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Home My WebLink About07-6652IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. for 2007 H. KNIGHT, ESQUIRE, / 07-G.`S~ ~ic~~l~ ~~L Plaintiffs v. JOHN E. BILLET, 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 the Court your defenses and 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. for 2007 H. KNIGHT, ESQUIRE, 07 _ ~ `5~ Plaintiffs v. JOHN E. BILLET, Defendant COMPLAINT AND NOW, come the Plaintiffs, by their counsel of record, to file a Complaint in support of which the following statements are made: 1. PlaintiffKnight & Associates, P.C. is a Pennsylvania professional corporation located at 11 Roadway Drive, Suite B, Carlisle, Pennsylvania 17015. 2. Plaintiff Gregory H. Knight, Esquire, an attorney licensed by the Commonwealth of Pennsylvania, is the owner of and is employed by Plaintiff Knight & Associates, P.C. 3. Defendant John E. Billet is an adult individual currently residing at 3861 McGrath Drive, Dublin, Ohio 43016. 4. On or about February 2001, Defendant, then residing at 116 Willow View Drive, Carlisle, Pennsylvania 17013, filed a complaint with the Pennsylvania Utilities Commission (PUC). 5. The PUC complaint filed by the Defendant sought relief from toll charges incurred by his Carlisle business when Defendant called clients living in the Mechanicsburg and Harrisburg telephone exchange areas. 6. Shortly after Defendant filed his complaint, the PUC consolidated his complaint with complaints previously filed by other Carlisle residents who were seeking the same relief requested by the Defendant. 7. After public notice of his complaint was filed, other Carlisle residents filed complaints, which were also consolidated with and docketed at Jeb Billet, et al v. The United Telephone Company of Pennsylvania, No. C-00014854. ("Billet Complaint"). 8. The Billet complaint sought extended area service from the Carlisle telephone exchange to the Mechanicsburg and Harrisburg exchanges. 9. In early March 2001 the Defendant first spoke with Mr. Knight about possible legal representation. 10. In early June 2001 and after completing research, Mr. Knight agreed to represent the Defendant. 11. The terms under which the Defendants retained the Plaintiff were a reduced hourly rate of $125.00, periodic payments to be made as possible by the Defendant, and a final payment of the balance following the resolution of the Billet complaint. 12. From June 2001 until March 20, 2006, when the PUC issued a Final Order approving a Joint Petition for Settlement of Formal Complaints, the Plaintiffs spent more than one hundred fifty (150) hours representing the Defendant. 13 . Throughout Plaintiffs' representation of Defendant, Defendant paid $1,800.00 in legal fees. 14. When questioned as to his ability to pay the mounting legal fees, Defendant repeatedly assured Mr. Knight that he had received sufficient commitments from Carlisle residents and businesses to pay all of Defendant's legal fees. 15. Since the termination of the proceedings by the March 20, 2006 Final Order, Mr. Knight has frequently requested information from the Defendant as to the contribution commitments he said he had received from individuals and businesses. 16. Despite repeated requests, Defendant has not paid the balance of $14,887.50 for legal fees. 17. Since March 20, 2006, the Defendant has frequently promised to meet with Plaintiff to resolve the payment of legal fees but then has cancelled every meeting shortly before the meeting date. COUNT I -BREACH OF CONTRACT 18. Paragraphs 1 through 17 above are incorporated hereby by reference. 19. Defendant has breached the term of his agreement with Plaintiffs to pay, at the conclusion of the Billet complaint, the balance due for legal fees. WHEREFORE, Plaintiffs request judgment against Defendant in the full amount of $14,887.50, plus interest from each date on which legal services were rendered, and such other relief as the Court deems appropriate. COUNT II -QUANTUM MERUIT 20. Paragraphs 1 through 19 above are incorporated herein by reference. 21. Over a period of almost five years, Plaintiff devoted more than one hundred fifty (150) hours representing the Defendant, including public hearings, PUC hearings, negotiations, and the drafting of the Joint Petition that settled and accomplished the Defendant's desire that the local telephone company offer Carlisle residents and businesses a specific calling plan to make unlimited calls from the Carlisle exchange to the Mechanicsburg and Harrisburg exchanges. 22. Plaintiffs were successful in litigating Defendant's complaint and in negotiating an agreement signed by the Defendant and approved by the PUC on March 20, 2006. 23. Plaintiffs agreed to accept a reduced hourly rate of $125.00 and to defer payment until the conclusion of the litigation, subject only to Defendant's promise to make periodic payments. Total periodic payments by the Defendant over the entire period of representation totaled $1,800.00. WHEREFORE, Plaintiffs request judgment against Defendant in the full amount of $14,887.50, plus interest from each date on which legal services were rendered, and such other relief as the Court deems appropriate. Respectfully Submitted: KNIGHT & ASSOCIATES, P.C. -~. ~~ ~ ~ ~ Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. for 2007 H. KNIGHT, ESQUIRE, Plaintiffs v. JOHN E. BILLET, Defendant VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: ~ !~ ~~ ` ~~' Gregory .Knight, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNIGHT & ASSOCIATES, P.C., and GREGORY No. for 2007 H. KNIGHT, ESQUIRE, Plaintiffs v. JOHN E. BILLET, Defendant CERTIFICATE OF SERVICE AND NOW, this ~ day of ~V~~'~` ~ 2007, I, Gregory H. Knight, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Complaint by first class, United States Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: John E. Billet 3861 McGrath Drive Dublin, Ohio 43016 Defendant Respectfully Submitted: HT & ASSOCIATES, P.C. ~• Gregory . Kni t, Esquire Attorney LD. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiffs Cl r=~~ '7 .~. ~-~ T` ~~ _.. ~~ f~I ... ~T Q ~ ~ l J N 1, _'['a ~ . s _~ "~ ~~ { Awl