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10-0361
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /0- 361 0v NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. THE CASE OF i(I c , c'v-oaoo .aa1 ®a This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sowftme of Rothorsawy or Depay was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after firing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ?rAA -, S ` Name of apps (Common Pleas No. Q - 3 avt/ I appellee(s), to file a complaint in this appeal within twenty (20) days of rule or suffer entry of judgment of non pros. t Sign of a atAnmey or agent RULE: To scj F1 oWf r, appellee(s) Name of appe#Ws) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: t?Gr?1:Xt,? yy 2016 - SOW- ofPro& nolary - Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ,20 ? by personal service sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF -,20 Signature of official before whom affidavit was made ? by (certified) (registered) mail, Signature ofalfrant Title of official My commission expires on 20 >- q c ri N r^? y,. 1 J 1` i i (D t? v ` a S GE: LL1 U Cz fQ - , on '? ` 'COMMONWEALTH OF PENNSYLVANIA not tntTV n:=• CUMBERLAND Mag. Dist. No.: 09-2-01 MDJ Name: Hon. PAOLA P. CORREAL Address: 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717 ) 218-5250 17013-0000 DENNIS ZEIGLER 731 ZEIGLER LANE ENOLA, PA 17024 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF NOTICE OFCJIVDGCMASE /TRANSCRIPT RAPTIFF: NAME and ADDRESS 'SAIDIS, FLOWER & LINDSAY 26 W. HIGH STREET CARLISLE, PA 17013 L VS. J DEFENDANT: NAME and ADDRESS rZEIGLER, DENNIS 731 ZEIGLER LANE ENOLA, PA 17024 L J Docket No.: CV-0000221-09 Date Filed: 9/30/09 (Date of Judgment) 12/21/09 Judgment. ® Judgment was entered for: (Name) SAIDIS, FLOWER & LIN, DSAY 0 Judgment was entered against: (Name) ZEIGLER, DENNIS in the amount of $ 8.134. Defendants are jointly and severally liable. Damages will be assessed on Date & Time FIThis case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ ?, v?? . ?•• Judgment Costs $ 134.50 Interest on Judgment $ . 00 Attorney Fees $ Total $ 8,134.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date sterial District Judge certify that this is a true a corre copy of t e reco d o th oceedings co ai ng the jldgr>?ieit. Date Magi st 1District Judge 2012 ;S5AL My commission expires first Monday of January, AOPC 315-07 MXr DATE PRINTED: 12/21/09 12:34:00 PM r_1 (Domestic Only; No Insurance Coverage Provided) Cr 17H 11Q1-1 Er For delivery inforimptior visit our website at wwwuspsxorn,?, O E3 Postage fU Postager Certified Fee` ru ogstT rLJ Certitied Fee O Return Receipt Fee O nark .r^ M (Endorsement Required) 7 O Return Receipt Fee ? O (Endorsement Required) -? L O wA O r Restricted Delivery Fee U. + v-' ? L (Endorsement Required) c9 Restricted Delivery Fee O O (Endorsement Required) ? rl.l?.Et 11(14+. it J +? r J ' _ cO Total Postage a Fees $ , i /rU ca Total Postage & Fees - Sent o IT, Sent To n R GtS(--- ------------ Er E3 5 Street, Apt o.; - or PO Box No. a ?SL`?..--,- -n• ?- --j- ....... O or Po Box No. City. State, Z/P+4 C ter-) ,s I o a I t_Z State. 210+40 ; '? , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0 A_M\f)eA0.RA ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas' upon the District Justice designated therein on k L? ,20 ? ? by personal service by (certified) (registered) mail, WORN) (AFFIRMED) ANDS BSCRIBED BEFORE ME IS 1'f DAY OF 20?Q. Signature of affiant • Signature o piciai fore`iv?ioln Quit wama - 1 Tide dto n My commis' rOA` `res a 20 n N ` ma cT o - ?i c' © c --c t ii 5 ? 1 A .• Q 9 CA _< (date of service) - , 20?, L] by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ?? S ? l? erg Lye?SQU on sender's receipt attached hereto. i Saidis, Flower & Lindsay, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2010-361 n nJ C_? 4 n ? Dennis Zeigler, CIVIL ACTION 7?1 Defendant _ -' :.., r o i 71 =+ t r_. : i l NOTICE r =< SAIDIS, LENDS AN AT UW-MYS-ATUw 26 West High Street Carlisle, PA 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Saidis, Flower & Lindsay, Plaintiff vi. Dennis Zeigler, CIVIL ACTION Defendant SAMIS, LINDSAY AT[ORNErSXFLAW 26 West High Street Carlisle, PA esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA NO. 2010-361 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas demandas que se presentan mas, adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMA CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADA, ES POSIBLE QUE ESTA OFICINA LE PUEDO PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 2 Saidis, Flower & Lindsay, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vii. NO. 2010-361 Dennis Zeigler, CIVIL ACTION Defendant r4^%ZT%T % TLTR7 AND NOW, comes the Plaintiff, Saidis, Flower & Lindsay, and respectfully represents as follows: 1. Plaintiff, Saidis, Flower & Lindsay, is a Pennsylvania professional corporation, with a principal place of business at 26 West High Street, Carlisle, Pennsylvania 17013. 2. Defendant, Dennis Zeigler, is an adult individual last known to be residing at 731 Zeigler Lane, Enola, Pennsylvania 17025. 3. On or about October 2, 2003, in Cumberland County, SAIDIS, HJ0)WR & LINDSAY ?rtow?s•?vuw 26 West High Street Carlisle, PA Pennsylvania, the Plaintiff and the Defendant entered into a written fee agreement concerning Plaintiff's professional services, a copy of which is attached hereto and incorporated herein as Exhibit "A". 4. The Plaintiff provided professional services, pursuant to the terms of the agreement, to the Defendant 3 between the dates of October 2, 2003 and September 23, 2008, although actual representation ceased in or about September 23, 2008. 5. The Defendant acknowledged the terms of the fee agreement by making payments for the professional services rendered by the Plaintiff. 6. Despite repeated demands, the Defendant has failed or refused to pay the amount outstanding. 7. As of August 3, 2009, there was a principal balance due in the amount of $7,823.94. A true and accurate copy of the August 3, 2009 invoice is attached hereto as Exhibit "B". 8. The fee agreement provides that interest will accrue at a rate of 1.5% per month after the first 30 days. 9. Plaintiff began assessing interest as of August 3, 2009. 10. As of the date of this Complaint, the total amount owed to Plaintiff is $8,555.04 11. Interest continues to accrue on the outstanding SAMIS, LINDSAY er URNETS•Ar uw 26 West High Street Carlisle, PA principal balance. 12. The amount in controversy is within the Cumberland County arbitration limits. 4 WHEREFORE, Plaintiff, Saidis, Flower & Lindsay, requests SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA that this Honorable Court enter judgment in their favor and against the Defendants, in an amount the amount of $8,555.04, plus interest, plus an award of costs and expenses for filing this suit. Date Z Z //u Respectfully submitted, SAIDIS, FLOWER & LINDSAY 7 , " Kel Pt n E. Kelso, Esquire orney I.D. No.: 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 5 VERIFICATION I verify that the statements made herein are true and FLOWER & LINDSAY ATTOMR^s•,uuw 26 West High Street Carlisle, PA 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 : 10 T Robert C. Saidis, Esquire 6 CERTIFICATE OF SERVICE I hereby certify that a copy of the Complaint was served this date via United States Mail, postage prepaid, addressed as follows: Dennis Zeigler 731 Zeigler Lane Enola, PA 17025 FLOWER & LINDSAY 1AW 26 West High Street Carlisle, PA Dated: ! /'? 2 //0 SAIDIS,,.FLOWER & LINDSAY on E. Kelso, Esquire 7 LAW OF171CES 200 SAIDIS, SHUFF, FLOWER & LINDSAY ?\ A PROFESSIONAL. CORPORATION JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY MATTHEW J. ESHELMAN t KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN M. SMITH 26 WEST H11-H STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@ssfl-law.com October 2, 2003 731 Zeigler Lane Enola, Pennsylvania 17025 Dear Mr. Zeigler: WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE You have asked our law firm to act as your attorneys. This letter sets forth the agreement concerning our representation of you. This agreement shall become effective upon our receipt of a countersigned copy of this letter and the retainer fee. We cannot undertake to do any work on your case until we receive this agreement letter signed by you and the retainer fee. You hereby agree to pay our firm a retainer fee of $1,000.00, which is paid to us for the purpose of assuring our availability in your matter. Your retainer fee will include the initial consultation and the balance will be credited to your account for services to be performed in the future. We will apply your retainer against time expended on your behalf, and at such time as that amount is exhausted, you will be billed regularly for additional time expended. We will ask you to replenish the retainer in an amount appropriate to the work remaining. 2. The basis for our fee is the amount of time spent on your matter. It is impossible to determine in advance the amount of time that will be needed to complete your case. Our billing is based on an hourly rate of $175.00 per hour. This hourly rate will prevail until December 31, 2003, after which, due to rising costs and overhead expenses, the hourly rate will be subject to increase in accordance with the then existing hourly rate schedule. We will bill you periodically on a time-expended basis. Although we do send itemized bills as a matter of course, we also maintain in our office records of time used for conferences, telephone calls, electronic communications, drafting documents, research, court time, and if necessary, travel time. These records will be available to you upon request. Fractions of hours are computed in period of not less than two-tenth (.02) of an hour and the interruption of other work is taken into consideration. If some of the work on your case can be done by a paralegal assistant or by a law clerk, whose hourly time rates are substantially lower than mine, to the extent that their time is utilized, the overall fee will be lower. You will not be billed for clerical or secretarial time. If it is necessary to prepare interrogatories, pleadings, agreements or similar legal documents on your behalf, there will be a base charge for such pleadings or agreements, plus an hourly rate for amendments and revisions. For the Mr. Dennis Zeigler October 2, 2003 Page 2 preparation of certain documents, you will be billed on a flat rate basis rather than a time expended basis. We expect you to keep current with our billings. We reserve the right to terminate our attorney-client relationship for non-payment of fees or costs. Interest shall accrue on all unpaid balances at the rate of 1.5% per month after 30 days. 4. "Costs" are our out-of-pocket expenses, such as filing fees, transcripts, photocopies, long distance phone calls and, if necessary, appraisais and accoutering fees. Costs will be billed a periodic basis. 5. PRIVACY POLICY: During this firm's representation of you, we may receive nonpublic, personal information from you or from other sources about you. It is our policy and practice that our attorneys and staff do not at any time reveal information relating to our representation of you unless you consent after consultation, except for disclosures that are impliedly authorized to carry out the representation, and except for disclosures required or authorized by the Pennsylvania Rules of Professional Conduct. 6. Please date and countersign this agreement and return the original to us, together with the retainer, in the enclosed return envelope, so that we will have a mutual memorandum of our understanding. You should retain the copy for your file. Very truly yours, SAIDIS, S-HUFF FLOWER & LINDSAY Kir S. So onage, Esquire KSS: ahg Enclosures ACCEPTED this day of C o C,- , 20 03. i z Dennis Zeigler CARLISLE OFFICE: 26 WEST mai STREET CARLISLE, PA 17013 TELEPHONE: (71.7) 243-6222 FACSIMILE: (717) 243-6486 August 3, 2009 Dennis Zeigler 731 Zeigler Lane Enola, PA 17025 RE: Lytle & Trump Balance forward as of invoice dated January 12, 2009 Payments received since last invoice Accounts receivable balance carried forward TIMEKEEPER RECAP Lawler Billing Summary Total of new charges for this invoice Plus net balance forward Our file# 5668 Invoice# 47781 REPLY TO CAMP HILL 031732 EIN: 25-1694606 $7,823.94 $0.00 $7,823.94 Hours Ammint $0.00 $7,823.94 Total balance now due $7,823.94 * * Trust account remaining balance is $0.00 PRIVACY POLICY: During this firms representation of you, we may receive nonpublic, personal information from you or from sources about you. It is our policy and practice that our attorneys and staff do not at any time reveal information relating to our representation of you unless you consent after consultation, except for disclosures that are impliedly authorized to carry out the representation, and except for disclosures required or authorized by the Pennsylvania Rules of Professional Conduct. SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 • FACSIMILE: (717) 737-3407 EMAIL: attorney@sfl-law.com www.sfl-law.com Interest at 1 1/2% per month on unpaid balance after 30 days. Saidis, Flower & Lindsay, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-361 Dennis Zeigler, : CIVIL ACTION Defendant C_ C:) O s T'1 To: Dennis Zeigler ;T?' -'n 731 Zeigler Lane C;u Enola, PA 17013 ': ? co ,. m, r Date of Notice: February 18, 2010 M? IMPORTANT TEN DAY NOTICE --j 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 JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGBILE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania Telephone number (717) 249-3166 Respectfully submitted, SAIDIS, FLOWER & LINDSAY nnomv?•?ruw 26 West High Street Carlisle, PA SAIDIS, FLO R & LINDSAY B Y• n E. Kelso, Esquire ttorney ID No. 209107 Saidis, Flower & Lindsay Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 CERTIFICATE OF SERVICE On this 18th day of February, 2010, I, Jason E. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing Ten Day Notice of Intention upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. SAIDIS, FLOWER & LINDSAY ar1? ?? Jas . Kelso, Esquire 06mey ID No. 209107 aidis, Flower & Lindsay Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 RECIPIENT(S): Dennis Zeigler 731 Zeigler Lane Enola, PA 17013 (Defendant) SAMIS, FLOWER & LINDSAY nrrowqEYs-Ai uw 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~• NO. 2010-361 DENNIS ZEIGLER, CIVIL ACTION rn N .., Defendant : `-- ~ ~ I~' -,~, ---~ ~. _ rte-, -~ ~., _ e~ i~~~. Vii,, n~ -nom ~~ l`'- ' nf3 1} 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 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 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) digs despues de la notificacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que se usted falls de tomar accion como se describe anteriormente, el case puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dicado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTGED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 2 SAIDIS, FLOWER & LINDSAY, Plaintiff v. DENNIS ZEIGLER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-361 CIVIL ACTION DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes Dennis Zeigler, Defendant, by and through his attorneys, the Law Offices of Leslie David Jacobson, who files the following Answer to Plaintiff's Complaint, and in support thereof, states the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Defendant has made payment for the professional services rendered by the Plaintiff. It is denied that Defendant has in any way acknowledged an outstanding principal balance. By way of further response, Defendant has always paid his invoice when due; at the time of termination of the attorney-client relationship, Defendant paid the outstanding principal balance owed to Plaintiff. 6. Admitted in part and denied in part. It is admitted that Plaintiff has made repeated demands. It is denied that Defendant has any outstanding balance owing to Plaintiff. 7. Denied. It is denied that as of August 3, 2009 there was a principal balance due in the amount of $7,823.94. It is further denied that Exhibit "B" is proof that Defendant has a principal balance due in the amount of $7,823.94. 8. Admitted. 3 9. Defendant lacks knowledge or information sufficient to form a belief as to the truth of Paragraph 9. 10. Denied. It is denied that Defendant owes Plaintiff $8,555.04. 11. Denied. It is denied that Defendant has an outstanding principal balance with Plaintiff. 12. Paragraph 12 of the Complaint contains legal assertions or conclusions to which no responsive pleading is required. To the extent a response is deemed required, the allegations are denied. WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court dismiss Plaintiff's Complaint with prejudice and award such other relief as the Court deems just and appropriate. NEW MATTER 13. Paragraphs 1 through 13 of Defendant's Answer are hereby incorporated by reference. 14. In or around June of 2008, Defendant terminated the attorney-client relationship with Plaintiff over concerns he had regarding billing. 15. Defendant was informed that he had an outstanding bill of approximately $10,000.00. 16. Defendant promptly paid this amount. 17. Defendant has a history of paying his outstanding legal bills with Plaintiff in a timely manner. 18. In or around January of 2009, Defendant contacted the Disciplinary Board of the Supreme Court of Pennsylvania over his concerns regarding a fee dispute with Plaintiff. 4 19. Shortly thereafter, Defendant received an additional bill from Plaintiff in the amount of $7,823.94. WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court dismiss Plaintiff's Complaint with prejudice and award such other relief as the Court deems just and appropriate. DEFENDANT. DENNIS ZEIGLER'S COUNTERCLAIM AGAINST PLAINTIFF SAIDIS. FLOWER & LINDSAY 20. Paragraphs 1 through 19 of Defendant's Answer are hereby incorporated by reference. 21. On June 15, 2006, Defendant sustained serious injuries as the result of a car running a red light and striking Defendant's motorcycle. 22. As a result of this accident, Defendant was hospitalized at Hershey Medical Center for two weeks. 23. Thomas E. Flower, acting as agent for Plaintiff, visited Defendant in the hospital on several occasions over that two week period. 24. Attorney Flower offered to represent Defendant in his personal injury claim. 25. Defendant informed Attorney Flower continuously that he would only agree to representation on an hourly fee basis, not a contingent fee basis. 26. Defendant believed Attorney Flower's hourly rate to be $175.00. 27. Defendant was not interested in prolonged litigation for his personal injury claim and informed Attorney Flower that he would accept any insurance settlement offer that was fair, thus, Attorney Flower would not expend much time or effort on this matter. 28. Defendant believed an hourly fee arrangement would be more appropriate under the circumstances, since there was no dispute regarding liability. 29. Attorney Flower, agreed to take Defendant's case on an hourly fee basis. 30. In or around June of 2008, Defendant accepted a settlement offer for his injuries he suffered in the motorcycle accident. 31. Attorney Flower stated his fee would be $11,000.00 based on his time spent on the matter. 32. Defendant believed this amount was high for the work performed; but nevertheless agreed to pay this amount out of the settlement. 33. Later, Attorney Flower went to Defendant's home to discuss the fee. 34. At this meeting, Attorney Flower informed Defendant that he was expecting a contingent fee. 35. The settlement offer was for $362,500.00; of this amount, Defendant received $250,000.00 and Attorney Flower received $70,366.75. A true and correct copy of a Disbursement Memo and the settlement checks are attached hereto as Exhibit A. 36. Defendant objected to this fee agreement immediately stating that Attorney Flower was to be paid on an hourly basis, not a contingent basis. 37. Attorney Flower produced a fee agreement showing a contingent fee arrangement; however, Defendant has no recollection of ever reading or signing this form. A true and correct copy of the fee agreement is attached hereto as Exhibit B. 38. Defendant believes, and therefore avers, that Attorney Flower misrepresented and/or coerced Defendant into signing the fee agreement. 39. Attorney Flower was aware that Defendant was heavily medicated and as such, his mental capacity was limited. 40. Further, Attorney Flower was aware that Defendant had a limited ability to read and comprehend documents. 6 COUNTI-FRUAD 41. Paragraphs 1 through 40 of Defendant's Answer are hereby incorporated by reference. 42. Defendant, on numerous occasions, informed Attorney Flower that he would not agree to a contingent fee agreement; only an hourly fee agreement. 43. Attorney Flower made affirmative representations that an hourly fee agreement was acceptable. 44. Attorney Flower performed a limited amount of work on Defendant's behalf. 45. Defendant would not have hired Attorney Flower had he not accepted the hourly fee agreement; therefore, Attorney Flower's representations were material. 46. In light of the previous relationship, Defendant justifiably relied upon Attorney Flower's representations. 47. Attorney Flower's representations turned out to be false in that he coerced or fraudulently induced Defendant to sign Exhibit B and he then took a percentage of Defendant's settlement amount for his fee. 48. It is believed, and therefore averred, that Attorney Flower never intended to honor an hourly fee agreement with Defendant. 49. Defendant had no reason to know that Attorney Flower would not honor the hourly fee agreement and instead enforce the fraudulently obtained contingency fee agreement upon Defendant. 50. As a result of Attorney Flower's conduct, Defendant has been damaged in the amount of $59,366.75. 7 WHEREFORE, Defendant, Dennis Zeigler, demands judgment against Plaintiff, Saidis, Flower & Lindsay in the amount of $59,366.75 plus costs and reasonable attorney fees, and for whatever other relief the Court deems just and appropriate COUNT II -BREACH OF CONTRACT 51. Paragraphs 1 through 50 of Defendant's Answer are hereby incorporated by reference. 52. Plaintiff and Defendant entered into a valid and enforceable oral contract whereby Plaintiff agreed to represent Defendant for his personal injury claim on an hourly fee basis. 53. Upon conclusion of the representation, Plaintiff informed Defendant that the total hourly fee would be $11,000.00. 54. Later, Plaintiff took a contingent fee of $70,366.75 based on Defendant's settlement proceeds. 55. Plaintiff has breached its obligations under the contract by failing to adhere to the hourly fee agreement and instead taking a contingent fee out of the settlement proceeds. 56. Plaintiff s actions constitute a breach of contract and entitle defendant to damages. 57. As a result of Plaintiff's breach, Defendant has been damaged in the amount of $59,366.75. 58. Defendant has performed all of his obligations under the contract with Plaintiff. WHEREFORE, Defendant, Dennis Zeigler, demands judgment against Plaintiff, Saidis, Flower & Lindsay in the amount of $59,366.75 plus costs and reasonable attorney fees, and for whatever other relief the Court deems just and appropriate COUNT III -UNJUST ENRICHMENT/QUANTUM MERUIT 59. Paragraphs 1 through 58 of Defendant's Answer are hereby incorporated by reference. 8 60. Defendant conferred a benefit on Plaintiff by hiring Plaintiff to represent him in his personal injury claim. 61. Plaintiff agreed to accept an hourly fee agreement for its services in connection with this claim. 62. Plaintiff misrepresented to Defendant that it would accept an hourly fee agreement and instead expected a contingent fee from Defendant's settlement proceeds. 63. To his Detriment, Defendant relied on Plaintiff's promise to accept an hourly fee agreement. 64. It is believed and therefore averred that Plaintiff never intended to accept an hourly fee agreement with Defendant. 65. It is inequitable for Plaintiff to retain the benefit of Defendant's funds when the parties agreed to an hourly fee agreement. 66. It is further inequitable for Plaintiff to retain the benefit of Defendant's funds considering the limited amount of work Plaintiff performed on Defendant's personal injury case. 67. Defendant was informed by Plaintiff that the total hourly fee would be $11,000.00. 68. This sum represents the reasonable value of Plaintiff's services to Defendant. 69. Later, Plaintiff took a contingent fee of $70,366.75 based on Defendant's settlement proceeds. 70. Defendant has been damaged in the amount of $59,366.75. 71. Plaintiff will be unjustly enriched if not required to refund to Defendant the $59,366.75 excess legal fee. 9 WHEREFORE, Defendant, Dennis Zeigler, demands judgment against Plaintiff, Saidis, Flower & Lindsay in the amount of $59,366.75 plus costs and reasonable attorney fees, and for whatever other relief the Court deems just and appropriate. Dated: ,~ U Respectfully Submitted, co cPart and Attorney I.D. No.: 209669 Leslie David Jacobson Attorney I.D. No.: 52673 Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 10 VERIFICATION I, Dennis Zeigler, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~~ ~d By: De is Zeigler Exhibit A Memo 06/10/08 R.e: Disbursements from Dennis Zeigler Settlement Proceeds Paid. by Westfield Insurance 112,500.00 Paid by Harleysville Insurance 250.000.00 Total Settlement: 362,500.00 Prior disbursement to Denny Zeigler: (50,000.00) Subtotal: 312,500.00 Checks to be disbursed: Den*~is c3. Zeigler ~ Ingenix Subrogation Services: MSHMC Physicians C7roup: Heritage Medical Group: Expenses advanced by SF&L: SF&L :fees: 200,000.00 40,191.02 1,392.07 15.00 535.16 70,36.?S (original claim of 50,238.77 less 20%>) (19.41%) 00.00 ..' ~ • . .. • - - - JPM'gRGAN CHASE'BANK,N:A. - `I 4 GQLLIMBU$, Q1'I 96.13dd./ 44~~ PREFIX CLAIM NUMBER ~~ S T F I E L D ~ I N S t3 RA N C E DATE MAY .21, ZQfl9 ~+ ! ~' I R CAG' 1666223 .~: $hanng Knowledge.Buildiny lrust~ CT> DATE OF :LOSS OCC. ' POLICY SYMBOL AND NUMBER TAX i:D. OF FEDERAL J.D. NO. 6115106 A CA6 1666223 251694606 PAY FOR $@t~ ~ @it1911t ~ 112,500.00 d PAY 0ME i#UNDR£D TWELVE THOUSAND ~FIYE 4iUNDR~D ,AND NOIlA~1 DOLLARS ~I PAl' TO THE J oR»E~o>~ DBnniS Zeller and Insured: ~#ATTH5~1:-R .BATT~RSBY SAIDIS. SLOWER ~ LINDSAY ~1ai~~nent: ~~~n~s ~~1e~ -~'~~, ~~;: ,~;~ ,,. 1 19 ;, - - AUTH©HIZED SI~ MATURE ~ ~:~~. 'AL9: N3 ~, ,:. - II'90 L04001~ x:044 ~ ~ 544 31: 6606 ~04941I' >- G a ~ W ~ ~ L ~. ~ G ~ u LL' G F C Lv C U ~. S~ W LL - ,- - If J T ~ G 1 4 t" a `{ G W w e~~ Z F G --'_` F ~ ¢ ~ ~ 5 L wCCC. W J w ~ m - rG WNfi u2~ W O ~ ~UD_ ~ ~ `~~o Qz=~o~ W W y w-w J O _CI~mU W a o =~~r woe <o~z I r j I ~ ~ I i I I I ~ I ~ ~ I j i 1 I'~ ! I ~ I I ~ ~ ~ I I ! I I ~ ~ I I ~ I ( ~ ~ ~ I i v l I ~ ~ I I ~, '' i I I ~ I I ~ I ~ ~ I j j ~ j ~ % '~ I ~f ~. I I ~ ~ , I ~ '; i I W I i ~ i I ~ ~ I ~ ' . ~ ~ ,~'I ~I I ~ z U - W I ' ~ ~ I I ~ ~ i I I ~ ~ ~`~ ~i , 1/~1; _~ V ~/ ` /~ V1 S ~' ~/ U N R C N N ~ C 1~ ~'. tL 1~ G G~ C N N I ~ l% i h [C P.~ C. I ~- N (n ~ ~ N N N N N N N fJ N (~. 1 N M' ~ f7 ; ~ iJa 'n SAIDIS, FLOWER & LINDSEY w IOLTA ACCOUNT ~ ^ -.. Pennsylvania5tateBank CAMP HILL, PA 17011 Q ~ ~ w ~ ~ ~~~ a ~" ~ TOTAL TOTAL {tt --~ ~ L l o ~~ ^, _i ITEPAS DEPOSlT 6O L-'°~t ~~^- ~: U 3 l ~ U~ 4 4 'r ~: y 1 5 U U 1~ i~ 'r II' i i U Pennsylvania State Bank A Division of BLC BarJc, N.A. ^ CHECKING DEPOSIT ^ SAVINGS DEPOSIT ^ SAVINGS WITHDRAWAL ^ IRA CERTIFICATE ^ CERTIFICATE OF DEP. TRANSACTION RECEIPT Deposited funds may not be available for immediate withdrawal. NAME: ^ INSTALLMENT ^ TAX DEPOSIT ^ COMMERCIAL LOAN ^ LOAN FEES ^ MORTGAGE PAYMENT ^ SAFE DEPOSIT ^ LINE OF CREDIT ^ NOTARY ^ OTHER: f3~ ~~~ 9~ s~o~~#a~.sa ~i~^sr~n.ao ~ ~.~~oo.~^i~# r HARLEYSVL _E PREFERRED INSURANCE C~ APANY SAIDIS FLOWER AND 2109 MARICfT ST CAMP HTL:L LINDSAY PC PA 17011 CLA1M`NUMBER A -MO-665332-U CLAIMS CLAIM :NUMBER 15SUE DATE CHECK NUMBER CHECK J~MOUNT INSURED CLAIMANT; SERVICE PRO~IDI=R 20 7b:127 A -MD-6°65332-,U POLICY'NUMBER 0 6 l D 5 /0 8 EXPIRATION 'DATE Cfi671847 LOSS ;DATE $~~~2fi'D , 0.0'.0.:.0.0 AiGENT"NUMBER MATTHEW~R BATTERSBY,° DE"NNIS' Zi=3GLER SA'i.DIS FLDWE~R & LINDSAY PC 21;09 MARKET ST CAMP HILL PA 17011 PAA 210911 04/26/2D07 06/.1.5/2:006 71-0690 LRS #2 516'9 46 D 6 •'~ Exhibit B n...-~--~.. ~'~ ~ JOl-IN E. SLIIhE P.OBER9' C. SAIDIS ,. JAMES D. FLOWEP., JR CAP.OL J. LINDSAY 1vI]CHAEL L. SOLOMON BRIAN C. CAFFP~E1' GEORGE F. DOUGLAS, IIl TI-IOMAS E. PLO WEP. MARYLOU MATAS SUZANNE C. HIXENBAUGH LAV1' OF1~1CE5 SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET' STREET CAMP HILL, PENNSYLVANIA 17011 TELEPI-IONE: (717) 737-3405 -FACSIMILE: (717) 737-3407 EMAIL: tflowerGsfl-law.com wwti~.sfl-law.com August S, 2006 1Vi1-. Delmis Zeigler 731 Zeigler Lane Enola, PA 17025 Re: Personal Injury Claim Dear Denny: CARLISLE OFFICE: 26 WEST' HIGH STP`EET CARLISLE, PA 1.7013 TELEPHOI~TE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL This letter is intended to confirm our mutual understanding of the basis for our law firm's fees in this matter. After reviewing this letter, if the terms are satisfactory to you, kindly sign the copy and return it to us in the stamped, addressed envelope which you will fmd enclosed. The basis for our fee in this matter will be twenty (20%) percent of any amounts recovered by you as damages in settlement of your personal injury claim, including pain and suffering, as a result of you motor cycle accident. As we discussed, because we anticipate that the other driver's liability for the accident will not be disputed, this fine has agreed to reduce its standard contingent fee (33-1/3 % or 40%, after listing for trial) to the percentage stated above. In addition, our managing partner has agI-eed to review our fee, upon completion of this matter, to consider any reduction. that may be appropriate, in the event the insurance companies agree to pay their polic}' limits, without further ado, upon review of your medical records. Consideration will be given to the risks taken on by this firm, and to the deferral of our fee until the conclusion of the matter, rather than our usual policy of collecting fees prompt]}' by regular monthly billing. i ,. Please do not hesitate to contact me if you have al~y questions or need clarification concerning anything contained in this letter. Very truly yours, SAIDIS, SI-NFF, FLOWER & LWDSAY C~~ Thomas E. Flower Accepted by: r ;' .~ _ Date: August , ?006 ~''~%~~//~~ ' ~-_,.__, Dennis B. Zeigler SAIDIS, FLOWER & LINDSAY, Plaintiff v. DENNIS ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-361 CIVIL ACTION 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: VIA HAND DELIVERY Jason E. Kelso, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DATED:~~~~~p Scott McPartland Attorney for Defendant 11 ~'_E_},~ _ ,~ -;~ ~, ~w ~,, f : ~,,,,-~ Y ,.~ ,~ ~ , 2010 NE,~ 17 ~~` ~~ ~ 3 ~ liU~d~ ''',y.. w~,ut~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAIDI5, FLOWER & LINDSAY Plaintiff No. 2010-361 vs. DENNIS ZEIGLER, Defendant CIVIL ACTION PLAINTIFF'S REPLY TO NEW MATTER AND PRELIMINARY OBJECTIONS TO COUNTERCLAIM AND NOW, comes the Plaintiff, Saidis, Flower & Lindsay, by and through its attorneys, Saidis, Flower & Lindsay and hereby responds as follows to Defendant's New Matter and Counterclaim: Reply to New Matter 13. Plaintiff hereby incorporates by reference paragraphs 1 - 12 of its Complaint. 14. Denied. Plaintiff believes and therefore avers that in and around September of 2008 Defendant decided that he did not want to proceed further on his private road case for reasons having nothing to do with any concerns about billing. Defendant directed counsel to discontinue the pending proceedings, and incident to this decision, the attorney-client relationship wound down and eventually ended. In further response thereto, the private road case at issue in Plaintiffls Complaint is separate and distinct from representation regarding Defendant's personal injury action described in Defendant's Counterclaim. 15. Denied. In and around May, 2008, Defendant had accumulated an outstanding account receivable in excess of $13,000, a sum which had been outstanding since late 2007. In and around May, 2008, Defendant received a significant sum in settlement of a personal injury claim. Plaintiff therefore requested Defendant to make an interim payment of $10,000 to reduce the outstanding balance of his overdue account on the private road case. Defendant was not advised that $10,000 would pay his account in full at that time. 16. Denied as stated. Defendant paid $10,000 in and around May 30, 2008 to reduce his outstanding account. Plaintiffs response to paragraph 15 is hereby incorporated by reference. 17. Denied. Defendant's account payment history was sporadic, at best. At times he would pay invoices promptly. At other times, he would not pay promptly, and would allow invoices to go unpaid for months. 18. Admitted in part and denied in part. It is admitted that Defendant contacted the Disciplinary Board regarding a fee dispute involving Thomas E. Flower, Esq., an attorney employed by Plaintiff. However, that contact occurred no later than the first week of November, 2008, not in January, 2009. In further response, Plaintiff's Complaint was dismissed. 19. Denied. On or about January 12, 2009, Plaintiff sent Defendant an invoice for $5,071.72 of unbilled charges and expenses; the invoice also included a statement of the long-standing overdue account balance (after application of the March 30, 2008 payment) of $3,202.00, and further reflected a credit of $450.00 due to application of a sum paid by Plaintiff but not previously applied. WHEREFORE, Plaintiff demands judgment in its favor as set forth in its Complaint. PRELIMINARY OBJECTIONS TO COUNTERCLAIM 1. On or about January 22, 2010, Plaintiff filed a Complaint in the above-captioned matter. 2. On or about February 25, 2010, Defendant filed an Answer with New Matter and Counterclaim in the above-captioned matter. I. PRELIMINARY OBJECTION -- FAILURE TO STATE A CLAIM IN DEFENDANT'S COUNTERCLAIM COUNTI 3. Plaintiff incorporates by reference the averments in Paragraphs 1 through 2 above, as if set forth herein at length. 4. Pursuant to Pa. R.C.P. 1028(a)(4), a parry may preliminary object to a pleading for legal insufficiency (demurrer). 5. In Count I of Defendant's Counterclaim, captioned "Fruad" (sic), Defendant alleges that he relied upon oral representations by Attorney Thomas E. Flower on behalf of Plaintiff, which allegedly "coerced" or "fraudulently induced" him into signing a written fee agreement. 6. Defendant has attached as Exhibit "B" to his Answer, New Matter and Counterclaim a written contingent fee agreement dated August 8, 2006, signed by Defendant. 7. Under Pennsylvania law, where the assertions put forth by one party are specifically contradicted by the written agreement, parol evidence is admissible only to prove fraud in the execution, not the inducement, of the contract. 8. Exhibit "B" of Defendant's Answer, New Matter and Counterclaim is a valid contingent fee agreement signed by the Defendant on August 8, 2006, wherein the Defendant acknowledged that Plaintiff's representation would be on a contingent fee basis. 9. Defendant has failed to allege any facts sufficient to support a claim of fraud in the execution of the contingent fee agreement. 10. Therefore, Plaintiff preliminarily objects to Count I of Defendant's Counterclaim on the grounds that it fails to state a claim for fraud. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant this preliminary objection by way of demurrer and dismiss Count I of Defendant's Counterclaim. II. PRELIMINARY OBJECTION -FAILURE TO STATE A CLAIM IN DEFENDANT'S COUNTERCLAIM f''(1TTNT TT 11. Plaintiff incorporates by reference the averments in Paragraphs 1 through 10 above, as if set forth herein at length. 12. In Count II of Defendant's Counterclaim, Defendant purports to assert a cause of action labeled "Breach of Contract." 13. On August 8, 2006, Plaintiff and Defendant memorialized in a written document their understanding of the fee arrangement, and entered into a written contingent fee agreement which the Defendant has himself identified (while disclaiming a recollection of ever reading or signing it) and attached as Exhibit "B" to his Answer, New Matter and Counterclaim 14. Under Pennsylvania law, all preliminary negotiations, conversations and verbal agreements are merged in and superseded by a subsequent written contract, and unless fraud, accident or mistake is averred, the writing constitutes the agreement between the parties. 15. As Plaintiff has previously pointed out, Defendant has failed to allege any facts sufficient to support a claim of fraud in the execution of the contingent fee agreement. 16. Plaintiff preliminarily objects since there can be no claim for breach of an alleged oral contract when the Defendant subsequently entered into and signed a contrary written contract covering the same subject matter, so that Count II fails to state a claim upon which relief can be granted. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant this preliminary objection by way of demurrer and dismiss Count II of Defendant's Counterclaim. III. PRELIMINARY OBJECTION -FAILURE TO STATE A CLAIM IN DEFENDANT'S COUNTERCLAIM COUNT III 17. Plaintiff incorporates by reference the averments of Paragraph 1 through 16 above, as if set forth herein at length. 18. Count III of Defendant's Counterclaim purports to set forth a cause of action based on "Unjust Enrichment/Quantum Meruit." 19. Under Pennsylvania law, a court may not make a finding of unjust enrichment/quantum meruit where a written or express contract exists between the parties. 20. Plaintiff and Defendant entered into a valid written contingent fee agreement on August 8, 2006, a copy which is attached by Defendant himself as Exhibit "B" to his Counterclaim. 21. Therefore, Plaintiff preliminarily objects to Count III of the Defendant's Counterclaim on the grounds that it fails to state a claim against the Plaintiff for unjust enrichment/quantum meruit. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant this preliminary objection by way of demurrer and dismiss Count III of Defendant's Counterclaim. IV. PRELIMINARY OBJECTIONS TO COUNTERCLAIM INSUFFICIENT SPECIFICITY 22. Plaintiff incorporates by reference the averments in Paragraphs 1 through 21 above, as if set forth herein at length. 23. This Preliminary Objection based on insufficient specificity is asserted in the alternative in the event Counts I, II or III of the Counterclaim are not dismissed for failure to state a claim. 24. Pursuant to Pa. R.C.P. 1028(a)(3), a party may preliminary object to a pleading for insufficient specificity. 25. In Paragraph 29 of Defendant's Counterclaim, Defendant fails to state when, how, and where Attorney Flower allegedly agreed to undertake representation of Defendant's motorcycle personal injury case on an hourly fee basis. 26. In Paragraphs 31, 32, 33 and 34 of Defendant's Counterclaim, Defendant fails to identify a time frame or any other particular information as to when the alleged challenged conduct occurred. 27. In Paragraph 38 of Defendant's Counterclaim, Defendant fails to allege any actions by Attorney Flower to indicate how or under what circumstances anything was misrepresented to him or how Defendant was "coerced" into signing the fee agreement. 28. In Paragraph 42 of Defendant's Counterclaim, Defendant alleges that he informed Attorney Flower "on numerous occasions" that he would not agree to a contingent fee agreement, but Defendant fails to allege when and where these numerous occasions occurred. 29. In Paragraph 43 of Defendant's Counterclaim, Defendant alleges that "Attorney Flower made affirmative representations that an hourly fee would be acceptable." 30. The aforementioned Paragraph fails to allege when and where these affirmative representations allegedly occurred. 31. In Paragraphs 47 and 48 of Defendant's Counterclaim, Defendant claims that Attorney Flower "coerced or fraudulently induced" Defendant to sign the contingent fee agreement; however, Defendant fails to allege with particularity what actions Attorney Flower allegedly took to obtain Defendant's signature on the August 8, 2006 contingent fee agreement nor any other facts to support any allegations of fraud. 32. In Paragraph 61 of Defendant's Counterclaim, Defendant alleges that Plaintiff agreed to "accept an hourly fee agreement for its services in connection with this claim," but fails to allege with particularity when and where this alleged contract was entered into. 33. In Paragraph 62 of Defendant's Counterclaim, Defendant alleges that "Plaintiff misrepresented to Defendant that it would accept an hourly fee agreement ..." but fails to allege with particularity the time, place, and circumstances of the alleged misrepresentation. 34. The factual underpinnings of all three (3) counts of the Counterclaim pertain to alleged fraud and misrepresentation that caused Plaintiff to enter into a written contingent fee agreement. 35. Pursuant to Pa. R.C.P. 1019(b), allegations concerning fraud must be "averred with particularity." 36. Defendant's failure to plead specific facts regarding the alleged fraud upon which his causes of action are based does not allow Plaintiff to answer or prepare a defense and Defendant should be required to file a more specific pleading. WHEREFORE, in the event that the Court fails to dismiss all three (3) Counts of the Counterclaim for failure to state a claim, Plaintiff, Saidis, Flower & Lindsay, respectfully requests in the alternative that this Honorable Court order Defendant to plead with the requisite degree of specificity those facts regarding alleged fraud and misrepresentation referenced in paragraphs 29, 31 through 34, 38, 42, 43, 47, 48, 61 and 62 of Defendant's Counterclaim. Respectfully submitted, 1., ~ 2010 Date SAIDIS, FLOWER & LINDSAY By: ~~ d-~-~-t ~- * Daniel L. Sullivan Attorney I.D. 34548 Jason E. Kelso Attorney I.D. 209107 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff VERIFICATION I, Robert C. Saidis hereby verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge 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. Dated: 3 ~ ~ ~ i t D ,2010 CERTIFICATE OF SERVICE AND NOW, March ~ ~ , 2010, I, Daniel L. Sullivan, Esquire, hereby certify that I did serve a true and correct copy of the Plaintiff s Reply to New Matter and Preliminary Objections to Counterclaim upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Scott McPartland Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 Daniel L. Sullivan, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 Ph 717-737-3405 f -` $ SAIDIS, FLOWER & LINDSAY, Plaintiff v. DENNIS ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-361 CIVIL ACTION C'3 ~ .~ ~, n ~3 ~,- _ ["' Vj ~:y: "` 'w~ ~ L~ ~4.) ter.; ~~ t~-~ NOTICE `~ ~" ~ ~~ <~` YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims setrthdxi the following pages, you must take action within twenty (20) days after this Complaint and No~fi'ce 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 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) digs despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que se usted falla de tomar accion como se describe anteriormente, el case puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dicado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTGED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 2 SAIDIS, FLOWER & LINDSAY, Plaintiff v. DENNIS ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-361 CIVIL ACTION DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes Dennis Zeigler, Defendant, by and through his attorneys, the Law Offices of Leslie David Jacobson, who files the following Answer to Plaintiff's Complaint, and in support thereof, states the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Defendant has made payment for the professional services rendered by the Plaintiff. It is denied that Defendant has in any way acknowledged an outstanding principal balance. By way of further response, Defendant has always paid his invoice when due; at the time of termination of the attorney-client relationship, Defendant paid the outstanding principal balance owed to Plaintiff. 6. Admitted in part and denied in part. It is admitted that Plaintiff has made repeated demands. It is denied that Defendant has any outstanding balance owing to Plaintiff. 7. Denied. It is denied that as of August 3, 2009 there was a principal balance due in the amount of $7,823.94. It is further denied that Exhibit "B" is proof that Defendant has a principal balance due in the amount of $7,823.94. 8. Admitted. 3 9. Defendant lacks knowledge or information sufficient to form a belief as to the truth of Paragraph 9. 10. Denied. It is denied that Defendant owes Plaintiff $8,555.04. 11. Denied. It is denied that Defendant has an outstanding principal balance with Plaintiff. 12. Paragraph 12 of the Complaint contains legal assertions or conclusions to which no responsive pleading is required. To the extent a response is deemed required, the allegations are denied. WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court dismiss Plaintiff's Complaint with prejudice and award such other relief as the Court deems just and appropriate. NEW MATTER 13. Paragraphs 1 through 12 of Defendant's Answer are hereby incorporated by reference. 14. In or around June of 2008, Defendant terminated the attorney-client relationship with Plaintiff over concerns he had regarding billing. 15. At that time, Defendant was informed that he had an outstanding bill of approximately $10,000.00. 16. Defendant promptly paid this amount. 17. Defendant has a history of paying his outstanding legal bills with Plaintiff in a timely manner. 18. In or around January of 2009, Defendant contacted the Disciplinary Board of the Supreme Court of Pennsylvania over his concerns regarding a fee dispute with Plaintiff. 4 19. Shortly thereafter, Defendant received an additional bill from Plaintiff in the amount of $7,823.94. WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court dismiss Plaintiff's Complaint with prejudice and award such other relief as the Court deems just and appropriate. DEFENDANT, DENNIS ZEIGLER'S AMENDED COUNTERCLAIMS AGAINST PLAINTIFF SAIDIS, FLOWER & LINDSAY 20. Paragraphs 1 through 19 of Defendant's Answer are hereby incorporated by reference. 21. On June 15, 2006, Defendant sustained serious injuries as the result of a car running a red light and striking Defendant's motorcycle. 22. As a result of this accident, Defendant was hospitalized at Hershey Medical Center for two weeks. 23. Thomas E. Flower, acting as agent for Plaintiff, visited Defendant in the hospital on several occasions over that two week period. 24. During this time, Attorney Flower offered to represent Defendant in his personal injury claim. 25. Every time Attorney Flower offered to represent Defendant for his injuries, Defendant informed Attorney Flower that he would only agree to representation on an hourly fee basis, not a contingent fee basis. 26. Defendant believed Attorney Flower's hourly rate to be $175.00. 27. Defendant was not interested in prolonged litigation for his personal injury claim and informed Attorney Flower that he would accept any insurance settlement offer that was fair; thus, Attorney Flower would not expend much time or effort on this matter. 5 28. Defendant believed an hourly fee arrangement would be more appropriate under the circumstances, since there was no dispute regarding liability. 29. Upon Defendant being discharged from Hershey Medical Center, Attorney Flower visited Defendant at his home and verbally agreed to take Defendant's case on an hourly fee basis. 30. In or around June of 2008, Defendant accepted a settlement offer for his injuries he suffered in the motorcycle accident. 31. At this time, attorney Flower stated his fee would be $11,000.00 based on his time spent on the matter and asked Defendant if this seemed fair. 32. Defendant believed this amount was high for the work performed; but nevertheless agreed to pay this amount out of the settlement proceeds. 33. Attorney Flower, in or around July of 2008, for the first time informed Defendant that he was expecting a contingent fee for the work he had performed on Defendant's case. 34. The settlement offer was for $362,500.00; of this amount, Defendant received $250,000.00 and Attorney Flower took $70,366.75. A true and correct copy of a Disbursement Memo and the settlement checks are attached hereto as Exhibit A. 35. Defendant objected to this fee agreement immediately stating to Attorney Flower that he was to be paid on an hourly basis, not a contingent basis. 36. Attorney Flower produced a fee agreement showing a contingent fee arrangement; however, Defendant has no recollection of ever reading or signing this form. A true and correct copy of the fee agreement is attached hereto as Exhibit B. 37. Defendant believes, and therefore avers, that Attorney Flower misrepresented and/or coerced Defendant into signing the fee agreement by not disclosing the true contents thereof. 6 38. Attorney Flower did not provide an opportunity for Defendant to review the documents Defendant was signing. 39. Attorney Flower insisted that Defendant sign documents quickly as he indicated what the document supposedly contained. 40. Defendant believes, and therefore avers, that Attorney Flower was not truthful in describing the documents that Defendant was signing; thereby fraudulently obtaining Defendant's signature executing the fee agreement. 41. Attorney Flower was aware that Defendant was heavily medicated and as such, his mental capacity was limited. 42. Further, Attorney Flower was aware that Defendant had a limited ability to read and comprehend documents. COUNTI-FRAUD 43. Paragraphs 1 through 42 of Defendant's Answer are hereby incorporated by reference. 44. Defendant, on numerous occasions, both while Defendant was recovering in the hospital and shortly thereafter at Defendant's home, informed Attorney Flower that he would not agree to a contingent fee agreement; only an hourly fee agreement. 45. Attorney Flower made affirmative representations to Defendant while he was at Hershey Medical Center and upon his return home that an hourly fee agreement was acceptable. 46. These representations constituted a verbal contract between Defendant and Attorney Flower. 47. Attorney Flower performed a limited amount of work on Defendant's behalf. 48. Defendant would not have hired Attorney Flower had he not accepted the hourly fee agreement; therefore, Attorney Flower's representations were material. 7 49. In light of the previous relationship, Defendant justifiably relied upon Attorney Flower's representations that he would accept an hourly fee agreement. 50. Attorney Flower's representations concerning the contemporaneous oral contract turned out to be false in that he coerced or fraudulently induced Defendant to sign and execute Exhibit B by not disclosing the true contents thereof; Attorney Flower then took a percentage of Defendant's settlement amount for his fee. 51. Over the course of the relationship between Defendant and Attorney Flower, Defendant signed numerous documents, at the request of Attorney Flower, in which he was not aware or informed of the contents thereof. 52. Defendant believes, and therefore avers, that Attorney Flower fraudulently obtained Defendant's signature on Exhibit B by not informing Defendant of the true contents of that document. 53. It is believed, and therefore averred, that Attorney Flower never intended to honor an hourly fee agreement with Defendant. 54. Defendant had no reason to know that Attorney Flower would not honor the hourly fee agreement and instead enforce the fraudulently obtained contingency fee agreement upon Defendant. 55. As a result of Attorney Flower's conduct, Defendant has been damaged in the amount of $59,366.75. WHEREFORE, Defendant, Dennis Zeigler, demands judgment against Plaintiff, Saidis, Flower & Lindsay in the amount of $59,366.75 plus costs and reasonable attorney fees, and for whatever other relief the Court deems just and appropriate 8 COUNT II -BREACH OF CONTRACT 56. Paragraphs 1 through 55 of Defendant's Answer are hereby incorporated by reference. 57. Plaintiff and Defendant entered into a valid and enforceable oral contract whereby Plaintiff agreed to represent Defendant for his personal injury claim on an hourly fee basis. 58. Upon conclusion of the representation, Plaintiff informed Defendant that the total hourly fee would be $11,000.00. 59. Later, Plaintiff took a contingent fee of $70,366.75 out of Defendant's settlement proceeds based on a fraudulently induced and executed fee agreement (Exhibit B). 60. Defendant believes, and therefore avers, that Attorney Flower fraudulently obtained Defendant's signature on the fee agreement (Exhibit B) by not informing Defendant of the true contents of that document. 61. Plaintiff has breached its obligations under the contract by failing to adhere to the hourly fee agreement and instead taking a contingent fee out of the settlement proceeds. 62. Plaintiff s actions constitute a breach of contract and entitle defendant to damages. 63. As a result of Plaintiff's breach, Defendant has been damaged in the amount of $59,366.75. 64. Defendant has performed all of his obligations under the contract with Plaintiff. WHEREFORE, Defendant, Dennis Zeigler, demands judgment against Plaintiff, Saidis, Flower & Lindsay in the amount of $59,366.75 plus costs and reasonable attorney fees, and for whatever other relief the Court deems just and appropriate COUNT III -UNJUST ENRICHMENT/QUANTUM MERUIT 65. Paragraphs 1 through 64 of Defendant's Answer are hereby incorporated by reference. 9 66. Defendant conferred a benefit on Plaintiff by hiring Plaintiff to represent him in his personal injury claim. 67. While Defendant was recovering in the hospital on or about June 15, 2006 and shortly thereafter in Defendant's home on or about July 1, 2006, Plaintiff agreed orally to accept an hourly fee agreement for its services in connection with this claim. 68. This oral contract was entered into while Defendant was at Hershey Medical Center following the accident and reaffirmed during his recovery shortly thereafter at his home. 69. Plaintiff misrepresented to Defendant at the time the oral contract was entered into that it would accept an hourly fee agreement and instead expected a contingent fee from Defendant's settlement proceeds. 70. To his Detriment, Defendant relied on Plaintiff's promise to accept an hourly fee agreement. 71. It is believed and therefore averred that Plaintiff never intended to accept an hourly fee agreement with Defendant. 72. It is inequitable for Plaintiff to retain the benefit of Defendant's funds when the parties agreed to an hourly fee agreement. 73. It is further inequitable for Plaintiff to retain the benefit of Defendant's funds considering the limited amount of work Plaintiff performed on Defendant's personal injury case. 74. Defendant was informed by Plaintiff that the total hourly fee would be $11,000.00. 75. This sum represents the reasonable value of Plaintiff's services to Defendant. 76. Later, Plaintiff took a contingent fee of $70,366.75 based on Defendant's settlement proceeds. 77. On August 8, 2006, Plaintiff fraudulently executed a fee agreement (Exhibit B) with Defendant. 10 78. Defendant believes, and therefore avers, that Plaintiff fraudulently obtained Defendants signature on Exhibit B by not informing Defendant of the true contents of that document. 79. Defendant has been damaged in the amount of $59,366.75. 80. Plaintiff will be unjustly enriched if not required to refund to Defendant the $59,366.75 excess legal fee. WHEREFORE, Defendant, Dennis Zeigler, demands judgment against Plaintiff, Saidis, Flower & Lindsay in the amount of $59,366.75 plus costs and reasonable attorney fees, and for whatever other relief the Court deems just and appropriate. Dated: 5/12/10 Respectfully Submitted, i co McPartland Attorney I.D. No.: 209669 Leslie David Jacobson Attorney I.D. No.: 52673 Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 11 VERIFICATION I, Dennis Zeigler, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~~~ O By: Dennis Zeigler Exhibit A Memo 06/10/08 R.e; Disbursements from. Dennis Zeigler Settlement Proceeds Paid by Westfield Insurance 112,500.00 Paid by Harleysville Insurance 250.000.00 Total Settlement: 362,500.00 Prior disbursement to Denny Zeigl;,r: (50,000.00) Subtotal: 312,500.00 Checks to be disbursed: Dennis I3. Zeigler Ingenix Subrogation Services: MSHMC Physicians Group: Heritage Medical Group: Expenses advanced. by SF&L: SF&L .fees: 200,000.00 40,191.02 ].,392.07 15.00 535.16 70,36~~.?S ~joriginal claim of 50,238.77 less 20%) (19.41 °/a) 00.00 ~ '^ ~ -,~ JPMpRGAN CHASE`$ANK,N.A C I ~ asaa 4~F~. ~ R WL'STF:IELLD P .UMBUS; DH . j~ PREFIX CLAIM NUMBE , . " ~ ~ 14.7 ~t3 Rrl N C E DATE; MAY 21, ~QOB r~ ' R CA6-1666223 ~ Sfiarin Knuwle~ge Bui~diny ;rust` ~_ ~ - } , ~ c+~...>ir 9411)400 ~ DATE OF LOSS OCC. ;'POL:JCY SYMBOL AND NUMBER TAX 1:D. 0~ FEDERAL l,D. NO. FOR $Btt 181A1@ti"t ~ 6!15106 A CA6 1666223 251694606 `500 1 12 00 ~~ __ ~ : . .. PAY Otlf HUNDRED TWELYE THOUSAtiD ~•F IVE ~NUi{DR~D ;Al~~! Hd I1~A ' ~s DOLLAR { ,. l TO THE RpEF OI= Dennis Zeigler end Insured: ~TTH~~I R .,BAT~"fRSBY SAID~'S. ~FLDWCR '~. tI1iDSAY . C1ai~nan#: asnn~~ ~yle~ ~ ~~~. AUTHO RIZED 3f MATURE C I t.% , _ _ ~ ~ _ ,~~ ~_ I~ Imo; i _ ;.. u l 4 2 ~ i "I r f ~ uv c ~~~ U ` ~~~-: nW~; ,~ ; ,~ 0 tt c ,-~ O u:. U II'90 L04001~ li:D44 L L54431: 6606 1049~,u' i i ~ ' i i I~ ~I = ~ ~ I I I I _- ~i i I I ! ~ i i ! i -- +- - ----- -- ~ ~- - ~ J " ~,I R I ~-~ r° ~ SAIDIS, FLOWER & LINDSEY ~~ //~\ IOLTA ACCOUNT w Pennsylvania Sete Bank CAMP HILL, PA 17011 ¢I _ ~ r- ~'. u W ~ Jif~c ~ d ~ o s~:~F Q TOT,4L TOTAL jj ucc p ITEMS DEPOSIT ~1 ~ 6© ,,,,. ~~~ ~:D 3 130 244 7~: 9 ~ 500 1 2 L 2 711' 1 LO /^1. Pennsylvania State Bank A Div'rsion o(BLC Bank, N.A- ^ CHECKING DEPOSIT ^ SAVINGS DEPOSIT ^ SAVINGS WITHDRAWAL ^ IRA CERTIFICATE ^ CERTIFICATE OF DEP. TRANSACTION RECEIPT Deposited funds may not be available for immediate withdrawal. NAME: ^ INSTALLMENT ^ COMMERCIAL LOAN D MORTGAGE PAYMENT ^ LINE OF CREDIT ^ OTHER:____ ^ TAX DEPOSIT ^ LOAN FEES ^ SAFE DEPOSIT ^ NOTARY r a 0 0 133 fi50 900 53Q0~3#Ol$D ~li~^•. A0.00 0 1 ... _ _. _ 91500I.~1~7'# 1r HARLE'YSVI~ _E PREFERRED INSURANCE C~ _~IPANY SAIDIS FLDW.ER AND LINDSAY PC 2109 MARI~:ET ST CAMP HILL. PA 17D11 CLA1M NUMBfR A -MD-66:5332-U 2U 75:1.27 CLAIMS CLAIMiNUMBER A -M0-6 65 33 2-U POLICY`NUMBER PAA 210911 1SSUE`DATE D61D'S/D:8 fXPIRATIf3N DATE 'U 4/26/20 U7 CHECKNUMBfR C6671847 LOSS`DATf OEi/15/20'Ufi CHECK AMOUNT 5~~~250, DOD .D:A AGfNT'AIUMBER 7 -0690 INSURED MATTHEW~'R BATTER;SBY CLAIMANT D E NN I S 2 E.I G L E R SERVlCf PROVIDER SAI`DI`S ELOWE2 & LINDSAY PC 1RS~#2'51694b~6 2.09 MARKET ST CAMP HILL PA 17Di 1 !N SATISFACTION BODILY INJURY LOSS ^Abandoned Property Laws^ OF BULL ANII ~I7eI~A~L SETTLEMENT D~ require us to surre~der~' ALL CL~~~'!S A~~43NST 01712 I1~5URfD ~~h~cks n+~t cashed td `FDR iI`NC3~E~J~ ~N ,6,~15/~b *you~ sta~£ gc~v~xnment,. ~ PLEASE 'CASH 3'~'D~SP1ZaY '~ , ~~~r~~c~~~~~r~~r~~~~~a~~~~r~~ X113 P;Ll 6.1 '9 T9 ,. __-_°__~~._.__W~; ~a~T~ir ~cak~_er,~~;~nrk~us ~1~u8AFr~~iris ~ ---_____~____~~ ~,~._,-..~. 'HAR-LEYSV~LLE PREFERRED #NSURANCE CUMPANY 6D-=~-B-' ~~} "' ~ C6671847 ~r~ eysv~ l'~ ~e_ THE WARLEYSV,,ILLE'NA'T10NAL~ANKAND TRUST~OMPANY ISSUE DATE 'HARL~YSVILLE. PA, Db/D5~DB PAY TO THE ORDER OF 'PAY 2~5D , D O Q DOLLARS D D t~ENTS VOID AFTER 60 DAYS DENNTS ~EI.CLE°R AND A:,nouNT SAIDiSH '1=~LDWE:i~ :AND -L.INDSA"( 'P_C. $~*~250 ,D011 .00 2109 'M~4~R9Ci!ET STREET CAMP 'HILT. `PA I7D1T j~~/~~~ ~~,~ CLAIM NIiIVlC3ER A -°P1D-6.b5332-U 2D 76127 Exhibit B JOl-IN E. SLI1;E P.OBEIZ7` C. SAIll1S ,. DAME.`; D. FLOWER, TR CAP.OL D. LINDSAY Iv11C1-3AEL L. SOLOMON BR1AN G CAFFP`EY GEORGE F. DOUGLAS, III TI-IOMAS E. FLOVJEP MAPYLOU h~IAT'A5 SUZAIJNL C. HI>.'EI~IBAUGI-l LAw orl~ICEs SAIDIS, FLOj~~ER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENIJSYLVANIA 19011 TELEPHONE: (717) 737-3405 -FACSIMILE: (717) 737-3407 EMAIL: tflowerOsf)-Iaw.coni www~.sfl-Iaw.com August: 8, 2006 1V1i-. Dennis Zeigler 731 Zeigler Lane Ellola, PA 17025 Re: Personal Injury Claim Dear 1Jenny: CARLISLE OFFICE: 26 WFS"I' 1-IlGI I STP.EET CARLISLE, I'A ].701? T'ELEPI-IOI~IE: (717)2n3-6222 FACSIIvIILE: (717)2A3-6486 REPLY TO CAMP HILL This letter is intended to confirm. our mutual understanding of the basis for our lain firm's fees in this matter. After reviewing this letter, if the: teens are satisfactory to you, hsndJy sign the copy and return it to us i17 the stamped. addressed envelope u~lucla you will find enclosed. The basis for our fee i1a this matter v;~ill Le twenty (20 i) percelat of any amounts recovered by ~,~ou as damages ita settlement of your personal injury claim, including pain and suffering, as a result of yoll n7otor cycle accident. As we discussed, because we anticipate that the other driver's liabiaity for the accident will not be disputed, this firm has agreed. to reduce its standard conturgent fee (33-1/3 % or 4C)°ia, after listdlg for t11a1) to the percentage stated above. ]sa addition, ollr managing partner has agreed to review our fee, upon colllpletion of this matter; to consider clay reduction. tllai may ~be appr~~hriate, in the, event. the insurance companies agree to pay their policy Iim~its, without further ado; upo11 review of your medical records. Consideration will be given to the risks taken ola by this film, and to the defers] of our fee until the conc]usion of the matter, rather than our usual policy of collecting fees promptly by regLdar monthly billing. Please do riot hesitate to contact n1e if you have any questions or xleed clarhf cation concerning anything contained ~i~n this letter. Very trul}~ yours, SAII)IS, SLUFF, FLOWER & LINDSAY 1? Thomas E. Flower Accepted by: Date: August. _-- 2UOE `-`J~~`.--~~}~~'f~' ~-~~` ~~`--~ Dennis B. Zeigler j ~/ `~ SAIDIS, FLOWER & LINDSAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-361 DENNIS ZEIGLER, CIVIL ACTION Defendant 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 Daniel L. Sullivan, Esq. Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 DATED: 5/13/10 '~-~~ o McPartland Attorney for Defendant 12 SAIDIS, FLOWER & LINDSAY, Plaintiff v. DENNIS ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-361 CIVIL ACTION DEFENDANTS' RESPONSE TO PLAINTIFF'S PRELIlVIINARY OBJECTIONS 1. Admitted. C ~ ~~: ~ ~, ~ n 2. Admitted. ~ ~ , :~_. . - - -..-- c_ .~ -r, R~,.` 3. Admitted. - ~ = - -~~: } " ~ ' ~ ` ~-. .~. ; '~~- 4. Admitted. ~ `=~ ~ . ~~' ' ~' ~ 5. Admitted. 6. Admitted. I. Preliminary Objection -Failure to State a Claim in Defendant's Second Amended Counterclaim Count I 7. No response required. 8. Denied as a conclusion of law. 9. Admitted. 10. Denied. It is denied that Exhibit B of Defendant's Answer with New Matter and Second Amended Counterclaim is a valid contingent fee agreement entered into by Plaintiff and Defendant. In further answer, Exhibit B was fraudulently obtained and is therefore not valid. 11. Admitted. In further answer, Defendant alleges that Attorney Flower used fraudulent means in order to get Defendant to execute Exhibit B as is stated in Paragraph 50 of Defendant's Amended Counterclaims. i 12. Paragraph 12 of the Complaint contains legal assertions or conclusions to which no responsive pleading is required. To the extent a response is deemed required, the allegations are denied. 13. Denied. It is denied that Defendant has failed to allege any facts sufficient to support a claim of fraud in the execution of the contingent fee agreement. 14. Denied as a conclusion of law. WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court dismiss Plaintiff s Preliminary Objection and award such other relief as the Court deems just and appropriate. II. Preliminary Obiection -Failure to State a Claim in Defendant'$ Second Amended. Counterclaim Count II 15. No response required. 16. Denied as a conclusion of law. 17. Admitted. 18. Admitted in part and denied in part. It is admitted that Plaintiff obtained a fee agreement dated August 8, 2006 signed by Defendant. It is denied that this is a valid and enforceable agreement. In further answer, the agreement was obtained by Plaintiff through fraudulent means. 19. Denied as a conclusion of law. 20. Denied. It is denied that Plaintiff has established that Defendant has failed to allege any facts sufficient to support a claim of fraud in the execution of the agreement. 21. Denied as a conclusion of law. 2 i WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court dismiss Plaintiffs Preliminary Objection and awazd such other relief as the Court deems just and appropriate. III. Preliminary Objection -Failure to State a Claim in Defendant's Second Amended Counterclaim Count III 22. No response required. 23. Denied as a conclusion of law. 24. Admitted. 25. Denied as a conclusion of law. 26. Denied. It is denied that Plaintiff and Defendant entered into a valid written contingent fee agreement on August 8, 2006. 27. Denied as a conclusion of law. WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court dismiss Plaintiff's Preliminary Objection and award such other relief as the Court deems just and appropriate. IV. Preliminary Obiections to Second Amended Counterclaim - Insufficient Specificity 28. No response required. 29. Denied as a conclusion of law. 30. Denied as a conclusion of law. 31. Denied. It is denied that Defendant fails to allege any actions by Attorney Flower to indicate how Defendant was coerced into signing the fee agreement in Pazagraph 37. 32. Denied. It is denied that Defendant fails to allege specific conduct on how Attorney Flower failed to provide Defendant sufficient time to review documents in Pazagraphs 38 and 39. 3 33. Denied. It is denied that Defendant fails to allege with particularity what actions Attorney Flower took to obtain Defendant's signature on the contingent fee agreement in Pazagraphs 40, 50, 52, and 60. 34. Denied. It is denied that Defendant fails to allege with particularity the circumstances of misrepresentation in Pazagraph 69. 35. Denied. It is denied that Defendant fails to allege with particularity any actions or conduct by Plaintiff to fraudulently execute the contingent fee agreement in Paragraph 77. 36. Denied as a conclusion of law. 37. Denied as a conclusion of law. 38. Denied as a conclusion of law. WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court dismiss Plaintiff's Preliminary Objection and awazd such other relief as the Court deems just and appropriate. Dated: 6/16/10 Respectfully Submitted, Scott Mc land Attorney I.D. No.: 209669 Leslie David Jacobson Attorney I.D. No.: 52673 Law Offices of Leslie David Jacobson 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 4 ~ ~ SAIDIS, FLOWER & LINDSAY, Plaintiff v. DENNIS ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-361 CIVIL ACTION CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: VIA HAND DELIVERY DATED: 6/17/10 Daniel L. Sullivan, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 c cPartland Attorney for Defendant 5 SAIDIS, FLOWER & LINDSAY, Plaintiff vs. DENNIS ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-0361 CIVIL IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S SECOND AMENDED COUNTERCLAIM BEFORE HESS, P.J., OLER AND MASLAND, J.J. ORDER AND NOW, this 7-5 -'day of August, 2010, the preliminary objections of the plaintiff are OVERRULED. BY THE COURT, Kevin . Hess, P. J. Jason Kelso, Esquire For the Plaintiff '- Scott McPartland, Esquire For the Defendant :rlm `ti ?ES ry?atl??, 1.3 ? ?Z? f v7 Wit., a ?C: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAIDIS, FLOWER & LINDSAY, Plaintiff No. 2010-361 VS. c. DENNIS ZEIGLER, Defendant CIVIL ACTION F" , -: NOTICE TO PLEAD To Defendant: You are hereby notified to file a written response to the enclosed New Matter to Amended Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. SAIDIS SULLIVAN LAVA' A_2010 Date By: -? S? Daniel L. Sullivan Attorney I.D. 34548 Jason E. Kelso Attorney I.D. 209107 26 W. High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAIDIS, FLOWER & LINDSAY, Plaintiff No. 2010-361 VS. DENNIS ZEIGLER, Defendant CIVIL ACTION PLAINTIFF'S ANSWER AND NEW MATTER TO AMENDED COUNTERCLAIMS AND NOW, comes Plaintiff, Saidis, Flower & Lindsay, by and through its attorneys, Saidis Sullivan Law, and hereby answers as follows to Defendant's New Matter and Amended Counterclaims: 20. In response to this paragraph, Plaintiff hereby incorporates by reference paragraphs 1 12 of its Complaint and paragraphs 13 - 19 of its Reply to New Matter, previously filed on or about January 22, 2010 and February 25, 2010, respectively, and incorporated further in subsequent filed pleadings. 21. Admitted. 22. Admitted in part and denied in part. It is admitted that Defendant was hospitalized at Hershey Medical Center after his accident. Plaintiff denies that it was for two (2) weeks, and avers to the contrary, on information and belief, that hospitalization, including in-patient rehabilitation, was longer than two (2) weeks. 23. Denied as stated. Plaintiff believes and therefore avers that Attorney Flower met with Defendant on two (2) occasions during Defendant's hospital stay to deal with issues relating to Defendant's separate "private road" case. The dates of the meetings are unknown. 24. Denied. Defendant raised the question and asked Attorney Flower whether his firm, Plaintiff, could handle personal injury matters. Attorney Flower did not bring up the subject. 25. Denied. The response to paragraph 24 is hereby incorporated by reference. Further, Defendant did not advise that he would only agree to an hourly fee, not a contingent fee, and, in fact, executed a contingent fee agreement. 26. After reasonable investigation, Plaintiff is without information or knowledge sufficient to form a belief as to what Defendant believed so that this averment is denied. In further response, nevertheless, Defendant's private road representation was on an hourly rate fee basis, and, at one time, the hourly rate for that case was $175.00. 27. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to form a belief as to what Defendant was interested in so that this averment is denied. It is further denied that Defendant advised Attorney Flower that he would accept any insurance settlement offer that was "fair," or instructed Attorney Flower not to expend much time or effort on this matter. 28. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to form a belief as to what Defendant believed so that this averment is denied. In further response, because there likely would be no dispute regarding liability, Plaintiff agreed to a reduced contingent fee agreement, below its standard percentages. 29. Admitted in part and denied in part. It is admitted that Attorney Flower visited Defendant at his home. It is denied that Attorney Flower verbally agreed to represent Defendant on an hourly fee basis for his personal injury claim. On the contrary, the representation was on a contingent fee basis utilizing percentages significantly below Plaintiff's standard percentages. 30. Admitted. 31. Denied. Attorney Flower did not make this representation to Defendant, and on the contrary, provided Defendant with a written break-down and explanation of distribution of his gross recovery, which included attorney fees based on a percentage basis. Plaintiff agreed to reduce its fees to slightly less than 20% so that Defendant would net $250,000. See Exhibit "A" to Counterclaim. 32. Denied. After reasonable investigation, Plaintiff is without information or knowledge sufficient to form a belief as to the averments of this paragraph therefore the averments are denied. In further response, Defendant agreed to the payment set forth in Exhibit "A"' to his Amended Counterclaim. 33. Denied. On the contrary, Defendant executed a contingent fee agreement in August 2006 and the disbursement memo dated June 10, 2008 clearly reflects a contingent fee component. 34. Denied as stated. 'rhe attorney fees were paid to Plaintiff, not Attorney Flower, personally. 35. Denied. Defendant made no objections at the time, and only started complaining about the contingent fee payment after receiving an unfavorable order in his separate private road case. 36. After reasonable investigation, Plaintiff is without information or knowledge sufficient to form a -belief as to what Defendant remembers so that this averment is denied. It is admitted that a copy of the contingent fee agreement, executed by Defendant, is attached as Exhibit "B" to Defendant's Amended Counterclaim. The proposed agreement was presented to Defendant on or about August 8, 2006. 37. Denied. Attorney Flower did not misrepresent or coerce Defendant in any manner. On the contrary, Defendant had full and adequate opportunity to read and consider the fee agreement himself; have someone else read it to him and advise him if so desired., or refuse to sign it if he disagreed with the contents. 38. Denied. The response to paragraph 37 is hereby incorporated by reference. To the extent that this averment is intended to describe a general practice rather than the contingent fee agreement, specifically, the averment is further denied. Defendant had an opportunity to review and consider any document presented to him by Attorney Flower. 39. Denied. The response to paragraph 37 is hereby incorporated by reference. To the extent that this averment is intended to describe a general practice rather than the contingent fee agreement, specifically, the averment is further denied. Defendant had an opportunity to review and consider any document presented to him by Attorney Flower. 40. Denied. The responses to paragraphs 37 and 39 are hereby incorporated by reference. 41. Denied. On the contrary, Plaintiff believes and therefore avers that Defendant was not heavily medicated, particularly in August 2006, or otherwise impaired to an extent that his "mental capacity was limited." 42. Denied as stated. At one point during representation, Defendant had claimed to be "dyslexic." It is denied that he could not read or understand documents. In further response, Plaintiff believes and therefore avers that Defendant had friends, family and other support who could assist Defendant in reading and understanding documents in the event Defendant felt he was unable to do so on his own. COUNT I - FRAUD 43. Plaintiff's responses to paragraphs 1 - 42 are hereby incorporated by reference. 44. Denied. Plaintiff's response to paragraph 25 is hereby incorporated by reference. 45. Denied. Plaintiff's response to paragraph 29 is hereby incorporated by reference. 46. The averments of this paragraph are conclusions of law to which no response is required. In further response, nevertheless, the averment is denied. Plaintiff and Defendant never agreed on a verbal contract regarding hourly rate representation. 47. Denied. On the contrary, Attorney Flower diligently and effectively represented Defendant throughout his personal injury claim matter. 48. Denied. On the contrary, Defendant did retain Attorney Flower's law firm, Plaintiff herein, on a contingent fee, not hourly, arrangement. 49. The averment of "justifiable reliance" is a conclusion of law to which no response is required. In further response, nevertheless, the averments are denied. Attorney Flower did not represent to Defendant that he would represent Defendant on an hourly fee basis with respect to his personal injury claim. 50. Denied in part and admitted in part. It is admitted only that Plaintiff took its fee on a percentage basis, lower even than had been agreed upon. The remaining averments are denied. Plaintiff incorporates by reference its responses to paragraphs 25, 29, 31 and 37. 51. Admitted in part and denied in part. It is admitted that during the relationship between Defendant and Attorney Flower that Defendant signed documents. It is denied that he was not fully aware or informed of the contents or that he ever advised Attorney Flower that he was not aware of or informed of the contents of the documents. 52. Denied. The averments of fraud are conclusions of law to which no response is required. In further response, nevertheless, the averments are denied and Plaintiff's responses to paragraphs 31, 37 and 39 are hereby incorporated by reference. 53. Denied as stated. While it is admitted that Attorney Flower never intended to represent Defendant on an hourly fee basis for his personal injury claim, this was because Attorney Flower never agreed to do so, and, in fact, Plaintiff and Defendant had entered into a written contingent fee agreement. 54. Denied as stated. There was no hourly fee agreement to be honored. Plaintiff's responses to paragraphs 31, 37 and 53 are hereby incorporated by reference. 55. Denied. Defendant has not been damaged. He paid what he agreed to pay and the payment was fair, reasonable and proper. WHEREFORE, Plaintiff demands that Count I of the Amended Counterclaim be dismissed and that Plaintiff be awarded costs. COUNT II- BREACH OF CONTRACT 56. Plaintiff's responses to paragraphs I through 55 are hereby incorporated by reference. 57. Denied. Plaintiff's responses to paragraphs 29 and 37 are hereby incorporated by reference. 58. Denied. Plaintiff did not make this representation. On the contrary, Plaintiff presented Defendant with a written settlement allocation dated June 10, 2008. 59. Admitted in part and denied in part. It is admitted that Plaintiff received a fee of $70,366.75. It is denied that the contingent fee agreement was fraudulently induced and executed. Plaintiff's responses to paragraphs 29, 31, 35 and 37 are hereby incorporated by reference. 60. Denied. Plaintiff's responses to paragraphs 29, 31, 35 and 37 are hereby incorporated by reference. 61. Denied. There was no hourly fee agreement and Plaintiff properly took its fee pursuant to the contingent fee agreement. Plaintiff's responses to paragraphs 29 and 37 are hereby incorporated by reference. 62. The averments of this paragraph are conclusions of law to which no response is required. In further response, nevertheless, the averments are denied for the reasons set forth above, and in paragraphs 29 and 37 in particular. 63. Denied. Plaintiff's responses to paragraphs 55 and 62 are hereby incorporated by reference. 64. If Defendant is referring to an alleged oral hourly rate contract, the averment is denied because there was no such contract. If Defendant is referring to the acknowledged contingent fee agreement, Plaintiff admits that Defendant has paid that obligation. If Defendant is referring to his fee contract with Plaintiff with respect to the private road matter, the averment is denied for the reasons set forth in Plaintiff's Complaint. WHEREFORE, Plaintiff demands that Count II of the Amended Counterclaim be dismissed and that Plaintiff be awarded costs. COUNT III - UNJUST ENRICHMENT/ QUANTUM MERUIT 65. Plaintiff's responses to paragraph 1 through 64 are hereby incorporated by reference. 66. This averment constitutes a conclusion of law to which no response is required. In further response, nevertheless, Defendant hiring Plaintiff involved mutual consideration and mutual benefit. 67. Denied. Plaintiff's response to paragraph 29 is hereby incorporated by reference. 68. Denied. Plaintiff's response to paragraph 29 is hereby incorporated by reference. 69. Denied. Plaintiffs responses to paragraphs 29 and 37 are hereby incorporated by reference. 70. Denied. Plaintiff's responses to paragraphs 29 and 37 are hereby incorporated by reference. 71. Denied as stated. While it is admitted that Attorney Flower never intended to represent Defendant on an hourly fee basis for his personal injury claim, this was because Attorney Flower never agreed to do so, and, in fact, Plaintiff and Defendant had entered into a written contingent fee agreement. 72. Denied. There was no hourly fee agreement. Plaintiff's responses to paragraphs 29 and 37 are hereby incorporated by reference. Payment to Plaintiff under the contingent fee agreement was fair, proper and reasonable. 73. Denied. Payment to Plaintiff under the contingent fee agreement was fair, proper and reasonable. It is further denied that Plaintiff performed "a limited amount of work." 74. Denied. Plaintiff did not make this representation. On the contrary, Plaintiff presented Defendant with a written settlement allocation dated June 10, 2008. 75. Denied. Plaintiff's payment under the contingent fee agreement was fair, proper and reasonable. 76. Admitted, with the possible qualification that Defendant's use of the qualifier "later" is unclear and Plaintiff is not admitting any particular temporal frame or sequence. 77. Admitted in part and denied in part. The contingent fee agreement (Exhibit "B") is a written document which speaks for itself. Plaintiff denies any fraud whatsoever for the reasons set forth above, in particular, paragraphs 29 and 37. 78. Denied. Plaintiff's responses to paragraphs 29 and 37 are hereby incorporated by reference. 79. Denied. Defendant has not been damaged. He paid what he agreed to pay and the payment was fair, reasonable and proper. 80. This averment is a conclusion of law to which no response is required. In further response, nevertheless, Plaintiff has not been unjustly enriched. Payment under the contingent fee agreement was fair, reasonable and proper. WHEREFORE, Plaintiff demands that Count III of the Amended Counterclaim be dismissed and that Plaintiff be awarded costs. NEW MATTER 81. Defendant's claim for fraud is barred by the applicable statute of limitations.. 82. The applicable statute of limitations for an action of fraud is two years pursuant to 42 Pa.C.S.A. § 5524. 83. On or about August 8, 2006, Plaintiff prepared a contingent fee agreement for Plaintiff's representation of Defendant in the personal injury matter. 84. On or about August 8, 2006, Plaintiff hand delivered the written contingent fee agreement to Defendant. 85. On or about August 30, 2006, Defendant returned a signed copy of the written contingent fee agreement to Plaintiff during a meeting with Plaintiff and Defendant at Defendant's home. 86. The signature on Exhibit "B" to Defendant's Amended Counterclaim is Defendant's signature. 87. Defendant had ample opportunity to review the written contingent fee agreement with anyone whom Defendant desired between August 8, 2006 and August 30, 2006. 88. By signing and returning the written contingent fee agreement, Defendant was aware or should have been aware of the contents of the written contingent fee agreement. 89. Defendant has failed to bring an action of fraud within the applicable statute of limitations. 90. On or about June 10, 2008, Plaintiff provided Defendant with a written allocation of the distribution of settlement funds, which clearly showed that Plaintiff was collecting $70,366.75 as a payment based on a percentage calculation. Defendant has attached a copy of this allocation as Exhibit "A" of his Answer, New Matter and Amended Counterclaim. 91. In order for the Defendant to receive a net sum of $250,000, Plaintiff agreed to reduce its fee to slightly less than 20%. 92. After being provided the allocation of the distribution of settlement funds, Defendant authorized the disbursement of the settlement funds in accordance with the allocation set forth in Exhibit "A." 93. Defendant did not object at the time to the distribution of funds in accordance with the allocation of the distribution of settlement funds set forth in Exhibit "A 94. In late 2008, after receiving an unfavorable ruling in the private road case, Defendant first complained and objected to how the settlement funds were distributed, which he originally authorized in June 2008. 95. From August 8, 2006 through June 2008, Plaintiff did not send to Defendant a bill for services rendered in the personal injury matter, which is a standard practice when representation is based on a contingent fee. 96. During this same time period, Defendant received monthly bills from Plaintiff for services rendered in the private road case, which was a matter for which the billing agreement was based on an hourly rate. 97. Defendant was aware of Plaintiff's billing practice, since Plaintiff was representing him, at the time, in the private road case and had previously represented Defendant in other matters. 98. Despite receiving monthly bills for the private road case, Defendant never inquired as to why he was not receiving a monthly or any bill for the personal injury matter. 99. Defendant's claims are barred by the affirmative defense of consent. 100. Defendant's claims are barred by the affirmative defense of acquiescence. 101 Defendant's claims are barred by the affirmative defense of estoppel. 102. The Pennsylvania Parol Evidence rule bars any evidence regarding any alleged prior oral representations or oral agreements between the parties which is specifically dealt with in the written contingent fee agreement. 10.3. Defendant has failed to plead any facts to indicate fraud in the execution of the written contingent fee agreement; therefore, the Pennsylvania Parol Evidence rule is applicable to this matter and it will bar the introduction of evidence regarding the alleged oral representations prior to the execution of the written contingent fee agreement. WHEREFORE, Plaintiff demands that all three Counts of the Amended Counterclaim be dismissed and that Plaintiff be awarded costs. - i 3 2010 Date Respectfully submitted, SAIDIS SULLIVAN LAW By: Daniel L. Sullivan Attorney I.D. 34548 Jason E. Kelso Attorney I.D. 209107 26 W. High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff VERIFICATION I, Robert C. Saidis hereby verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge 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. Dated:7E?,-,r,+ ( 2010 -14 Robert C., Saidis CERTIFICATE OF SERVICE AND NOW, September 1'' , 2010, I, Daniel L. Sullivan, Esquire, hereby certify that I did serve a true and correct copy of the Plaintiff's Answer and New Matter To Amended Counterclaims upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Scott McPartland Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 Daniel L. Sullivan Attorney I.D. 34548 Jason E. Kelso Attorney I.D. 209107 26 W. High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS, FLOWER & LINDSAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS~L~NI~' ~~ ~ v. N0.2410-361 ~~ ~ ~ rn~ ~ ~~ ~ ~~ ~o DENNIS ZEIGLER, CIVIL ACTION ~ ~ ~ ~ Defendant ,~'~.~ _ ~~ ah A~ ~ z ....,, rn DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MATTER AND NOW, comes Dennis Zeigler, Defendant, by and through his attorneys, the Law Offices of Leslie David Jacobson, who files the following Answer to Plaintiff's New Matter, and in support thereof, states the following: 81. Denied. It is denied that Defendant's claim for fraud is barred by the applicable statute of limitations. 82. Pazagraph 82 of Plaintiffs' New Matter contains legal assertions or conclusions to which no responsive pleading is required. To the extent a response is deemed required, the allegations are denied. 83. Admitted. 84. Admitted. 85. Denied. It is denied that on or about August 30, 2006 Defendant returned a signed copy of the written contingent fee agreement to Plaintiff. In further answer, Defendant was heavily medicated during this time frame as a result of the motorcycle accident. Further, Defendant does not recall signing this document. d 86. Admitted. 87. Denied. It is denied that Defendant had ample opportunity to review the written contingent fee agreement between August 8, 2006 and August 30, 2006. In further answer, Defendant was heavily medicated during this time frame as a result of the motorcycle accident. Further, Defendant does not recall signing this document. 88. Denied. It is denied that Defendant was aware or should have been aware of the contents of the written contingent fee agreement. In further answer, Defendant was heavily medicated during this time frame as a result of the motorcycle accident. Further, Defendant does not recall signing this document. 89. Denied. It is denied that Defendant has failed to bring an action of fraud within the applicable statute of limitations. 90. Admitted. In further answer, Defendant objected to the distribution of the settlement funds at this time. 91. Defendant lacks knowledge or information sufficient to form a belief as to the truthfulness of the allegations in Paragraph 91; therefore, they are denied. 92. Denied. It is denied that after being provided the allocation of the distribution of settlement funds, Defendant authorized the disbursement in accordance with the allocation set forth on Exhibit "A." In further answer, Defendant objected to the allocation of the settlement funds on a contingent basis rather than an hourly basis. 93. Denied. It is denied that Defendant did not object at the time to the distribution of funds in accordance with the allocation of the distribution of settlement funds set forth in Exhibit «A „ 94. Denied. It is denied that Defendant first complained and objected to how the settlement funds were distributed in late 2008. In further answer, Defendant objected to the allocation of the settlement funds on June 10, 2008 and subsequently thereafter. 2 95. Admitted. In fizrther answer, in previous representation, Plaintiff did not bill Defendant until the completion of litigation. 96. Admitted. 97. Admitted. In further answer, Plaintiff agreed to accept the personal injury case on an hourly fee basis, the same as all previous billing practices between Plaintiff and Defendant. 98. Admitted. In further answer, Defendant believed that he would be provided a final bill on an hourly basis at the conclusion of the personal injury case. 99. Denied. It is denied that Defendant's claims are barred by the affirmative defense of consent. 100. Denied. It is denied that Defendant's claims are barred by the affirmative defense of acquiescence. 101. Denied. It is denied that Defendant's claims are barred by the affirmative defense of estoppel. 102. Paragraph 102 of Plaintiff's New Matter contains legal assertions or conclusions to which no responsive pleading is required. To the extent a response is deemed required, the allegations are denied. 103. Denied. It is denied that Defendant has failed to plead any facts to indicate fraud in the execution of the written contingent fee agreement. The remaining allegations in Paragraph 103 of Plaintiff s New Matter contain legal assertions or conclusions to which no responsive pleading is required. To the extent a response is deemed required, the allegations are denied. 3 WHEREFORE, Defendant, Dennis Zeigler, respectfully requests this Honorable Court fmd in his favor and award such other relief as the Court deems just and appropriate. Respectfully Submitted, Dated: October 4, 2010 ~-~tf McPartland Attorney I.D. No.: 209669 Leslie David 3acobson Attorney LD. No.: 52673 Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 4 VERIFICATION I, Dennis Zeigler, 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 aze made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: By: nnis Zeigler . . SAIDIS, FLOWER & LINDSAY, Plaintiff v. DENNIS ZEIGLER, Defendant 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: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-361 CIVIL ACTION CERTIFICATE OF SERVICE VIA HAND DELIVERY Daniel L. Sullivan, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DATED: October 5, 2010 cPartl Attorney for Defendant 5 of CUM 1Davicf D. Buell e Renee R Simpson Prothonotary m y 1S` Deputy Prothonotary �irkS. Sofionage, ESQ g�Y Irene E. Morrow Solicitor 7750 2nd Deputy Prothonotary Office of the Prothonotary Cum6erland County, Pennsylvania JO -6.3101 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarCisle, PA 17013 • (717)240-6195 • rFax(717)240-6573