Loading...
HomeMy WebLinkAbout09-0121BRADLEY L. GRIFFIE IN THE COURT OF COMMON PLEAS OF t/d/b/a GRIFFIE AND ASSOCIATES :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. DUSTY J. MARTIN, Defendant CNIL ACTION -LAW pQ- Olbl.l NO. CNIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108(PA only) (717) 249-3166 BRADLEY L. GRIFFIE : IN THE COURT OF COMMON PLEAS OF t/d/b/a GRIFFIE AND ASSOCIATES :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. :CIVIL ACTION -LAW DUSTY J. MARTIN, 0 9 - o id I Defendant NO. CIVIL TERM COMPLAINT 1. Plaintiff is Bradley L. Griffie, an adult individual with a principle place of business at 200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, trading and doing business as Griffie and Associates. 2. Your Respondent, Dusty J. Martin is an adult individual currently residing at 150 Garber Street, Chambersburg, Franklin County, Pennsylvania. 3. Plaintiff is a licensed attorney :in the Commonwealth of Pennsylvania and is engaged in providing legal services to the general public for a fee. 4. In the past, Defendant has used the legal services of Plaintiff and has compensated Plaintiff for those services. 5. In the middle of 2006, Defendant requested that Plaintiff provide additional legal services to Defendant for her legal proceedings. 6. By correspondence of June 28, 2006, from Plaintiff to Defendant, which was countersigned by Defendant on July 13, 2006, Defendant agreed to engage the services of Plaintiff for a set hourly fee of $250.00 per hour, a copy of which Fee Agreement or Engagement Letter is attached hereto and incorporated herein by reference as Exhibit "A". 7. From the time of execution of the Fee Agreement or Engagement Letter signed by Defendant on July 13, 2006 forward, Plaintiff provided legal services to Defendant and provided monthly statements for all services rendered and all charges on Defendant's account. 8. For the period from July 13, 2006 forward, Plaintiff provided legal services to Defendant, at Defendant's request and Defendant incurred fees in the amount of $24,825.00 of which $5,427.50 was paid by Defendant. 9. The balance remaining due to Plaintiff for legal services provided to Defendant is $19,397.50. 10. Services being provided by Plaintiff to Defendant ceased on or about September 22, 2008. 11. Defendant had agreed to secure full compensation for Plaintiff through various means and from various resources, but has failed and refused to make payment in full. 12. Defendant, in the past, had agreed to make substantial payments on the account that is due and owing to Plaintiff, but has failed to make any such payments sine her last payment of $200.00 on August 14, 2008. 13. Defendant has failed and refused to execute documents that Plaintiff has requested her to sign, such as a Note or Mortgage, for purposes of securing Plaintiff s fee. 14. Plaintiff has repeatedly offered Defendant the opportunity to make substantial payments or to make payment in full on the fees due, but Defendant has failed and refused to provide compensation as requested by Plaintiff for services already rendered by Plaintiff to Defendant. 15. Defendant has breached the terms of her Fee Agreement Letter that she executed on July 13, 2006. 16. The current outstanding balance due on Defendant's account, together with interest as provided in said Fee Agreement Letter, is $19,945.38 as of December 31, 2008. WHEREFORE, Plaintiff requests your Honorable Court to enter Judgment against the Defendant in the amount of $19,945.38, together with ongoing interest, fees, and costs, in an amount requiring the matter to be resolved through arbitration. Respectfully Submitted, >~ ~ Gri e, Plaintif j`' E ASSOCIATES 00 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: BRADLEY L. GRIFFIE : IN THE COURT OF COMMON PLEAS OF t/d/b/a GRIFFIE AND ASSOCIATES: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. :CIVIL ACTION -LAW DUSTY J. MARTIN, • Defendant NO. CIVIL TERM CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~ day of January, 2009, cause a copy of Plaintiff s Complaint to be served upon Defendant, by serving her by certified mail, restricted delivery, at the following address: Dusty J. Martin 150 Garber Street Chambersburg, PA 17201 DATE: ~~9/09 Bradley L. Griffie, Esquire Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 C~Rr.~FrE & .~Lssocr.~~s Attorneys and Counselors at Law Bradley L. Griffie, Esquire Hannah Herman-Snyder, Esquire Robin J. Goshorn Office Manager Reply to: Carlisle 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717)2b7-1350 (800)347-5552 Faz(717)243-5063 Dusty J. Martin 150 Garber Street Chambersburg, PA 17201 RE: FEE AGREEMENT Dear Ms. Martin: Thank you for consulting us regarding your legal matters. This will confirm our arrangements regarding representation of you and attorney's fees associated with representation of you in your case. From this point forward in your representation, we will keep strict track of all time expended for services rendered on your behalf. This includes, but is not limited to, telephone calls, office conferences, correspondence, attendance at meetings, .hearings and similar matters. These services will be billed to you at the rate of $250.00 per hour. While you will not be billed for clerical or secretarial time, with respect to some of the services we will use the assistance of one of our paralegals or legal assistants and bill for these services at the rate of $50.00 per hour. Further, however, we reserve the right to increase our hourly fees in the future as our general hourly rates increase for all clients. This, of course, would only be done after proper notification to you. "Costs" will also be itemized and billed to you. "Costs" are out-of-pocket expenses, such as expert fees (e.g. accountants, appraisers), filing fees, and transcripts, as well as some long distance telephone calls, copying, postage and fax transmissions. We require a standard retainer to be paid in these types of cases in the amount of $2,500.00*. The retainer is held in our escrow or trust account. We bill against this retainer as your case progresses and notify you of this through routine billings. In the event the retainer is used in its entirety, or extensive, involved work is anticipated, we reserve the right to request an additional retainer of an appropriate amount. There are rare circumstances where a retainer could be waived, such as where an agreement is reached that fees will be paid from divorce settlement proceeds. As indicated, these circumstances are rare and, further, require the signing of a separate, recordable Note. We reserve the right to refuse or withdraw representation in the event retainers, quoted fees or billed fees are not timely paid. If you maintain an outstanding bill with us for which payment has been requested for over 60 days, or if you fail to provide requested retainers for a period of 60 days, we reserve the right to withdraw from your case or - ____- otherwise_to refuse_additional service. ------ - --~ In some cases, situations may arise wherein the opposing party may be ordered to pay all or part of the other party's fees. Sometimes the court makes an order for fees and costs. Exhibits-"A" Because fees and costs awards are totally unpredictable, court orders must be considered to be merely "on account" and you are primarily responsible to pay your total fee. Of course, any amounts received pursuant to a court order will be credited on your account. Our office charges interest at the rate of 1% per month or 12% per annum for any billings over 30 days old. There are circumstances when this interest can be waived, but it must be done in writing. All billings will reflect this calculated interest. You should understand that 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 with my paralegal. If you are passing on information, she can deliver it to me without the necessity of your waiting to have me return the call. If you have a question that requires an answer for me, it may be easier and more expeditious for them to obtain the background from you, bring the matter to my attention when I am free, and then have a response to you. If it is necessary that you speak with me rtdiffilculties yin reachpngtme~ fee freerto have my staff possible. In the event you encounter schedule a brief telephone appointment at a designated time. Additionally, there may be times when I attempt to contact you via cell-phone or a-mail. As you may be aware, some concern exists that cell-phone conversations or a-mail correspondence could occasionally be intercepted. Therefore, we cannot absolutely guarantee the confidentiality of our discussions in such instances. If you have concern over this and do not want me to contact you in this manner, please write a brief statement to this effect under your signature at the end of this letter. In this way, we will have record of your wishes and will proceed accordingly. Every effort will be made to expedite your case promptly and efficiently according to the highest legal and ethical standards. Please sign and date. the original of this letter and return it to our office in the enclosed, self- addressed stamped envelope for our records. Retain the copy for your records. Very truly yours, GRIFFIE & ASSOCI TE ~~ Bradley L. ~ ie, Esquire BLG/tbf Enclosures I agree to be legally bound by the terms set forth above. DATE: `Z ~ n ____ _. --Dus 3-l~at -in __ - _ ._ * 'No retainer being requested with this fee letter a Q' ~ O .P ~ ~, ~ b D -_ ~~ ~ .r