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HomeMy WebLinkAbout99-05656+?s Q b a r PATRICK F. LAUER, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. 99- 5ln 5ln C. ?'pt cr DANNY LEE EDWARDS, CIVIL TERM 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 Complaint and Notice are served, by entering a written appearance 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 One Courthouse Square Carlisle, PA 17013 (717) 240-6200 PATRICK F. LAUER, JR., Pla.intiff , vs. DANNY LEE EDWARDS, , Defendant , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99- 51fl5C, CIVIL TERM COMPLAINT IN ACTION FOR BREACH OF CONTRACT AND NOW, comes the Plaintiff, Patrick F. Lauer, Jr., Esquire representing himself and respectfully avers the following: 1. The Plaintiff, Patrick F. Lauer, Jr., is an adult individual, who currently conducts business at his primary place of business which is 2108 Market Street, Cumberland County, Camp Hill, PA 17011. 2. The Defendant, Danny Lee Edwards, is an adult individual whose last known address is 72 North Middleton Road, Carlisle, Cumberland County, PA 17013. 3. On October 16, 1996, the Defendant requested Plaintiff's Law Office represent him, and provide professional legal services. 4. Defendant received a fee schedule on October 17, 1996 which explained fees required for a conciliation meeting, custody trial, property resolution, and additional time expended. See Exhibit "A". 5. The Plaintiff provided legal services at the Defendant's request and performed the following services: A. The Plaintiff drafted and filed Defendant's Answers to Plaintiff's Interrogatories and Defendant's Interrogatories on November 13, 1996. B. The Plaintiff appeared on behalf of Defendant at a Master's Hearing on May 20, 1997. C. The Plaintiff prepared and filed Defendant's Pre- Trial Statement on November 25, 1997. 6. On December 11, 1996, the Defendant was sent a letter advising him of exhausted escrow amounts and requesting additional retainer fees. See Exhibit "B". 7. The Defendant was sent a letter on July 1, 1997 informing him of the outstanding and over-due balance for legal services in the amount of $1,535.00 in regard to his case. See Exhibit "C". 8. A verbal agreement was reached whereby Defendant agreed to make monthly payments during the last quarter of 1997 and increase the payments beginning in 1998. See Exhibit "D". 9. The Plaintiff was again informed on January 5, 1998 regarding his outstanding balance and breach of the verbal agreement reached in 1997. See Exhibit "D". 10. On January 5, 1998, the Plaintiff was given an additional opportunity to make payment arrangements. See Exhibit "D". 11. Plaintiff contacted Defendant by letter again on April 30, 1998 requesting Defendant pay his balance or make payment arrangements. See Exhibit "E". 12. Defendant has refused to compensate Plaintiff even though verbal payment arrangements were agreed to by Defendant. 13. Plaintiff provided Defendant services from October 16, 1996 until April 1998. 14. The total outstanding balance remaining owed to the Plaintiff from the Defendant for Professional Attorney services rendered is $960.00. WHEREFORE, the Plaintiff requests Your Honorable Court to award compensatory damages in the amount of $960.00, plus costs, and reasonable attorney fees to Plaintiff, with any other relief which the Court may deem appropriate. Date: lL Respectfully Submitted: atrick F. Lauer, Jr., quire 2108 Market Street Camp Hill, PA 17011 (717) 763-1800 Supreme Ct. ID# 46430 If Patrick F. Lauer, Jr., state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above COMPLAINT are true and correct to the best of my knowledge, information and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa C.S. 4904. Pa r k F. L ue , Jr., Esquire A DATED: PATRICK F. LAUER, JR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Vs. 99- DANNY LEE EDWARDS CIVIL TERM DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Danny Lee Edwards 72 North Middleton Road Carlisle, PA 17013D Patrick F. Lauer, J ., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 G? ID# 46430 Telephone (717) 763-1800 Date: Exhibit A THE LAW OFFICES OF PATRICK F. LAUER, JR. 2108 MARKET STREET, AZTEC BUILDING 8 S. Hanover Street CAMP HELL, PENNSYLVANIA 17011 CarlWe, PA 17018 (717) 7084800 FAX (717) 7884247 (717) 249-Ml 1.800.8224•LAW 982 N. Second Street Hwrbbmg PA 17102 (717) 282-7747 Amoaete Counsel Matthew J. Fahemom Eeq. (Reps' to Camp E011 Address) October 16, 1996 Danny Lee Edwards 72 North Middleton Rd. Carlisle, PA 17013 Dear Mr. Edwards: 48 S. Duke Street Yark, PA 17401 (717) 8184798 416 N.Wqh Street Dumwoon, PA 17020 (717) 894-1645 I am pleased that you have asked our firm to represent you in your pending legal matter. The Rules of Professional Conduct adopted by the Pennsylvania Supreme Court require that our fees be communicated to you in writing within a reasonable time after commencing our representation. This letter will therefore confirm our discussion of fees at our initial consultation. I would like to confirm that you have provided my office with an initial retainer in the amount of $1500.00. The retainer will be credited to your account for services that we have performed and will perform in the future. I would like to confirm that I quoted you a fee of $400.00 for the Conciliation Meeting, a fee of $1500.00 for the custody trial, and a fee of $750.00 to $2,000.00 for the property resolution. Once this balance is exhausted, you will be billed regularly for additional time expended. The firm will charge for time expended at the rate of $125.00 per hour. My fee to you will be based primarily upon the amount of time, work and effort which I invest in your case. I will keep track of the things I do including research, attending meetings, answering your telephone calls or the calls of opposing attorneys, traveling to hearings and meetings, and preparing letters and other documents. I will keep records as to the work done on your case and on your behalf by the attorneys and paralegals in my office. Fractions of hours are computed in periods of not less than one-tenth (.1) of an hour, with a minimum of two-tenths (.2) of an hour for most tasks. This primarily applies to telephone conversations and the review and preparation of correspondence. If some of the work on your matter can be done by a paralegal or a law clerk, whose hourly rates are $65.00 per hour, your fee for these services will be lower. r ti 4:.71) I1 Danny Edwards Page Two October 16, 1996 You will not be billed for standard services performed by secretaries. As is the case with most businesses, we reserve the right to adjust this rate schedule as we face rising costs and overhead. You will be billed on a regular basis for the work done up to the date of the bill, and your payment is due within thirty (30) days. You may also receive interim statements for costs as they are billed to or incurred by us, and such interim statements are due on receipt. I have agreed to represent you in this matter and to apply my best efforts to obtain a result which is satisfactory to you. Because each case is unique and because the outcome depends on so many variables, I cannot guarantee any particular result. As I represent you, I will take reasonable steps to keep you informed of the progress of your case. When necessary, I shall send you copies of papers coming in and going out of my office. While I will make every effort to return your telephone calls in a timely fashion, occasionally my schedule will prevent this. There will be times when I will be in court, in meetings, or otherwise unavailable to answer your call. At such times, please feel confident to talk to my secretary or legal assistant. If you are passing on information, my secretary can deliver it to me without the necessity of you waiting to have me return your call. If I am unavailable when you telephone, your call will be returned as promptly as possible. My experience has shown me, by the way, that personal meetings rather than telephone calls usually provide a more effective method of addressing the problems in your case or any questions you may have. My firm consists of three attorneys and each of us generally engage in the same type of work. Occasionally, because of unavoidable scheduling conflicts, it may be necessary for another attorney in this office to represent you in some aspect of your case. You can be assured, however, that the attorney who represents you at any stage in the proceeding will take the time to be familiar with your case and will be competent to represent you properly. We expect you as our client to fully cooperate with us and to disclose to us all the facts and information which may be material to your case. We cannot represent you effectively without such cooperation. We also expect you to keep us fully informed as to any changes in your circumstances which may affect your case. Danny Edwards Page Three October 16, 1996 Please let us know, for instance, whenever your address or telephone number changes. We also expect our fees and the costs of your case to be paid in a timely fashion. We will bill you on a monthly basis, provided services were rendered during that month. Of course, we expect you to keep current with our billings. If you cannot pay the entire balance, kindly remit at least a portion of the total due. Unfortunately, in some cases, we must reserve the right to terminate our representation of you if said balances are not paid or proper arrangements for payment are not made. We further reserve the right to report such debts to a collection agency and/or bring suit against you in court to recover these balances. Should you request photocopies of the documents at the conclusion of your case in addition to those documents which have been previously provided to you, you will be responsible for all photocopying costs. Furthermore, the contents of the file shall remain with the law office until any outstanding balance is paid in full. I encourage you to discuss with me immediately any questions you may have about the nature or quality of the representation we provide you. Misunderstandings can be costly, and I wish to avoid them whenever possible. If you have any questions or concerns, please do not hesitate to contact me. I remain at your service. MJE/dew V e t y ours , Mat hew J. Eshelman, Esq. 1 Exhibit 8 THE LAW OFFICES OF PATmaK F. LAuz% JR. 2109 MARKET STREET, AE'IBC BUILDING 8 a 11800M Sheet CAMP HH.L, PENNSYLVANIA 17021 CsrW PA 17019 (717) 798.1800 PAX (717) 798-4247 (717) 2194971 14800.827-4-LAW 982 N. Sowed Street Hwbbmz PA 17102 (717) 287-7147 Amodste Camed Matthew L Eebebms, Esq. Jam k H. W%bek Esq. ate* to Camp HM Addmn) December 11, 1996 Danny Edwards 72 North Middleton Road Carlisle, PA 17013 Dear Dan: 49 S. Duke Street Yak, PA 17401 (717) 801790 415 N. High Street D:mmonm, PA 17070 (717) 88!-1816 This letter is to advise you that your escrow account with my office is virtually exhausted. At this time, I am requesting that you forward an additional retainer in the amount of $750.00, so that additional work may be completed on your case. In the meantime, if you have any questions or concerns, please do not hesitate to contact me. Very truly yours, Matthew J. ihelman, Ee . ?? MJE/sam Exhibit C THE LAW OFFICES OF PATRICK F. LAURR, JR. 2108 ?lMM STREET, AZTEC WELDING 8 S. Emorer 8treef. CAW HII,14 PENNSYLVANIA 17011 48 S, Duke Stsaet CwWe, PA 17018 (717) 70&1800 FAR (717) 7884247 York PA 17401 (717) 240-M 1400422d-LAW , (717) 801799 982 N. 8soaod Street Aamdate Counsel MaUhm J. Fehahow Esq. 415 N. H)8h Street HwrWxag PA 17102 Jem=6 R Wig6 ik Eeq. Ihmammo, PA 17000 (717) 282.7747 (Re* to Camp HiR Addram) (717) 884-1016 July 1, 1997 Danny Edwards 72 North Middletown Road Carlisle, PA 17013 Dear Mr. Edwards: This letter is to advise you that your outstanding balance in the amount of $1,535.00 with my office is certainly high. At this time, I am requesting that my associate cease all work until further payment is made. In the meantime, if you have any questions or concerns, please do not hesitate to contact me. Very truly yours, AA&?'?e ? Patrick F. Lauer, J , Esq. PFL/sam >s Exhiblt D THE LAW OFFICES OF PATRICK F. LAUER. JB. 210811ABHET STREET, AZTEC BUILDING 8 S. Hmww Street C"&; PA 17018 CAMP HH.L, PENNSYLVANIA 17011 48 S. Duke Street (717) 248-W71 (717) 768.1900 FAX (717) 7884247 York, PA 17401 14Q0a12+I Aw (717) 8484780 882 N. Seawd Street HerrWxng PA 17102 Awwdate Cotwoel Matthew J. Eehalnm Esq. J 415 N. High Street (717) 282-7747 esw A R. WW)ek Esq. (Re* to Camp HIE Address) Dwwanuoa, PA 1702D (717) 884.4846 January 5, 1998 Danny Edwards 72 North Middleton Road Carlisle, PA 17013 Dear Danny: Our records indicate that you have an outstanding balance with our office in the amount of $1,510.00. When we last spoke regarding repayment of this outstanding balance, you indicated that you would send a relatively small amount each month during the last quarter of 1997 and then pay off the balance in substantially larger installments beginning with the new year. Why we did receive some payments in the Fall of 1997, they were not regular payments. Despite this, I took what steps were necessary to ensure that you were not held in contempt of court for failing to sign the affidavits necessary to finalize the divorce. In doing so, I expended considerable time at no additional charge to you to the exclusion of the other clients at what is for me a very busy time of year. In return, I ask that you take the time to write out a brief proposal as to how you intend to make payments towards the outstanding balance. Please send it along with a check of at least ' some of amount toward the outstanding balance, so that I may at least try to convince Pat not to file suit in order to collect the balance. Sincerely yours, lttew?,T. Eshelman, Esq. MJE/sam Exhibit E I THE LAW OFFICER OF PATWC6 F. LAUEE, JB. 2108 MABSET 9n=T, AZTEC B[IHAING CAMP HM4 PENNSYLVANIA 17011 (717) 78&1800 FAX (717) 78&4247 1.800472-4-LAW 882 N. Second Street Harrhb:ag, PA 171M (717) 282-7747 Amooste Conrad Matthew J. Eehetmes, Esq. Jem A B. Wi beh, Esq. (Ee* to Camp HM Address) 8 & Hanover Street CsSBK PA 17018 (717) 2498871 April 30, 1998 Danny Edwards 72 North Middletown Road Carlisle, PA 17013 Dear Danny: We had been awaiting your income tax return or at least a sizable payment towards your outstanding balance. At a minimum, I expected that you would continue to send the $50.00 which you had been paying. Please give me a call to discuss payment arrangements from here. Very truly yours, Matthew J. Eshelman, Esq. MJE/tls cc: file evIcII Q 6 n 7 7 a . `O d N m ? r w G ? v S ? ad a a I a . : SHERIFF'S RETURN - REGULAR CASE NO: 1999-05656 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUER PATRICK F JR vs. EDWARDS DANNY LEE BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT IN ACTION was served upon EDWARDS DANNY LEE the defendant, at 18:15 HOURS, on the 23rd day of September 1999 at 72 NORTH MIDDLETON ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to DANNY LEE EDWARDS a true and attested copy of the COMPLAINT IN ACTION together with NOTICE/BREACH OF CONTRACT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Affidavit .00i'` ? Surcharge 8.00 R- mas in S eri $2-9.i0-PATRICK F. LAUER, JR. 09/24/1999 ^ by eru y i Sworn and subscribed to before me 7 this 2y t?-- day of 19 c/ A. D. roznonocary PATRICK F. LAUER, JR., Plaintiff vs. DANNY LEE EDWARDS, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5656 CIVIL TERM PRAECIPE TO DISMISS Please mark the above-captioned case as settled and dismissed with prejudice. Date: 4* Respectfully submitted, Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 L r co ` cf ; jf G: Cs m C1 .i i)