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Home My WebLink About01-0772 FX , '-,' '> ~"," . ,- "<;, >-,. ,;.>-,-~ '- -- <;,,,, SNELBAKER, BRENNEMAN & SPARE, P.C., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No: 01- 77~ <Z~l ~ CIVIL ACTION -LAW VB. HOWARD WAGENHEIM, 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 this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. Byj!J~ . Attorneys fi Plaintiff LAW OFFICES SNELBA}(ER. BRENNErwfAN & SPARE LAW OFFiCES SNELBAKJ::R, BRENNEMAN & SPARE . ,--~~,", ~- '",;.-"':' "', ~ ,_,u_,"._,_,_"_~,,_,,,' ;",C;r'~'. SNELBAKER, BRENNEMAN & SPARE, P.C., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No: OJ- ? 70b G.;,IT~ vs. CIVIL ACTION - LAW HOWARD WAGENHEIM, Defendant COMPLAINT AND NOW, comes the Plaintiff, Snelbaker, Brenneman & Spare, P.C. and avers the following cause of action: 1. Plaintiff, Snelbaker, Brenneman & Spare, P.C. is a professional corporation under the laws of the Commonwealth of Pennsylvania with an address of 44 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. Snelbaker, Brenneman & Spare, P.C. was operating under the name of Snelbaker & Brenneman, P,C. until in or about December, 1996. 2. Defendant Howard Wagenheim is an adult individual residing at 5452 Strathmore Drive, Mechanicsburg, Pennsylvania, 17055. 3. In or about October, 1995 Defendant engaged Snelbaker & Brenneman, P.C. at a rate of $95.00 per hour to represent his interests regarding enforcement of a non-complete clause in an employment contract. 4. Snelbaker & Brenneman, P.C. and Snelbaker, Brenneman & Spare, P.C. provided legal services to Defendant in the case of The Office Works, Inc. vs. Howard Wagenheim and Boise Cascade Office Products, Inc. docketed at No. 95- I; LAW OFFICES SNELBAKER, BRENNEMAN & SPARE .-----, - > -",V,___"",", '"';,:'-:' , .-,o-",',c._ 6599 in the Court of Common Pleas of Cumberland County, Pennsylvania and related matters from in or about October, 1995 through in or about February, 1997 (hereinafter "Equity Suit"). 5. Throughout the time period set forth in Paragraph 4 hereinabove, Plaintiff diligently devoted itself to representation of Defendant's interests, 6. Plaintiff successfully defended the Defendant in response to the aforementioned Equity Suit, which action was ultimately resolved by a settlement agreement among the parties to the Equity Suit dated September 18, 1997. 7, On or about February 18, 1997, Snelbaker, Brenneman & Spare, P,C. prepared an invoice, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, for 27.55 hours oflegal services rendered on Defendant's behalf at the previously agreed to rate of $95.00 per hour. The total amount due Plaintiff from Defendant as of February 18, 1997 was $2,956.30 which included costs advanced by Plaintiff. The invoice prepared February 18, 1997 was mailed to Defendant on that date. 8. Defendant is justly indebted to Plaintiff in the sum of $2,956.30 for the legal services and costs as set forth in Exhibit "A". 9. The charges for services provided to Defendant were fair, reasonable and customary and never objected to by Defendant. 10. Despite several demands for payment by Plaintiff to Defendant, ,2, LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE _" :';"';;"<'>~_'_ c;~ Defendant has refused and/or failed to pay the amount due and owing. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of $2,956.30 together with interest due and costs. SNELBAKER, BRENNEMAN & SPARE, P.C, By ~&,,' E,.uu. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697,8528 Date: February ~ ' 2001. -3- ~ ;;.,1'3" I:''''' \l./ - '.-' ~6 . '"-'0..-' '. ,I-,,;c " 1.).. , 1t13', I ~rr ~ I.?o ICY1 G'/;'O (:'(; lj ;::; I; ~/31/,.!1) '13e>luo 9 /\~()/~ " ., - ,-- '",~ . " SNELBAKER, BRENNEMAN & SPARE, P. C. h:P, Attorneys at Law P. o. Box 318 44 West Main street Mechanicsburg, PA 17055 (717) 697-8528 February 12, 1997 Howard Wagenheim 5452 Strathmore Drive Mechanicsburg, PA 17055 Re: 10/04/95 10/25/95 10/27/95 10/28/95 10/30/95 11/15/95 11/20/95 11/21/95 11/27/95 11/28/95 12/04/95 12/05/95 12/08/95 12/19/95 12/22/95 12/26/95 12/29/95 01/02/96 01/03/96 01/04/96 01/16/96 01/25/96 02/20/96 02/21/96 02/21/96 02/22/96 02/27/96 FOR PROFESSIONAL SERVICES RENDERED The Office Works/Reliable Office Products Telephone conference w/client Telephone conference w/client Meeting with client Preliminary research re: restrictive employment covenants Letter to Atty. Gunthorp Telephone conference w/Atty. Gunthorp Telephone conferences w/Matt Broad and Bill Van Hole; telephone conference w/client Telefax to Bill van Hole Telephone conference with client Prepare Request For Production of Documents; letters to Atty. cassidy and Randy wirth Letter to Atty. cassidy Meeting with client Letter to client Prepare Answer to Complaint with New Matter and Counterclaim; prepare Answer to Petition Meeting with client to review pleadings; letter to Atty. Gunthorp Telephone conference w/client Prepare for client's deposition; meeting with client Telephone conferences w/Atty. cassidy and client Attend deposition of Chris Rock, client and Jim Durkin Letter to Atty. cassidy Letter to client Letter to Atty. cassidy Telephone conference w/Atty. Cassidy Letter to Atty. Cassidy Telephone conferences w/Atty. Williams and client Telephone conference w/client Telephone conference w/client EXHIBIT A (Page 1 of 2) "~ Howard Wagenheim February 12, 1997 page Two 03/01/96 03/04/96 03/05/96 03/07/96 03/08/96 03/12/96 03/13/96 03/20/96 04/01/96 04/04/96 04/08/96 04/10/96 04/15/96 04/17/96 04/22/96 04/26/96 04/30/96 05/03/96 05/06/96 05/09/96 05/10/96 05/14/96 06/12/96 06/25/96 07/02/96 07/30/96 09/26/96 02/13/97 02/18/97 ^ --0 _~~, Telephone conference w/client Telephone conferences w/Attys. Williams andl Cassidy Telephone conference w/Atty. Cassidy Telephone conference w/client Telephone conference w/client Letter to Atty. Williams; telephone confere,nce with client Letter to client Telephone conference with client Telephone conferences with client Telephone conference w/Atty. Williams Letters to Atty. cassidy and client; telephone conference w/Atty. Williams Letter to client Telephone conference w/client Attend deposition of Sherry Shultz Telephone conference w/client Letter to client Letter to client Telephone conference w/client Telephone conference w/Atty. Cassidy Letter to client Letter to client Telephone conference w/Atty. Williams Telephone conferences w/Atty. Williams and client Letter to client Telephone conference w/client Letter to Atty. cassidy Letter to client Letter to client Letter to Atty. cassidy and Williams; prepcLre Praecipe to settle, discontinue and end Professional fee: 27.55 hours at $95.00 per hour: Costs advanced by Snelbaker & Brenneman, P. C.: 2/1/96 Central Pennsylvania Court Reporting - deposition transcripts for Rock, client and Durkin: $236..25 5/9/96 Central Pennsylvania Court Reporting - deposition transcript for Shultz: 97..80 2/18/97 Prothonotary - filing fee to settle case: 5.. 00 $2,617.25 Total costs advanced: 339.05 Total fees and costs: $2,956.30 Exhibit A (Page 2 of 2) LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ",rn/,,-,,- VERIFICATION 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, 9 4904 relating to unsworn falsification to authorities. ~N'" 'V Keith O. Brenneman, Esquire Date: February g , 2001 II , '- '-to.'. CASE NO: 2001-00772 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNELBAKER BRENNEMAN & SPARE PC VS WAGENHEIM HOWARD JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE WAGENHEIM HOWARD was served upon the DEFENDANT , at 1833:00 HOURS, on the 12th day of February, 2001 at 5452 STRATHMORE DRIVE MECHANICSBURG, PA 17055 JOSH WAGENHEIM, SON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 Sworn and Subscribed to before ~ me this .2IJ ~ day of l~j A.D. a /Jug!, " ~ r thonotary So Answers: .-,..,/ ~~ 1.-t:~(' R. Thomas Kline 02/13/2001 SNELBAKER BRENNEMAN & SPARE BY~z. D ~ eputy Sheriff