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GEORGE W. EICKHOFF, JR.,
Plaintiff
V.
RONALD D. BUTLER, P.C,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- ?1S9t? 01Ec4-t 4`/
CIVIL ACTION -EQUITY
ACTION FOR DECLARATORY JUDGMENT
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 an 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
GEORGE W. EICKHOFF, JR.,
Plaintiff
V.
RONALD D. BUTLER, P.C.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-
CIVIL ACTION -EQUITY
ACTION FOR DECLARATORY JUDGMENT
COMPLAINT SEEKING DECLARATORY JUDGMENT
AS TO RIGHTS UNDER CONTINGENT FEE AGREEMENT
AND NOW, comes the plaintiff, George W. Eickhoff, Jr., by and through his
attorney, Michael A. Scherer, Esquire, and respectfully represents as follows:
The plaintiff is George W. Eickhoff, Jr., (hereinafter "Eickhoff") an adult
individual who resides at 115 April Drive, Camp Hill, Cumberland County,
Pennsylvania.
2. The defendant, Ronald D. Butler, P. C., (hereinafter "Butler"), is a
professional corporation, organized to practice law, and incorporated under the laws of
the Commonwealth of Pennsylvania, with a principal place of business located at 500
North Third Street, Twelfth Floor, Harrisburg, Dauphin County, Pennsylvania.
3. This action is brought pursuant to the Declaratory Judgments Act, 42
Pa.C.S.A. section 7531 et.seq.
4. Eickhoff was seriously injured in an automobile/motorcycle accident on
August 31, 1998 in Hampden Township, Cumberland County, Pennsylvania.
5. Eickhoff signed a contingent fee agreement with Butler on September 2,
1998, providing that Butler was engaged to provide legal services to Eickhoff relative to
instituting suit or settling claims or actions on behalf of Eickhoff for his injuries and
damages against those at fault for the August 31, 1998 accident. The contingent fee
agreement is attached hereto and marked as "Exhibit A."
6. On May 13, 1999, Eickhoff terminated Butler's representation following a
telephone call between Eickhoff and Butler.
7. Although Butler performed certain services for Eickhoff, Butler did not
negotiate a settlement with any person or entity prior to his discharge by Eickhoff.
8. On June 3, 1999, Butler advised Michael Scherer, Esquire, that he
intended to assert a lien for legal fees in the amount of 1/3 of the policy limits of a
policy of insurance issued by Progressive Insurance Company (hereinafter
"Progressive") to David L. Johnson, the driver of the vehicle involved in the August 31,
1998 accident.
9. By letter to Michael A. Scherer, Esquire, dated July 23, 1999, Progressive
offered to settle this matter on behalf of David L. Johnson for policy limits of one
hundred thousand ($100,000.00) dollars.
10. Butler and Eickhoff have agreed to allow the settlement with Progressive
to occur, whereby Eickhoff will receive sixty-six thousand three hundred thirty-five
dollars and fifty-four cents ($66,335.54), and the disputed attorney's fees of thirty-three
thousand three hundred thirty-three dollars and thirty-three cents ($33,333.33) dollars
will be escrowed until both parties agree to a distribution of the funds or a Court directs
such distribution.
11. Eickhoff contends that Butler is not entitled to the fee Butler asserts as
being due and owing for Butler's services.
WHEREFORE, Eickhoff respectfully requests that this Honorable Court enter a
decree declaring and adjudicating the respective rights and duties of the parties
pursuant to the contingent fee agreement dated September 2, 1998, and direct the
distribution of the funds totaling $33,333.33 which will be escrowed when the
settlement is effected.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Mic ael A. Scherer, Esquire
I. D. # 61974
17 West South Street
Carlisle, PA 17013
(717) 249-6873
GEORGE W. EICKHOFF, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-
RONALD D. BUTLER, P.C. CIVIL ACTION - EQUITY
Defendant
ACTION FOR DECLARATORY JUDGMENT
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. § 4904, relating to unsworn falsification to authorities.
Date: 7 28 ??« (; ' ` ; /^
George W. Ei k 6ff, Jr.
CONTINGENT FEE AGRNSMBNT
THIS AGREEMENT made this 0?44/ day of /1J 19 9J,
between RONALD D. BUTLER, P.C., as attorney, and -CeM6e (.J e/Ckjft«j,t
as client.
1. Client retains attorney to institute a suit and/or settle claims
L
or actions as may be deemed advisable by attorney in order.to recover damages
from ?p?N J0f or any
other persons, firms or corporations deemed liable by attorney as a result of
31
personal injuries and/or economic loos sustained by client thye? S7"d3y
of , 19 /6 , at
2. In consideration of the services rendered and to be rendered, it
is agreed that,attorney shall, in the event of settlement prior to commence-
ment of tiial, deduct and retain thirty-three and one-third (33 1/3t) percent
from the gross settlement as its fee. If the claim is paid after the
commencemeAt-of trial (trial being defined as commencing when the Court calls
the case for hearing), attorney shall deduct and retain forty (40t) percent
from the gross settlement as its fee.
3. Attorney is authorized to pay from the clients share of the
gross settlement all' investigation expenses, medical and hospital expenses,
.I I
repair bills, subrogation claims, witness fees, court costs, trial expenses
and all other necessary expenses incurred in connection with the investigation
"EXHIBIT A"
and prosecution of client's claim. This Agreement does not contemplate any
appeal to any Appellate court, and legal fees for representation in any such
appeal will be determined by separate agreement between attorney and client.
9. Client agrees that the employment of attorney in these
proceedings will not be terminated without prior payment of its.fees and costs
advanced.
s. Attorney shall have the right to enlist the aid of associates or
substitute counsel to aid or assist in any respect in the investigation and
- 1
prosecution of client'¢ claim, but at no additional cost to client.
6. Should no money be received by suit or settlement, attorney
shall have no claim for legal fees for professional services rendered.
7. Client agrees not to settle or adjust the above claim, or any
proceeding based thereon, without the written consent of attorney.
a. Client acknowledges receipt f a duplicate original of this
Agreement.
RONALD D. BUTLER, P/ ?-"'?
By;
GEORGE W. EICKHOFF, JR.,
Plaintiff
V.
RONALD D. BUTLER, P.C.,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4590 Equity
CIVIL ACTION -EQUITY
ACTION FOR DECLARATORY JUDGMENT
PRAECIPE
Please enter my appearance on behalf of the Defendant Ronald D. Butler, P.C. in the
above captioned action.
Date: GC.'SI?
Respectfully submitted,
ADLER & CLARAVAL
C
By
ROBERT CLARAVAL, ESQUI
125 Locust Street
P.O. Box 11933
Harrisburg, PA 17108-1933
(717) 233-4780
Supreme Court ID# 19222
Attorneys for Defendant
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GEORGE W. EICKHOFF, JR.,
Plaintiff
V.
RONALD D. BUTLER, P.C,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4590 EQUITY
CIVIL ACTION -EQUITY
ACTION FOR DECLARATORY JUDGMENT
ACCEPTANCE OF SERVICE
I, Robert F. Claraval, Esquire, attorney for Ronald D. Butler, Esquire, hereby
accept service of the Complaint filed in this matter on July 29, 1999 on behalf of the
defendant, Ronald D. Butler, P.C. and I certify that I am authorized to do so.
Date:
Robert-15 Claraval, Esquire
Adler Ad Claraval
125 Locust Street
Harrisburg, Pennsylvania 17101
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GEORGE W. EICKHOFF, JR.,
PLAINTIFF
V.
RONALD D. BUTLER, P.C.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4590 EQUITY
ORDER OF COURT
AND NOW, this 1\0 day of August, 1999, IT IS ORDERED that a
hearing shall be conducted on the within motion in Courtroom Number 2, Cumberland
County Courthouse, Carlisle, Pennsylvania at 11:00 a.m., Thursday, September 2,
1999.
:saa
By the Court,
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OF nFlL-ED-gFIC'E
99 AUG 17 AM 11: 57
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GEORGE W. EICKHOFF, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4590
RONALD D. BUTLER, P.C, CIVIL ACTION -EQUITY
Defendant
ACTION FOR DECLARATORY JUDGMENT
ORDER OF COURT
AND NOW, this _ day of
1999, upon consideration of the
within Motion For Coordination Of Actions Pursuant To PA.R.C.P. 213.1, the action
pending in Dauphin County docketed to 99-3161 S 1999 is hereby stayed pending
further Order of Court.
BY THE COURT,
J.
GEORGE W. EICKHOFF, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4590
RONALD D. BUTLER, P.C, CIVIL ACTION -EQUITY
Defendant
ACTION FOR DECLARATORY JUDGMENT
NOTICE TO PLEAD
TO: Ronald D. Butler, P.C.
C/o Robert F. Claraval, Esquire
Adler and Claraval
125 Locust Street
Harrisburg, Pennsylvania 17101
You are hereby notified that you have twenty (20) days in which to plead to the
enclosed Motion For Coordination Of Actions Pursuant To PA.R.C.P. 213.1 or a Default
Judgment may be entered against you.
Date: 8• /O • q5
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer, Esquire
I. D. # 61974
17 West South Street
Carlisle, PA 17013
(717) 249-6873
GEORGE W. EICKHOFF, JR.,
Plaintiff
V.
RONALD D. BUTLER, P.C,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4590
CIVIL ACTION - EQUITY
ACTION FOR DECLARATORY JUDGMENT
MOTION FOR COORDINATION OF ACTIONS
PURSUANT TO Pa.R.C.P. 213.1
AND NOW, comes the Plaintiff, George W. Eickhoff, Jr., by and through his
attorney, Michael A. Scherer, Esquire, and respectfully represents as follows:
1. The above-captioned action was commenced by the plaintiff, George W.
Eickhoff, Jr. (hereinafter "Eickhoff'), through undersigned counsel, on Thursday, July
29, 1999 in the Court of Common Pleas of Cumberland County.
2. The above-captioned action is a declaratory judgment action, filed
pursuant to 42 Pa.C.S.A. Section 7531 et.seq., which action was commenced to obtain
a ruling from the Court to instruct the parties on their respective rights regarding a
contingent fee agreement signed by the parties on September 2, 1998.
3. The defendant, Ronald D. Butler, P.C. (hereinafter "Butler"), is a
corporation engaged in the practice of law, and is based in Harrisburg, Pennsylvania.
4. Eickhoff was seriously injured in a traffic accident on August 31, 1998, in
Hampden Township, Cumberland County, Pennsylvania.
5. Eickhoff signed a contingent fee agreement from his hospital bed in
Harrisburg Hospital on September 2, 1998, retaining the services of Butler to assist in
recovering damages from those responsible to pay damages for the injuries Eickhoff
sustained in the accident.
6. On May 13, 1999, Eickhoff terminated the services of Butler pursuant to
the contingent fee agreement.
Progressive Insurance Company (hereinafter "Progressive") issued a
policy of liability insurance to David L. Johnson (hereinafter "Johnson"), the driver who
was at fault for the accident.
8. Prior to a settlement being reached with Progressive, Butler asserted a
charging lien against the insurance coverage issued by Progressive.
9. On July 13, 1999, undersigned counsel was contacted by Robert F.
Claraval, Esquire, (hereinafter "Claraval") who had been retained by Butler relative to
the charging lien Butler asserted against the Progressive insurance coverage.
10. On July 13, 1999, undersigned counsel discussed the resolution of this
matter with Claraval. Claraval suggested the parties agree to binding arbitration, which
undersigned counsel indicated he would discuss with Eickhoff and respond to Claraval.
11. During the July 13, 1999 conversation, undersigned counsel suggested
that the disputed portion of the eventual settlement proceeds be escrowed at the
Orrstown Bank in Carlisle, Pennsylvania, because it is adjacent to the Cumberland
County Courthouse and it would be convenient for the parties to go there after a Court
Order was entered in this case if this matter was litigated in Court.
12. On July 29, 1999, undersigned counsel spoke with Claraval, and advised
him that Eickhoff would not agree to binding arbitration. Undersigned counsel asked
Claraval if he would accept service of a declaratory judgment action to be commenced
by Eickhoff and against Butler. Claraval indicated he would discuss accepting service
of the declaratory judgment matter with Butler, although Claraval expressed no opinion
regarding where the declaratory judgment action should be commenced.
13. Undersigned counsel filed the above-captioned declaratory judgment
action on July 29, 1999, in Cumberland County, Pennsylvania, as he had previously
intimated to Claraval.
14. On July 30, 1999, apparently not knowing that undersigned counsel had
already filed the above-captioned action in Cumberland County, Claraval filed a
Complaint in Dauphin County docketed to 3161 S 1999, naming Butler as Plaintiff and
Eickhoff as Defendant, stating causes of action in Breach of Contract and Quantum
Meruit in connection with the September 2, 1998 contingent fee agreement. Claraval
faxed undersigned counsel a copy of the Complaint on July 30, 1999, which
undersigned counsel received on Monday, August 2, 1999. A copy of that action is
attached hereto and marked as "Exhibit A."
15. Pennsylvania Rule of Civil Procedure 213.1 provides for coordination of
actions which are pending in different counties which involve common questions of law
or fact or which arise from the same transaction or occurrence.
16. Rule 213.1 allows a party to file a motion requesting the court in which a
complaint was first filed to order coordination of the actions, which includes the power
to stay an action in a different county.
17. Coordination of the above-captioned matter to the matter docketed to
3161 S 1999 in Dauphin County should occur in Cumberland County because:
a. The questions of law and fact in each case are identical;
b. The convenience of the parties and counsel suggest that the
matter should be heard in Cumberland County, because the accident which gave rise
to the September 2, 1998 fee agreement happened in Hampden Township,
Cumberland County, Johnson lives in Cumberland County, Eickhoff lives in
Cumberland County, Progressive's office is located in Cumberland County and
undersigned counsel's office is in Cumberland County. The only connection this matter
has to Dauphin County is that is where the contingent fee agreement was signed,
however, the subject of the contingent fee agreement is an accident that occurred in
Cumberland County. Butler and Claraval also have offices in Dauphin County,
however, each of them practice in Cumberland County;
C. Coordination will result in this matter being heard quickly and no
delay or unreasonable expense will result from coordination;
d. Coordination will promote the efficient utilization of judicial facilities
and personnel and the just and efficient conduct of the actions;
e. Coordination will prevent duplicative and inconsistent rulings,
orders and judgments; and,
Coordination will promote the likelihood of settlement of the actions
without further litigation.
18. No responsive pleadings have been filed to either complaint pending in
Cumberland or Dauphin Counties.
WHEREFORE, Eickhoff respectfully requests that this Honorable Court enter an
Order:
a. Directing that the action pending in Dauphin County docketed to 3161 S
1999 be stayed pending further Order of Court;
b. That the action pending in Dauphin County docketed to 3161 S 1999 be
coordinated with the above-captioned action;
C. That the action pending in Dauphin County docketed to 3161 S 1999 be
transferred to Cumberland County and that both actions be heard and adjudicated
simultaneously in Cumberland County at the above-captioned docket; and,
d. That Butler pay any costs associated with coordination.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire
I. D. # 61974
17 West South Street
Carlisle, PA 17013
(717) 249-6873
mas,dirlgen.lit/eic kcc rd.mot
GEORGE W. EICKHOFF, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4590
RONALD D. BUTLER, P.C. CIVIL ACTION -LAW
Defendant
ACTION FOR DECLARATORY JUDGMENT
VERIFICATION
I verify that the statements made in the foregoing Motion For Coordination Of
Actions Pursuant To PA.R.C.P. 213.1 are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Date: Nj6 C/ -
l
RONALD D. BUTLER, P,C., t/d/b/a
BUTLER LAW FIRM,
Plaintiff
V.
GEORGE W. EICKHOFF, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
DAUPHIN COUNTY, PENNSYLVANIA
NO. 3141 S 1999
CIVIL ACTION - LAW
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 ajudgment 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.
Dauphin County Lawyer Referral
Service
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
"EXHIBIT A"
NOTICIA
Le han demandado a usted an la torte. Si usted guiere defenderse de estas demandas
expuestas en ]as paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe prescntar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una Orden
contra usted sin previo aviso o notificacion y por cualquier gueja o alivio gue es pedido en la
petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. Sl NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OpICINA CUYA DIRECCION SE
ENCUNENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Dauphin County Lawyer Referral
Service
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
RONALD D. BUTLER, P.C., t/d/b/a : IN THE COURT OF COMMON PLEAS OF
BUTLER LAW FIRM, : DAUPHIN COUNTY, PENNSYLVANIA
Plaintiff
NO.3161 S 1999
V.
CIVIL ACTION - LAW
GEORGE W. EICKHOFF, JR.,
Defendant
1. The Plaintiff Ronald D. Butler, P.C., t/d/b/a the Butler Law Firm is a
Pennsylvania professional corporation with a place of business at 500 North 3rd Street, ITh Floor,
Harrisburg, Dauphin County, Pennsylvania, 17101.
2. The Defendant George W. Eickhoff, Jr. is an adult individual with a home
address of 115 April Drive, Camp Hill, PA 17011.
3. The Defendant George W. Eickhoff was injured in a motor vehicle accident
which occurred on August 31, 1998.
4. Mr. Eickhoff was hospitalized as a result of the accident in the Harrisburg
Hospital in Harrisburg, Dauphin County, Pennsylvania.
5. Mr. Eickhoff, through his family, requested that the But!er Law Firm meet
with Mr. Eickhoff in the Harrisburg Hospital for the purpose of discussing representation of Mr.
Eickhoff.
6. A meeting occurred at the Harrisburg Hospital on September 2, 1998 at
which time Mr. Eickhoff hired the Butler Law Firm to represent him in connection with the
August 31, 1998 motor vehicle crash.
7. The Defendant Eickhoff signed a contingency fee agreement dated that day
retaining the Butler Law Firm. A copy is attached as Appendix A.
8. The Butler Law Firm fulfilled its obligations to Mr. Eickhoff in that it
investigated the motor vehicle crash, obtained medical records regarding Mr. Eickhoff's injuries,
opened lines of communication with the applicable insurance carrier, conferred with Mr. Eickhoff,
attended District Justice Hearings, and negotiated the claim with the adjustor.
9. In May 1999 the Butler Law Firm had obtained sufficient evidence to
convince the insurance adjustor for the Progressive Automobile Insurance Company, who was the
carrier for the other driver, David L. Johnson, to pay the policy limits of Mr. Johnson's motor
vehicle coverage. That policy limit was $100,000.
10. Before the actual issuance of the check and release by Progressive, Mr.
Eickhoff terminated the Butler Law Finn by various actions beginning on May 13, 1999. On May
17, 1999 an attorney allegedly representing Mr. Eickhoff, Michael A. Scherer, Esq., faxed a letter
to the Butler Law Firm advising that in fact the Butler Law Firm had been terminated.
11. Upon information and belief, little if any remaining legal work had to be
done on the claim to obtain the $100,000 settlement from Progressive and therefore the
termination of the agreement by Defendant Eickhoff was unreasonable and simply an attempt to
avoid paying the earned fee to the Butler Law Firm.
COUNT I
Breach of Contract
12. Paragraphs 1-11 are incorporated herein by reference thereto.
13. The Butler Law Firm, having performed a substantial amount of the legal
work necessary to secure a settlement of $100,000 for Mr. Eickhoff, is entitled under the terms
of its contract to a payment of 1/3 of that amount plus costs.
14. The Butler Law Firm was prevented from performing the remaining work
by the unilateral acts of the Defendant Eickhoff.
15. 1/3 of the $100,000 policy limit is $33,333.33. In addition, the Butler Law
Finn has spent $330.80 in costs.
WHEREFORE, Judgment is demanded against George W. Eickhoff, Jr. in the
amount of $33,664.13 together with interest and costs of suit.
COUNT III
Quantum Meruit
16. Paragraphs 1-15 are incorporated herein by reference thereto.
17. The Butler Law Firm is entitled to be compensated for the value of its
services in doing the necessary legal work prerequisite to the auto carrier, Progressive, agreeing
to pay the policy limits of $100,000.
18. The Defendant Eickhoff has acted with unclean hands in terminating the
Butler Law Firm simply for the purpose of avoiding the payment of a fee.
19. The Butler Law Firm has taken all of the steps necessary to secure the
payment of the policy limits by Progressive Insurance Company with the exception of reviewing
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-1
the proposed release. Therefore, the quantum meruit value of the Butler Law Firm's services is
equal to 1/3 of the $100,000, plus costs, or $33,664.13.
WHEREFORE, the Butler Law Firm demands judgement for quantum meruit in
the amount of $33,664.13 plus interests and costs of suit.
Date: HL 30, MZ
Respectfully submitted,
ADLER & CLARAVAL
B
ROBERT .CLARAVAL
125 Locust Street
P.O. Box 11933
Harrisburg, PA 17108-1933
(717) 233-4780
Supreme Court I.D. #19222
Attorneys for Plaintiff
Vh&MCATION
The language of the foregoing document is that of counsel and not necessarily my
own; however, I have read the foregoing document and to the extent that it is based upon
information that I have given to counsel, it is true and correct to the best of my knowledge,
intbrmation, and belief; to the extent that the content of the foregoing document is that of counsel,
I have relied upon counsel in making this verification.
I understand that an), false statements herein are made subject to the penalties of 18
Pa C.S.A. §4904, relating to unsworn falsification to authorities.
RONALD D. BUTLER, ESQ., President
Butler Law Firm
010 d 0!9!6<. !I( 13! iv:M I I ? H1 1V
i( (ililJ) oo,bi If:i'
CONTINGENT FEE AGREEMENT
THIS AGREEMENT made this ? day of S'0725'60z, l9__9 ,
between RONALD D. BUTLER, P.C., as attorney, and 6eclee C1J0?7C&/to,0C-?J,L
as client.
1. Client retains attorney to institute a suit and/or settle claims
or actions as may be deemed advisable by attorney in order to recover damages
from _ 0? N JBP
or any
other persons, firms or corporations deemed liable by attorney as a result of
personal injuries and/or economic loss sustained by client the 3 S?'ay
of _ A,&,-T- 199C, at ?+ 1\ S0C K_
2. In consideration of the services rendered and to be rendered, it
is agreed that attorney shall, in the event of settlement prior to commence-
ment of trial, deduct and retain thirty-three and one-third (33 1/3%) percent
from the gross settlement as its fee. If the claim is paid after the
commencement of trial (trial being defined as commencing when the Court calls
the case for hearing), attorney shall deduct and retain forty (40) percent
from the gross settlement as its fee.
3. Attorney is authorized to pay from the client's share of the
gross settlement all investigation expenses, medical and hospital expenses,
repair bills, subrogation, claims, witness fees, court costs, trial expenses
and all other necessary expenses incurred in connection with the investigation
and prosecution of client's claim. This Agreement does not contemplate any
appeal to any Appellate Court, and legal fees for representation in any such
appeal will be determined by separate agreement between attorney and client.
4. Client agrees that the employment of attorney in these
proceedings will not be terminated without prior payment of its fees and costs
advanced.
5. Attorney shall have the right to enlist the aid of associates or
substitute counsel to aid or assist in any respect in the investigation and
prosecution of client's claim, but at no additional cost to client.
6. Should no money be received by suit or settlement, attorney
shall have no claim for legal fees for professional services rendered.
7. Client agrees not to settle or adjust the above claim, or any
proceeding based thereon, without the written consent of attorney.
8. Client acknowledges receipt Af a duplicate original of this
Agreement.
RONALD D. BUTLER, P.C.
By: A49Z&KK=-
Adler & Claraval
ATTORNEYS AT LAW
P.O. BOX 11933
125 LOCUST STREET
HARRISBURG, PA 17108-1933
LOUIS 1. ADLER
ROBERT F. CLARAVAL
WILLIAM L. ADLER
CRAIG I. ADLER
TELEPHONE
(717) 2334780
FAX (717) 234-1670
KOHN AND ADLER
(1943.1960)
The Honorable Edgar B. Bayley
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
August 25, 1999
Re: Eickhoff v Butler, No. 99-4590 Equity
Dear Judge Bayley:
KOHN, ADLER & ADLER
(1960-1981)
I am pleased to report that Mike Scherer and I have agreed on a stipulated order resolving
the issues raised in his Motion for Coordination of Action Pursuant to Pa.R.C.P. 213.1. The original
of the order is enclosed for your review. Certainly if there are any changes kindly advise and I will
make them. I believe there is now no reason for a hearing on the matter.
ROBERT F.CLARAVAL
RFC:diw
Enclosure
cc: Ronald Butler, Esq.
Michael Scherer, Esq.
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GEORGE W. EICKHOFF, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 99-4590
CIVIL ACTION -EQUITY
RONALD D. BUTLER, P.C.
Defendant ACTION FOR DECLARATORY JUDGMENT
DEFENDANT'S ANSWER WITH NEW MATTER TO
MOTION FOR COORDINATION OF ACTIONS
FILED PURSUANT TO PA R C P 213.1
Admitted.
2. It is admitted that the action filed by Mr. Eickhoff in Cumberland County is
styled as a declaratory judgment action. It is denied that a declaratory judgment action is appropriate
based upon the underlying facts.
3. Admitted.
4. Admitted.
5. Admitted. By further answer, Mr. Eickhoff's family requested that Mr. Butler
go to the Harrisburg Hospital on September 2, 1998 to discuss the possible representation of Mr.
Eickhoff by Mr. Butler's firm.
6. It is admitted that Mr. Eickhoff terminated the services of the Butler Law Firm
through a series of actions. The actual date of termination is disputed.
7. Admitted.
8. Denied. Mr. Butler has asserted a claim against the settlement only to the
extent of the attorney fees owed and not as to the principal portion of the settlement which will pass
to Mr. Eickhoff. By way of further answer, Mr. Eickhoff has received almost two-thirds of the
amount available from the Progressive policy.
9. Admitted.
10. Denied. Settlement discussions held between counsel for Mr. Eickhoff and
counsel for Mr. Butler are inappropriate and do not belong in this petition.
11. Denied. Settlement discussions held between counsel for Mr. Eickhoff and
counsel for Mr. Butler are inappropriate and do not belong in this petition.
12. Denied. Settlement discussions held between counsel for Mr. Eickhoff and
counsel for Mr. Butler are inappropriate and do not belong in this petition.
13. Admitted.
14. Admitted with a caveat. Counsel for Mr. Butler, Attorney Claraval, faxed the
Complaint as filed in the Court of Common Pleas of Dauphin County to Mr. Scherer on July 30,
1999. That Complaint was received in Mr. Scherer's office on July 30, 1999. Whether Mr. Scherer
did not actually review the Complaint until Monday, August 2, 1999 is unknown.
15. Admitted.
16. Admitted.
IT Denied. The subject matter of the instant litigation is the contingency fee
agreement executed between Eickhoff and Butler on September 2, 1998. It is admitted by Eickhoff
that the execution of that agreement occurred in Harrisburg, Dauphin County. The underlying motor
vehicle accident occurred in Hampton Township, Cumberland County and has no relevance to the
issue of the correct forum for the Court to determine the rights and duties of the parties under an
agreement entered into in Dauphin County. It is agreed that coordination of the action is appropriate
and that coordination should occur by the matter being heard by the Dauphin County Court.
18. Admitted.
WHEREFORE, it is respectfully submitted that the appropriate forum for this matter
is Dauphin County and that the case should be transferred by the Cumberland County Court to the
Dauphin County Court.
Date: A w( . a Y,999
Respectfully submitted;
ADLER & CLARAVAL
B
Robert F. Claraval, Esq.
125 Locust Street
P.O.Box 11933
Harrisburg, PA 17108-1933
(717) 233-4780
Attorney I.D. #19222
Attorney for Plaintiffs
AUG. -24'99(TUE) 12 91 BUTLER LAW FIRM TEL 711 236 7777 P 002
AUG. •23'99(MON) 19:19 AOLER & CLARAVAL TEL:717 234i670 P 007
Y1':RMLCAMO-N
Tile langudge of the 1'uregoing document is that of counsel mid not :1cccssjujjy illy
own; however, I have rend tltc foregoing document and to die extent that it is based upon ntformalion
that I have given to counsel, it is trua and carrect to the best of my knowledge, Inlortnation, and
belief; to the extent that the content ol'the foregoing document is that of cowtsel, 1 have relied upon
counsel in making this verification.
1 understand that any false statements herein are made sabject to the penalties or 18
Pa.C.S.A. §4904, relating to un9worn falsification to authorities
Ronald U. Butler, Esq,
GEORGE W. EICKHOFF, JR.,
Plaintiff
V.
RONALD D. BUTLER, P.C.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-4590
CIVIL ACTION - EQUITY
ACTION FOR DECLARATORY JUDGMENT
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of the attached Defendant's
Answer With New Matter To Motion for Coordination of Actions Filed Pursuant to Pa.R.C.P 213.1
by first class mail, postage prepaid, addressed to the following persons:
Michael A. Scherer, Esq.
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
ADLER(R & CLAR,,AVAnnL
Date: By
DENISE I. WILLIAMS, Secretary
For Robert F. Claraval
GEORGE W. EICKHOFF, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 99-4590
CIVIL ACTION -EQUITY
RONALD D. BUTLER, P.C.
Defendant ACTION FOR DECLARATORY JUDGMENT
ORDER
AND NOW this _2`?o day of '1999:
1. Pursuant to Pennsylvania Rule of Civil Procedure 213.1, the action pending in
Dauphin County docketed to No. 3161 S 1999 is STAYED pending further Order of this Court.
2. The Defendant Ronald D. Butler, P.C. shall respond to the Complaint filed by George
W. Eickhoff, Jr. which is an action for declaratory judgment within 20 days of the date of this Order.
3. The matter docketed at 99-4590 shall be litigated in Cumberland County unless this
Court determines that venue properly lies in Dauphin County.
BY THE COURT
BAYLEY, Judge
CLFo-1??Ll?` -1•
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GEORGE W. EICKHOFF, JR.,
Plaintiff
V.
RONALD D. BUTLER, P.C,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4590
CIVIL ACTION -EQUITY
ACTION FOR DECLARATORY JUDGMENT
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer, Esquire
?0 21 I. D. # 61974
Date: " 17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff,
George W. Eickhoff, Jr.
CERTIFICATE OF SERVICE
I hereby certify that on October A IP , 1999, I, Jennifer S. Lindsay, secretary to
Michael A. Scherer, Esquire, did serve the Praecipe To Discontinue, by first class U.S.
mail, postage prepaid, to the party listed below, as follows:
Robert F. Claraval, Esquire
Adler and Claraval
125 Locust Street
Harrisburg, Pennsylvania 17101
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