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HomeMy WebLinkAbout07-5535f COYNE & COYNE, P.C. Henry F. Coyne, Esq. Pa. Supreme Ct. No. 06250 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Attorneys for Plaintiff COYNE & COYNE, P.C., Plaintiff VS. GNANA CHINNIAH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. d7- M..JU CIVIL TERM 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 Notice is 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 Defendant. 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 240-6200 f COYNE & COYNE, P.C. Henry F. Coyne, Esq. Pa. Supreme Ct. No. 06250 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Attorneys for Plaintsff COYNE & COYNE, P.C., Plaintiff vs. GNANA CHINNIAH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. D 1 • S'S3S CIVIL TERM : CIVIL ACTION--LAW COMPLAINT AND NOW comes the Plaintiff, Coyne & Coyne, P.C., and files the within Complaint: 1. Plaintiff is Coyne & Coyne, P.C. a Professional Corporation, with offices located at 3901 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Gnana Chinniah an adult individual residing at 506 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about April 3, 2005, Defendant Gnana Chinniah, engaged the Plaintiff for legal services concerning a land dispute matter per the terms outlined and agreed to by the Defendant as per a written Fee Agreement. (See Exhibit "A"). 4. Plaintiff performed legal services for Defendant and submitted an invoice to Defendant for payment. 5. Repeated demands for payment in full have been made to Defendant; however, Defendant has refused to pay in full same. 6. As of September 18, 2007 Defendant owes Plaintiff $1,144.29 as balance due and owing under the written fee agreement with an interest rate of 1.5% per month, annually 18%. (See Exhibit "B") 2 I WHEREFORE, Plaintiff, Coyne & Coyne, P.C., respectfully requests Judgment for the Plaintiff and against the Defendant in the amount of $1,144.29, together with Court costs and Sheriff's costs and accruing interest from date of complaint filing at the rate of 1.5% per month, annually 18%. Respectfully submitted, COYNE & COYNE, P.C. ? 'I Dated: !8 -7 By: HENRY F. CO , ESQUIRE 3901 Market Stree Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 COYNE & CO YNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne $901 Market Street 717-787-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Fax: 7 - 7-5161 Austin F. Grogan 17011-4227 Gnana Chinniah 506 Erford Road Camp Hill, PA 17011 Dear Mr. Chinniah April 1, 2005 Re: C t miah vs. Lehman and Land dispute in Hampden Township we thank you for requesting this office to represent -concerning the litigation with 1vIr. Lehman and the land dispute is Hampden Township. As we discussed, we present this memo to you, which outlines our expectation for payment for professional services. Because -of-the nature of potential litigation, and,t ecause of1he poss1N4ty-of the. occ?areacs.of unpredictable and unforeseen circumstances, we are:nom 4 position to quo*you a.fmal and. specific fee for my professional scrvizes. < .Howevar.:we. indicated,,te you 1W., w,;. wouWcl ,represent yov. on an hourly basis: our fee for professional services is One Hundred and S eventy-five Dollars ($175.00) per hour, with fractions of hours. computed in periods of not less than 15 minutes, which takes into account interruption of other work Each such hour is based upon actual work regarding your case. We will provide periodic invoices for services rendered and payments on the invoices are due upon receipt. After thirty (30) days, if an mvolce -re 'mains unpaid, interest will be charged- on the outstanding monthly balance at the rate of One and a half Percent (1.5%), annually Eighteen Percent (18%). This office reserves the right to modify the hourly rate and the.rate of interest from time to time with advance notices to you should those changes be implemented. Any -out-of pocket expenses directly attnbutable to your case, including but not limited to postage, photocopies, toll calls, travel expenses, and stenographic services will be charged to you at cost in addition to the fee. Legal costs and expenses incurred are the obligation of and are to be paid by the client upon billing. we respectfully request the sure. -of--- Two- _ -Thousand Five--- Hwidred - Dollars- -- ($2,500.00) as a-retainer- fee, .Ms retainer will be charged against for work pw?rmed and out= of-pocket expenses incurred. This retainer will 'be credited tp your account for services rendered in connection with this case...p s workis.performcd.on.your l,i:eb,-a 4temized-invoices with-be provided. We . a the right to terminate .our attorney-client expect yo`u to keep cunt with billings =6-we--roe relationship for non-payment of fees or costs.. If this matter progr-esses and the initial retainer is depleted, you may required to deposit additional retainers. . EXHIBIT "A" J It is impossible to predict a course that civil litigation will take. We shall keep-you well informed as to the progress of this case. We will send you copies of all papers coaling in and going out of our offices, including correspondence, pleadings, and other court documents. We ask that once we are retained as counsel that you do not make changes or take what may seem like unimportant steps without consultation with me first. Do not hesitate to ask. questions. J If I am unavailable when you telephone, your call. will be returned with reasonable promptness. There will be times when I will be in court, or at meetings, or in° conference, which will preclude me from returning your call as quickly as we both might like, but I shall do my best to return your telephone calls as soon as I can. We are pleased to represent you-in this matter and assure you that we will pursue your. matter as diligently and expeditiously as possible. Please acknowledge receipt of this letter and your agreement to it by signing a copy and returning same in the enclosed envelope, postage prepaid. With best personal wishes. to you, we remain- very truly yours, COYNE & COYNE, P.C. Austin F. Grogan, Esq. Enclosure I, Gnana Chmniah,. have read and fully underst=6 the statements above, written. I acknowledge my agreement to the above by signing my signatures below. Dated; Cinaria Cliirmiah EXHIBIT "A" Page 2 l? LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Invoice submitted to: Mr. Gnana Chinniah 506 Erford Road Camp Hill PA 17011 September 18, 2007 In Reference To: Real Estate Matters Invoice #13811 Interest on overdue balance Total amount of this bill Previous balance Balance due EXHIBIT "B" Amount $6.88 $6.88 $1,137.41 $1,144.29 lJ 1 0 ,V t7 C T3 i' 7* 21 C? W N COYNE & COYNE, P.C., Plaintiff VS. GNANA CHINNIAH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-5535 CIVIL TERM CIVIL ACTION--LAW AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Douglas G. Miller, Esquire, attorney for the Defendant in the above-captioned action, hereby acknowledge that I have in fact received a copy of the Complaint in this matter this date and that I am authorized to accept service on behalf of the Defendant, Gnana Chinniah, pursuant to the Pennsylvania Rules of Civil Procedure. I verify that the statements made in this affidavit 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: S 01 0200 i AA Douglas . Miller, Esquire Irwin & McKnight Law Offices 60 W. Pomfret Street Carlisle, PA 17013 1 ii - ; i f°F y COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. GNANA CHINNIAH Defendant TO: Mr. Gnana Chinniah 506 Erford Road, Camp Hill Camp Hill, PA 17011 DATE OF NOTICE: October 26, 2007 NO. 07-5535 CIVIL TERM CIVIL ACTION--LAW Douglas G. Miller, Esquire Irwin & McKnight Law Offices 60 W. Pomfret Street Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral System Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 Date: October 26, 2007 & COYNE, P.C. ?901 Street I Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Plaintiff CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Ten Day Notice was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Mr. Gnana Chinniah 506 Erford Road, Camp Hill Camp Hill, PA 17011 Douglas G. Miller, Esquire Irwin & McKnight Law Offices 60 W. Pomfret Street Carlisle, PA 17013 Dated: 0 2r0 10 7 ?- Lis 7 arie Coyne x co COYNE & COYNE, P.C., Plaintiff, V. GNANA CHINNIAH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 5535, CIVIL TERM : CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN & McKNIGHT Douglas GdMiller, Esquire Supreme ourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Gnana Chinniah Date: November 5, 2007 COYNE & COYNE, P.C., Plaintiff, V. GNANA CHINNIAH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 5535, CIVIL TERM : CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW, this 5 h day of November, 2007, comes the Defendant, GNANA CHINNIAH, by and through his attorneys, Irwin & McKnight, and respectfully files this Answer with New Matter and Counterclaim to the Plaintiff's Complaint dated September 20, 2007, and in support thereof avers as follows: 1. The averments of fact contained in paragraph one (1) of the Plaintiff's Complaint are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The written agreement identified in paragraph three (3) of the Plaintiff's Complaint speaks for itself and therefore no response is required. To the extent that a response is required, any discrepancies between the written agreement and the allegations raised in Plaintiff's Complaint, including any claims that Defendant agreed to pay for additional services that were not completed by Plaintiff's representative, are specifically denied and strict proof thereof is demanded at trial. 4. The averments contained in paragraph four (4) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff submitted invoices to Defendant for work performed beyond the scope of the written agreement, which work was not completed by Plaintiffs representative, and for which Plaintiff had to pay substitute legal counsel. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, the averments, including any inference that Plaintiff is entitled to additional payment, are specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant Gnana Chinniah respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 7. The averments of fact contained in the Answers of Defendant Gnana Chinniah to the Plaintiff's Complaint are hereby incorporated by reference and are made part of this New Matter. 8. The written fee agreement ("Agreement") attached as Exhibit "A" to Plaintiffs Complaint was signed by Attorney Austin F. Grogan on behalf of the Plaintiff. 9. By its express terms, the scope of the Agreement was for Plaintiff s representation of Defendant concerning "litigation with Mr. Lehman and the land dispute in Hampden Township." 2 10. Per the Agreement, Defendant paid Plaintiff a retainer of Two Thousand Five Hundred Dollars ($2,500.00), for legal services with regard to the two (2) expressly stated matters. 11. The land dispute in Hampden Township referenced in the Agreement involved a landlocked property located between Locust Land and Valleybrook Drive in Hampden Township, which land was purchased by Defendant at a Cumberland County Upset Tax Sale. 12. During the course of Plaintiff's representation of Defendant on the agreed upon issues, Defendant requested that Attorney Grogan provide title insurance for the purchase by Plaintiff of property known and numbered as 493 State Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania 17025. 13. Attorney Grogan did not prepare a new written fee agreement or otherwise amend the Agreement attached to Plaintiff's Complaint as Exhibit "A." 14. Defendant engaged the services of Attorney Grogan for the title search and title insurance for the property located at 493 State Street, Enola, with the understanding that payment would be made at the time of settlement at standard title rates. 15. Defendant did not otherwise agree that his paid retainer of $2,500.00 would be used for matters other than those explicitly stated in the written Agreement. 16. Prior to the settlement of the property, Attorney Grogan unilaterally notified Defendant that because of a perceived conflict of interest, neither Attorney Grogan nor Plaintiff would be able to represent Defendant in the purchase of the property located at 493 State Street, Enola. 17. Defendant did not request that Attorney Grogan withdraw his representation with regard to the property located at 493 State Street, Enola. 18. Attorney Grogan subsequently notified Defendant in writing of his decision to withdraw legal representation regarding the property located at 493 State Street, Enola. A true 3 and correct copy of the letter dated June 16, 2005, from Attorney Grogan to Defendant is attached hereto and incorporated herein as Exhibit "A." 19. As a result of Attorney Grogan's decision to withdraw the representation of Defendant with regard to 493 State Street in Enola, the settlement date had to be postponed until Defendant could retain new counsel to perform a title search on the subject property. 20. Defendant attempted to confirm with Attorney Grogan that no fees would be charged with regard to any work performed regarding 493 State Street, because Plaintiff was unable to represent Defendant at the final settlement when payment is traditionally made, Defendant was forced to delay settlement, and Defendant had to hire and pay substitute legal counsel to perform the title search. 21. The next correspondence Defendant received from Plaintiff was a statement of professional services dated August 17, 2005. A true and correct copy of the statement dated August 17, 2005, is attached hereto and incorporated herein as Exhibit "B." 22. The majority of the time itemized and billed to Defendant on the statement attached as Exhibit "B" is for purported services with regard to the property at 493 State Street, Enola. 23. A large portion of these purported services involve travel time, research of documents at the Recorder of Deeds Office, and telephone calls with realtors, all of which services are ordinarily and customarily services performed by secretaries or paralegals. 24. Contrary to the explicit terms of the fee Agreement between the parties and the understanding of the parties at the time Plaintiff was requested to perform a title search, Plaintiff applied a large portion of the Defendant's retainer to the purported services involving 493 State Street, Enola. 25. Plaintiffs Complaint therefore fails to state claims or causes of action upon which relief can be granted against Defendant. 4 26. Plaintiff's claims may be barred and/or limited by the failure to mitigate or to properly mitigate damages. 27. Plaintiff's claims may also be barred by the defenses of estoppel, laches, payment, and/or waiver. WHEREFORE, Defendant Gnana Chinniah respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. COUNTERCLAIM 28. The averments of fact contained in the Answers and New Matter to the Complaint are hereby incorporated by reference and are made part of this Counterclaim. 29. Defendant never agreed to provide any advance payment to Attorney Grogan or Plaintiff for any services with regard to the property at 493 State Street, Enola. 30. To the contrary, payment was to be made at the time of settlement and transfer of title to the real estate to Defendant. 31. The written fee Agreement between Plaintiff and Defendant did not involve work or services performed with regard to the property at 493 State Street, Enola. 32. Plaintiff unilaterally withdrew its representation of Defendant regarding the property at 493 State Street, without being requested to do so by Defendant. 33. Plaintiff therefore wrongfully applied Defendant's retainer fees to purported services regarding the property at 493 State Street, Enola. 34. As a result of Plaintiffs unilateral decision to withdraw its representation of Defendant, the settlement date had to be postponed until Defendant could retain new counsel to perform a title search on the subject property. 5 35. As a result of the withdrawal by Plaintiff, Defendant was forced to pay new counsel to perform the title search for the property located at 493 State Street, Enola. 36. Defendant is therefore entitled to repayment of all of his retainer monies, or in the alternative a significant portion of said funds. WHEREFORE, Defendant Gnana Chinniah respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiff in this matter in an amount of $2,500.00 together with costs, interest, and such other and further relief as this Court deems honorable and just. Respectfully Submitted, IRWIN & McKNIGHT By: Do as G1. Miler, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Dated: November 5, 2007 6 VERIFICATION The foregoing document on behalf of the Defendant is based upon information which has been gathered by counsel for the Defendant in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendant's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendant according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ou s G. Miller, Esquire Date: November 5, 2007 `.v 11vz M %,.v 1 1-IjD, r A-. A PROF MONAL CORPORATIO14 ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan 3901 Market Street Camp Hill, Pennsylvania 17011-4227 (717) 737-0464 Facsimile (717) 737-5161 Gnana Chinniah 506 Erford Road Camp Hill, PA 17011 Dear Mr. Chinniah: June 16, 2005 Re: 493 State Street I met with Mr. Coyne on Thursday to discuss this firm's role in representing you in your potential dispute with East Pennsboro Township. After reviewing the document you received from the Codes Enforcement Officer, I have concluded that there is a potential for a conflict of interest. Therefore, this firm must decline to represent you in.this matter involving East Pennsboro Township. We may continue to represent you in matters with other m urucipalities or other legal disputes with your rental properties. Thank you for the opportunity to represent you in other matters- I look forward in a long term relationship with you and Coyne & Coyne, P.C. Sincerely yours, AFG/amd COYNE & COYNE, P.C. OX-14 ?-Jf Austin F. Grogan, Cc: All Commissioners Mr. Robert Gill, Mgr. Mr. 1.13.Owen . LAW O FiGES OF C&NE &?'WINE, 01. _v 3901 Market Street - C nip- Hill, PA 17011-4227 r invoice submitted to: i ° W. Chinnlah dnana 506 Erfond Road Camp Hill PA 17011 (juggiust 17, 2005 a Invoice # 12474 Piofessional Sarvu*s • HOLIS 3/3112006 MoetinrJ w/bIlwit; Review docwronts 4/7/2005 Review Paperwork received front client on 4/4/05 0.50 Af&2= D/P hlamo to client Re: Notice of Hearing 513105 0.25 4127/2405 D/P Memo to Client ft Hearing Date - Complaint' 025 5/2,2005 Review Goss Complaint a So 51312005 Prep for Hearing; Meeting w/cller t,; RIT Travct and Attend Hearing 2.50 5/5/200a DIP Agreement~ D/F Fax & Memo to Atty. Reid; releconL w/Atty. Reid 1.60 5116/2005 Review em2d•from tAient x.25 5/1W005 DIP email to client Re: Judgments from DJ Manlove + r 0.23 , 51311005 Telewnf. w/Atty. Reed; TetconL w/c!ieot Research [`.n? Languago; Talconf. 2.00 _ wlReal estate broker: DIP Fax Memo to We Canpany ' _ 5124/2005 !IT Travel to Cewrthouse; Research deed at Register of Deeds Office, 'Tetc?nl; 2.00 _ w/client; I91wrtf: w/Atty. Reid. - 5131/2005 Telet:onf• w/client tZe: Closin0 0,25 616./2005 Review Memo, dated 611105 from Atty_ Coates WAppeal; Client's emsii and l Me 2.00 work for new purchase, Mr. ChinNsh Gnana Page 2 Hours W712005 Teleconfs wlAtty. Reed; Title Company, Mortgage Company (2); Cflerit; R/T 2.00 Trwwl 4o Courthouse to obtain Deed 6110/2005 Telecoif.s. w/client (3) _ 0.75 6/1312005 Review Hud-1 - Coordinate w/upposing coon: of 8erwd 1.25 611612005 DIP Memo to client; DIP Memo to Atty. Coates 0.50 6!2112005 Review Merna, dated. 6/20100 from Atty. CcptP.s Re: Extension 0.25 6/27/2005 Teleconf. w/clibnt 0.25 7/112006 Review *mat from client Re; Judgments 025 8/' woos Review rnemo from Atty. Coates; D/P Memo to"client Re. Demand Rcjocted & 0.50 ? counteroffer Made Amount For professional serviced rendered 18.75 $3,261.25 Additkmai Charges : - P i Computer Research r ce 7,44 Total costs $744 Total amount of this bill $3288.69 402005 Payment - thank you. Check No. 1938 _ ($2,500.00) Total payments and adjustments (SZ?5U0.00) Schnee due Sg,Qg LNW OFFICES or. COYNE h COYNE, P.C. 3001 Market SbVe camp Hill, pA 17011-4227 invoice submittal ID" Mr_ anana Chinniah C HE PA 117011 S'Pambar 08.2007 in Refcronce 'i a: Rt W Eateto Matters j,,vaice #13770 Interest on o,,nko baian.P Total amount of this blil previous balarm Balance due OPUT DUE X1526 ;15.26 . S1,122-i5 $1,137.41,' CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Henry F. Coyne, Esquire Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 Date: November 5, 2007 IRWIN & McKNIGHT Douglas Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 to L COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. GNANA CHINNIAH, Defendant No. 2007-5535 CIVIL TERM CIVIL ACTION PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW comes Douglas G. Miller, Esquire, of the law firm of Irwin & McKnight, and respectfully petitions this Honorable Court for permission to withdraw as counsel for Defendant for the following reasons: 1. Douglas G. Miller, Esquire and the law firm of Irwin & McKnight were retained by Defendant, GNANACHANDRA M. CHINNIAH for the purpose of defending a claim by the Plaintiff, COYNE & COYNE, P.C., on or about September 6, 2007. 2. Following consultation with the Defendant, an Answer with New Matter was filed with the Prothonotary on his behalf. 3. Following the filing of the Answer and New Matter, correspondence was prepared on behalf of both Plaintiff and Defendant through their respective legal counsel. 4. The undersigned is unable to continue representation of the Defendant for the following reasons: a. There has been a serious failure of communication between legal counsel and the Defendant; b. Defendant by his conduct has rendered it unreasonably difficult for legal counsel to fulfill its representation by this failure of communication; and c. Defendant has disregarded an agreement with legal counsel as to the payment of fees and costs. 5. This matter has not been previously assigned to a Judge. 2 6. Attorney Henry Coyne on behalf of the Plaintiff was consulted prior to the filing of the instant Petition and does not oppose the request for withdrawal of the undersigned. WHEREFORE, it is respectfully requested that this Honorable Court grant the request of Douglas G. Miller, Esquire and the law firm of Irwin & McKnight as set forth in the above Petition for Leave to Withdraw as Counsel. Respectfully submitted, IRWIN & MCKNIGHT Dated: August 5, 2009 gl G. ' er, Esquire Supreme Court I.D. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 3 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Henry F. Coyne, Esquire Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 Gnanachandra Chinniah Suganthini Chinniah 506 Erford Road Camp Hill, PA 17011 Date: August 5, 2009 IRWIN & McKNIGHT r4 - A ..J 1. %-? -*4"r A V Ac?k Douglas er, Es ire Supreme ourt ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 tilt Tli?y OF THE Pr"" 2009 AUG -5 Fr°i 2: 4: r n: A6U COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : No. 2007-5535 CIVIL TERM CIVIL ACTION GNANA CHINNIAH, Defendant RULE AND NOW this day of .? v s 2009,upo consideration of the ? p-orl A amil t S Motion for Leave to Withdraw Appearance, a rule is hereby issued to show bause why the within request should not be granted. Rule returnable days after service. BY THE COURT: By Zou 'bu tion List: glas G. Miller, Esquire /Cmanachandra M. Chinniah, Defendant Lisa Marie Coyne, Esquire (For Plaintiff) COF COS g?Z?? _ I?l? ? t :\14, tt - i i r'S?'S nr k,;. L l.' f' i+R'?. f ,?P???r, `I 1. COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, . V. :No. 2007-5535 CIVIL TERM CIVIL ACTION GNANA CHINNIAH, Defendant MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW comes Douglas G. Miller, Esquire of the law firm of Irwin & McKnight, and respectfully moves this Court to make absolute the Rule to Show Cause which was issued in the above-captioned matter on August 7, 2009, and in support thereof aver as follows: 1. On or about August 5, 2009, attorney for Defendant, Douglas G. Miller, filed a Petition for Leave to Withdraw as Counsel with regard to the above-captioned matter. 2. On or about August 7, 2009, the Honorable J. Wesley Oler, Jr., entered an Order of Court issuing a Rule upon all parties to show cause why the requested relief should not be granted, returnable within 14 days of service. A true and correct copy of the Order is attached hereto and incorporated herein as Exhibit "A." 3. No responses have been filed by any party to this matter. WHEREFORE, Plaintiffs respectfully request that this Honorable Court issue an Order making their Rule Absolute and granting the request of Douglas G. Miller, Esquire and the law firm of Irwin & McKnight to withdraw as counsel for the Defendant. Respectfully Submitted, IRWIN & McKNIGHT By: Do as . Miller, E quire Supreme ourt ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: October 7, 2009 2 EXHIBIT "A" AUG 0 6 2009 67 COYNE & COYNE, P.C., v. Plaintiffs, GNANA CHINNIAH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-5535 CIVIL TERM CIVIL ACTION RULE AND NOW this -day of , 2009,upon consideration of the Motion for Leave to Withdraw Appearance, a rule is hereby issuedAto show cause why the within request should not be granted. Rule returnable days after service. Distribution List: Douglas G. Miller, Esquire Gnanachandra M. Chinniah, Defendant Lisa Marie Coyne, Esquire (For Plaintiff) BY THE COURT: ? D By 11 A J. (?C r- Y FROM ,??#, I two Lento set MY er???it'V1 4 cau,t carmw ?i'dtscw?r!? CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Henry F. Coyne, Esquire Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 Gnanachandra Chinniah Suganthini Chinniah 506 Erford Road Camp Hill, PA 17011 Date: October, 2009 IRWIN & McKNIGHT Dou s G. iller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 OF THE Fril 2009 OCT -9 PH 3: 17 OCT .I L 2009 COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : No. 2007-5535 CIVIL TERM CIVIL ACTION GNANA CHINNIAH, Defendant ORDER OF COURT 1 it AND NOW, this (1' day of 2009, upon consideration of Defendant's Motion to Make Rule to Show Cause Absolute, it is hereby ORDERED AND DECREED that the Rule issued August 7, 2009, is hereby made absolute and the Petition for Leave to Withdraw as Counsel filed by Douglas G. Miller, Esquire of Irwin & McKnight is granted. BY THE COURT, i' We Honorable J. t , Jr. OF THc«U; 2009 OCT 15 PE; 5: t 8 ^tir-y „ 14, s?D4 - 66> F t£S / ztl oi?-c X J7 , ?YA-C A4? 'D. r),, l cart,,,