plaintiff for legal representation in connection with the dissolution of his marriage. A copy of said agreement is attached hereto as Exhibit "A" and incOl'porated herein by reference as though fully set forth. - ~ J' , ~~ . .';>;' "'-'''---' li1~~";",;'; 4. By April 24, 2000, the fee obligations of Defendant in the difficult, contested proceedings were $4,510. 5. By letter of May 4,2000, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth, Defendint acknowledged his fee obligations by agreeing in writing to pay the bulk of his fee obligations when he received his income tax return and the balance within six months. 6. Plaintiff believes and therefore avers that, in referring to his income tax "return", Defendant was actually referring to his income tax refund. 7. In consideration of Defendant's promise to make payment upon receipt of his income tax refund, Plaintiff deferred enforcement of the fee obligations of Defendant. 8. Plaintiff believes and therefore avers that Defendant received his income tax refund and that he paid nothing on account of his fee obligations when he received his income tax refund. 9. Plaintiff has repeatedly demanded payment of his counsel fees, but Defendant has WAYNEF.SHADE Attorney at Law refused to pay the same. 53 West Pomfret Street Carlisle, Pennsylvania 17013 .., WAYNEF.SHADE AttomeyatLaw 53 West Pomfret Street Carlisle, Pennsylvania 17013 . I"," ' '. _:,'~, .", u;-o 'l!"...~,"""",f'- WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,510 plus costs, any attorney fees permitted by law and interest~om April 24, 2000. Respectfully submitted, W!IN~e Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 , '-"'", -" '~- lia'~"'.' I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: September 25, 2000 @~~ Wayne . Shade ,,~~ ~ I I ~ J. ,~ .- ',-" .~., ~ - &i-i, ."l - - --- ----- - WAYNEF. SHADE AlTORNEY AT LAW S3 WEST POMFRET STREET CARLISLE, PEN"NSYLVANIA 17013 (717) 243-0220 (800) 243-0220 FAJ((717)249.oDI7 March 15, 1999 Mr. Weldon E. Thomas Giant Food Stores, Inc. 1621 Industrial Drive Carlisle, Pennsylvania 17013 Re: Thonlasv.Tholna~ Dear Weldon: Pennsylvania law requires that the fee arrangement between the attorney and the client be placed in writing. Therefore, this letter will confirm our discussion in this office on March 12, 1999, concerning our willingness torepresent you with regard to your domestic relations proceedings upon receipt of an executed copy of this letter and your check in the .amount of $2,500 as a retainer. . /'-; ~i, ,Because of the nature of such proceedings and the possible occurrence of unforeseen c011lplications, we are not in a position to quote you a final and specific fee f6r. our services. Because we have no control over the extent to which Linda will choose to attempt to contest the validity of the Premarital Agreement, to seek to obtain more than half of the marital property or to pursue temporary or permanent alimony, we cannot guarantee that your fees will not exceed the retainer. We will bill our fees against your retainer and will refund any unconsumed balance (lfthe retainer or bill for any excess over the retainer. It is further understood that, in the event of the placement of any marital assets into escrow, the escrow fund may not distributed without payment of our then outstanding fees, costs and expenses and that the fees, costs and expenses may be collected from any marital funds to which you become entitled at any time by compromise or litigation. Our tees will be billed at the rate of$150 per hour; and we will maintain time records which you may review at anytime. This hourly rate will prevail until January 2, 2000, after which it may be increased if it should become necessary for us to increase our fee schedule. It should be understood that we keep an itemized record of our conferences, -~ +~ I-~ -<Ok ,C-- i _ _~' .:2~i Wayne F. Shade, Esquire, to Mr. Weldon E. Thomas March 15, 1999 Page 2 telephone calls, document drafting, research, court time and travel time, if any. Our records of time expended are kept in fractions of hours with a,minimum of one-tenth hour for each activity. We do not impose extra charges for long distance telephone calls, photocopying and postage for ordinary first class mail. The preparation of certain documents such as pleadings lh"ldagreements may be billed upon a flat-rate basis rather than a time-expended basis. We ordinarily send bills only upon reaching significant points in your case as opposed to sending monthly bills. However, you may request an itemized bill at anytime. It should also be understood that any Court costs and other expenses incurred in connection with this matter will be reimbursable in addition to our fees for services rendered. We have r~viewed the Premarital Agreement which you delivered to this office over the weekend. In our opinion, it seems to be fully valid and enforceable. We also believe that it clearly excludes any increase in value of your ~401(k) account from marital property sot'J.at your wife would not have,any claim to the increase in value during.the . ffim-riage. While we could make some tenuous claims that it protects you against awards-" (jttemporaryand permanent alimony, we do not believe that the Agreement is sufficiently sp'ecific to precludekuch claims. Nevertheless, while we do have some concemover _ temporary alimony issues, we would think it would be most unlikely that the Court wpuld award any alimoIlY in this case after the conclusion of the divorce and resolution of aU". other economic issues. While our letter:> to Attoiney'Ai1des wHlillitially speak in wt!I1Sof equal dhisioll of the equity in the real estate, the Premarital Agreement does seem to leave open her right to claim more than half the equity in the real estate in equitable distribution. We will make every effort to keep you as well informed as to the progress of your case as possible. Ifwe are unavailable when you call, we will make every effort to return your call as quickly as possible. If this arrangement is in accordance with your lmderstanding, please acknowledge your agreement in the space provided below and retunl this letter to our office. You may retain the enclosed copy for your files. ;,; -" " Wayne F. Shade, Esquire, to Mr. Weldon E. Thomas March 15, 1999 Page 3 Should you have any questions in any respect, please do not hesitate to call. :-;0",'"'.,,,," , 'n.J...:",: -""-., :":"~;'~""";i~; We appreciate the opportunity of representing you in this matter of importance to you; and we assure you that we will pursue your case as diligently and expeditiously as possible. WFS/ct Enclosures '" j Acknowledged and agreed this . . !,. Very truly yours, p~~ Wayne F. Shade . /0 day of March, 1999. ~v~- Weldon E. Thomas .. . May 4, 2000 Wayne F. Shade . 53 West Pomfret Street Carlisle, Pennsylvania 17013 Dear Wayne, The purpose of this letter is to let you know that~1 have decided to find another lawyer to represent me. The simple fact is I do not have the funds to pay both the current bill and the additional $5,000 retainer you require before you will act in my behalf. My intention is to pay the bulk of my bill when I receive my income tax return in the next few weeks. The balance will be paid within 6 months. So that I can take timely action to continue my divorce proceedings, I request that you return to me any original documentSthat I provided to you and any original documentlinitiated by the court which concerns my divorce. I would also like to have a copy of any other document in my client file except any letter your office wrote to me. To keep expenses down I would qe willing to personally pick up the file and j takeitto Staples where it can be duplicated fdr $.07 per legal page. I pr()mise ..' to prompdy return the file within 2 hours. If this is not acceptable, I assume your office will make the requested copies a&this same rate. I would llke to pick these documents up on or before 10 Mayas I have appointments scheduled with other prospective lawyers. Your office can reach me at my office leave a message on my home telephone 732-2575. I wish your representation, for me could continue, but I can not afford further delay and the size of your retainer. Sincerely, Weldon Thomas , :--c'- . -~ ~ . ,~~ .- ";i;:;:;!; WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 WAYNE F. SHADE, Plaintiff v. WELDON E. THOMAS, Defendant TO: Curtis R. Long, Prothonotary ~ =- ~ -~ ",,_. - =---, ,-, '.- DJ! : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. 00-6756 CIVIL TERM PRAECIPE Please mark the docket in the above-captioned matter "settled and discontinued". Date: December 29,2000 ~~~- Wayne F. Shade -'--~ ~1~HM~~~~lI~i~~iWi.~""",.,,-~Ill..~r;;miliMiilii.@l'-' <_ .__~,~~,~"" ~_ .~v I~," _~_, ~_ '" ,_"'_~._~ . = " J <" -="1i1ililllil>" - I ,I (") (."J () e a <" c;) -or=-r fn1"::: t'q 2.T - , Z...' )'.) ("~ -<_c: v;; ~(:i ~-" .;,-. ec', ;;c) r;;? c z ~ =2 .=:> f'\) _U -~ ,