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HomeMy WebLinkAbout09-1344 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff BAXTER, BAKER, SIDLE, CONN & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and DAWN KLINKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 13 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 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F:\F1LES\Clients\13286 BBSC&A13286.1.com/mah Created: 11/05/0109:49:53 AM Revised: 02/27/09 02:3656 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff BAXTER, BAKER, SIDLE, CONN & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and DAWN KLINKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 13 i?Y 04,vd COMPLAINT AND NOW, comes the Plaintiff, Baxter, Baker, Sidle, Conn & Jones, P.A., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Baxter, Baker, Sidle, Conn & Jones, P.A., is a Maryland law office, with a place of business at 120 East Baltimore Street, Suite 2100, Baltimore, Maryland 21202 2. Defendants, Christopher Klinko and Dawn Klinko, are adult individuals residing at 1336 Summerswood Drive, St. Thomas, Franklin County, Pennsylvania. 3. Plaintiff is in the business of providing legal services to certain businesses and individuals. 4. Plaintiff has provided services to Defendants with regard to legal services in negotiation of a lease agreement for the operation of a business at 214 Westminster Drive, Carlisle, Cumberland County, Pennsylvania, and in connection with certain disputes with the landlord regarding that lease. 5. Plaintiff has provided services to Defendants for a total value of $15,860.52, and the amount of $9,760.52 remains due and payable. A true and correct copy of Plaintiff's invoice dated May 13, 2008, is attached hereto as Exhibit "A." 6. Defendants are liable for the services provided as they agreed to pay the same based upon conversations, emails and correspondence between the Plaintiffs and Defendants, and as set forth in the Franchise Agreement between Defendants and Defendant's franchisor as to the premises pursuant to the referenced lease. A copy of the Franchise Agreement is not attached hereto because the original is in the possession of Defendants and Cold Stone Creamery. 7. Defendants have failed to pay for such services and, therefore, are liable to Plaintiff for the amounts owed plus interest, costs and attorney fees. 8. Despite repeated demands, no payments have been made by Defendants for amounts due nor have Defendants disputed this debt in writing. 9. All conditions precedent have been performed by the Plaintiff. 10. Plaintiff has fulfilled all of its obligations under the Franchise Agreement. COUNT I - BREACH OF CONTRACT 11. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 10 as if fully set forth. 12. Defendants have breached an expressed or implied agreement, directly or through agents, to pay for the services provided to Defendants from Plaintiff and/or Plaintiff's agents. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $9,760.52,plus interest, attorney's fees of $1,000.00 and costs. COUNT II - QUANTUM MERUIT 13. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 12 as if fully set forth. 14. Defendants are liable to the Plaintiff and/or have been unjustly enriched in the amount of $9,760.52. 15. Defendants have received and retained the benefit of Plaintiff's services. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $9,760.52, plus interest, attorney's fees in the amount of $1,000.00 and costs. MARTSON LAW OFFICES f By: "Z,4 - Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 3- 3 - 9 Attorneys for Plaintiff EXHIBIT "A" Baxter, Baker, Sidle, Conn & Jones PA 120 E. Baltimore Street Suite 2100 Baltimore, MD 21202 Federal ID 52-2066242 Ph: 410-230-3800 Fax:410-230-3801 Cold Stone Creamery 1336 Summerswood Saint Thomas, PA 17252-9515 Attention: Dawn Klinko RE: Carlisle Crossing (Carlisle, PA) Lease Total Fees & Disbursements Previous Balance Previous Payments May 13, 2008 File #: 20648-114 Inv #: 47818 50.00 $9,860.52 $100.00 Balance Due Now $9,760.52 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. BAXTER, BAKER, SIDLE, CONN & JONES, P.q. N By: ca /?A V ' Q Sheriffs Office of Cumberland County R Thomas Kline ? qtr at iumbrEdward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE' , ?,,"-RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03110/2009 02:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2009 at 1420 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christopher Klinko, by making known unto Mary Teierle, adult in charge, at 214 Westminister Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/11/2009 02:48 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2009 at 1448 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Dawn Klinko, by making known unto Mary Teierle, adult in charge, 214 Westminister Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.92 (PAID) SO ANSWER March 13, 2009 R THOMAS KLINE, SHERIFF Dip ay Sheriff Docket No. 2009-1344 Baxter, Baker, Sidle, Conn & Jones, P.A. v Christopher Klinko C3 M ll i A THE LAW OFFICES OF LESLIE DAVID JACOBSON Dated: Scott McPartland ID# 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 Attorney for Defendant Scott McPartland The Law Offices of Leslie D. Jacobson Attorneys for Defendant 8150 Derry Street, Ste. A Harrisburg, PA 17111-5260 TEL: (717) 909-5858 FAX: (717) 909-7788 BAXTER, BAKER, SIDLE, CONN & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and DAWN KLINKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1344 NOTICE TO PLEAD TO: BAXTER, BAKER, SIDLE, CONN & JONES, P.A. YOU ARE HERBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Scott McPartland The Law Offices of Leslie D. Jacobson Attorneys for Defendant 8150 Derry Street, Ste. A Harrisburg, PA 17111-5260 TEL: (717) 909-5858 FAX: (717) 909-7788 BAXTER, BAKER, SIDLE, CONN & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and DAWN KLINKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1344 AND NOW, comes Dawn Klinko and Christopher Klinko, Defendants, by and through their attorney, the Law Offices of Leslie David Jacobson, and files this Preliminary Objection to the Complaint and avers as follows: PRELEMI NARY OBJECTION 1. The Defendants raise Pa. R.C.P. 1028(a)(5) nonjoinder of a necessary party in that Plaintiff did not name Cold Stone Creamery as a defendant in its Complaint. 2. The Plaintiff provided legal services on behalf of Defendants and Cold Stone Creamery in negotiation of a lease agreement for the operation of a business as well as certain disputes with the landlord regarding that lease. 3. Cold Stone Creamery is the tenant in the lease negotiated by the Plaintiff as well as the franchisor. Defendants, Klinkos, are subtenants under the lease. 4. Plaintiff pleads in the Complaint the relationship between Defendants and Cold Stone Creamery. 5. Because of the relationship between Defendants and Cold Stone Creamery, which relationship makes Cold Stone Creamery an indispensable party, it would be impossible to determine liability in this case absent Cold Stone Creamery being named a Defendant. WHEREFORE, Defendants request the Complaint be dismissed for failure to join an indispensable party. Dated: VI&I-Q? Respectfully Submitted, c2h2t? Scott McPartland Attorney I.D. No.: 209669 Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788' .? 7 VERIFICATION I, Dawn Klinko, do hereby verify that the facts stated in the foregoing document 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. §4904 relating to unworn falsification to authorities. Date: By: ?11 ` Dawn Klinko ir, BAXTER, BAKER, SIDLE, CONN & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and DAWN KLINKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1344 CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing Preliminary Objections to the Complaint was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL Christopher E. Rice, Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 DATED: 31elo? 4cc artand Attorney for Plaintiff r ro ..?.. r/ Apk. F:\FUM\C1ients\13286 BBSC&A13286.1.resp.po/mah Created: 1110510109:49:53 AM Revised: 03/20/09 04:01:51 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff BAXTER, BAKER, SIDLE, CONN & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and DAWN KLINKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 1344 RESPONSE TO PRELIMINARY OBJECTIONS 1. Denied as a conclusion of law. 2. The above-referenced action is against the Defendants for nonpayment of legal services and Cold Stone Creamery's involvement is not at issue in this matter. By way of further response, it is admitted that Plaintiff did provide services to Defendants and have served as legal counsel to Cold Stone Creamery. 3. Admitted. By way of further response, this action is only against the Defendants for nonpayment of legal services. 4. Admitted. The allegation setting forth the relationship between the Defendants and Cold Stone Creamery does not cause Cold Stone Creamery to be an indispensable party. 5. Denied. The fact that Defendants failed to pay for legal services to Plaintiff does not cause Cold Stone Creamery to be an indispensable party in determining liability for the same can be obtained without naming Cold Stone Creamery as a party. By way of further response, Defendants .r have the option of naming Cold Stone Creamery as an additional defendant if they believe such action should be taken. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $9,760.52, plus interest, attorney's fees in the amount of $1,000.00 and costs. MARTSON LAW OFFICES By: ? C- Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 3 - 25'? Attorneys for Plaintiff "I ? CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Response to Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Scott McPartland, Esquire The Law Offices of Leslie D. Jacobsen 815 Derry Street, Suite A Harrisburg, PA 17111 MARTSON LAW OFFICES By_qy4j?j ) A 0 M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 5,1z -- ? `? THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ?a _ ? '? i f _,. ?. w,:? _.,, ?? _: ?;:,.? ° ?? _? ?;. _:.a PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Baxter, Baker, Sidle, Conn & Jones, P.A. vs. Christopher Klinko and Dawn Klinko No. 2009-1344 , Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections to Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Christopher E. Rice, Esquire, 10 East High Street, Carlisle, PA 17013 (Name and Address) Scott McPartland, Esquire, 815 Derry Street, Suite A, Harrisburg, PA 17111 (b) for defendants: (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April. 29, 2009 Signature Christopher E. Rice Print your name Plaintiffs 3/25/2009 Attorney for Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. i w } PRAECPE FOR LISTING CASE FOR ARGIMENT iftos1t be typewrimn and subadbod in d ipicala) TO THE PROTHONOTARY OF CUMIERLAND COUNTY: (List the wailm mailer for the next Argumo t Coot) CAPTION OF CASE (enfire c*dm mast be shaded in h* BAXTER, BAKER, SIDLE, CONN & JONES, P.A. vs- CHRISTOPHER KLINKO and DAWN KLINKO No_ 2009-1344 . Civil Temp 1. Stale miller to be argued) (i_e_, phintift nation for new trial„ def+m Wws demuner to oonaplainl, elc-k Preliminary Objections to Complaint 2- Identity al omwed who wi argue uses: (a) for Ad Ilk: Christopher E. Rice, Esquire (Name and Addoss) 10 East High Street, Carlisle, PA 17013 (b) for defiendanls: Gantt M ar 1 and. Esquire (Name and Address) 8150 Derry Street, Ste. A, Harrisburg, PA 17111 3_ 1 wA nddy aft parties Ira wrakg wirfrn- two days that this case has been lisled for argmnenL 4- Argument Court Dmle: Pmt your name Defendants Dale: 4/22/2009 Atlomey tier MIRAICTIONS: 1_ Two copies of ON briefs must be 11fad wlh the COURT ADfAASTRATOR (ed om Prolhonotow) , so o arprmnarrt. 2 The nxmng party shy fie and serve their brief 12 days prior lo ar+gumm* 3. The mopm&V party shat No their brief 5 days prior b argent 4. N arprrmsmt is corrtirrrrad maw brisfrs oust be Mod w Oh do COURT ADMINISTRATOR (not die Pnoihomolmy) after the case Is rsisI Scott McPartland CA/AL r{NI ?4??l 4 ?? OF THE NOTARY 2009 AS'R' 21,, P I < I BAXTER, BAKER, SIDLE, CONN & JONES, P.A., Plaintiff vs, CHRISTOPHER KLINKO and DAWN KLINKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1344 CIVIL IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANTS BEFORE HESS AND EBERT, J.J. ORDER AND NOW, this day of June, 2009, the preliminary objection of the defendants asserting a failure to join an indispensable party is OVERRULED. BY THE COURT, 'X4 Kevin ,k. Hess, J. Christopher E. Rice, Esquire Jacob M. Theis, Esquire For the Plaintiff Scott McPartland, Esquire For the Defendants Am C-0 InC17 t LC i 2009 JUI 19 P l%: . The Law Offices of Leslie D. Jacobson Attorneys for Defendant 8150 Derry Street, Ste. A Harrisburg, PA 17111-5260 TEL: (717) 909-5858 FAX: (717) 909-7788 BAXTER, BAKER, SIDLE, CONN & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and DAWN KLINKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1344 NOTICE TO PLEAD TO: BAXTER, BAKER, SIDLE, CONN & JONES, P.A. YOU ARE HERBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Dated: 6'/.FeA? THE LAW OFFICES OF LESLIE DAVID JACOBSON Scott McPaidand ID# 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 Attorney for Defendant BAXTER, BAKER, SIDLE, CONN & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and DAWN KLINKO, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1344 DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes Christopher and Dawn Klinko, Defendants, by and through their attorney, the Law Offices of Leslie David Jacobson, and files the following Answer to Plaintiff's Complaint, and states the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Plaintiff provided legal services to Defendants with regard to a negotiation of a lease agreement for the operation of a business. It is denied that Plaintiff provided legal services to Defendant in connection with certain disputes with the landlord regarding the lease. By way of further answer, Plaintiff provided legal services to Cold Stone Creamery in connection with certain disputes with the landlord regarding the lease. 5. Denied that the amount of $9,760.52 remains due and payable. 6. Denied that Defendants agreed to pay for the services provided. 7. Denied that Defendants failed to pay for such services and that they are liable to Plaintiff for the amounts owed plus interest, costs, and attorney fees. 8. Denied that any amount remains due. 9. Denied that all conditions precedent have been performed by the Plaintiff. 10. Denied that Plaintiff has fulfilled all obligations under the Franchise Agreement. COUNT I - BREACH OF CONTRACT 11. Plaintiff incorporates by reference the averments contained in paragraphs 1 through 10 as if fully set forth. 12. Denied that Defendants have breached an expressed or implied agreement to pay for services provided by Plaintiff. COUNT H - QUANTUM MERUIT 13. Plaintiff incorporates by reference the averments contained in paragraphs 1 through 12 as if fully set forth. 14. Denied that Defendants are liable to Plaintiff or that they have been unjustly enriched in the amount of $9,760.52. 15. Denied that Defendants received a benefit from Plaintiff s services. WHEREFORE, Defendants, Christopher and Dawn Klinko, respectfully request this Honorable Court dismiss Plaintiff's Complaint with prejudice and award such other relief as the Court deems appropriate. NEW MATTER 16. Paragraphs 1 through 15 of Defendants' Answer are hereby incorporated by reference. 17. Defendants are franchisees of a Cold Stone Creamery store located in the Carlisle Crossing Shopping Center in Carlisle, PA. 18. Plaintiff provided legal services on behalf of both Defendants and Cold Stone Creamery in negotiation of a lease agreement for the operation of a business. 19. Plaintiff provided legal services on behalf of Cold Stone Creamery in connection with certain disputes with the landlord regarding that lease. 20. Under the lease negotiated by Plaintiff, Cold Stone Creamery is the tenant and Defendants are subtenants. 21. For the negotiation of the lease on their behalf, Defendants were to pay $6,000.00. 22. Defendants have paid Plaintiff this amount. This constitutes an accord and satisfaction. 23. Cold Stone Creamery acknowledged to Plaintiff that it would pay all legal fees in excess of $6,000.00 for services incurred as a result of the disputes with the landlord regarding the lease. 24. Cold Stone Creamery is responsible for paying any legitimate remaining balance of $9,760.52 for the legal services provided by Plaintiff. WHEREFORE, Defendants, Christopher and Dawn Klinko, respectfully request this Honorable Court dismiss Plaintiff's Complaint with prejudice and award such other relief as the Court deems appropriate. DEFENDANTS CHRISTOPHER AND DAWN KLINK09S COUNTERCLAIM AGAINST PLAINTIFF BAXTER. BAKER. SIDLE, CONN & JONES, P.A. 25. Paragraphs 1 through 24 of Defendants' Answer are hereby incorporated by reference. 26. Defendants had been informed by Cold Stone Creamery and Plaintiff that no rent would be due until after Defendants were given possession of the leased property. 27. Defendants took possession of the leased property on June 20, 2007. 28. However, there were problems caused by the landlord with the leased property. 29. These problems resulted in an addendum to the lease which provided for a one month's abatement on the lease payment. 30. Defendants' rent should have commenced on August 1, 2007. 31. The addendum provided for a commencement of rent 90 days after the Tenant was given delivery of possession. 32. The addendum stated delivery of possession was deemed to have occurred on January 15, 2007. 33. Defendants were charged rent for April, May, June, and July. 34. As a result of the addendum, Defendants were forced to pay advance rent totaling $8,242.73. 35. The addendum was reviewed and recommended by Plaintiff. 36. Defendants asked Plaintiff if signing the addendum would result in any further fees or costs, to which Plaintiff assured Defendants it would not. COUNT I - BREACH OF CONTRACT 37. Paragraphs 1 through 36 of Defendants' Answer are hereby incorporated by reference. 38. Plaintiff agreed to provide competent legal services on behalf of Defendants in the negotiation of a lease agreement and certain disputes with the landlord which resulted in an addendum. 39. Plaintiff has violated its contractual obligations to Defendants by improperly reviewing and recommending the addendum to Defendants. 40. Plaintiff failed to exercise ordinary skill and knowledge in recommending the addendum to Defendants. 41. As a result of Plaintiff recommending the addendum, Defendants had to pay additional rent totaling $8,242.73 as well as defend Plaintiff s claims for additional attorney fees totaling $9,760.52. WHEREFORE, Defendants, Christopher and Dawn Klinko, demand judgment against Plaintiff, Baxter, Baker, Sidle, Conn & Jones, P.A. in the amount of $8,242.73 plus costs and reasonable attorney fees, and for whatever other relief the Court deems just and appropriate. Respectfully Submitted, Dated: .3 p Scott Mc artland Attorney I.D. No.: 209669 Leslie David Jacobson Attorney I.D. No.: 52673 Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 IN THE COURT OF COMMON PLEAS OF BAXTER, BAKER, SIDLE, CUMBERLAND COUNTY, PENNSYLVANIA CONK & JONES, P.A. Plaintiff V. CHRISTOPHER KLINKO and NO. 2009-1344 DAWN KLINKO, Defendants CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing Answer to the Complaint was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL Christopher E. Rice, Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 DATED V Scott McPartland Attorney for Plaintiff OF 7Fi E? u'" NiOTARY 2CO9 JUL -2 AN 11 : 45