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HomeMy WebLinkAbout04-0301IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. PERKINS Plaintiff CIVIL ACTION - LAW vs. NO. 04 -?ol CIVIL JAMES BAIRD, JR. Defendant COMPLAINT NOW COMES THE PLAINTIFF, David P. Perkins, and in support of his claim states the following: o Plaintiff is David P. Perkins, an adult individual residing at 4 James Cimle, Borough of Shippensburg, Cumberland County, Pennsylvania 17257-2165. Defendant is James Baird Jr., an adult individual residing at Lot # 21, Shippensburg Mobile Estates, Shippensburg Township, Cumberland County, Pennsylvania 17257. Plaintiff is an attorney duly qualified and licensed to practice law in the Commonwealth of Pennsylvania. Plaintiff's principal place of business is located at 4 James Circle, Borough of Shippensburg, Cumberland County, Pennsylvania 17257-2165. Plaintiff and Defendant have had a continuing attorney/client relationship since approximately 1996. On or about September 26, 2003 Defendant contacted Plaintiff and told Plaintiff that Defendant was in need of legal services and requested a consultation with Plaintiff. At Defendant's request Plaintiff scheduled an appointment with Defendant for October 1, 2003 at Plaintiff's principal place of business. At the time of the consultation on October 1, 2003 Defendant informed the Plaintiff that Defendant desired to terminate the authority of his then-current power of attorney Kathryn J. Hershey. ]0. 12. ]5. ]6. ]8. Plaintiff and Defendant discussed the ramifications of termination of the existing power of attorney relationship with Kathryn J. Hershey and Defendant informed Plaintiff that he was adamant that he wanted to immediately revoke the power of attorney granted to Kathryn J. Hershey. At Defendant's request Plaintiff prepared a revocation of power of attorney document. Defendant was billed and paid for the office consultation and revocation of power of attorney document on October 1, 2003. At the time of the office consultation regarding revocation of power of attorney on October 1, 2003, Defendant agreed to Plaintiff's recommendation of the need for preparation of new power of attorney documents. Other than a neighbor acquaintance named Frank Southerly, Defendant could not think of anyone to appoint as his power of attorney at that time. Plaintiff and defendant discussed past problems defendant had had with appointments of neighbors and acquaintances to act as his power of attorney, including allegations of fraud, theft, and wrong doing Plaintiff advised Defendant that perhaps the choice of Mr. Southerly as power of attorney was unwise due to the short period of time which Defendant had known Mr. Southerly, the lack of Mr. Southerly's knowledge of Defendant's business affairs, and the lack of any particular qualifications on the part of Mr. Southerly to act as Defendant's power of attorney. Defendant then requested that Plaintiff serve as power of attorney due to the lack of any other qualified and trusted individuals available to him at the time. Plaintiff agreed to serve as Defendant's power of attorney under a number of conditions including continuing involvement of bank personnel in the balancing of Defendant's checkbook as well as permitting Plaintiff to establish automatic debit payment arrangements for all of Defendant's recurring bills such as utilities. Defendant also requested that Plaintiff prepare a new Last Will and Testament for the Defendant which the Plaintiff agreed to do. Plaintiff prepared the power of attorney as requested by Defendant and scheduled an appointment for the week of October 6. 2003 for the Defendant to sign and notarize the documents. The appointment was then rescheduled to later during the week of October 6, 2003 due to scheduling conflict. Plaintiff contacted Defendant to reschedule the appointment and Plaintiff informed Defendant that he had made arrangements to have witnesses and notary available to go to defendant's residence to execute the documents. 20. Plaintiff was told by Defendant that Defendant was not able to reschedule at that time indicating that he had a doctor's appointment. Plaintiff assured the Defendant at that time that both the will and power of attorney would be ready for Defendant's signature at their next meeting. Plaintiff again attempted to contact the Defendant on a number of occasions in order to reschedule the appointment, but without success. 22. Plaintiff contacted the Defendant in writing on October 13, 2003 to inform him that the documents were still awaiting his signature. (See exhibit "A" attached hereto and incorporated herein by reference) 23. Plaintiff has made repeated demands for payment since October 20, 2003 and Defendant has refused and continues to refuse to pay the same. (See exhibit "B" attached hereto and incorporated herein by reference) The services for which Plaintiff seeks payment were performed at the specific request of the Defendant and the charges therefore are customary and reasonable. Wherefore, Plaintiff requests that this Court find judgment in favor of Plaintiff and against Defendant in the amount of three hundred eighty-five dollars ($ 385~00) together with interest thereon at the legal rate from October 20, 2003, costs, and such other and further relief as this Court shall deem proper. Dated: January 23, 2004 DAVID P. PERKINS, ESQUIRE Attorney ID #34342 David P. Perkins, Esquire Attorney at Law 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 658-6531 DAVID P. PERKINS ATTORNEY AT LAW 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 532-6629 E mail: davidperkins ~ comcast, net October 13, 2003 Mr. James Baird, Jr. Lot #21 Shipponsburg Mobile Estates Shippensburg, PA 17257 Dear James, Your revised Will and Power of Attorney are ready and waiting for your signature. I have been telephoning your home at 532-7070 on a daily basis ever since you canceled the appointment which was scheduled for last week. All I get is "no answer." I hope that all is well with you. Please telephone me at 532-6629 so that I may again make arrangements for witnesses and a notary public. I can then reschedule your appointment. Sincerely, David P. Perkins, Esquire DAVID P. PERKINS ATTORNEY AT LAW 4 James Circle Shippensbur~ PA 17257-2165 Telephone: (717) 532-6629 October 20, 2003 Mr. James Baird, Jr. Lot Shippensburg Mobile Estates Shippensburg, PA 17257 For Professional Services rendered: $ 75.00 Correspondence with Kathryn Hershey. Telephone call and correspondence with Barbara A. Hoover, F&M Trust Shippensburg. Telephone call and fax transmission from Neil Funeral Home. Telephone call F&M Trust trust department involving ~ hoiir professional time $150.00 Preparation of Last Will and Testament. $150.00 Preparation of Power of Attorney /lmount Due COPY PLEASE MAKE CHECK PAYABLE TO: DAVID P. PERKINS DAVID P. PERKINS ATTORNEY AT LAW 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 532-6629 COPy November 1, 2003 Mr. James Baird, Jr. Lot #21 Shippensburg Mobile Estates Shippensburg, PA 17257 For Professional Services rendered: $3 75.00 Balance Due asper statement dated October 20, 2003 THIS AMOUNT OVERDUE PLEASE MAKE CHECK PAYABLE TO: DAVID P. PERKINS DAVID P. PERKINS ATTORNEY AT LAW 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 532-6629 December 1, 2003 Mr. James Baird, Jr, Lot #21 Shippensburg Mobile Estates Shippensburg, PA 17257 For Professional Services rendered: $375.00 10.00 $385.00 Balance Due as per statement dated November 1, 2003 Billin~ fee NOTICE THIS AMOUNT OVERDUE ~ ,qot paid ~n full before December 3I, ,..uuo suit be filed in Cumberland Cour~ty Court to co,tec, th~s delinquent accoum PLEASE MAKE CHECK PAYABLE TO: DAVID P. PERKINS 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. Dated: January 23, 2004 David P. Perkins, Plaintiff SHERIFF'S RETURN CASE NO: 2004-00301 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PERKINS DAVID P VS BAIRD JAMES JR - REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BAIRD JAMES JR DEPENDANT at Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 1041:00 HOURS, on the 28th day of January , 2004 at SHIPPENSBURG MOBILE ESTATES SHIPPENSBURG, PA 17257 PRANK SOUTHERLY, a true and attested copy of COMPLAINT & NOTICE LOT 21 by handing to POWER OF ATTORNEY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this ,~ day of So Answers: R. Thomas Kline 0DA1/V~Dg/2pOE~INS -~ Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. PERKINS, : Plaintiff : _. V. : JAMES BAIRD, JR., : Defendant : CIVIL ACTION - LAW NO. 04-301 CIVIL NOTICE TO PLEAD To: David P. Perkins, Plaintiff You are hereby notified to plead to the attached New Matter within twemy (20) days from service hereof or a default judgment may be entered against you. WEIGLE & ASSOCIATES, P.C. e, Esquire I.D. No. 01624 126 East King Street Shippensburg, PA 17257 (717) 532-7388 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. PERKINS, Plaintiff V. JAMES BAIRD, JR., Defendant CIVIL ACTION - LAW NO. 04-301 CIVIL ANSWER TO COMPLAINT AND NEW MATTER ANSWER TO COMPLAINT AND NOW COMES the Defendant, James Baird, Jr., through his counsel, Jerry A. Weigle, Esquire, who answers the Complaint filed as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Plaintiff has represented the Defendant prior to October 1, 2003. By way of further answer, the contact was sporadic and the attomey-client relationship ended with correspondence directed to the Plaintiff by Defendant's counsel dated October 10, 2003, and from the Defendant himself to the Plaintiff dated October 16, 2003, copies of which are attached hereto, made a part hereof, and marked Defendant's Exhibits 1 and 2 respectively. Denied as stated. On or about September 26, 2003, the Defendant contacted the Plaintiff specifically for the purpose of changing the Defendant's general, durable Power of Attorney. By way of further answer, Defendant had specific intentions as to the changes in the document he wished to make. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. It is admitted that Plaintiff billed Defendant $150.00 for a one-sentence Revocation of Power of Attorney and meeting with the Plaintiff. By way of further answer, Defendant paid the bill believing that amount was all he owed the Plaintiff for services rendered. Copies of the Revocation of Power of Attorney and billing statement marked "paid" are attached hereto, made a part hereof, and marked Defendant's Exhibits 3 and 4 respectively. 12. Denied as stated. Defendant did not need any recommendation from the Plaintiff as to the need for the preparation of a new Power of Attorney. 13. Denied as stated. Defendant specifically requested that a specific person be named as his Power of Attorney. By way of further answer, the Plaintiff spent the better part of an hour pressuring the Defendant to name the Plaintiff as his Power of Attorney and requesting that he sign blank pages to be completed at a later date. 14. Denied as stated. Defendant incorporates by reference his answer to paragraph 13 of the Complaint. 15. Denied. The Plaintiff pressured the Defendant into consenting to the Plaintiff acting as his Power of Attorney. By way of further answer, Defendant at all times relevant to this proceeding had a specific person in mind other than the Plaintiff to act as his power of attorney. 16. Denied. Defendant was pressured into agreeing to permit Plaintiff to serve as his Power of Attorney. Defendant does not remember "conditions" as set forth in the Complaint and strict proof thereof is demanded if at all relevant to this proceeding. 17. Denied. Defendant indicated to the Plaintiff that he would consider possible changes to his Last Will and Testament at a later date. 18. Admitted in part and denied in part. It is admitted that a scheduling conflict occurred. Defendant is not aware that a power of attorney document was ever prepared by the Plaintiff and therefore denies the allegations. By way of further answer, the Defendant at no time specifically requested that the Plaintiff be named as Defendant's attorney-in-fact. 19. Admitted in part and denied in part. Although Defendant may have been contacted about a rescheduled appointment, he has no recollection about arrangements being made to have witnesses and a notary appear at his home for power of attorney execution purposes and therefore denies the allegation. 20. Admitted in part and denied in part. It is admitted that the Defendant may have had a doctor's appointment. Defendant does not now remember what Plaintiff may have said at the time that an appointment may have been attempted and therefore denies Plaintiff's allegations. By way of further answer, Defendant never authorized the preparation of a new, revised Last Will and Testament and never wanted a power of attorney appointing the Plaintiff as his attorney-in-fact. 21. Admitted. By way of further answer, Plaintiff attempted direct contact with the Defendant both before and after he was advised that his services had been terminated. 22. Admitted. By way of further answer, Defendant incorporates his answer to paragraph 5 of the Complaint by reference thereto. 23. Admitted. 24. Denied. The services scheduled by the Plaintiff were no__!t at the specific request of the Defendant nor are the charges customary and reasonable under the circumstances and strict proof is demanded at trial. WHEREFORE, Defendant requests that this Court enter judgment in favor of the Defendant and against the Plaintiff together with costs of suit and such other and future relief as the Court shall deem proper. NEW MATTER AND NOW COMES the Defendant, James Baird, Jr., who alleges the following under the heading of New Matter: 25. The Defendant incorporates herein his answer to paragraphs 1 through 24 of the Complaint by reference thereto. 26. The Defendant, James Baird, Jr., is presently 81 years of age, very hard of hearing and suffers from breathing and related problems. 27. 28. The Defendant cannot read or write and now depends upon others to drive him from place to place most of the time. The Defendant has difficulty assimilating certain types of information and retaining the same. 29. At all times relevant to this proceeding, Defendant wanted his friend and neighbor and nominee to become his attorney-in-fact to be present with him in Plaintiff's office, but was not permitted by Plaintiff to do so. 30. Plaintiff has broken the above-referenced fiduciary relationship by exerting undue influence upon the Defendant under the circumstances presented. 31. As further evidence of said undue influence, see Defendant's life insurance change of beneficiary form dated October 2, 2003, prepared by the Plaintiff naming himself as beneficiary, a copy of which is attached hereto, made a part hereof and made a part of Defendant's Exhibit 5. 32. There was no agreement between the parties concerning the monies claimed by Plaintiff. 33. Plaintiff's conduct was fraudulent. 34. Plaintiffbreached his confidential relationship with Defendant. 35. Plaintiff placed Defendant under duress. 36. It would be unconscionable to hold Defendant liable to Plaintiff under the circumstances. WHEREFORE, Defendant requests that this Court enter judgment in favor of the Defendant and against the Plaintiff together with costs of suit and such other and future relief as the Court shall deem proper. le, Esquire I~9. No. 01624 126 East King Street Shippensburg, PA 17257 (717) 532-7388 Attorney for Defendant VERIFICATION I verify that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. . ,,~am~s Baird, Jr., Defe.~nt JERRy A. WEIGLE JOSEPH p. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT David P. Perkins, Esquire 4 James Circle Shippensburg, PA 17257 WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SH/PPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-5289 weigleassociates~earthlin k net October 10, 2003 Dear Dave: James Baird, Jr. has contacted me to complete some Estate Planning which I believe you began last Wednesday, October 1, 2003 when Mr. Baird was in your office. Kindly forward the original of his present Last Will and Testament and at least copies of any documents, which he signed in your office on October 1, 2003. JAW/paf Very truly yours, ~/ ~t~y ~. v~eigle, EsqUire lfi~lIBIT I Mr. James Baird, Jr. Lot #21 Shippensburg Mobile Estates Shippensburg, PA 17257 FILE David P. Perkins, Esquire 4 James Circle Shippensburg, PA 17257 October 16, 2003 RE: James Baird, Dear Attorney Perkins: I am in receipt of your letter to me dated October 13, 2003. I no longer want you to represent me. Please forward the Will and Power of Attorney documents you prepared and I have paid for but have not signed, to either myself at my home address or to Attorney Jerry A. Weigle, Esquire immediately. Mr. Weigle has already requested these documents from you last week. Thank you. cc: Jerry A. Weigle, Esquire Very truly yours, James Baird, Jr. ~ lflltlBI'f 2 REVOCATION OF POWER Kathryn J. Hershey 93 Hershey Road Shippensbnrg, PA 17257 I, James Baird Jr, presently resid/ng at 21 Shippensburg Mobile Estates, Shippensburg, Pennsylvania do hereby cancel and revoke the Power of Attorney given by me to Kathryn J. Hershey as my agent, said document, Dated: October 1, 2003 dat~d..Ju~y ,2002. I/,I~IIBIT 3 DAVID P. PERKINS ATTORNEY AT LAW 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 532-6629 October 1, 2003 Mr. James Baird, Jr. Lot ~Y21 Shippensburg Mobile Estates Shippensburg, PA 17257 For Professional Services rendered: $150.00 Office consultation with and without neighbor regarding concerns over current agent acting pursuant to power of attorney, discussion of options and preparation of revocation of power of attorney. - $150.00 payment-October 1, 2003 0 amount due lf/alIBIT 4 COPY Hillenbrand Ind. 10/2/2003 8:04 A~ PAGE 1/3 RightF&x SEE INSTRUCTI'DNS OAr REVERSE ,.~rDE POLICY/CERTIFICATE CHANGE FORM TH' :GHT CHANGE OF NAME OR ADDRESS New N~r,e [ ] CORRECTIONOFAGE Dam of Bi-th: Age: Mmth Deft Ye. ar [ ] REQUEST FOR C4~H SURRENDER BENEFITS 1'o#~7'/ceHifwMe mm't be returned wJfl~ ' ' ~ ~, I s~ ~E~ ~d~F~u~ hfe ln[~ C~p~y ~ ~ obli~dom =~r ~e ~icy/ I CHANGEOFP,4YMENTMODE New Mode Selec/ed ~ Au~ ~t Au~ * M~y Billing ~ S~ ~ 3~ ~ 1~ ~ 17~ ~ ~ [ ~ R~QUESTFORPOLICY/CERT1FICATEI. OAN C~ lVlaximmn amount nvnilnhle CI Less~ramount (~ecif-y) I hereby ~ss//n a po~ion of the policy/ceniflca~ pmcee, ds the oumaadiag loa~ balance (iacludiag T~. ~honght L/re Insurance Compaay as security reque~ revokes any previous des/gn~..~oa. shall have pfior/ty over t~ ima~st~ of else who may have aa intew~£ ia thL~ coverage. CI l'~ori~i~T policy/cen/fica~eb,~beealost C] A dt~pffcate policy/ce~fi,-.~,,~ ia R~TURN ALL COPIES TO FORETHOUGHTLIF~ INSURANCE COMPAN~ ~xu (BIT 5 IN THE COURT OF COMMON iPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. PERKINS Plaintiff VS. JAMES BAIRD, JR. Defendant : CIVIL AC'TION - LAW ; ; No. 04-3011 CIVIL PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER NOW COMES THE PLAINTIFF, David P. Perkins, and answers Defendant's new matter as follows: 25. Denied. No response is required. 26. Admitted. 27. Denied. It is admitted that Defendant has limited reading ability. Defendant owns or recently owned a motor vehicle and in October 2003 possessed the ability to, and in fact did, operate his vehicle on the public highways. 28. Denied. At the time Plaintiff provided the services for which payment is sought the Defendant had no trouble assimilating or retaining information. On several occasions in person and by telephone Defendant communicated with Plaintiff dearly a thorough knowledge of Defendant's assets, financial obligations, then current management of the same, as well as relationships with other parties and tire activities of those managing his assets and financial affairs. 29. Denied. At the time of Defendant's initial office consultation on October l, 2003 Defendant was transported to Plaintiffs office by an individual unknown to Plaintiff but introduced as Defendant's neighbor. The neighbor accompanied Defendant into Plaintiffs private office where Defendant expressed his present dissatisfaction with his then power of attorney Kathryn J. Hershey, and his desire to revoke her authority. When asked about a choice for another individual to serve as Defendant's power of attorney, Defendant indicated the individual who had brought him to the appointment. Plaintiffthen asked the individual to permit Plaintiff to meet with Defendant in private and the individual left the office. Plaintiff then asked Defendant how long .he had known the individual. Defendant indicated that this individual lived in the same trailer park as Defendant, but that he had only actually gotten to know him within the preceding couple of months. Defendant indicated that he was determined to revoke the authority of his then current power of attorney, but that he really had no other nominee to replace her. Plaintiff and Defendant discussed the possibility of Plaintiff acting as power of attorney. Plaintiff agreed, upon certain conditions, to do so. On a number of occasions in person and by telephone Defendant contacted Plaintiffs office to reaffirm his desire to have Plaintiff serve as his power of attorney. 30. Denied. It is denied the Plaintiff breached his fiduciary duties to Defendant and proof thereof is demanded at trial. It is denied that Plaintiff exerted undo influence upon the Defendant and proof thereof is demanded at trial. On the contrary, in light of Plaintiff and Defendant's attorney/client relationship spanning a period of several years, and Defendant's history of allegations of fraud, theft and wrong doing against a number of other individuals who had previously served as power of attorney for Defendant over the course of the attorney/client relationship, Plaintiff had both a professional and a fiduciary obligation to assure that any individual who might assume ~the duties of Defendant's power of attorney acted only in the best interests of the Defendant. 31. Denied. It is denied that the document attached as Exhibit 5 to Defendant's New Matter is evidence of the alleged undo influence of Plaintiff Plaintiff does not recall any specific discussion with the Defendant about naming Plaintiff as beneficiary of Defendant's "policy or certificate." Plaintiffhas no knowledge of the type and value of the "policy or ' ', certificate. It is denied that Plaintiff prepared any documents naming Plaintiff as beneficiary of any Defendant's assets. It is specifically denied that the document identified as Exhibit 5 of Defendant's New Matter was prepared by Plaintiff, and proof thereof is demanded at trial. 32. Denied. On October 1, 2003 Defendant agreed to pay, and in fact did promptly pay, Plaintiff the sum of $150.00 for the October 1, 2003 office consultation with and the office conference without the presence of the individual identified by Defendant as neighbor, preparation of document revoking anthority ofKathryn J. Hershey as Power of Attorney for Defendant, and Plaintiffs service of Notice of Revocation by certified mail restricted delivery. Defendant directed Plaintiff to prepare a new power of attorney naming Plaintiff as Power of Attorney and F&M Trust of Chambersburg as alternate Power of Attorney. Defendant also requested Plaintiff to prepare a new Last Will and Testament naming Plaintiff as Trustee and Executor and naming F&M Trust of Chambersburg as alternate Trustee and alternate Executor. Defendant was informed by Plaintiff that Defendant could also have the bank serve his power ox' attorney instead of Plaintiff and that Defendant could inquire as to the bank's fee schedule. Plaintiff informed Defendant that his fees for services as power of attorney would be the same fees as Plaintiffs then current hourly rate for attorney's fees. Defendant then reaffirmed his desire to have Plaintiff serve as his power of attorney as well as to prepare the requested documents. Plaintiff prepared the documents in accordance with Defendant's wishes. 33. response. Denied. This averrment is a conclusion of law and does not require a 34. Denied. This averrment is a conclusion of law and does not require a response. 35. response. Denied. This averrment is a conclusion of law and does not require a 36. response. Denied. This averrment is a conclusion of law and does not require a WHEREFORE, Plaintiff requests that this Court find judgment in favor of Plaintiff and against Defendant in the amount of three hundred eighty-five dollars ($385.00) together with interest thereon at the legal rate from October 20, 2003, costs, and such other and further relief as this Court shall deem proper. Dated: July 30, 2004 David P. Perkins, Esquire Attorney 1D//34342 David P. Perki!ns, Esquire Attorney at Law 4 James Circle Shippensburg, PA 17257-2165 Telephone: (7] 7) 658-6531 VERIFICATION I verify that the statements made in PlainlSff's Answer to Defendant's New Matter are true and Correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: David P. Perkins, Plaintiff DAVID P. PERKINS, Plaintiff VS. JAMES BAIRD, IR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04 -301 CIVIL PETITION FOR APPOINTMENT OF ARBITKATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David P. Perkins, Esquire, counsel for the Plaimiff in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is three hundred eighty-five dollars ($385.00) together with interest thereon lit the legal rate from October 20, 2003. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Jerry A. Weigle, Richard L. Webber, Jr., Joseph P. Ruane, and Thomas L. Bright. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, David P. Perkins, Esqmre Attorney for Plaintiff ORDER OF COURT d AND NOW,,.,~-g .~M/go~d), 2004, in consideration of the foregoing petition, and ~,~K~)~sqmre, are appointed in the above captioned acti/'''''t on as prayed for. DAVID P. PERKINS VS. JAMES BAIRD, JR. IN THE COURT OF COMMON PLEAS ,OF CUMBERLAND COUNTY, PENNSYLViM'NtA : CIVIL ACTION - LAW Plaintiff : : : NO. 04 - 301 CIVIL : Defendant ~ pRAECIPE FOR RULE~ UP~ON SUCCESSOR URSUANT_ TO Pa. RCP 2352. {b~ To the Prothonotary: Please enter a Rule pursuant to Pa. RCP 2352 (b) upon Franklin D. Southerly of 33 Shippensburg Mobile Estates, Shippensburg, PA 17257, Executor of the Estate of James Baird, Jr., deceased, to show cause why he should not be substituted as the Defendant in this action in place of James Baird, Jr.. In support of this praecipe Plaintiff sets forth the following facts: l. The Defendant James Baird, Jr. died on May 24, 2004 .... 1 2. At the time of his death James Baird, Jr. was the defendant in the above-captioned action. 3. On June 3, 2004, Letters Testamentary in the Estate of James Baird, Jr., deceased, were issued to Franklin D. Southerly by the Cumberland Register of Wills at File No. 21-04- 522. 4. Franklin D. Southerly continues to serve as Executor of the Estate of James Baird, Jr., deceased. Date: August 30, 2004 ~avid P. perkins, Esquire Attorney ID # 343.42 Attorney for plaintiff DAVID P. PERKINS VS. JAMES BAIRD, JR. Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 301 CIVIL RULE UPON. SUCCESSSOR PURSUANT TO Pa. RCP 2352 To: Franklin D. Southerly 33 Shippensburg Mobile Estate Shippensburg, PA 17257 On this ~7) 0 day of August, 2004 a role is hereby entered on. Franklin D. Southerly, Executor of the Estate of James Baird, Jr., deceased, to show cause why you should not be substituted for James Baird, Jr. as the Defendant in this action. Said rule returnable within twenty (20) days of service. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. PERKINS, Plaintiff JAMES BAIRD, JR., Defendant CIVIL ACTION - LAW NO. 04-301 CIVIL NOTICE OF DEATH The death of James Baird, Jr., Defendant in the above captioned action, during the pendency of this action is noted upon the record pursuant to PRCP 2355 (a). The Defendant died May 24, 2004, in Cumberland County, Pennsylvania. See Death Certificate attached. Weigle & Associates, P.C. ~.e ~erry ^. ~ igle, Esquire ~ttomey for Defendant Cc Frances H. DelDuca, Esquire David P. Perkins, Esquire This is to certify that the information here given is correctly copied from an original certificate of death duly filed x, ith me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for perm2ment,, filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.1)0 ,.0371860 No. Local Registrar Dale COMMONWEALTH OF PENNSYLVANIA ' DEPARTMENI OF HEALTH: * VITAL RECORDS CERTIFICATE OF DEATH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID P. PERKINS, : Plaintiff. · JAMES BAIRD, JR., : Defendant : CIVIL ACTION - LAW NO. 04-301 CIVIL STATEMENT OF MATERIAL FACTS RELATIVE TO SUBSTITUTION OF PARTY PURSUANT TO PRCP 2352(a) 1. The Defendant, James Baird, Jr., died on May 24, 2004 - See "Notice of Death" filed in the above captioned matter, pursuant to PRCP 2355(a). 2. Letters Testamentary were granted to the undersigned in Cumberland County, Pennsylvania, on June 3, 2004 - See Short Certificate attached. Franklin D. Southerly I verify that the facts set forth in the above Statement of Materials Facts are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unswom falsification to authorities. Date: ~-/- 0~r .2r~,.~__" t~.)O~ Franklin D. Southerly STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE estate of BAIRD JAMES JR (Last, First, Middle( in said county, deceased· I, GLENDA FARNER STRASBAUGH Register for the Probate of wills and Granting Letters of Administration in and for CUMBERLAND County· dc, hereby certify that on the 3rd day of June, Two Thousand and Four, Letters TESTAMENTARY in common form were granted by the Register of said County, on the · late of SOUTHAMPTON TOWNSHIP to SOUTHERLY FRANKLIN D (Last, First, Middle) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 31st day of August Two Thousand and Four. File No. PA File No. Date of Death s.s. # 2004-00522 21-04-0522 5/24/2004 196-14-2927 - Register Of~Vills --' ~/// l~ NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL DAVID P. PERKINS VS. JAMES BAIRD, JR. IN THE COURT OF COMMON PLEAS OF cUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff : : NO. 04 - 301 CIVIL Defendant praecipe for_ Withdrawl o.f_C~ounsel To: Curtis Long, Prothonotary Please enter my withdrawal of appearance as Attorney for Plaintiff in the above-captioned matter. October 15, 2004 ~wa~d P. Perkins, Esquire Attorney ID # 34342 Praeci~e for Entr~ of Ao ~p~__~9~¢ of Counsel for Plaintiff. To: Curtis Long, Prothonotary Please enter my appearance as Attorney for Plaintiff David P. Perkins in the above-captioned matter. October 15, 2004 ~o~me~n~gE;~ DAVID P. PERKINS JAMES J. BAIRD, JR. In The Court of Common Pleas of Cumberland County, Pennsylvania No. 200~ - 301 ~ Civil Action - Law OATH We do solemnly swear (or affirm) =ha~ we will support, obey and defend The Cons~itutlon of the United STates and the Cons~itu~-~on of this Common- wealth and ~hat we will discharEe the duties of our office wi~h fidelity. ' '' ' Richard P. ~lslitsky, Esq. We, the undersigned arbitrators, havTng been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for dele7 are awarded, =hey shall be separately stated.) We award the Plaintiff, David P. Perkins, Two Hundred Twenty- five Dollars ($225.) and against the defendant, James J. Baird, Jr. · Arbitrator, dissents. (Insert name if applicable. ) Date of Hearing: ,{/D~/~,~ rD ~/ ~a~es H. De~Duca~hs~n Richard P. Mislit'sky, Esq. NOTIC~ OF ENTR! OF AWARD Now, :he i~)~ da~ of ~~ , ~~ at ~.'0~, ~., ~he above a~rd was entered upon =he docket and notice ~hereof ~iven b7 ~il ~o =he 9ar:ies or ~Seir a~:o~a~s. ~~~~° ArSttra=ors' toleration =o be paid upon appel: no=a~ Deputy