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HomeMy WebLinkAbout01-0482IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNAUER & ASSOCIATES, L.S.C : Plaintiff : V. : JOSEPH A. HEWITT : Defendant : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY No.<Q/,- q¢:~ Civil Term JURY TRIAL DAMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a.judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17012, (717) 249-3166 NOTICIA Le han demaandado a usted en la cone. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persoa o por abogado y archivar en la corte enforma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquie, r queja o alivio que es pedido en la peticion de demanda. Usted puede perrier dinero o sus propiedades o otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE ][:'AGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 170121 (717) 249-3166 Respectfully submitted, Date: January 23, 2001 DAVID W. KNAUER, L.S.C. David W. Knauer, Es(~'e Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 KNAUER & ASSOCIATES, L.S.C Plaintiff JOSEPH A. HEWITT Defendant IN THF_ COURT OF COMMON PLEAS, CUMBERLAND COUNTY No. ¢ ~- ~/?,;z-Civil Term JURY TRIALDAMANDED COMPLAINT 1. The Plaintiff Knauer and Associates is a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania with an address of 411A East Main Street, Mechanicsburg, Pennsylvania 17055, an assignee of David W. Knauer P.C. 2. The Defendant Joseph A. Hewitt is an adult individual with an address of 600 West Walnut Street, Palmyra, Pennsylvania 17078. 3. The Plaintiff and its assignor provided legal services for the Defendant for several matters including but not limited to representing him in a will contest with respect to the Estate of Bessie A. Wolfersberger and matters involving Tuscorora Township, Perry County, Pennsylvania. 4. The Plaintiff and its assignor and the Defendant agreed that the representation would be on an hourly basis. 5. The Plaintiff rendered to the Defendant bills totaling $9,158.15, to wit: a.) February 19, 1998 bill for services rendered with respect to the Estate of Bessie A. Wolfersberger in the amount $5,482.50; b.) February 19, 1998 bill for services rendered with respect to zoning and other matters involved willh Tuscarora Township in the amount of $1,190.15; c.) March 25, 2000 bill for services rendered with respect to the Estate of Bessie A. Wolfersberger in the amount of $2,485.50; The Plaintiff has marked as exhibits "A" through "C", attached hereto and incorporated herein by reference thereto true and correct copies of the aforesaid 6. The Plaintiff provided to the Defendant a recapitulation of the bills, showing the amount of the bills and the funds paid. The Plaintiff marks as Exhibit "D", attaches hereto and incorporated herein by reference thereto true and correct copies of the aforesaid recapitulation. 7. The Defendant paid $6,050.00, leaving a balance owed of $3,108.15. 8. The Plaintiff made demand on the Defendant to pay the remaining outstanding bills by letters dated February 14, 2000, rVlarch 25, 2000, May 24, 2000 and August 28, 2000. The Plaintiff has marked .as Exhibit "E" through "H" and incorporated herein by reference thereto true and correct copies of the aforesaid letters. 8. The Defendant refused to pay the aforesaid unpaid balance of the bills. 9. The Plaintiff and its assignor's bills were the, usual, customary, and reasonable charges the Defendant agreed to pay. 10. The Plaintiff is entitled to payment of the unpaid balance of the bills. WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendant in the amount of $3,108.15 with interest on the unpaid balance. Date: January 23, 2001 Respectfully s~bmitted, KNAUER & ASSOCIATES, L.S.C. [~vid-W. Knauer, Es~:iu~e Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 DAVID W. KNAUER A'n'ORNEYS AT LAW 411 A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 February 19, 1998 MARK D. SCHWARTZ Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie Wolfersberger Bill for Services Rendered Date Description 08/29/96 Extensive office conference with client; reviewed documents; prepared reply to Co-Executor's petition for sanctions and removal of client as executor; called Estate counsel's office; left message to return call. 08/30/96 Called Estate counsel's office; left message to return call. 09/03/96 Filed Praecipe to Enter Appearance and reply to motion to remove client as executor, etc.; drafted letter to Estate counsel; returned Estate counsel's call; left message to return call. 09/09/96 Called Estate Counsel's office; left message to return call. 09/10/96 Called Estate Counsel's office; left message to return call. 09/19/96 Receipt and review of title search from The Sentinel agency. 09/23/96 Called Estate Counsel's office; left message to return call. 11/19/96 Receipt and review of~sel. Time 3.20 .20 1.40 .20 .2O 0.50 .20 .20 Charge 480.00 30.00 210.00 30.00 30.00 75.00 30.00 30.00 12/04/96 12/05/96 12/18/96 10/02/96 10/03/96 01/31/97 03/04/97 03/10/97 04/07/97 04/23/97 04/30/97 08/28/97 09/12/97 09/29/97 10/02/97 10/10/97 10/15/97 10/20/97 10/21/97 Called Estate Counsel's office; left message to return call. Extensive telephone conference with Estate Counsel. Telephone calls to client regarding Humane Society concerns with sheep. Receipt and review of Order of the Honorable Warren G. Morgan scheduling hearing on petition to remove client as executor. Called Estate Counsel's office; left message to return call. Extensive telephone conference with estate counsel who will require co-executor to retain his own counsel if he wishes to pursue removal of client as executor. Receipt and review of letter from James Morgan, Esquire. Receipt and review of letter from client Meeting with Attorney Morgan. Meeting with client. Drafted letter to Attorney Morgan. Receipt and review of letter from Attorney Morgan. Receipt and review of letter from R. Mark Thornas, Esquire. Drafted letter to Attorney Thomas. Receipt and review of letter from client. Receipt and review of Order and Petition scheduling hearing. Drafted petition to remove James Spangler as Co- Executor. Receipt and review of letter from Attorney Thomas. Meeting with client. Receipt and review of letter from Attorney Thomas. .20 .30 .50 .20 .50 .20 .20 .30 .50 .20 .20 .20 .20 .20 .30 3.0 .20 .50 .20 30.00 45,00 75.00 30.00 75.00 30.00 30.00 45.00 75.00 30.00 30.00 30.00 30.00 30,00 45.00 450.00 30.00 75.00 30.00 10/29/97 12/08/97 - I2/09-97 12/08/97 - 12/12/97 12/17/97 01/14/98 01/17/98 02/12/98 02/13/98 12/17/97 - 02/18/98 Receipt and review of letter from client. Meeting with client; drafted legal memorandum on behalf of client. Preparation for hearing; reviewed file; attendance at hearings on December 10 & December 12, 1997; reviewed legal memorandum filed by Attorney Thomas. Preparation for and meeting with Attorney Thomas to narrow issues, to provide for procedure to resolve estate issues, and to plan to conclude estate. Drafted letter to Attorney Morgan confirming that his bill has been paid. Telephone conference with Attorney Boyanowski to confirm that her bill had been paid; drafted letter confirming same; receipt and review of letter from Attorney Morgan; drafted letter to Attorney Thomas forwarding letter of Attorney Morgan. Drafted letter to Attorney Thomas forwarding letter of Attorney Boyanowski and confirming meeting with Executors. Drafted letter to client regarding meeting of Executors. Numerous telephone conferences with Attorney Thomas. .4O 5.0 12.0 1.50 .3O 1.00 .3O .30 1.0 60.00 750.00 1,800.00 225.00 45.00 150.00 45.00 45.00 150.00 Total Charges Plus ExpensesAdvanced Les,.; Retainer Total Amount Due $5,400.00 82.50 $5,482.50 2.200.00 $3,282.50 DAVID W. KNAUER C~, AT'rOFINEY$ AT LAW 411 A P:~t Main Street Meoh~nio~burg, PA 17055 (717) ?~5-7790 February 19, 1998 MARK D. SCHWARTZ Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Tuscarora Township Zoning Date 04-07-97 O4-08-97 04-23-97 05-02-97 05-09-97 05-27-97 06-05-97 06-13-97 06-24-97 07-12-97 Bill for Services Rendered1 Description Time Charge Office appointment with client 0.50 50.00 Telephone conference with Jerry A. Philpott, E--squire 0.30 30.00 Visit to Hewitt farm with Mr. George Fleisher 3.00 300.00 Telephone conference with Attorney Philpott 0.20 20.00 Receipt and review of letter with township ordinances 0.60 60.00 from Attorney Philpott Drafted letter to Attorney Philpott 0.30 30.00 Receipt and review of letter from Attorney Phifpott 0.20 20.00 Telephone call from client 0.20 20.00 Receipt and review of letter from Attorney Philpott 0.20 20.00 Visit to Hewitt farm (Mr. Fieisher, client, and Attorney 4.00 400.00 Knauer) ~This invoice is for work performed on or after April 7, 1997. You were previously billed for work performed from August 30, 1996, through April 6, 1997, which was paid by the retainer given to us when you hired us to repret ouinen this matter. On April 7, 1997, you provided an additional retainer of $600. 07~15-97' ' Receipt and review of letter from Attorney Phillpott 07-23-97 Drafted letter to Attorney Philpott 07-30-97 Receipt and review of letter from client 08-11-97 Receipt and review of letter from client 09-12-97 Office meeting with client 09-19-97 Drafted letter to Attorney Philpott 09-24-97 Receipt and review of letter from Attorney Philpott 10-08-97 Drafted letter to Attorney Philpott 10-10-97 Receipt and review of letter and enclosures from Attorney Philpott Total Charges Plus Expenses Advanced Less Retainer Total Amount Due 0.20 0.20 0.20 0.20 0.50 0.30 0.20 0.20 0.20 20:00 20.00 20.00 20.00 50.00 30.00 20.00 20.00 20.00 $1,170.00 20.15 $1,190.15 600,00 $ 590.~5 ATTORNEY BILL AND TIME EXPENDED ESTATE OF BESSIE WOLFERSBERGER 1998 4-15 Receipt, review, and analysis of the April 13, 1998 decision of the Honorable Warren G. Morgan finding in favor of Mr. Hewitt..2 Telephone call to Mr. Thomas's office. He was not in and left word to request a return telephone call..1 Telephone call to Mr. Hewitt to inform him that Judge Morgan had found in his favor on the third lot..2 4-16 Telephone conference with Mr. Thomas who informed me that he had not yet spoken with his clients but would inform me of their decision..2 Letter to Mr. Hewitt with copy of Judge Morgan's decision and update on status of case after Judge Morgan's decision..3. 4-27-29 Two telephone calls to Mr. Thomas' office. Left word to call..2 5-1 Receipt and review of letter from Mr. Hewitt..2 5-4 Extensive letter in reply to Mr. Hewitt's letter received on May 1, 1998. 1.0 5-14 Telephone call to Mr. Thomas to determine if his clients had appealed Judge Morgan's April 13, 1998 decision. Secretary informed me that Mr. Thomas had not filed an appeal. Left word to call to determine if his client's may have changed attorneys again..2 5-18 Receipt and review of letter from Mr. Hewitt..2 5-21 Short conference with Thomas who informed me that his clients will not appeal Judge Morgan's decision..3 5-21 Letter to Mr. Hewitt reporting that Mr. Thomas's clients will not appeal..3 8/29 Extensive conference with client, review of documents, preparation of reply to other executor's petition for sanctions and removall of client as co-executor. 3.0 8/29 Telephone conference with Estate counsel's office, left word to call..2 8/30 Telephone conference with Estate Counsel's office, left word to call..2 9/2 9/3 9/9 9/10 9-23 10-2 10-3 10-10 10-29 11-13 11-19 12-4 12-5 12-18 File reply to executor's motion to remove client as executor, etc. 1.0 Returned Estate counsel's call. Telephone conference with Estate counsel's office, left word to call.2 Telephone conference with Estate Counsel's office, left word to call..2 Telephone conference with Estate counsel left word call..2 Telephone call to Estate Counsel's office, left word to call..2 Receipt and review of Order of the Honorable Warren G. Morgan scheduling hearing on other executor's petition to remove clie]r~t as executor..2 Telephone call to Estate Counsel's office, left word to call..2 Estate Counsel returned telephone call. Extensive telephone conference with her. She will require co-executor to retain his own counsel if he wishes to pursue removal of client as executor..3 Drafting and filing of Petition to Remove Spangler as Co-Executor. 3.0. Reading and review of letter from Mr. Spangler..5 Receipt and review of November 13, 1998 letter of Mr. Thomas with respect to estate accounts..2 Receipt and Review of letter from Estate counsel..2 Phone call to Estate Counsel, left message..2 Extensive telephone conference with Estate Counsel..3 Telephone calls to Mr. Hewitt Re: Humane Society concerns with sheep..5 ./999 01-21 Receipt and review of letter from Mr. Hewitt..2 01-22 Phone call from Sue Helm..2 01-23 Phone call to Mark Thomas, Esquire..2 05-27 Telephone conference with Rachel Helm who called with respect to Perry County case..2 2000 02-03 Receipt and review of Mr. Hewitt's letter concerning erroneous information that we had place a lien against his property..2 Letter to Mr. Hewitt with status of the estate and informing him that we had not placed any lien on his property or taken an action against him..4 Telephone conference with Attorney Thomas requesting update on when the estate would be completed..3 Total 16.0 Hours @ 150.00 Per Hour ............................................... $2,400.00 COSTSADVANCED 03/99 Deeds (Dauphin County) 85.50 Total Costs Advanced 85.50 Total Costs & Outstanding Bill 2,485.50 Knauer & Associates, LSC 41 lA E. Main St., Mechanicsburg, PA 17055 Attorneys-at-Law Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer JOSEPH HEWITT WOLFERSBERGER ESTATE & TUSCARORA TOWNSHIP ZONING 2/19/1998 2/19/1998 3/25/2OOO _TOTAL BILLING HISTORY Zoning Bill (see attached) Estate Bill (see attached) Estate Bill (see attached) 1,190.15 5,482.5O 2,485,50 Total Zoning and Estate Bills 9,158.15 TOTAL REIMBURSEMENT/FEE HISTORY 8/11/1996 8/30/1996 9/3/1996 4/7/1997 8/4/1998 Fee for Wolfersberger Estate 200.00 Fee for Wolfersberger Estate 250.00 Retainer for Wolfersberger Estate 2,000.00 Retainer for Tuscarora Township Zoning 600.00 Fee for Wolfersberger Estate 3,000.00 Total Zoning and Estate Reimbursement/Fees TOTAL OUTSTANDING BILL 6,050.00 3,108,15 PAYMENT UPON RECEIPT Knauer & Associates, LSC 41 lA E. Main St., Mechanicsburg, PA 17055 Attorneys-at-Law Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer February 14, 2000 Mr. Joseph Hewitt .. 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger Dear Mr. Hewitt: This acknowledges receipt of your letter wherein you stated that we had placed a lien against your property. You are mistaken. We have not filed any lien or taken any adverse action against you. I did review your accounts with us and I include herewith a statement of all bills owed to us. We would appreciate payment of the balance on your bills. Last week I spoke with R. Mark Thomas, Esquire who is counsel for your co- executor James Spangler. Mr. Thomas informed me that the estate had insufficient funds to pay both the state inheritance and the federal estate taxes. I requested him to provide us with a copy of the documentation with respect to the taxes. I will await receipt of the documentation to support his statement. I enclose a copy of said letter to him. Thank you for your prompt attention in this matter. If you have any question, please do not hesitate to contact me. Very truly yours, David W. Knauer DWK:wdm Enclosures \wpdocs~hewitt\O2-O9-OOh ewitLit r Knauer & Associates, LSC 41IA E. Main St., Mechanicsburg, PA 17055 Attorneys-at-Law Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer March 25, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger Dear Mr. Hewitt: Please reference my letter of letter of February 14, 2000 in which I provided you with your outstanding bill with our firm. Since that letter, I have had no response from you and no payment of the bill. This letter is to inform you that if you do not pay the bill or reach an acceptable payment plan with us within within ten days of the date of this letter that we will be forced to file suit against you for payment of your bill. I do hope that it will be unnecessary to take that step however we will do so if the bill is not paid. DWK:ahk \wpdocs~hewit~\O3-25-OOhewitt.lt r V,e.{y truly yours;, David W. Knauer Knauer & Associates, LSC 41lA E. Main St., Mechanicsburg, PA 17055 Attorneys-at-Law Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer May 24, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger/Tuscarora 7bwnship Zoning Matter:; Dear Mr. Hewitt: You had questioned our bills against your payments, therefore, I enclose herewith a complete billing history and all previously sent bills for your account with our firm, together with a certificate of mailing. Unless you pay the entire outstanding amount of $3,108.15 by June 5, 2000, I will start suit against you to collect our fees. Upon commencement of suit, we will obtain a judgment and the Sheriff will seize and sell any of your property that they are able to seize. I do hope that it will not be necessary for us to start suit, but we must be paid for our work just as you wanted to be paid for your work. DWK:bm Enclosures \wpdocs~hewitttO5-24-OOhewitt. ltr ~,eF~ truly yours, David W. KnOWer Knauer & Associates, LSC Attorneys-at-Law 41 IA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 Emaih knauer@earlv.com David W. Knauer August 28, 2000 Mr. Joseph Hewitt . ~ 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger and Knauer v. Hewitt Dear Mr. Hewitt: Please find enclosed a courtesy copy of the District Justice Complaint we are filing against you for non-payment of our bill, a copy of the June 15, 2000 letter of R. Mark Thomas, Esquire and my letter of the above date in response thereto. With respect to his request for contribution from the executors and beneficiaries to make up a $42,000 shortfall of funds to pay the Pennsylvania Inheritance Tax, his proposal is that each beneficiary be responsible for their pro- rata portion of the unpaid taxes based on the value of the property they inherited. He informed me that he valued your share of the shortfall as approximately $ As to the legal position, I believe that you should not have to make any contribution because the accounting information was withheld from you despite our numerous requests for copies of the accounting. I must call to your attention that you should retain legal counsel for the conclusion of the estate. I will co-operate fully with your new counsel to transfer your files and provide he or she with any information that may assist in responding to the requested payment. Very tru][y yours, DWK:bm \companyLHewitt\08-28-00hewitt.ltr David W. Knauer VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities, we hereby certify that the facts in the foregoing pleading are true and correct to the best of our information and belief. Date: KNAUER & ASSOCIATES, L.S.C Plaintiff JOSEPH A. HEWITT Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY No. Civil Term JURY TRIAL DAMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 23rd day of January, 2001, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: Joseph A. Hewitt 600 West Walnut Street Palmyra, PA 17078 'l David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 41 I-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KNAUER & ASSOCIATES, L.S.C Plaintiff V. JOSEPH A. HEWITT Defendant IN THE COU'RT OF COMMON PLEAS, CUMBERLAND COUNTY No. 01-482 Civil Term JURY TRIAL DAMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 hy 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persoa o por abogado y archivar en la corte enforma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, Date: January 2~ 2001 DAVID W. KNAUER, L.S.C. . Da¢idW¢2~ Knauer[ l~quire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 KNAUER & ASSOCIATES, L.S.C Plaintiff JOSEPH A. HEWITT Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY No. 01-482 Civil Term JURY ]'RIAL DAMANDED 1. The Plaintiff Knauer and Associates is a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania with an address of 411A East Main Street, Mechanicsburg, Pennsylvania 17055, an assignee of David W. Knauer P.C. 2. The Defendant Joseph A. Hewitt is an adult i~ndividual with an address of 600 West Walnut Street, Palmyra, Pennsylvania 17078. 3. The Plaintiff and its assignor provided legal services for the Defendant for several matters including but not limited to representing him in a will contest with respect to the Estate of Bessie A. Wolfersberger and matters involving Tuscorora Township, Perry County, Pennsylvania. 4. The Plaintiff and its assignor and the Defendant agreed that the representation would be on an hourly basis. 5. The Plaintiff rendered to the Defendant bills totaling $9,563.15, to wit: a.) February 19, 1998 bill for services rendered with respect to the Estate of Bessie A. Wolfersberger in the amount $5,482.50; b.) February 19, 1998 bill for services rendered with respect to zoning and other matters involved with Tuscarora Township in the amount of $1,190.15; c.) March 25, 2000 bill for services rendered with respect to the Estate of Bessie A. Wolfersberger in the amount of $2,485.50; d.) January 26, 2001 bill for services rendered with respect ot the Estate of Bessie A. Wolfersberger in the amount of $405.00 The Plaintiff has marked as exhibits "A" through "D", attached hereto and incorporated herein by reference thereto true and correct copies of the aforesaid 6. The Plaintiff provided to the Defendant a recapitulation of the bills, showing the amount of the bills and the funds paid. The Plaintiff marks as Exhibit "E", attaches hereto and incorporated herein by reference thereto true and correct copies of the aforesaid recapitulation. 7. The Defendant paid $6,050.00, leaving a balance owed of $3,108.15. 8. The Plaintiff made demand on the Defendant to pay the remaining outstanding bills by letters dated February 14, 2000, March 25, 2000, May 24, 2000 and August 28, 2000. The Plaintiff has marked as Exhibit "F" through "1" and incorporated herein by reference thereto true and ,correct copies of the aforesaid letters. 9. In addition to the aforesaid bills, the Plaintiff also performed additional services between February 7, 2000 and August 28, 2000 in the amount of $405.00 10. The Defendant refused to pay the aforesaid unpaid balance of the 11. The Plaintiff and its assignor's bills were the usual, customary, and reasonable charges the Defendant agreed to pay. 12. The Plaintiff is entitled to payment of the unpaid balance of the bills. WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendant in the amount of $3,513.15 with interest on the unpaid balances and costs of suit. Date: January 26, 2001 Respectfully submitted, KNAUER & AS;SOCIATES, LS.C. ~)avid W. Knau~', Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Maiin Street Mechanicsburg, PA 17055 (717) 795-7790 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities, we hereby cedify that the facts in the :forecjoing pIeading are true and correct to the best of our information and belief. KNAUER & ASSOCIATES, L.S.C Plaintiff JOSEPH A. HEWlTT Defendant IN THE COl JRT OF COMMON PLEAS, CUMBERLAND COUNTY No. Civil Term JURY TRIALDAMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 26th day of January, 2001, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: Joseph A. Hewitt 600 West Walnut Street Palmyra, PA 1 7078 Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (71 7) 795-7790 DAVID W, KNAUER ATTORNEYS AT LAW 411 A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 February 19, 1998 MARK D. SCHWARTZ Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie Wolfersberger Bill for Services Rendered Date Description 08/29/96 Extensive office conference with client; reviewed documents; prepared reply to Co-Executor's petition for sanctions and removal of client as executor; called Estate counsel's office; left message to return call. 08/30/96 Called Estate counsel s office left message to return call. 09/03/96 Filed Praecipe to Enter Appearance and reply to motion to remove client as executor, etc.; drafted letter to Estate counsel; returned Estate counsel's call; left message to return call. 09/09/96 Called Estate Counsel's office; left message to return call. 09/10/96 Called Estate Counsel's office; left message to return call. 09/19/96 Receipt and review of title search from The Sentinel agency. 09/23/96 Called Estate Counsel's office; left message to return call. Time 3.20 .20 1.40 .20 .20 0.50 .20 Charge 480.00 30.00 210.00 30.00 30.00 75.00 30.00 11/19/96 Receipt and review o: ~sel. .20 30.00 12/04)96 12/05/96 12/18/96 10/02/96 10/03/96 01/31/97 03/04/97 03/10/97 04/07/97 O4/23/97 04/30/97 08/28/97 O9/12/97 09/29/97 10/02/97 10/10/97 10/15/97 10/20/97 10/21/97 Called Estate Counsel's office; left message to return call, Extensive telephone conference with Estate Counsel. Telephone calls to client regarding Humane Society concerns with sheep. Receipt and review of Order of the HonorablE; Warren G. Morgan scheduling hearing on petition to remove client as executor. Called Estate Counsel's office; left message 'to return call. Extensive telephone conference with estate counsel who will require co-executor to retain his own counsel if he wishes to pursue removal of client as executor. Receipt and review of letter from James Morgan, Esquire, Receipt and review of letter from client Meeting with Attorney Morgan. Meeting with client, Drafted letter to Attorney Morgan. Receipt and review of fetter from Attorney Morgan. Receipt and review of letter from R, Mark Thomas, Esquire. Drafted letter to Attorney Thomas. Receipt and review of letter from client, Receipt and review of Order and Petition scheduling hearing. Drafted petition to remove James Spangler as Co- Executor. Receipt and review of letter from Attorney Thomas. Meeting with client. Receipt and review of letter from Attorney Thomas, .3O .50 .2O .5O .2O .2O .30 .50 .20 .20 .20 .2O .20 .30 3.0 .2O .50 .20 30,00 45.00 75.00 30.00 75.00 30.00 30,00 45.00 75.00 30.00 30.00 30.00 30.00 30.00 45.00 450.00 30.00 75.00 30.00 10/29/97 12/08/97 - 12/09-97 12/08/97 - 12/12/97 12/17/97 01/14/98 01/17/98 02/12/98 02/13/98 12/17/97 - 02/18/98 'Receipt and review of letter from client. Meeting with client; drafted legal memorandurn on behalf of client. Preparation for hearing; reviewed file; attendance at hearings on December 10 & December 12, 1997; reviewed legal memorandum filed by Attorney Thomas. Preparation for and meeting with Attorney Thomas to narrow issues, to provide for procedure to resolve estate issues, and to plan to conclude estate. Drafted letter to Attorney Morgan confirming that his bill has been paid. Telephone conference with Attorney Boyanowski to confirm that her bill had been paid; drafted letter confirming same; receipt and review of letter from Attorney Morgan; drafted letter to Attorney Thomas forwarding letter of Attorney Morgan. Drafted letter to Attorney Thomas forwarding letter of Attorney Boyanowski and confirming meeting with Executors. Drafted letter to client regarding meeting of Executors. Numerous telephone conferences with Attorney Thomas. .40 5.0 12.0 1.50 .3O 1.00 .3O .3O 1.0 60.00 750.00 1,800.00 225.00 45.00 150.00 45.00 45.00 150.00 Total ,Charges Plus Expenses Advanced Less Retainer Total Amount Due $5,400.00 82.50 $5,482.50 2,200.00 $~282.50 DAVID W. KNAUER A'FrORNEYS AT LAW 411 A E~st Main Street Mechanicsburg, PA 17055 (717) 795-7790 February 19, 1998 MARK D. SCHWARTZ Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Tuscarora Township Zoning Bill for Services Rendered' Date Description Time Charqe 04-07-97 Office appointment with client 0.50 50.00 04-08-97 Telephone conference with Jerry A. Philpott, Esquire 0.30 30.00 04-23-97 Visit to Hewitt farm with Mr. George Fleisher 3.00 300.00 05-02-97 Telephone conference with Attorney Philpott 0.20 20.00 05-09-97 Receipt and review of letter with township ordinances 0.60 60.00 from Attorney Philpott 05-27-97 Drafted letter to Attorney Philpott 0.30 30.00 06-05-97 Receipt and review of letter from Attorney Philpott 0.20 20.00 06-13-97 Telephone call from client 0.20 20.00 06-24-97 Receipt and review of letter from Attorney Philpott 0.20 20.00 07-12-97 Visit to Hewitt farm (Mr. Fleisher, client, and Attorney 4.00 400.00 Knauer) ~This invoice is for work performed on or after April 7, 1997. You were previously billed for work performed from August 30, 1996, through April 6, 1997, which was paid by the retainer given to us when you hired us to represent in this ma ter. On April 7, 1997, you provided an additional retainer of $600. 07-15-97 - 07-23-97 07-30-97 08-11-97 09-12-97 09-19-97 09-24-97 10-08-97 10-10-97 Receipt and review of Ietter from Attorney Philpott Drafted letter to Attorney Philpott Receipt and review of letter from client Receipt and review of letter from client Office meeting with client Drafted letter to Attorney Philpott Receipt and review of letter from Attorney Philpott Drafted letter to Attorney Philpott Receipt and review of letter and enclosures from Attorney Philpott Total Charges Plus Expenses ,Advanced Less Retainer Total Amount Due 0.20 0.20 0.20 0.20 0.50 0.30 0.20 0.20 0.20 .. 20.00 20.00 20.00 20.00 50.00 30.00 20.00 20.00 20.00 $1,170.00 20.15 $1,190.15 600.00 $ 590/15 ATTORNEY BILL AND TIME EXPENDED ESTATE OF BESSIE WOLFERSBERGER 4-15 4-16 1998 Receipt, review, and analysis of the April 13, 1998 decision of the Honorable Warren G. Morgan finding in favor of Mr. Hewitt..2 Telephone call to Mr. Thomas's office. He was not in and left word to request a return telephone call..1 Telephone call to Mr. Hewitt to inform him that Judge Morgan had found in his favor on the third lot..2 Telephone conference with Mr. Thomas who informed me that he had not yet spoken with his clients but would inform me of their decision..2 Letter to Mr. Hewitt with copy of Judge Morgan's decision and update on status of case after Judge Morgan's decision..3. 4-27-29 Two telephone calls to Mr. Thomas' office. Left: word to call..2 5-1 5-4 5-14 Receipt and review of letter from Mr. Hewitt..2 Extensive letter in reply to Mr. Hewitt's letter received on May 1, 1998. 1.0 Telephone call to Mr. Thomas to determine if his clients had appealed Judge Morgan's April 13, 1998 decision. Secretary informed me that Mr. Thomas had not filed an appeal. Left word to call to determinE; if his client's may have changed attorneys again..2 5-18 Receipt and review of letter from Mr. Hewitt..2 5-21 Short conference with Thomas who informed me that his clients will not appeal Judge Morgan's decision..3 5-21 Letter to Mr. Hewitt reporting that Mr. Thomas's clients will not appeal..3 8/29 Extensive conference with client, review of documents, preparation of reply to other executor's petition for sanctions and removal of client as co-executor. 3.0 8/29 Telephone conference with Estate counsel's office, left word to call..2 8/30 Telephone conference with Estate Counsel's office, left word to call..2 9/2 9/3 9/9 9/10 9-23 10-2 10-3 10-10 10-29 11-13 11-19 12-4 12-5 12-18 File reply to executor's motion to remove client as executor, etc. 1.0 Returned Estate counsel's call. Telephone conference with Estate counsel's office, left word to call.2 Telephone conference with Estate Counsel's office, left word to call..2 Telephone conference with Estate counsel left word call..2 Telephone call to Estate Counsel's office, left word to call..2 Receipt and review of Order of the Honorable Warren G. Morgan scheduling hearing on other executor's petition to remove client as executor..2 Telephone call to Estate Counsel's office, left word to call..2 Estate Counsel returned telephone carl. Extensive telephone conference with her. She will require co-executor to retain his own counsel if he wishes to pursue removal of client as executor..3 Drafting and filing of Petition to Remove Spangle~r as Co-Executor. 3.0. Reading and review of letter from Mr. Spangler..5 Receipt and review of November 13, 1998 letter of Mr. Thomas with respect to estate accounts..2 Receipt and Review of letter from Estate counsel..2 Phone call to Estate Counsel, left message..2 Extensive telephone conference with Estate Counsel..3 Telephone calls to Mr. Hewitt Re: Humane Society concerns with sheep..5 1999. 01-21 Receipt and review of letter from Mr. Hewitt..2 01-22 Phone call from Sue Helm..2 01-23 Phone call to Mark Thomas, Esquire..2 05-27 Telephone conference with Rachel Helm who called with respect to Perry County case..2 2000 02-03 Receipt and review of Mr. Hewitt's Ietter concerning erroneous information that we had place a lien against his property..2 Letter to Mr. Hewitt with status of the estate and informing him that we had not placed any lien on his property or taken an action against him. ,,4 Telephone conference with Attorney Thomas requesting update on when the estate would be completed..3 Total 16.0 Hours @ 150.00 Per Hour ................................................ $2,400.00 COSTS ADVANCED 03/99 Deeds (Dauphin County) 85.50 Total Costs Advanced 85.50 Total Costs & Outstanding Bill 2,485.50 JOSEPH HEWITT ATTORNEY'S BILL FOR PROFESSIONAL SERVICES RENDERED FROM FEBRUARY 3, 2000 02-07- Telephone conference with Mark Thomas, Esquire who, informed me that 02-11 the estate was insolvent without sufficient funds to pay death taxes..2 02-14 Letter to Mr. Thomas confirming the telephone conference wherein he informed me of the insolvency of the estate..3 Letter to Mr. Hewitt informing him that Mr. Thomas had informed us that the estate was insolvent and was without funds to pay death taxes..3 03-25 Letter to Mr. Hewitt informing him that we wouJ'd no longer represent him if he did not pay his outstanding bill. No Charge 03-29 Receipt and review of Petter from Mr. Hewitt..3 05-24 Letter to Mr. Hewitt with respect to his outstanding bill. No Charge 06-16 Receipt and review of letter from Mr. Thomas concerning insolvency of the estate, his opinion that the Co-Executors and heir Joyce Seibert should make up the deficit to pay the death taxes..2 07-03 Letter to Mr. Thomas in response to his letter of June 16, 2000..3 07-27 Receipt of Mr. Thomas' letter with respect to surcharge of the estate..2 08-23 Telephone conference with Mr. Thomas with respect to the insolvency of the estate and the amount of the insolvency..3 08-24 Letter to Mr. Thomas informing him of termination of our representation of Mr. Hewitt and also of the pro rata contribution that Mr. Hewitt was not responsible for..3 08-28 Letter to Mr. Hewitt with respect to status of the estate and transfer of file should he retain additional counsel..3 Total 2.7 Hours @ 150.00 Per Hour ............................................ $405.00 02-07- 02-11 02-14 03-25 03-29 05-24 06-16 07-03 07-27 08-23 08-24 08-28 JOSEPH HEWITT ATTORNEY'S BILL FOR PROFESSIONAL SERVICES RENDERED FROM FEBRUARY 3, 2000 Telephone conference with Mark Thomas, Esquire who, informed me that the estate was insolvent without sufficient funds to pay death taxes..2 Letter to Mr. Thomas confirming the telephone conference wherein he informed me of the insolvency of the estate..3 Letter to Mr. Hewitt informing him that Mr. Thomas had informed us that the estate was insolvent and was without funds to pay death taxes..3 Letter to Mr. Hewitt informing him that we would no longer represent him if he did not pay his outstanding bill. No Charge Receipt and review of letter from Mr. Hewitt..3 Letter to Mr. Hewitt with respect to his outstanding bill. No Charge Receipt and review of letter from Mr. Thomas concerning insolvency of the estate, his opinion that the Co-Executors and heir Joyce Seibert should make up the deficit to pay the death taxes..2 Letter to Mr. Thomas in response to his letter of June 16, 2000..3 Receipt of Mr. Thomas' letter with respect to surcharge of the estate..2 Telephone conference with Mr. Thomas with respect to the insolvency of the estate and the amount of the insolvency..3 Letter to Mr. Thomas informing him of termination of our representation of Mr. Hewitt and also of the pro rata contribution that Mr. Hewitt was not responsible for..3 Letter to Mr. Hewitt with respect to status of the estate and transfer of file should he retain additional counsel..3 Total 2.7 Hours @ 150.00 Per Hour ............................................ $405.00 Kna&er & Associates, LSC 41 lA E. Main St., Mechanicsburg, PA 17055 Attorneys-at-Law Telephone: (717) 795-7790 F,zx: (717) 795-7793 David W. Knauer JOSEPH HEWITT WOLFERSBERGER ESTATE & TUSCARORA TOWNSHIP ZONING 2/19/1998 2/19/1998 3/25/2000 TOTAL BILLING HISTORY Zoning Bill (see attached) Estate Bill (see attached) Estate Bill (see attached) 1,190.15 5,482.50 2,485.50 Total Zoning and Estate Bills 9,158.15 TOTAL REIMBURSEMENT/FEE HISTORY 8/11/1996 8/30/1996 9/3/1996 4/7/1997 8/4/1998 Fee for Wolfersberger Estate 200.00 Fee for Wolfersberger Estate 250.00 Retainer for Wolfersberger Estate 2,000.00 Retainer for Tuscarora Township Zoning 600.00 Fee for Wolfersberger Estate 3,000.00 Total Zoning and Estate Reimbursement/Fees TOTAL OUTSTANDING BILL 6,050.00 3,108.15 PAYMENT UPON RECEIPT Knauer & Associates, LSC 41 lA E. Main St., Mechanicsburg, PA 17055 Attorneys-at-Law Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer February 14, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger Dear Mr. Hewitt: This acknowledges receipt of your letter vchereh'~ you stated that we had placed a lien against your property. You 8re mistaken. We have not filed any lien or taken any adverse action against you. I did review your accounts with us and I include herewith a statement of all bills owed to us. We would appreciate payment of the balance on your bills. Last week 1 spoke with R. Mark Thomas, Esquire who is counsel for your co- executor James Spangler. Mr. Thomas informed me that the estate had insufficient funds to pay both the state inheritance and the federal estate taxes. I requested him to provide us with a copy of the documentation with respect to the taxes. I will await receipt of the documentation to support his statement. I enclose a copy of said letter to him. Thank you for your prompt attention in this matter. If you have any question, please do not hesitate to contact me. Very truly you~'s, David W. Knauer DWK:wdm Enclosures \wpdocs\hewi,l\02-09-O0 he wkfl.ftr Knauer &_ Associates, LSC 41 lA E. Main St., Mechanicsburg, PA 17055 Attorneys-at-Laxv Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer March 25, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger Dear Mr. Hewitt: Please reference my letter of letter of February 14, 2000 in which I provided you with your outstanding bill with our firm. Since that letter, I have had no response from you and no payment of the bill. This letter is to inform you that if you do not pay the bill or reach an acceptable payment plan with us within within ten days of the date of this letter that we will be forced to file suit against you for payment of your bill. I do hope that it will be unnecessary to take thai: step however we will do so if the bill is not paid. Ve.,ry truly yours, Dhvid W. KnaL~er DWK:ahk 'twpd oc$~ewitt\03-25-00 hewitt,lt r Knauer & Associates, LSC 41lA E. Main Sr., Mechanicsburg, PA 17055 Attorneys-at-Law Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer May 24, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberqer/Tuscarora Township Zoning Matter~ Dear Mr. Hewitt: You had questioned our bills against your payments, therefore, I enclose herewith a complete billing history and all previously sent bills for your account with our firm, together with a certificate of mailing. Unless you pay the entire outstanding amount of $3,108.15 by June 5, 2000, will start suit against you to collect our fees. Upon commencement of suit, we will obtain a judgment and the Sheriff will seize and sell any of your property that they are able to seize. I do hope that it will not be necessary for us to start suit, but we must be paid for our work just as you wanted to be paid for your work. DWK:bm Enclosures \wpdocs~hewitt~O5-24-OOhewitl Jtr truly yours, Knauer & Associates, LSC Attorneys-at-Law 41 IA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 Emaih knauer@earlv.com David W. Knauer August 28, 2000 Mr. Joseph Hexvitt .. 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger and Knauer v. Hewitt Dear Mr. Hewitt: Please find enclosed a courtesy copy of the District Justice Complaint we are filing against you for non-payment of our bill, a copy of the June 15, 2000 letter orR. Mark Thomas, Esquire and my letter of the above date in response thereto. With respect to his request for contribution front the executors and beneficiaries to make up a $42, 000 shortfall of funds to pay the Pennsylvania Inheritance Tax, his proposal is that each beneficiary be responsible for their pro- rata portion of the unpaid taxes based on the value of the property they inherited. He informed me that he valued your share of the shortfall as approximately S As to the legal position, I believe that you should not have to make any contribution because the accounting information was withheld from you despite our numerous requests for copies of the accounting. I must call to your attention that you should retain legal counsel for the conclusion of the estate. I will co-operate fully with your new counsel to transfer your files and provide he or she with any information that may assist in responding to the requested payment. .Very truly yours, DWK:bm \company~-lexvitt\08-28-00hewitt.ltr David W. Knauer KNAUER & ASSOCIATES, L.S.C Plaintiff JOSEPH A. HEWlTT Defendant IN THE: COURT OF COMMON PLEAS, CUMBERLAND COUNTY No. 01-482 Civil Term JURY TRIAL DAMANDED PLAINTIFF'S REQUESTS FOR ADMISSION (FIRST SET) TO THE DEFENDANT JOSEPH HEWITT Within thirty (30) days of the date of service of these Plaintiffs Requests for Admission (First Set), for the purposes of this action only, you are requested to admit the truth of any matters within the scope of Pa.R.C.P. 4003.1 through Pa.R.C.P NO. 4003.5 inclusive set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in this request. The Plaintiff incorporates herein by reference thereto Pa.R.C.P. No. 4014, Pa.R.C.P. No. 4003.1, Pa.R.C.P. No. 4003.5 and Pa.R.C.P. No. 4019(d). For the purposes of these requests for admission, as appropriate, the singular is also the plural, the masculine and feminize gender are requested in accordance with the sex of the party or parties answering or objecting or on behalf of whom the answers or objections are made and the third party includes both genders as aforesaid and the third party pronoun "it" as to corporations, other business entities or other type of entities not hereinbefore set forth. Pursuant to Pa.R.C.P. No. 4014(b) the rnatters that the Plaintiff has requested you to admit shall be deemed admitted unless within thirty (30) days of service of these requests for admission you serve upon the Plaintiff an answer verified by you or an objection signed by you or by your counsel. If an objection is made, the reasons therefore shall be stated. The answer shall admit or deny the matter or set forth in detail the reasons why you cannot truthfully do so. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify the answer or deny only a part of the matter you are requested to admit, you shall specify so much of it as true and qualify or deny the remainder. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you state that you have made reasonable inquiry and that the information known or readily obtainable by you is insufficient to enable you to admit of deny the request for admission. If you consider that a matter of which an admission has been requested presents a genuine issue of trial you may not, on that ground alone, object to the request. You may, subject to the provisions of Pa.R.C.P. No. 4019(d) deny the matter or set forth reasons why you cannot admit or deny it. These requests for admission are bontinOing and in the event that you learn or come to believe that any objection, answer or admission made in response to these Plaintiff's Requests for Admission (First Set) is no longer true, then you have a duty to supplement your response to these requests. Date: January 26, 2001 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. W. Knaudr,'Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 1. The Plaintiff and its assignor provided legal services for the Defendant for several matters including but not limited to representing him in a will contest with respect to the Estate of Bessie A. Wolfersberger and matters involving Tuscorora Township, Perry County, Pennsylvania. 2. The Plaintiff and its assignor and the Defendant agreed that the representation would be on an hourly basis. 3. The Plaintiff rendered to the Defendant bills totaling $9,563.15, to wit: a.) February 19, 1998 bill for services ren, dered with respect to the Estate of Bessie A. Wolfersberger in the amount $5,482.50; b.) February 19, 1998 bill for services rendered with respect to zoning and other matters involved with Tuscarora Township in the amount of $1,190.15; c.) March 25, 2000 bill for services rendelred with respect to the Estate of Bessie A. Wolfersberger in the amount of $2,485.50; d.) January 26, 2001 bill for services rendered with respect ot the Estate of Bessie A. Wolfersberger in the amount of $405.00 The Plaintiff has marked as exhibits "A" through "D", attached hereto and incorporated herein by reference thereto true and correct copies of the aforesaid bills. 4. The Plaintiff provided to the Defendant a recapitulation of the bills, showing the amount of the bills and the f~nds paid. The Plaintiff marks as Exhibit "E", attaches hereto and incorporated herein by reference thereto true and correct copies of the aforesaid recapitulation. 5. The Defendant paid $6,050.00, leaving a balance owed of $3,108.15. 6. The Plaintiff made demand on the Defendant to pay the remaining outstanding bills by letters dated February 14, 2000, March 25, 2000, May 24, 2000 and August 28, 2000. The Plaintiff has marked as Exhibit "F" through "1" and incorporated herein by reference thereto true and correct copies of the aforesaid letters. 7. In addition to the aforesaid bills, the Plaintiff .also performed additional services between February 7, 2000 and August 28, 2000 in the amount of $405.00 8. The Defendant refused to pay the aforesaid unpaid balance of the bills. 9. The Plaintiff and its assignor's bills were the usual, customary, and reasonable charges the Defendant agreed to pay. 10. The Plaintiff is entitled to payment of the unpaid balance of the bills in the amount of $3,513.15 plus interest and costs of suit.. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knaber, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: January 26, 2001 (717)795-7790 DAVID W. KNAUER C~. ' ~'~'rt.O [! @ i',~, A'FrORNEYS AT LAW 411 A East Main Street Mechanicsburg. PA 17055 (717) 795-7790 Februaw 19,1998 MARK D. SCHWARTZ Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie Wolfersberger Bill for Services Rendered Date 08~29~96 Extensive office conference with client; reviewed documents; prepared reply to Co-Executor's petition for sanctions and removal of client as execulor; called Estate counsel's office; left message to return call. 08/30/96 Called Estate counsel's office; left message to return call. 09/03/96 Filed Praecipe to Enter Appearance and reply to motion to remove client as executor, etc.; drafted letter to Estate counsel; returned Estate counsel's call; left message to return call. 09/09/96 Called Estate Counsel's office; left message 1:o return call. 09/10/96 Called Estate ounsel s office; left message to return C ' call. 09/19/96 Receipt and review of title search from The Sentinel agency. 09/23/96 Called Estate Counsel's office; left message to return call. 11/19/96 Receipt and review o~~sel. .Time 3.20 .2O 1.40 .2O .2O 0.50 .2O .2O Charge 480.00 30.00 210.00 30.00 30.00 75.00 30.00 30.00 12/04/96 12/05/96 12/18/96 10102/96 10/03/96 01/31/97 03/04/97 03/10/97 04/O7/97 04/23/97 04/30/97 08/28/97 09/12/97 09/29/97 10/02/97 10/10/97 10/15/97 10/20/97 10/21/97 Called Estate Counsel's office.; left messagE; to return call. Extensive telephone conference with Estate, Counsel. Telephone calls to client regarding Humane Society concerns with sheep. Receipt and review of Order of the Honorable Warren G. Morgan scheduling hearing on petition to remove client as executor. Called Estate Counsel's office; left message to return call. Extensive telephone conference with estate counsel who will require co-executor to retain his own counsel if he wishes to pursue removal of client as executor. Receipt and review of letter from James Morgan, Esquire. Receipt and review of letter from client Meeting with Attorney Morgan. Meeting with client. Drafted letter to Attorney Morgan. Receipt and review of letter from Attorney Morgan. Receipt and review of letter from R. Mark Thomas, Esquire. Drafted letter to Attorney Thomas. Receipt and review of letter from client. Receipt and review of Order and Petition scheduling hearing. Drafted petition to remove James Spangler as Co- Executor. Receipt and review of letter from Attorney Thomas. Meeting with client. Receipt and review of letter from Attorney Thomas. .2O .3O .50 .2O .5O .2O .2O .30 .50 .20 .20 .20 .2O .20 .30 3.0 .2O .50 .20 30.00 45.00 75.00 30.00 75.00 30.00 30.00 45.00 75.00 30.00 30.00 30.00 30.00 30.00 45.00 450.00 30.00 75.00 30.OO 10/29/97 12/08/97 - 12/09-97 12/08/97 - 12/12/97 12/17/97 01/14/98 01/17/98 02/12/98 02/13/98 12/17/97 - 02/18/98 Receipt and review of letter fro.m client. I¥1eeting with client; drafted legal memorandum on behalf of client. Preparation for hearing; reviewed file; attendance at hearings on December 10 & December 12, 1997; reviewed legal memorandum filed by Attorney Thomas. Preparation for and meeting with Attorney Thomas to narrow issues, to provide for procedure to resolve estate issues, and to plan to conclude estate. Drafted letter to Attorney Morgan confirming that his bill has been paid. Telephone conference with Attorney Boyanowski to confirm that her bill had been paid; drafted le[ter confirming same; receipt and review of letter from Attorney Morgan; drafted letter to Attorney Thomas forwarding letter of Attorney Morgan. Drafted letter to Attorney Thomas forwarding letter of Attorney Boyanowski and confirming meeting with Executors. Drafted letter to client regarding meeting of Executors. Numerous telephone conferences with Attorney Thomas. .40 ' 5.0 12.0 1.50 .3O 1.00 .3O .30 1.0 '60.00 750.00 1,800.00 225.00 45.00 150.00 45.00 45.00 150.00 Total Charges Plus Expenses Advanced Less Retainer Total Arnount Due $5,400.00 82.50 $8,482.50 2,200.00 $3,282.50 DAVID W. KNAUER ATTORN.EYS AT. LAW 411 A E~st Main Street Mechanicsburg, PA 17055; (717) 795-7790 February 19, 1998 MARK D. SCHWARTZ Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Tuscarora Township Zoning Date 04-07-97 04-08-97 04-23-97 05-02-97 05-09-97 05-27-97 08-05-97 06-13-97 06-24-97 07-12-97 Bill for Services Rendered Description Time Charge O~ce appointment with client 0.50 50.00 Telephone conference with Jerry A. Philpot'[, Esquire 0.30 30.00 Visit to Hewitt farm with Mr. George FIeisher 3.00 300.00 Telephone conference with Attorney Philpott 0.20 20.00 Receipt and review of letter with township ordinances 0.60 60.00 from Attorney Philpott Drafted letter to Attorney Philpott 0.30 30.00 Receipt and review of letter from Attorney Philpott 0.20 20.00 Telephone call from client 0.20 20.00 Receipt and review of letter from Attorney Philpott 0.20 20.00 Visit to Hewitt farm (Mr. Fleisher, client, and Attorney 4.00 400.00 Knauer) ~This invoice is for work performed on or after April 7, 1997. You were previously billed for work performed from August 30, 1996, through April 6, 1997, which was paid by the retainer given to us when you hired us to represent ouin 'r.thismattE On April 7, 1997, you provided an additional retainer of S600. ~ 07-15-97 07-23-97 07-30-97 08-11-97 09-12-97 09-19-97 09-24-97 10-08-97 10-10-97 · Receipt and review of letter from Attorney Philpott Drafted letter to Attorney Philp~)tt Receipt and review of letter from client Receipt and review of letter from client Office meeting with client Drafted letter to Attorney Philpott Receipt and review of letter from Attorney Philpott Drafted letter to Attorney Philpott Receipt and review of letter and enclosures from Attorney Philpott Tot,~d Charges Plus Expenses Advanced Less Retainer Total Amount Due 0.20 0.20 0.20 0.20 0.50 0.30 0.20 0.20 0.20 20.00 20.00 20.00 20.00 50.00 30.00 20.00 20.00 20.00 $1,170.00 20.15 $1,190.15 600.00 $ 590.15 ATTORNEY BILL AND TIME EXPENDED ESTATE OF BESSIE WOLFERSBERGER 4-15 4-16 1998 Receipt, review, and analysis of the April 13, 1998 decision of the Honorable Warren G. Morgan finding in favor of Mr. Hewitt..2 Telephone call to Mr. Thomas's office. He was not in and left word to request a return telephone call..I Telephone call to Mr. Hewitt to inform him that Judge Morgan had found in his favor on the third lot..2 Telephone conference with Mr. Thomas who informed me that he had not yet spoken with his clients but would inform me of their decision..2 Letter to Mr. Hewitt with copy of Judge Morgan'.,; decision and update on status of case after Judge Morgan's decision..3. 4-27-29 Two telephone calls to Mr. Thomas' office. Left word to call..2 5-1 Receipt and review of letter from Mr. Hewitt..2 5-4 Extensive letter in reply to Mr. Hewitt's letter received on May 1, 1998. 1.0 5-14 Telephone call to Mr. Thomas to determine if his; clients had appealed Judge Morgan's April 13, 1998 decision. Secretary informed me that Mr. Thomas had not filed an appeal. Left word to call to determine if his client's may have changed attorneys again..2 5-18 Receipt and review of letter from Mr. Hewitt..2 5-21 Short conference with Thomas who informed me that his clients will not appeal Judge Morgan's decision..3 5-21 Letter to Mr. Hewitt reporting that Mr. Thomas's clients will not appeal..3 8/29 Extensive conference with client, review of documents, preparation of reply to other executor's petition for sanctions and removal of client as co-executor. 3.0 8/29 Telephone conference with Estate counsel's office, left word to call..2 8/30 Telephone conference with Estate Counsel's office, left word to call..2 9/2 9/3 9/9 9/10 9-23 10-2 10-3 10-10 10-29 11-13 11-19 12-4 12-5 12-18 File reply to executor's motion to remove, client as executor, etc. 1.0' Returned Estate counsel's call. Telephone conference with Estate counsel's office, left word to call.2 Telephone conference with Estate Counsel's office, left word to call..2 Telephone conference with Estate counsel left word call..2 Telephone call to Estate Counsel's office, left word to call..2 Receipt and review of Order of the Honorable Warren G. Morgan scheduling hearing on other executor's petition to remove client as executor..2 Telephone call to Estate Counsel's office, left word to call..2 Estate Counsel returned telephone call. Extensive telephone conference with her. She will require co-executor to retain his own counsel if he wishes to pursue removal of client as executor..3 Drafting and filing of Petition to Remove Spangler as Co-Executor. 3.0. Reading and review of letter from Mr. Span§ler..5 Receipt and review of November 13, 1998 letter of Mr. Thomas with respect to estate accounts..2 Receipt and Review of letter from Estate counsel..2 Phone call to Estate Counsel, left message..2 Extensive telephone conference with Estate Counsel..3 Telephone calls to Mr. Hewitt Re: Humane Society concerns with sheep..5 1999 01-21 Receipt and review of letter from Mr. Hewitt..2 01-22 Phone call from Sue Helm..2 01-23 Phone call to Mark Thomas, Esquire..2 05-27 Telephone conference with Rachel Helm who called with respect to Perry County case..2 .2000 02-03 Receipt and review of Mr. Hewitt's letter concerning erroneous information that we had place a lien against his properly..2 Letter to Mr. Hewitt with status of the estate and informing him that we had not placed any lien on his property or taken an action against him..4 Telephone conference with Attorney Thomas requesting update on when the estate would be completed..3 Total 16.0 Hours @ 150.00 Per Hour ............................................... $2,400.00 COSTSADVANCED 03/99 Deeds (Dauphin County) 85.50 Total Costs Advanced 85.50 Total Costs & Outstanding Bill 2,485.50 JOSEPH HEWITT ATTORNEY'S BILL FOR PROFESSIONAL SERVICES RENDERED FROM FEBRUARY 3, 2000 02-07- Telephone conference with Mark Thomas, Esquire who, informed me that 02-11 the estate was insolvent without sufficient funds to pay death taxes..2 02-14 Letter to Mr. Thomas confirming the telephone conference wherein he informed me of the insolvency of the estate..3 Letter to Mr. Hewitt informing him that Mr. Thomas had informed us that the estate was insolvent and was without funds to pay death taxes..3 03-25 Letter to Mr. Hewitt informing him that we would no longer represent him if he did not pay his outstanding bill. No Charge 03-29 Receipt and review of letter from Mr. Hewitt..3 05-24 Letter to Mr. Hewitt with respect to his outstanding bill. No Charge 06-16 Receipt and review of letter from Mr. Thomas concerning insolvency of the estate, his opinion that the Co-Executors and heir Joyce Seibert should make up the deficit to pay the death taxes..2 07-03 Letter to Mr. Thomas in response to his letter of June 16, 2000..3 07-27 Receipt of Mr. Thomas' letter with respect to surcharge of the estate..2 08-23 Telephone conference with Mr. Thomas with respect to the insolvency of the estate and the amount of the insolvency..3 08-24 Letter to Mr. Thomas informing him of terminal:ion of our representation of Mr. Hewitt and also of the pro rata contribution that Mr. Hewitt was not responsible for..3 08-28 Letter to Mr. Hewitt with respect to status of the estate and transfer of file should he retain additional counsel..3 Total 2,7 Hours @ 150.00 Per Hour ............................................ $405.00 JOSEoPH HEWITT ATTORNEY'S BILL FOR PROFESSIONAL SERVICES RENDERED FROM FEBRUARY 3, 2000 02-07- Telephone conference with Mark Thomas, Esquire who, informed me that 02-11 the estate was insolvent without sufficient funds to pay death taxes..2 02-14 Letter to Mr. Thomas confirming the telephone conference wherein he informed me of the insolvency of the estate..3 Letter to Mr. Hewitt informing him that Mr. Thomas had informed us that the estate was insolvent and was without funds to pay death taxes..3 03-25 Letter to Mr. Hewitt informing him that we would no longer represent him if he did not pay his outstanding bill. No Charge 03-29 Receipt and review of letter from Mr. Hewitt..3 05-24 Letter to Mr. Hewitt with respect to his outstanding bill. No Charge 06-16 Receipt and review of letter from Mr. Thomas concerning insolvency of the estate, his opinion that the Co-Executors and heir Joyce Seibert should make up the deficit to pay the death taxes..2 07-03 Letter to Mr. Thomas in response to his letter of June 16, 2000..3 07-27 Receipt of Mr. Thomas' letter with respect to surcharge of the estate..2 08-23 Telephone conference with Mr. Thomas with respect to the insolvency of the estate and the amount of the insolvency..3 08-24 Letter to Mr. Thomas informing him of termination of our representation of Mr. Hewitt and also of the pro rata contribution that Mr. Hewitt was not responsible for..3 08-28 Letter to Mr. Hewitt with respect to status of the estate and transfer of file should he retain additional counsel..3 Total 2.7 Hours @ 150.00 Per Hour ........................................... $405.00 Knaue'r & Associates, LSC 41 lA E. Main Sr., Mechanicsburg, 'PA 17055 Attorneys-at-taw Telephone: (717) 795-7790 F.'t':: (717) 795-7793 David \V. Knauer JOSEPH HEWITT WOLFERSBERGER ESTATE & TUSCARORA TOWNSHIP ZONING 2/19/1998 2/1911998 3/25/2000 TOTAL BILLING HISTORY Zoning Bill (see attached) Estate Biil (see attached) Estate Bill (see attached) 1,190.15 5,482.50 2,485.50 Total Zoning and Estate Bills 9,158.15 TOTAL REIMBURSEMENTIFEE HISTORY 8/11/1996 8/30/1996 9/3/1996 4/7/1997 8/4/1998 Fee for Wolfersberger Estate 200.00 Fee for Wolfersber§er Estate 250.00 Retainer for Wolfersberger Estate 2,000.00 Retainer for Tuscarora Township Zoning 600.00 Fee for Wolfersberger Estate 3,000.00 Total Zoning and Estate Reimbursement/Fees TOTAL OUTSTANDING BILL PA YMENT UPON RECEIPT 6,050.00 3,108.15 Knauer &_ Associates, LSC 41 lA E. Main St., Mechanicsburg, PA 17055 attorneys-at-Laxv Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer February 14, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger Dear Mr. Hewitt: This acknowledges receipt of 5'cur =~ter'~heretn you stated that we had placed a lien against your property. You are m,s.~en. We have not flied any lien or taken any adverse action against you. I did review your accounts with us and I include herewith a statement of all bills owed to us. We would appreciate payment of the br-~lance on your bills. Last week I spoke with R. Mark Thomas, Esquire who is counsel for your co- executor James Spangler. Mr. Thomas informed me that the estate had insufficient funds to pay both the state inheritance and the federal estate taxes. I requested him to provide us with a copy of the documentation with respect to the taxes. I will await receipt of the documentation to support his statement. I enclose a copy of said letter to him. Thank you for your prompt attention in this malter. If you have any question, please do not hesitate to contact me. Very truly yours, David W. Knauer DWK:wdm Enclosures Knauer ~g~ Associates, LSC 41lA E. Main Sr., Mechanicsburg, PA 17055 Attorneys-at. Laxv Telephone: (717) 795-7790 Fax: ('/17) 795-7793 David W. Knauer March 25,2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger Dear Mr. Hewitt: Please reference my letter of letter of Februa¢t 14, 2000 in which I provided you with your outstanding bill v¢ith our firm. ' Since that letter, I have had no response from you and no payment of the bill. This letter is to inform you that if you do not pay the bill or reach an acceptable payment plan with us within within ten days of the date of th's letter that we will be forced to file suit against you for payment of your bill. I do hope that it will be unneces_=ry.~ to take that step however we will do so if the bill is not ~' p¢ld. DWK:ahk Ve..ry truly yours, David W. Knat~er Knauer & Associates, LSC 41lA E. Main St., Mechanicsburg, PA 17055 Attorneys-at-Law Telephone: (717) 795-7790 Fax: (717) 795-7793 David W. Knauer May 24, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberqer/Tuscarora Township Zoninq Matter'.,'; Dear Mr. Hewitt: You had questioned our bills against your payments, therefore, I enclose herewith a complete billing history and all previously sent bills for your account with our firm, together with a certificate of mailing. Unless you pay the entire outstanding amount ofS3,108.15 by June 5, 2000, 1 will start suit against you to collect our fees. Upon cornmencement of suit, we will obtain a judgment and the Sheriff will seize and sell any of your property that they are able to seize. I do hope that it will not be necessary for us to start suit, but we must be paid for our work just as you wanted to be paid for your work. DWK:bm Enclosures ~wpdocs~hewitl\O$-24 -00hewit1.1tr .V,~,..ztruly yours, David W. Kn~0er Knauer/g~-.As$ociate$, LSC Attorney$-a~t-Law 41lA. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 Emaih ~knauer@earlv.com David W. Knauer August 28, 2000 Mr. Joseph Hewitt . 600 \Vest Walnut Avenue Palmyra, PA 17078 RE: Eslate of Bessie A. Wolfersberger and ~]auer v. Hewilt Dear Mr. Hewiu: Please find enclosed a courtesy copy of the Distrizt Justice Complaint we are filing against you for non-payment of our bill, a copy of the Jur~e 15, 2000 letter orR. Mark Thomas, Esquire and my letter of the above date in response thereto. With respect to his request for contribution from the executors and beneficiaries to make up a S42,000 shortfall of funds to [>ay tile Pennsylvania Inheritance Tax, his proposal is that each beneficiary be responsible for their pro- rata portion of the unpaid taxes based on tile value of the property they irfl~erited. He informed me that he valued your share of the shortfall as approximately S As to the legal position, I believe that you should not have to make any contribution because the accounting information was withheld from you despite our numerous requests for copies of the accounting. I must call to ),our attention that you should retain legal counsel for lhe conclusion of the estate. I will co-operate fully with your nexv counsel to transfer your files and provide he or she with any infom~ation that may assist in responding to tile requested payment. .Very truly yours, DWK:bm \company~Hexvitt\08-28-00hewitt.ltr David W. Knauer EXHIBIT KNAUER & ASSOCIATES, L.S.C Plaintiff JOSEPH A. HEWlTT Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY No. Civil Term JURY TRIAL DAMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 26rd day of January, 2001, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: Joseph A. Hewitt 600 West Walnut Street Palmyra, PA 17078 av]'d W. Kna~('r Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 DAVID W. KNAUER C~. ATTORNEYs AT ~W 411 A East Main Street Mecha.nicsburg, PA 17055 (717) 795-7790 February 19, 1998 MARKD. SCHWART Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie Wolfersberger D_ate 08/29/96 08/30/96 Bill for Services Rendered DescriPtion Extensive o~ce conference with client; reviewed documents; prepared reply to Co-Executor's petition for sanctions and removal cf client as executor; called Estate counsel's office; left message to return call. Called Estate counsel's off'ice; left message to return - 09/03196 Filed Praecipe to Enter Appearance and reply to odon to remove chent as executor, etc.; drafted letter to Estate counsel; returned Estate counsel's call; le~ message to return call. 09/09/96 Called Estate Counsel's ofl'~ce; left message to return call. 09/10/96 Called Estate Counsel's off'ice; left message to return call. 09/19/96 Receipt and review of title search from The Sentinel agency. 09/23/96 Called Estate Counsel's ofilce; left message to return call. 11/19/96 Receipt and review °~)sel' 'Time 3.20 .2O 1.40 .2O .2O 0.50 .2O .2O Charc~e 48O.0O 30.00 210.00 30.00 30.00 75.00 30.00 30.00 12/04/96 12/05/96 12/18/96 10/02/96 1'0/03/96 01/31/97 03/04/97 03/10/97 04/07/97 04/23/97 04/30/97 O8/28/97 09/12/97 09/29/97 10/O2/97 10/10/97 10/15/97 10/20/97 10/21/97 Called Estate Counsel's o~ce; left message to return call. Extensive telephone conference with Estate Counsel. Telephone calls to client regarding Humane Society concerns with sheep. Receipt and review of Order of the Honorable Warren G. Morgan scheduling hearing on petiticn to remove client as executor. Called Estate Counsel's o,ff~ce; left message to return call. Extensive telephone conference with estate counsel who will require co-executor to retain his own counsel if he wishes to pursue removal of client as executor. Receipt and review of!e~ter from James ;Morgan, Esquire. Receipt and review of letter from client Meeting with Atlorney Morgan. Meeting with client. Drafted letter to Attorney .Morgan. Receipt and review of Ietter from Attorney Morgan. Receipt and review of letter from R. Mark 'Thomas, Esquire. Drafted letter to Attorney Thomas. Receipt and review of letter from client. Receipt and review of Order and Petition scheduling hearing. Drafted petition to remove James Spangler as Co- Executor. Receipt and review of letter from Attorney Thomas. Meeting with client. Receipt and review of letter from Attorney T;homas. .2O .3O .50 .2O .5O .2O .20 .30 .50 .20 .20 .20 .2O .20 .30 3.0 .20 .50 .20 30.00 45.00 75.00 30.00 75.00 30.00 30.00 45.00 75.00 30.00 30.00 30.00 30.00 30.00 45.O0 450.00 30.00 75.00 30.00 10/29/97 12/08/97 - 12/09-97 12/08/97 - 12/12/97 12/17/97 01/14/98 01/17/98 02/12~98 02/13/98 12/17/97 - 02/18/98 Receipt and review of letter from client. Meeting with client; drafted legal memorandum on behalf of client. Preparation for hearing; reviewed file; attendance at hearings on December 10 & December 12, 1997; reviewed legal memorandum filed by Attorney Thomas. Preparation for and meeting v,,i~h Attorney, Thomas to narrow issues, to provide for procedure tc, resolve estate issues, and to plan to conclude estate. Drafted letter to Attorney Morgan confirming that his bill has been paid. Te!ephone conference with Attorney Boyanowski to confirm that her bill had been paid; drafted Jetter confirming same; receipt and review of Ietler from Attorney Morgan; drafted letter to ^ - - A ,--, ~orn~y I hom,:,s fo~','arding letter of Attorney Morgan. Drafted letter to Attorney Thomas for¥,,arding letter of Attorney Boyanowski and confirming meeting with Executors. Drafted '~, ~er to client re_carding meeting of Executors. Numerous telephone conferences with Attorney Thomas. .40 5.0 12.0 1.50 .3O 1.00 .3O .30 1.0 60.00 750.00 1,800.00 225.00 45.00 150.00 45.00 45.00 150.00 Tot~l Charges Plus Expenses; Advanced Less Retainer Total Amount Due $5,400.00 $5,482.$0 2.200.00 $3,282.50 DAVID W. KNAUER A'I-TORNEy$ AT LAW 411 A East Main Street Mech~nicsburg, PA 17055 (717) 795-7790 February 19, 1998 MARK D. SCHWART Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Tuscarora Township Zoning Date 04-07-97 04-08-97 04-23-97 05-02-97 05-09-97 05-27-97 06-05-97 08-13-97 06-24-97 07-12-97 Bill for Services Rendered' Description Time. Off,~ce appointment with c;!ent 0.50 Telephone conference v,,ith Jerry A. Phi]potL Esquire 0.30 Visit to Hewitt farm with Mr. George F]eisher 3.00 Telephone conference v,,ilh Attorney Philpott 0.20 Receipt and review of '.e~ter with tov,,nship crdinar, ces 0.60 from Attorney Phi!port Drafted letter to Attorney F'hilpott 0.30 Receipt and review of letter from Attorney Phi]port 0.20 Telephone call from client 0.20 Receipt and review of letter from Attorney Philpott 0.20 Visit to Hev,,itt farm (Mr. Fleisher, client, a¢,d Attorney 4.00 Knauer) Char(:e 50.00 30.00 300.00 20.00 60.00 30.00 20.00 20.00 20.00 4OO.0O the retainer given to us when you hired us to represent you in this matter. 1997. you provided an additional re~ainer of S600. EXHIBIT On April 7, 07~15-97 07-23-97 07-30-97 08-11-97 09-12-97 09-19-97 09-24-97 10-08-97 10-10-97 Receipt and review of letter from Attorney Philpott Drafted letter to Attorney Philpott Receipt and review of letter from client Receipt and review of !etter from client Ofi~ce meeting with client Drafted letter to Attorney Phiipott Receipt and review of leiter from Attorney Philpo~t Drafted ~ ' - ,ed~r ~o Attorney Phi]port Receipt and review of letter and enclosures from Attorney Phitpott 0.20 0.20 0.20 0.20 0.50 0.30 0.20 0.20 0.20 20.00 20.00 20.00 20.00 50.00 30.00 20.00 20.00 20.00 Total Charges Plus Expenses Advanced Less Retainer Total Amount Due S1,170.00 20.15 $1,190.15 600.00 S 590.15 .,ATTORNEY BILL AND TIME EXPENDED ESTATE OF BESSIE WOLFERSBERGER .'[998 4-15 Receipt, review, and analysis of the April 13, 1998 decision of the Honorable Warren G. Morgan finding in favor of Mr. Hewitt..2 Telephone call to Mr. Thomas's of'rice. Ne ,,',/as not in and left word to request a return telephone call..1 Telephone call to Mr. Hewitt to inform him that Judge Morgan had found in his favor on the third lot..2 4-16 Telephone conference with Mr. Thomas ;','ho informed me that he had not yet spoken with his clients but would inform me of their decision..2 Letter to Mr. Hewitt with copy of Judge Morgan's decision and update on status of case after Judge Morgan's decision..3. 4-27-29 Two telephone calls to Mr. Thomas' orifice. Left word to call..2 5-1 Receipt and review of letter from Mr. Hewitt..2 5-4 5-14 Extensive letter in reply to Mr. Hewitt's letter rece'ved on May 1, 1998. 1.0 Telephone call to Mr. Thomas to determine if his clients had appealed Judge 'lorggn s April 13, 1998 decision. Secretary informed me that Mr. Thomas had not filed an appeal. Left word to call to determine if his client's may have changed attorneys again..2 5-18 Receipt and review of letter from Mr. Hev,,itt..2 5-21 Shod conference with Thomas who informed rne that his clients will not appeal Judge Morgan's decision..3 5-21 Letter to Mr. Hewitt reporting that Mr. Thomas's clients ',,,,ill not appeal..3 8/29 Extensive conference with client, review of documents, preparation of reply to other executor's petition for sanctions and removal of client as co-executor. 3.0 8/29 Telephone conference with Estate counsel's office, left word to call..2 8/30 Telephone conference with Estate Counsel's or'rice, left word to call..2 9/2 File reply to executor's motion to remove client as executor, etc. 1.0 9/3 Returned Estate c ' ounsel s call. Telephone conference with Estate c ' office, left Word to call.2 ounsel s 9/9 Telephone conference with Estate Counse,l's office, left word to call..2 9/10 Telephone conference with Estate counsel left Word call..2 9-23 Telephone call to Estate Counsel's office, left word to call..2 10-2 Receipt and review of Order of the Honorable Warren G. Morgan scheduling hearing on other executor's petition to remove client as executor..2 10-3 Telephone call to Estate C ' ounsel s office, le. ft word to call..2 Estate Counsel returned Ielephone call. Extensive telephone conference `.',,Jth her. She ,.','ill require co-executor to retain his ov`'n counsel if he wishes to pursue removal of client as executor..3 10-10 Drafting and filing of Petition to Remove Spangler as Co-Executor. 3.0. 10-29 Reading and review of letter from Mr. Spangler..5 11-13 Receipt and review of November 13, 1998 lelter of Mr. Thomas with respect to estate accounts..2 11-19 Receipt and Reviev,, of letter from Estate counsel..2 12-4 Phone call to Estate Counsel, left message. 12-5 Extensive telephone conference with Estate Counsel..3 12-18 Telephone calls to Mr. Hev,,itt Re: Humane Society concerns with sheep..5 1_999 01-21 Receipt and review of letter from Mr. HewJtt..2 01-22 Phone call from Sue Helm..2 01-23 Phone call to Mark Thomas, Esquire..2 05-27 Telephone conference with Rachel Helm ',',,ho c;=-Jled v`'Jth respect to Perry County case..2 2000 02-03 Receipt and review of Mr. Hewitt's letter concerning erroneous information that we had place a lien against his properly..2 Letter to Mr. Hewitt ,.vith status of the estate and informing him that we had not placed any lien on his property or taken an action against him..4 Telephone conference with Attorney Thomas requesting update on ',',,hen the estate would be completed..3 Total 16.0 Hours @150.00 Per Hour ................................................ $2,400.00 03/99 COSTS ADVANCED Deeds (Dauphin ~' L. oumy) 85.50 Total Costs Advanced 85.50 Total Costs & Outstanding Bill 2,485.50 _JOSEPH HEWITT ATTORNEY'S BILL FOR PROFESSIONAL SERVICES RENDERED FROM FEBRUARY 3, 2000 03-25 03-29 05-24 06-16 07-03 07-27 08-23 O8-24 02-07- Telephone conference with Mark Thomas, Esquire who, informed me that 02-11 the estate was insolvent without sufficient funds to pay death taxes..2 02-14 Letter to Mr. Thomas confirming the telephone conference wherein he informed me of the insolvency of the estate..3 Letter to Mr. Hewitt informing him that Mr. Thomas had informed us that the estate was insolvent and was without funds to pay death taxes..3 Letter to Mr. Hewitt informing him that we would no longer represent him if he did not pay his outstanding bill. No Charge Receipt and review of letter from Mr. Hew:itt..3 Letter to Mr. Hewitt with respect to his outstanding bill. No Charge Receipt and review of letter from Mr. Thomas concerning insolvency of the estate, his opinion that the Co-Executors and heir Joyce Seibert should make up the deficit to pay the death taxes..2 Letter to Mr. Thomas in response to his letter of June 16, 2000..3 Receipt of Mr. Thomas' letter with respect I:o surcharge of the estate..2 Telephone conference with Mr. Thomas with respect to the insolvency of the estate and the amount of the insolvency..3 Letter to Mr. Thomas informing him of term:~nation of our representation of Mr. Hewitt and also of the pro rata contribution that Mr. HewJtt was not responsible for..3 08-28 Letter to Mr. Hewitt with respect to status of the estate and transfer of file should he retain additional counsel..3 Total 2.7 Hours @150.00 Per Hour ........................................... $405.00 .JOSEPH HEWITT ATTORNEY'S BILL FOR PROFESSIONAL SERVICE,'; _RENDERED FROM FEBRUARY 3. 2000 03-25 03-29 O5-24 06-16 07-03 07-27 08-23 08-24 02-07- Telephone conference v,,ith Mark Thomas, Esquire ',',,ho, informed me that 02-11 the estate was insolvent v,,ithout sufficient funds to pay death taxes..2 02-14 Letter to Mr. Thomas confirming the tele;Dhone conference wherein he informed me of the insolvency of the st,:te..3 Letter to Mr. Hev,,Jtt informing him that Mr. Thomas had informed us that the estate ``,vas insolvent and '.,vas without funds to pay death taxes..3 Letter to Mr. HewiIt informing him that we would no longer represent him if he did not pay his outstanding bill. No Charge Receipt and reviev,, of letter from Mr. Hev,/itt..3 Letter to Mr. Hev,,itt with respect to his outstanding bill. No Charge Receipt and review of Ietter from Mr. Thomas concerning insolvency of the estate, his opinion that the Co-Executors and heir Joyce Seibert should make up the deficit to pay the death taxes..2 Letter to Mr. Thomas in response to his letter of June 16, 2000..3 Receipt of Mr. Thomas' Ietter with respect to surcharge of the estate..2 Telephone conference with Mr. Thomas with respect to the insolvency of the estate and the amount of the insolvency..3 Letter to Mr. Thomas informing him of termination of our representation of Mr. Hevvitt and also of the pro rata contribution that Mr. Hevvitt ``,vas not responsible for..3 08-28 Letter to Mr. Hewitt with respect to status of the estate and transfer of file should he retain additional counsel..3 Total 2.7 Hours @150.00 Per Hour ........................................... $405.00 Knauer ~,a Associates, LSC 41 lA. E. Main St., Mechanicsburg, PA 1705.5 Attorneys-at-Law Te}epF, one: (717) 795-7~90 JOSEPH HEWITT WQLFERSBERGER ESTATE & TUSCARQRA TQI/¢NSHIP ZQNING /1 o/~ co 2/19/1998 3/~'25/2000 TOTAL BILLING_HIS_TORy Zoning Biil (see a~ached) Estate Biil (see .... = ' Estate Bill (see attache,J) 1,190.15 5,482.50 2,485.50 Total Zoning and Estate Bills 9,158.15 8/11/1996 8/30/1996 9/3/1996 4/7/1997 8~/4/1998 TOTAL REIMB -- U"°EMENr-T/FEE HISTORY Fee for Woffersber_cer Estate 200.00 Fee for Wolfersberger Esta',e 250.00 Retainer for Woifersberger Eslate 2,000.00 Relainer for Tuscarora Township Zoning 600.00 Fee for Wolfersber~cer Estate 3,000.00 Total Zoning and Estate Reimbursement/Fees TOTAL OUTSTANDING BILL PA YMENT UPON RECEIPT 8,050.00 3,108.15 Knauer co< Associates, LSC 41 lA E. Main St., Mechanicsburg, PA 17055 Attorneys-at. Law Te pphen¢: (717) 795-7 F~.x: (~ 1 ~) ,%c5.7~93 14, 2000 Mr. Joseph Hewitt 600 West ~', - W¢Inut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. V/o/£ersberger Dear k4r. H.. This- :, . , . . =c nc,,,ecc=sreceigtcf c.,l=:~er.,,.,a=re~nycuslaledtnat,,. '- - hen 8~ca:r, st 5'our g. rcF-ert:,. Ycu are -: ...... ,.e n¢d p!aced adverse r-ct]on - -:- , , ,'~ na;,e , -- - . NC ~.=0 Ny. ~N O/'tc~=N an), ~Cc,,~S~ )"CU. I did revie;v ),our accounts 'with us ~nd ; · .,_,= ..., ,nc~t. de herev,,~th a -,¢~ment o~ ,tl bills owed to us. We ',vculd appreciate Jz%;ment of ihs b=Jance on your biIIs. Last v,'eek I spoke ,,,dlh R. M, srk Thomas, Esouire who is counsel for ),our co- .exe,cutor James S-'z'aneJer. Mr. Thomas ' ' ' ,unos ~o r',=,, h,-,?, ,~-= ..... ~n;crmed me that the estate had insufficient ,- ; ..... ,,.~ -'~¢,= inherit, price srzd ';'-- ' ' · ,,,= ,eceral estate faxes. I requested hem to prcvide us wdh a copy cf the : .... . ' CCCUFE, e , ¢ ~CN' :" - . receipt of the documentation, . . ,-, ,,,,n ,espect to the taxes. I will av,,eit him. ,o sup~..o,, his slatsment, j enclose a copy of said Ielter .to Thank you for )'our prompt = ,=ri,ion ~n in~s m,=Iter. If you have any quest}on, please do not hesilate to contact me. DWK:wdm Very truly yours, Devid W. Kneuer I<nauer ~ Associates, L$C lA E. Main Sr., .'%(echanicsburg, PA 17055 Attorneys-at-~w Td~pkc, n~: (7] 7) ~95-7790 (717) 795.7793 D~vid W. March 25, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra. PA 17078 ,RE: Estate of Bessie A. Wolfersberger Dear Mr. He,,.,.t: P!ease reference , ·. my~=,,=, c ,..ur c,f recruar! ;.~ 2000 in which I crc'.,ded you ',','~tn :,'cur outs~.anding bill wilh our firm. '" . Since that," ,e,,er, I have had no response frcm you and no payment of the bill· This ' · , · - ,e ter Is ~o morro you" -" , ,n=t if ~ou do not pay the biil or reach an acceptaNe payment plan with us with n within ten dc, w ~f .h~, .~-,I" ' ' ....... ~ ' - --'~ ~' "'= "='e of this e-er that v.,e will be ~u~u ~u me suJ~ ¢galnst you Tot payment of your I do hope that" ,,. ~.,J b~ unnecessaPjto !~ke ::hat .'~p ho ever x.'u',',,¢il do so ;'" bill is nct pa~d. ' DWK:ahk V?.? truly ),'ours, · ~. - , l Knauer ~_ A~sociates, LSC 41!,4. E. Main St., -'Mechanicsburg, PA. 17055 Attorneys-ar-Law Tt]ep~on~: (7 ] 7) 795-7790 F~: (717) 795-7793 D~viS\V. Kn~utr May 24, 2000 Mr. Joseph Hewiit 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberoer/Tusc~tor__~ Township Zonino Matter.~. Dear Mr. He,,~ t. You had questioned our bills against ),cur Payments, therefore, I enclose herewith a complete bil!ing history and ail previously sent bills for your account with our f3rm, together with a certificate of mailing. Unless you pay the entire outstanding amount of S3,108.15 by June 5, 2000, 1 will start suit against you to collect our fees. Upon commencement of suit, we will obtain a judgment and the Sheriff x,, ~} seize and sell any of ).'our property that they are able to seize. I do hope ihat it will not be necessary for us to start suit, but we must be paid for our work just as you wanted to be paid for ),our work. DWK:bm ~nCICSur~$ V.ery truly yours, David W. Kha/~er Knauer Associates, LSC Attorneys-at-Law 41 lA. E~t Main Street, ~echanicsburg, PA 17055 Telephone: (717) 795-7790 Fzx: (717) 795-7793 David W. Knauer Emzi}: ltI~auer~,.e~Hv.com August 28, 2000 .'sir. Joseph HewSI~ 600 \Vest \\'"a]nu~ Avel~ue Palmyra, PA 1707g R.E: Es~a~e of Bessie A. \Vo]£ersberger and Knauer v. Hexx'i~ Dear ~r. Hewju: Please 15nd enclosed a counesv copy oflb. e DLqrict Justice Co~, ,, ~, ,, are fi ]no_ a~aln~t 3ou :~.r~,o~-o~3mer. t o~ our k/il. a ccmv offl:e Ju~e la, 2000 oFR. ~ark Thomas, Esquire ~nd mv]e~2er '., With respect Io his request for co::!ribufion from t]~e execulors and bene~ciarSes ~o make up a S42, 000 ~]~o~q~h}l of ~Snds ::o pay fl:e Pennsy]vanSa Inheritance Tax, }~is proposal is fl~a~ each beneficiaw be responsible for fl~eSr pro- ram portion office u ~paid rexes based en fl~e value offfl=e property fl~ey i~erS~ed. He infuriated me fl~a~ be x'a~ued your s~are offi:e shonlhH as approxima~eJy S .As Io fi~e legal posSfion, ! believe ~?)at you should ~ot bax'e ~o make a:~3, contribution because ~be accounting Jn£on~alion was xvfl}~he]d £rom you desphe our numerous requesls £or copies o£fl~e accounting. I taus! call lO )'our aHenfion fluat you should re~aJn legal cou~sel for fl;e conclusion o£fl~e es~a~e. I will co-opera~e £uily whh 3'our new counsel ~o ~ransfer 5'our files and provide be or she whh any infom~afion fl:~at may assSs~ in respondSng lo lloe reque$1ed paymenl. .Very wu]y yours, David \V. Knauer DWK:bm !company\HcwiW..0$-2$-00bewht.llr EXHIBIT DAVID W. KNAUER A'FfORNEYs AT !J~,W 411 A East Main Street Mecha~icsburg, PA 17055 (717) 7@5-7790 February 19, 1998 MARKD. SCHWART Mr. Joseph Hewitt 800 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie Wolfersberger D~ate 08/29/96 08/30/96 Bill for Services Rendered Descriotion Extensive o~ce conference with client; reviewed documents; prepared reply to Co-Executor's petition for sanctions and removal cf client as executor; called Estate counsel's office; left message to return call. Called Estate counsel's off~ce; ]ef't message to return call. 09/03196 09109/96 Filed Praecipe to Emer Appearance and replyto motion to remove client as executor, etc.; drafted letter to Estate counsel; returned Estate counse s call; left message to return call. Called Estate Counsel's office; left messaqe to return - 09/10/98 Called Estate C ' ounsel s omce; Je~ message to return call. 09/19/96 Receipt and review of title search from The Sentinel agency. 09/23/96 Called Estate Counsel's ,'-" ~ o,nc~; left message to return call. 11/19/96 Receipt and review T me 3,20 .2O 1.40 .2O .2O 0.50 .2O .2O .Charge 480.00 30.00 210.00 30.00 30.00 75.00 30.00 30.00 12/04/96 12/05/96 12/18/96 10/02/96 10/03/96 01/31/97 03/04/97 03/10/97 04/07/97 04/23/97 O4/30/97 O8/28/97 09/12/97 09/29/97 10/02/97 10/10/97 10/15/97 10/20/97 1 O/21/97 Called Estate Counsel's office; ]eft message to return call. Extensive telephone conference with Estate Counsel. Telephone calls to client regarding Humane Society concerns with sheep. Receipt and review of Order of the Honorable Warren G. Morgan scheduling hearing on petition to remove client as executor. Called Estate Counsel's office; left message to return call. Extensive telephone conference :',,i~h estate counsel who will require co-executor to retain his ov,,n counsel if he wishes to pursue removal of c~ient as executor. Receipt and review of L,,er from James ;Morgan, Esquire. Receipt and review of letter from client Meeting with Attorney Morgan. Meeting with client. Drafted letter to Attorney Morgan. Receipt and review of letter from Attorney Morgan. Receipt and review of letter from R. Mark 'Thomas, Esquire. Drafted letter to Attorney Thomas. Receipt and review of letter from client. Receipt and review of Order and Petition scheduling hearing. Drafted petition to remove James Spangler as Co- Execulor. Receipt and review of letter from Attorney Thomss. Meeting with client. Receipt and review of lelter from Attorney Thomas. .2O .30 .50 .2O .5O .2O .20 .30 .50 .20 .20 .20 .20 .20 .30 3.0 .2O .50 .20 30.00 45.00 75.00 30.00 75.00 30.00 30.00 45.00 75.00 30.00 30.00 30.00 30.00 30.00 45.00 450.00 30.00 75.00 30.00 10/29/97 12/08/97 12/09-97 12/08/97 12/12/97 12/17/97 01/14/98 01/17/98 02/12/98 02/13/98 12/17/97 - 02/18/98 Receipt and review of letter from client. Meeting with client; drafted legal memorandum on behalf of client. Preparation for hearing; reviewed fi]e; attendance at hearings on December 10 & December 12, 1997; reviewed legal memorandum filed by Attorney Thomas. Preparation for and meeting with Attorney Thomas to narrow issues, to provide for procedure tc resolve estate issues, and to plan to conclude estate. Drafted letter to Attorney Morgan confirming that his bill has been paid. Telephone conference with Attorney Boyanov,,ski to confirm that her bill had been paid; drafted letter confirming same; receipt and review of letter from Attorney Morgan; drafted Ietter to Attorney Thomas fon,',,arding letter of Attorney Morgan. Drafted letter to Attorney Thomas forwardil~g letter of Attorney Boyanowski and confirming meetling with Executors. Drafted i~,, ,~,er to client re_carding meeting of Executors. Numerous telephone con erenoes \,lin Attorney Thomas. .40 5.0 12.0 1.50 .3O 1.00 .3O .3O 1.0 80.00 750.00 1,800.00 225.00 45.00 150.00 45.00 45.00 150.00 Total Charges Plus Expenses Advanced Le,,~s Reta/ner Total A~ount Due $5,400.00 82.50 S5,482.50 2 200 O0 $3,282.50 DAVID W. KNAUER C~. ATTORNEYS AT !.J~,W 411 A E~st/','Jain St~'eet Mech~nicsburg, PA 17055 (717) 795-7790 February 19, 19cj8 MARK D. SCHWAR'I Mr. Joseph Hevvitt 600 West 'W~fnut Avenue Palmyra, PA 17078 RE: Tuscarora Township Zoning pate 04-07-97 04-08-97 04-23-97 05-02-97 05-09-97 05-27-97 06-05-97 06-13-97 06-24-97 07-12-97 Bill for Services Rendered, Description :Time Charge Ofiqce appoinlment with cilent 0.50 50.00 Telephone conference with Jerry A. Phi]port, Esquire 0.30 30.00 Visit to Hewitt farm with Mr. George Fleisher 3.00 300.00 Telephone conference with Attorney ?hiipott 0.20 20.00 Receipt and review cf letter v.,i~h Iov,,nship crdinances 0.60 60.6'0 from Attorney Phiipott Drafted letter ..... , o ,--,t~orn=) rnilpott 0.30 30.00 Receipt and review of !etter from Attorney Philpott 0.20 20.00 Telephone call from client 0.20 20.00 Receipt and review of lei~er from Attorney' Philpott 0.20 20.00 Visit to Hevvitt farm (Mr. :~-' ~ , ,:~sher, cl,ent, and Attorney 4.00 400.00 Knauer) 'This invoice is for work performed on or after April 7, 1997. You were previously billed for work performed from August 30, -c ~..96, ,hrough April 6, 1997, which was paid by the retainer given to us when you hired us to represent, this matter. On April 7, ~n:[ VOU I~ 1997. you provided an additional relainer of S600. i. EXHIBIT 07-15-97 07-23-97 07-30-97 08-11-97 09-12-97 09-19-97 09-24-97 10-08-97 10-10-97 Receipt and review of letter from Altorney Philpott Drafted letter to Attorney Phitpott Receipt and review of letter from client Receipt and review of !etter from client Office meeting ,.,,,ith client Drafled lelter to Attorney Philpott Receipt and review of Petter from Attorney Philpott Dra~ed JeSter to Attorney Fhilpott Receipt and reviev,,ofiet~er and enclosures from Attorney Philpo~t 0.20 0.20 0.20 0.20 0.50 0.30 0.20 0.20 0.20 20.00 20.00 20.00 20.00 50.00 30.00 20.00 20.00 20.00 ¥otal Charges Plus ~ ~ ~-×p=nses Aovanced Less Relainer Total Amount Due S1,170.00 20.15 $1,190.15 .. 600.00 S .ATTORNEY BILL AND TIME EXPENDED ESTATE OF BESSIE WOLFERSBERGER ~998 ,4-15 Receipt, review, end analysis of the April 13, 1998 decision of the Honorable Warren G. Morgan finding in favor of Mr. He,~M..2 Telephone call to Mr. Thomas's office. Ne ,.','as not in and ]eft word to request a return telephone call..1 Telephone call to Mr. Hev¢itt to inform him that Judge Morgan had found in his favor on the third lot..2 4-16 Telephone conference with Mr. Thomas `.,,,ho informed me that he had not yet spoken v,,ith his clients but would inform me of their decision..2 Letter to Mr. Hewitt v,,ith copy of Judoe Morgan s decision and update on status ; , of case after Judge Morgan's dec si(~n..3. 4-27-29 Two telephone calls to Mr. Thomas' once. Left v,,ord to call..2 5-1 Receipt and review of letter from Mr. Hewitt..2 5-4 5-14 Extensive letter in reply to Mr. Hev,,itt's I ' ' oder recewed on May 1, 1998. 1.0 Telephone call to Mr. Thomas to determine if his clients had appealed Judge Morgan's April 13, 1998 decision. Secretary informed me that Mr. Thomas had not filed an eppeal. Left word to call to determine if his client's may have changed attorneys again..2 5-18 Receipt and review of letter from Mr. Hewitt..2 5-21 Shod conference with Thomas who informed me that his clients v¢ill not appeal Judge Morgan's decision..3 5-21 Letter to Mr. Hewitt repoding that Mr. Thomas's clients will not appeal..3 8/29 Extensive conference with client, review of documents, preparation of reply to other executor's petition for sanctions and removal of client as co-executor. 3.0 8/29 Telephone conference with Estate counsel's office, left word to call..2 8/30 Telephone conference with Estate Counsel's office, left word to call..2 9/2 File reply to executor's motion to remove client as executor, etc. 1.0 9/3 Returned Estate counsel's call. Telephone conference with Estate c ' office, left word to call.2 ounsel s 9/9 Telephone c " . on~erence v,,~th Estate C ' ounsel s office, left word to call..2 9/10 Telephone conference with Estate counsel left Word call..2 9-23 Telephone call to Estate C ' - ounsel s offme, haft word to call..2 10-2 Receipt and revie`,v of Order of the Honorable Warren G. Morgan scheduling hearing on other executor's petition to remove client as executor..2 10-3 Telephone call to Estate C ' ounsel s office, left `,vord to call..2 Estate Counsel returned te!ephone call. Ex,:ens've telephone conference ;vJth her. She ',';ill require co-executor to retain his o`,vn counsel if he wishes to pursue removal of client as executor..3 10-10 Drafting and filing of Petition to Remove Spangler as Co-Executor. 3.0. 10-29 Reading and review of letter from Mr. Spangler..5 11-13 Receipt and review of November 13, 1998 letter of Mr. Thomas v,,ith respect lo estate accounts..2 11-19 Receipt and Review of letter from Estate counsel..2 12-4 Phone call to Estate Counsel, left message..2 12-5 Extensive telephone conference with Estate C:ounsel..3 12-18 Telephone calls to Mr. Hev,,itt Re: Humane Society concerns with sheep..5 19.__99 01-21 Receipt and review of letter from Mr. Hewitt. 01-22 Phone call from Sue Helm..2 0%23 Phone call to Mark Thomas, Esquire..2 05-27 Telephone conference With Rachel Helm `,',,ho called with respect to Perry County case..2 2000 02-03 Receipt and review of Mr. Hewitt's letter concerning erroneous information that we had place a lien against his properly..2 Letter to Mr. Hewitt with status of the estate and informing him that we had not placed any lien on his property or taken an action against him..4 Telephone conference with Attorney Thomas requesting update on when the estate would be completed..3 Total 16.0 Hours @150.00 Per Hour ............................................... $2,400.00 03/99 COSTS ADVANCED Deeds (Dauphin County) 85.50 Total Costs Advanced 85.50 Total Costs & Outstanding Bi,ti 2,485.50 _JOSEPH HEWITT ~ATTORNEY'S BILL FOR PROFFSSIONAL SERVICES ,RENDERED FROM FEBROARY 3. 2000 02-07- Telephone conference with Mark Thomas, Esquire who, informed me that 02-11 the estate was insolvent without sufficient funds to pay death taxes..2 02-14 Letter to k4r. Thomas confirming the telephone conference wherein he informed me of the insolvency of the estate..3 Letter to Mr. Hewitt informing him that Mr. Thomas had informed us that the estate was insolvent and was without funds to pay death taxes..3 03-25 Letter to Mr. Hewitt informing him that we would no longer represent him if he did not pay his outstanding bill. No Charge 03-29 Receipt and review of letter from Mr. HewJtt..3 05-24 Letter to Mr. Hev,,itt with respect to his outstanding bill. No Charge 06-16 Receipt and review of letter from Mr. Thomas concerning insolvency of the estate, his opinion that the Co-Executors and heir Joyce Seibert should make up the deficit to pay the deatJi taxes..2 07-03 Letter to Mr. Thomas in response to his letter of June 16, 2000..3 07-27 Receipt of Mr. Thomas' letter with respect to surcharge of the estate..2 08-23 Telephone conference with Mr. Thomas with respect to the insolvency of the estate and the amount of the insolvency..3 08-24 Letter to Mr. Thomas informing him of termination of our representation of Mr. Hewitt and also of the pro rata contribution that Mr. Hewitt was not responsible for..3 08-28 Letter to Mr. Hewitt with respect to status of the estate and transfer of file should he retain additional counsel..3 Total 2.7 Hours @150.00 Per Hour ........................................... $405.00 JOSEPH HEWITT ,ATTORNEY'S BILL FOR PROFFiSSIONAL SERVICES ,I~ENDERED FROM FEB'q',UARY 3. 2000 02-07- Telephone conference with Mark Thomas, Esquire :,,,ho, informed me that 02-11 the estate was insolvent without sufficient funds to pay death taxes..2 02-14 Letter to Mr. Thomas confirming the telephone conference wherein he informed me oflhe insolvency of the estate..3 Letter to Mr. He;'vi~t informing him that Mr. Thomas had informed us that the estate ;,,,as insolvent and was `''vithout funds to pay death taxes..3 03-25 Letter to Mr. Hev,,i~t informing him that we `''vould no longer represent him if he did not pay his outstanding bill. No Charge 03-29 Receipt and revie,,v of letter from Mr. Hev,,itt..3 05-24 Letter to Mr. Hev,,i'd with respect to his outstanding bill. No Charge 06-16 Receipt and review of letter from Mr. Thomas concerning insolvency of the estate, his opinion that the Co-Executors and heir Joyce Seibert should make up 'ihe deficit to pay the death taxes..2 07-03 Letter to Mr. Thomas in response to his letter of June 16, 2000..3 07-27 Receipt of Mr. Thomas' letter with respect to surcharge of the estate..2 08-23 Telephone conference with Mr. Thomas with respect to the insolvency of the estate and the amount of the inso ;,ency..3 08-24 Letter to Mr. Thomas informing him ofterrnination of our representation of Mr. Hewitt and also of the pro rata contribution that Mr. Hewitt ,,,vas not responsible for..3 08-28 Letter to Mr. Hev,,itt with respect to status of the estate and transfer of file should he retain additional counsel..3 Total 2.7 Hours @150.00 Per Hour ........................................... $405.00 Knauer ~ As-oc~ates, LSC 41 lA E. Main Sr., Mechanicsburg, PA 17055 Attorneys-ar. Law Tde!~,on,: (717) 795.7790 F~.x: (717) 795.7793 JOSEPH HEWITT WQLFERSBERGER ES TA TE & TUSCARQRA TQ WNSHIP ZQNING 2119/1998 2/i 9/1998 _3/25/2000 TOTAL BILLING HISTORY~ Zoning Bi;I (see atlached) Estate B,I (s=e ~-~cneo) Estate Bill (see .... ' .: 1,190.15 5,482.50 2,485.50 Total Zoning and Estate Bills 9,158.15 _TOTAL REIMBURSEME/,,LT/FE_E HJSTORY 8/i 1/1996 8/30/1996 9/3/1996 4/7/1997 8/4/1998 Fee for Wolfersbar~cer Estate 200.00 Fee for We, f~,-,.,-~ , 250.00 Retainer for Wolfersberger Estate 2,000.00 Retainer for Tuscarora Township Zonir, g 600.00 Fee for Wolfersber_cer Eslate 3,0OO.O0 6,050.00 Total Zoning and Estate Reimbursement/Fees TOTAL OUTSTANDING BILL 3,108.15 PA YI,/,ENT UPON RECEIP EXHIBIT Knauer ~ A.!socmtes, L$C 41 lA E. Main Sr., Mechanicsburg, PA. 17055 Attorneys.ar. Law r~:: {717) 795.7793 February 14, 2000 Mr. Joseph He;',,ilt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger Dear Mr. He ,, . This- u ,,, , - · _ . =c.,no ,,ecc=s rece]ct cf '..cur - · - .... r c = n '.,cu stated '.,nat ,,, ' - henaca:nst),ourprcFerlv' ¥cuare~-: ..... ,.en¢dp!aceda - ,,..--:~,en. ',',.'e nave not fi:ed any ' - adverse action- -:~ , hen c.r icken an;,, ¢~c,,,Si yOU. I did review your accounts with us and I include here',v~th a s,¢,emem o, ¢,1 bills OWed to us. We :",'cutd cpprec~ate Payment of the ;balance on your bills. Last Week I spoke v,,iIh R./',.'.,ark Thomas, Esquire who is counsel for ),our co- executor James Spang!er. Mr. Thcma~ infcrmed me lhat the estate hsd insu~Sc!ent fundsto pa'.,, both the state inheritance and ~ : ' - ine,ecerM ~'-'~ ,- · e~¢,~¢xes. I requested him to ,crcvide us ;','dh a cop), cf the documenlaticn, ,'ith respect ,o ,ne taxes. I will receipt of the ' , ~ ,-- '" - · oocc:m~n,:don to sup2orl his statement. I enclose a copy of said lelter to h}m. . Thank you for your prompt at,eh,ion 'n this ma',er. If you have any cuesfion please do not ',-, , , hesl~=,e ~o contac~ me. -- , DWK:wdm Very truly yours, David W. Knauer I<nauer ~. Associates, 41iA E. Main Sr.,-'Mechanicsburg, PA 17055 Attorneys-at. Law Te]epEor. e: (717) 795-?790 F~: (717) 795-7793 D~v d W. March 25, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 RE: Estate of Bessie A. Wolfersberger Dear Mr. Hev,,itt: P',ease reference .... "'=:ru=L,' "= =000 in which I gro',,ided you ',','~m ycur outs~and}n9 biil v,'ilh our ~:rm. Since that letter, I have had r,o response frcm you and no payment of the bill. This ~etter is to inform you thc-t if you do not pay the biil cr re~-ch an acceptab!e payment plan with us within within ten days of the date of this letter that v,,e will be forced to file suit against you for payment of your bi% I do hope that it wi!l be um',ecessac¢ to ~*' o , . bill is not pa d. ,=.<~ ,h=, s.ep r, ov,'ever we ',',,iii do so if the DWK:ahk V?[y truly )'ours, · /. - , 1 David W. Knauer Knauer ~..Associates, LSC: 41 lA E. Main St., Mechanicsburg, PA 17055 A~torneys-avmaw Te,ep~o~e: O] ~) 795-7790 F~: (717) 7~5-7793 D~.vi8 W. :'(n~uer May 24, 2000 Mr. Joseph Hewitt 600 West Walnut Avenue Palmyra, PA 17078 .RE: E_state of Bessie A. Wolfersberaer/Tusca, or__a Townshi¢ Zoninq Matter.~ Dear Mr. He',',,itt: You had u " q es~oned our biJls a~osinst your payments, therefore, I enclose herewith a compJete bii!ing history and r, il previously sent bills for your account with our firm, together with a certificate of mai;ing. Unless you pay the entire outstanding amount ofS3,108.15 by June 5, 2000, I will start suit against you to collect OL'r fees. Upon commencement of suit, we wi]l obtain a judgment and the Sheriff will seize and sell ~my of ).'our property that they are able to seize. I do hope that it wiil not be necessary for us to start suit, but we must be paid for our work just as you wanted to be paid for )'our work. DWK:bm .,~... ~ truly yours, David W. Khd~er EXHIBIT ! ~x~ Knauer & Associates, LSC Attorneys-at-Law 41 lA. East .Main Street, Mechani,:sburg, PA 17055 Telephone: (717) 795-77.00 Fa.x: (717) 795-7793 David W. Knauer k n ~.u tq'(D'ea ~ v.¢ m August 2.5, 2000 Mr. Joseph Hewin 600 West \Va]nu~ Avenue Pa]myra, PA 17078 FLE: Es~a;e of Bessie A. \Vo]fersberger and Knauer v. Hewht Dear Mr. Hewht: ?]ease fSnd encWsed a counesv cop3' of the District 3us~ice Con::]aint are l)hng ao. amsl ~ou ~or ~;o~-p~)'n:eni o~ our cfi]. a coDx of the June " ' ] >. 2000 tenor orR. M~r.< Thomas. EsquSre and mv]euer o~t},~.ooxe d,~e in response tLere,o. With respec~ Io his request for conlrSbufon fronl lhe executors ~nd beneficiaries to make up a S42, 000 shortfall offends ~o pay t}:e Pennsyh'znSa inheritance Tax, his proposal is that each beneficSzw be responsSb]e for O~eSr pro- rata ponSon of the unpaid taxes based on ~he va]ue of~?~e property fi~ey 5~erhed. He 5nfom~ed me ~hat he valued your share of the sbon~]] zs zpproxh~a~e]y .As ~o ~be legal position, I be}ieve tha~ you shou'.ld not bare ~o make any comribmion because the accounting nfonnation was wi0~he]d from you desphe our numerous requests for copies of~be accounting. I musl call lo )'our anemion ~haz you should relain ]emal counse] for the conc]usion or,he es~a:e. I will co-opera~e fully whh your new counse] ~o ~ransfer your fi]es end provide he or she whh any infom~afion ~h~t may assJq in respondin~ io t]~e requested payment. ' - .Very truly )'ours, David \V. Knauer D\VK:bm X. compa nyX, Hewht':0$-28.00he~vht.lir Knauer & Associates, L.S.C. VS. IN THE C. OURT OF COMMON PLEAS OF CUMBEP, LAND COUNTY, PENNSYLVANIA NO. 01--482 CIVIL TERM 19 Joseph A. Hewitt RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David W. Knauer , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or/~ctions) is (are) at issue. 2. The claim of the plaintiff in the action is $.~ta_a~d interest and costs. The counterclaim of the defendant 'in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: __ None WHEREFORE, your petitioner prays your Honorable Court to appoint three (31) arbitrators to whom the case shall be submitted. f/~pectfully submitted, A, / ORDER OF COURT AND NOW, ~%~ ~ ,~'~, in consideration of the ~ forego g pe,tion. J Esq., and ,~..~'~_~c..~ ~ ~_ .~ , Esq,, are appointed arb,trators la the'above caption~ed action (or actions) as prayed for. P.J. KNAUER & ASSOCIATES, L.S.C, Plaintiff JOSEPH A. HEWlTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-482 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 Mr. Joseph A. Hewitt 600 West Walnut Street Palmyra, PA 17078 NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on Wednesday, August 8, 2001 beginning at 9:00 a.m. in the Law Offices ofMartson Deardorff Williams & Otto, Ten East High Street, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. DATED: May 29, 2001 Edward L. Schorpp, Esquire - Chairman Karl Rominger, Esquire, Arbitrator Kathleen K. Shaulis, Esquire, Arbitrator oooo "'~{ U.S. POSTAGE PAID O0 SHERIFF'S CASE NO: 2001-00482 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RETURN - NOF FOUND KNAUER & ASSOCIATES L S C VS HEWITT JOSEPH A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HEWITT JOSEPH A but was unable to locate Him COMPLAINT & NOTICE __ in his bailiwick. He 'therefore returns the the within named DEFENDANT , HEWITT JOSEPH A NOT FOUND as to SPOKE WITH BETH ON 1/24/01 REQESTING ADDL FUNDS NECCESSARY TO DEPUTIZE LEBANON CO., FUNDS WERE IN OUR OFFICE, PAPER EXPIRED ON 2/23/01. NOT. RECEIVED Sheriff,s Costs: Docketing NOT FOUND RETURN OUT OF COUNTY Surcharge 18.00 5.00 9.00 10.00 .00 42.00 So answerer. / -~ _~_~ . R. ~fhomas Klif~ ~' Sheriff of Cumberland County KNAUER & ASSOCIATES 02/26/2001 Sworn and subscribed to before me this ~ '7 ~ day of ~ . o~0p! A.D. -- U.S. POSTRGE lid KNAUER & ASSOCIATES, L.S.C. JOSEPH A. HEWITT ) ) ) ) ) Th,~ Court of C~n Pleas of Cumbe:rland Couuty, Pennsylvania NO. 01 * ~82 ~tx 2001 CIVIL We do aolen~ly avcar (or affirm) that ye vi~ support, obey and defend the Consc~cucion of the Un~tnd SO. cea end the Const:~c~c~ou of Chis Counon- vealch nd chac ve vll! diecharse the duties of our office v~th f~.dell_Cy. · ' Esquire £ Chairman Edward L. Schorpp, Kar ingot, Es 're - ArbOr tar K~t~leen K. ShaWlS[s, Esquire - Arbitrator AWARD Me. the trndersi~ned arbitrators, havens been duly appointed and ~o~ (or .'af~ed), ~ke the fan.inS aw~d: ~oce: If dmsu for delay are avazded, they shll be separaCe~ sCacnd.) · Arbitrator, dissents. (Inser~ name if applicable. ) Arbitrators' compensation ~o be paid upon appeal: Nov, £he~~''~ day of-- -/$a~as¢ . ~/, ar./d,'?~3, ~.M., the above avard ~s entered upon the docket and no~l~e ~hereof tiven by mil :0 ~he parties or ~heir ac~o~eys. ~ Pro~ho~ota~