The URL can be used to link to this page

Home My WebLink About10-5622COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Nineth Judicial District, County Of Cumberland a MAGISTERIAL DISTRICT JUDGE JUDGMENT NOTICE OF APPEAL FIt.EO 8 3o fo IVi Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAMC UJ ArMLwN i MAU. DIST. NO. NAME OF MDJ Cecelia Clark 09-1-01 Charles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE ZIP CODE RR3 Box 3099 Cresco PA 18326 (Lrerencranq August 4, 2010 Cecelia Clark V8 Joseph Lance Hi tchin s CV0000231-10 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. COMMON PLEAS No. 10 - SGv 2; was FROM (see Pa. R. C. P. D. J. before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. NOTICE OF APPEAL appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-a5 ?p?rrnQ ' d ?h ? ?'°? .?? vd s? •1 AUXAWVI-%?v qS O-Z wd oc : it 4i J IU :- auvd 3a II -40 COMMONWEALTH OF PENNSYLVANIA COtNTY OF: CUMBERLAND Mag. Dist. No : 09-1-01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rCLARK, CECELIA RR 3 BOX 3099 CRESLO, PA 18326 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNS COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774 - 5989 17070 ATTORNEY FOR PLAINTIFF : DAVIDSON, JOHN ANDREW 107 N FRONT ST STE 117 HARRISBURG, PA 17101 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: ® Judgment was entered against in the amount of $ _ (Date of Judgment) 8/04/10 (Name) HITCHINGS, JOSEPH LANCE (Name) CLARK, CECELIA 1-1 Defendants are jointly and severally liable. M Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ .00 Judgment Costs $_ 0 Interest on Judgment $ .00 Attorney Fees $ Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. AUG 0 4 2010 Date I certify that this is a true and correct copy of the record of the Date My commission expires first Monday of January, 2014 L J VS. DEFENDANT: NAME and ADDRESS FRITCHINGS, JOSEPH LANCE ROSSMOYNE BUSIN 5000 RITTER RD STE 202 LMECHANICSBURG, PA 17055 J Docket No.: CV-0000231-10 Date Filed: 4/21/10 Ids , Magisterial District JI Is containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 8/04/10 2:07:00 PM r'? .'t nv RED--- VA Cecelia Clark Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Joseph Lance Hitchings Defendant NO. 00002-34 20 10 Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 John A. Davidson, Esquire Attorney I.D. # 200503 The Law Office of John A. Davidson 107 North Front Street Suite 117 Harrisburg PA 17101 Tel: (717) 238-4043 Fax: (717) 238-4198 JAD@JohnADavidsonesq.com CECELIA CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOSEPH LANCE HITCHINGS, Defendant NO. 10-231 CIVIL ACTION -- LAW COMPLAINT AND NOW COMES the Plaintiff, Cecelia Clark, an adult individual, by his attorneys, The Law Office of John A. Davidson, respectfully represents: COUNT I BREACH OF CONTRACT 1. Cecelia Clark (hereinafter "Plaintiff") is an adult individual with an address of RR3 Box 3099, Cresco, Monroe County, Pennsylvania 18326. 2. Joseph Lance Hitchings (hereinafter "Defendant") is an individual with a business address 5000 Ritter Road Suite 202 Rossmoyne Business Center, Mechanicsburg, Cumberland County Pennsylvania 17055. 3. The Defendant is an attorney admitted to the Supreme Court of Pennsylvania since November 23, 1992. 4. On October 22, 2008 the Plaintiff sent the Defendant a check in the amount of $3,500. 5. On August 2, 2010 the Defendant provided to Plaintiff an invoice, hereinafter "Invoice" attached hereto as Exhibit A, which allegedly details the time, fees and expenses incurred by the Defendant. 6. The Defendant sent to the Plaintiff a Representation Letter, hereinafter "Representation Letter", attached hereto as Exhibit B. The letter is dated October 29, 2008. 7. Prior to the issuance of the Representation Letter the Invoice shows that the Defendant was billed $1192.50. 8. The Invoice contains numerous inaccuracies with most entries covering a month, some months have two entries. Two entries cover a period of 4 months. 9. The Defendant never mailed or provided the Invoice to the Defendant even after a disciplinary complaint was filed on October 1, 2009. The Invoice is dated November 29, 2009 well over 3 months after the Defendant was dismissed as Plaintiff as her lawyer. 10. The Plaintiff believes and therefore avers that the Invoice is unclear, confusing and misleading. Page 2 of 4 11. The Plaintiff believes and therefore avers that Defendant has engaged "Unfair or deceptive acts or practices" as defined in 73 P.S. § 201-2 (4) (xxi) the "Consumer Protection Law." Wherefore, the Plaintiff demands judgment against the Defendant for actual damages of $3266 with interest and costs, treble damages and reasonable attorney's fees in accordance with 73 P.S. § 201-9.2 (2005) which said amount is within the arbitration limits of The Court of Common Pleas for Cumberland County, Pennsylvania. COUNT II MALPRACTICE 12. Paragraphs 1 through 11 are incorporated by reference. 13. In October 2010 the Plaintiff filed at a cost of $234 a new custody petition on behalf of the Defendant. 14. Prior to filing said custody petition the Invoice claims that the Defendant conducted legal research or intervening as well as reviewed the filings in the existing custody matter in the Dauphin County Courthouse. 15. Based on both his legal research and the review of the filing the Defendant should have been aware that all he needed to do was file for an intervention not a new custody petition. 16. The Plaintiff believes and therefore avers that the Defendant breached his duty as her attorney as all that was necessary was to file a petition to intervene which has no filing fee yet the Defendant filed a new custody petition.. Page 3 of 4 15, The Plaintiff was further injured by the Defendant as he was required filed a Motion to Consolidate for which the Defendant billed the Plaintiff $180 in legal fees. 16. The Plaintiff believes and therefore avers as at result of the aforementioned. breach of duty the Plaintiff suffered a loss of $414. 17. The Plaintiff believes and therefore avers that the Defendant additionally breached his duty breached his duty as her attorney as follows: a. The Defendant failed to return calls from his client. b. The Defendant failed to keep his client informed of any progress in the case. The Defendant failed to provide any statements, bills or invoices to his client. d. The Defendant never gave an accounting as to the disposition of the retainer paid by his client. Wherefore, the Plaintiff demands judgment against the Defendant for actual damages of $414 with interest and costs as well as punitive damages as this court deems appropriate. Respectfully Submitted The Law Offi of John A. Davidson Dated: September 15, 2010 By --`-' John A. Davidson ID # 200503 v 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Cecelia Clark Plaintiff Page 4 of 4 LA W OFFICE OF JOSEPH L. HITCHINGS ATTORNEYAND COUNSELOR AT LAW Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Email: hitch67iei conicast.net BILLING INVOICE November'-) 9, 2009 Cecelia Clark RR 3, Box 3099 Cresco, PA 18326 Re: Cecelia Clark v Clark and Gaiski No. 2008-CV-17162-CU Dauphin County Court Date Service Time/Rate Fee 10/08 Office conference with client, 1.8/225 $ 405.00 Review information from client, Review documents, Opening new file 10808 Preparing Representation letter 3.5/225 $ 787.50 Legal research re: intervening in Pending custody actions vs filing New custody action, review prior 2 custody files at Dauphin County Courthouse, Draft New Custody Complaint 11 /08 Drafted Motion to Consolidate, .8/225 $ 180.00 Custody cases with proposed Order 1.1/26/08 Meeting with client to review 2.0/225 $ 450.00 Custody Complaint, revising Complaint, draft letter to Prothonotary Draft letter to opposing counsel Draft Acceptance of Service Forms For opposing counsel 12/23/08 Receipt & review time stamped .4/225 Complaint back from Courthouse with Custody Conference Order for Feb 6, 2009, calendaring date,letter client, 01/09 Telephone conferences with Attorney .4/225 Davidson, Reciept & review signed Acceptance of Service forms from Opposing counsel, 01/15/09 Receipt & review letter from Attorney .7/225 Baker re signing Stipulation in lieu Of appearing at Custody Conference, Review matter with client, discuss ongoing Psychological evaluation being done by Dr. Shienvold 01/21/09 Call from client re: faxing copy of Custody .4/225 Complaint to Dr. Shienvold, draft fax letter To Dr. Shienvold, faxing Custody Complaint 02/16/09 better to Attorney Baker re: Stipulation, .2/225 Copy letter to Attorney Davidson, Attorney, Siliker and Client 02/23/09 Receipt & review proposed Stipulation, .6/225 From Attorney Baker, letter to client with Stipulation, discussing matter with client 03/09 Receipt & review signed Stipulation .5/225 From client, letter to Attorney Davidson 03/09-07/09 Discuss status of pending evaluation with 1.2/225 Attorney Davidson and client, multiple, Telephone call to Dr. Shienvold's office To check status, Telpehone conferences with Attorney Davidson re: other parties willingness To stipulate to custody based on Dr. Shienvold's Report. 03/09-07/09 Receipt & review taped voicemail messages 1.8/225 From client re: MichelleLandome, review Medical records for Gabrielle, review records Mr. Gaiski's pornography rentals, review clients $ 90.00 $ 90.00 $ 157.50 $ 90.00 $ 45.00 $ 135.00 $ 112.50 $ 270.00 $ 405.00 Journal, review notes n letters allegedly written By Ms. Zandome 7/08/09 - 07/28/09 Receipt & review 22 page report from Dr. 1.0/225 $ 225.00 Shienvold, discuss favorable report with Client and Attorney Davidson TOTAL, FEES: $ 3,442.50 FILING FEE: S 234.00 TOTAL FEES & COSTS: $ 3,676.50 Less Retainer Applied: - S 3,500.00 BALANCE DUE: S 176.50 BALANCE DUE UPON RECEIPT. TAX 1D # 16-1621852 LA W OFFICE OF JOSEPH L. HI TCHINGS ATTORNEYAND COUNSELOR AT LAW Rossmoyne Business Center 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Tel: (717) 458-8123 Fax: (717) 790-6019 Email: hitch67.comcast.net October 29. 2008 Cecelia Clark RR 3, Box 3099 Cresco, PA 18326 Re: Representation Dear Mrs. Clark: You have asked me to represent you in a Custody matter involving your granddaughter, Gabrielle M. Gaiski, in Dauphin County Court. The purpose of this letter is to confirm our discussions and set forth our understanding on how you will be charged for my representation. You have provided me with a check in the amount of $3.500.00. 1 have advised you that I would represent you on a flat fee and that this amount is non-refundable and is intended to secure my representation of you up through and including tiling a Custody action on your behalf and representing you at trial in this matter. It does not include any representation of you beyond trial court and does not include representation of any you in any appeals of the trial court decision, whether filed by you or another party. As I explained, my normal hourly rate is $250.00 per hour, however as stated above you are being charged a flat fee, which you have already paid. Please understand that this flat fee does not include any costs associated with your case such as expert fees, service costs, witness fees, copying costs, medical records or any other costs that may become necessary to incur in the handling of this case. `r ou agree that you are ultimately responsible for any such costs, whether or not I pay those costs upti-ont and ask you to reimburse me, or I ask you to pay them directly. Obviously, I cannot guarantee you a particular result in your case. If at any time you have any questions about this letter, your ease or any costs, please do not hesitate to contact me. i look forward to working with you on this inatter. Very truly yours, ( f ?? osepli 1-1- itchings, uire VERIFICATION I, John A. Davidson, Esquire, verify that I am the attorney for the Plaintiff Cecelia Clark, in this case and that I am familiar with the facts of concerning the parties, and that due to the unavailability of the Plaintiff, I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Y? Date: September 15, 2010 hn A. Davids n, Esquire /Attorney for the Plaintiff CECELIA CLARK, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 10-231 JOSEPH LANCE HITCHINGS, : CIVIL ACTION -- LAW Defendant CERTIFICATE OF SERVICE And Now, on this 15th day of September 2009 I John A. Davidson, attorney for the Plaintiff, Cecelia Clark, hereby, certify that I have served true and correct copies of the foregoing Complaint, on Joseph Lance Hitching Pro Se Defendant, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Joseph Lance Hitchings, Esquire 5000 Ritter Road STE 202 Rossmoyne Business Center Mechanicsburg, PA 17055 The Law Office of John A. Davidson By ;. John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Plaintiff CECELIA CLARK, Plaintiff v. JOSEPH LANCE HITCHINGS, Defendant To: Joseph Lance Hitchings Defendant Date of Notice: October 6, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5622 Civil Term CIVIL ACTION -- LAW IMPORTANT NOTICE c.~ ~~ P ~" _- ' ~. c' ~Y. : °" 1'i . ~ .~.~ ~`; ---1 ~-a ~ -....b- ~ar.. ""~ 1 `/ ~ "~ ~) -~. ~- c~ ~..o. r r. G ~. :~' ~ r= ~ ' ._~ ~" F YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 John A. Davidson, Esquire Attorney for Plaintiff CECELIA CLARK, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 10-231 JOSEPH LANCE HITCHINGS, :CIVIL ACTION -- LAW Defendant CERTIFICATE OF SERVICE And Now, on this 6th day of October 2010 I, John A. Davidson, attorney for the Plaintiff, Cecelia Clark, hereby certify that I have served true and correct copies of the foregoing document, on Joseph Lance Hitching Pro Se Defendant, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Joseph Lance Hitchings, Esquire 5000 Ritter Road STE 202 Rossmoyne Business Center Mechanicsburg, PA 17055 The Law Office of John A. Davidson By John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Plaintiff CECELIA CLARK, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO.: 10~b CJ ~0 0~ v. JOSEPH LANCE HITCHINGS Defendant TO: Plaintiff, Cecelia Clark C/O John A. Davidson, Esquire 107 North Front Street Suite 117 Harrisburg, PA 17101 CIVIL ACTION -LAW NOTICE TO PLEAD ~ ~., -~ 3 0 w ~~ o ~ ~' -~: ~' .~- -;' -~-- ~=n _~,. ~, ~~ .. --~ ~ _.~ You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, Law Office of Joseph L. Hitchings Y 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Pro Se i Joseph itchings, Esq ' e Attorne ID No.: 65551 a -a -~ f.,i :.c~ ~ ~, ---tc~ ~~ :~ c3 ~ CECELIA CLARK, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 10-231 v. . JOSEPH LANCE HITCHINGS :CIVIL ACTION -LAW Defendant ANSWER WITH NEW MATTER AND NOW, this ~~ay of October, 2010, comes the Defendant, Joseph Lance Hitchings, and files this Answer with New Matter to Plaintiff s Complaint, and avers in support thereof: COUNT I BREACH OF CONTRACT 1. Admitted 2. Admitted. 3. Admitted 4. Admitted. 5. Denied. The invoice was prepared and provided to the office of Disciplinary Counsel prior to August 2, 2010. The Invoice was submitted as an Exhibit by the Defendant at the hearing before Magisterial District Judge Charles Clement on August 2, 2010, at which time Plaintiff and her counsel received copies. 6. Admitted. 7. Denied. As the letter representation letter clearly states, the Defendant undertook representation of the Plaintiff on a flat fee basis. After Plaintiff complained to the Disciplinary Board that she paid a "retainer" to Defendant, it was requested that Defendant prepare a breakdown of all time spent on the case. Since Defendant was not billing on an hourly rate out of a retainer, Defendant was not keeping daily time records. As a result Defendant could not specify which day certain activity was undertaken on the file, so, for example, it was generally listed as 10/08 for work performed in October 2008. 8. Denied. For the reasons stated in answer to paragraph 7 hereof, for months where legal services were rendered, but Defendant couldn't specify the exact date, the billing statement reflects services rendered over a month. Where Defendant could specify the exact date legal services were rendered those dates are listed on the statement. 9. Admitted in part, denied in part. It is admitted that Defendant did not provide the statement directly to Plaintiff, but rather provided it to Disciplinary Counsel. Once Plaintiff filed a disciplinary complaint, Defendant was not going to have any direct contact with Plaintiff. 10. Denied. The statement speaks for itself and is clear and neither confusing nor misleading. 11. The averments of paragraph 11 constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, the same are denied and strict proof thereof is demanded at time of trial. WHEREFORE, Defendant requests judgment in his favor and against the Plaintiff on her Complaint. COUNT II MALPRACTICE 12. The answers to paragraphs 1 through 11 hereof are incorporated by reference, as if the same were more fully set forth at length herein. 13. Admitted. 14. Admitted. 15. The averments of paragraph 15 constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, the same are denied and strict proof thereof is demanded at time of trial. 16. The averments of paragraph 16 constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, the same are denied and strict proof thereof is demanded at time of trial. By way of further Answer, it is believed and therefore averred that the Prothonotary's office would have charged a filing fee for a Petition to Intervene in a custody action. 15. (Sic). Denied. As there were three custody actions filed the cases would have need to have been consolidated, regardless. Moreover, had Defendant filed a Petition to Intervene on Plaintiff's behalf, the other parties could have challenged Plaintiff s standing, being that it was a claim under the Grandparents Visitation provisions of Title 23, resulting in additional pleadings, and a potential hearing, all of which would have caused increased fees charged to Plaintiff. 16. (Sic). The averments of paragraph 16 (sic) constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, the same are denied and strict proof thereof is demanded at time of trial. 17. Denied. Plaintiff did not breach any duties owing to the Plaintiff including those enumerated in subparagraphs a through d. By way of further answer, the representation letter clearly states Defendant was representing Plaintiff on a flat fee basis and not on a retainer, as alleged in the Complaint. WHEREFORE, Defendant requests judgment in his favor and against the Plaintiff on her Complaint. NEW MATTER 18. Answers to Paragraphs 1 through 17 hereof are incorporated by reference as if the same were more fully set forth at length herein. 19. Plaintiff failed to plead sufficient facts to establish a cause of action for breach of contract against Defendant. 20. Plaintiff failed to plead sufficient facts to establish a cause of action for malpractice against Defendant. 21. Plaintiff failed to set forth a cause of action upon which relief can be granted against Defendant. WHEREFORE, Defendant requests judgment in his favor and against the Plaintiff on her Complaint. Respectfully submitted, Law Office of Joseph L. Hitchings :ioseph L.14ilrchings, Esq Attorney ID No.: 65551 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Pro Se CECELIA CLARK, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . NO.: 10-231 v. : JOSEPH LANCE HITCHINGS :CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Mail Postage Pre-paid John A. Davidson, Esquire 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney ID No.: 6555' 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Pro Se Dated: , 2010 John A. Davidson, Esquire Attorney I.D. # 200503 The Law Office of John A. Davidson 107 North Front Street Suite 117 Harrisburg PA 17101 Tel: (717) 238-4043 Fax: (717) 238-4198 JAD@JohnADavidsonesq.com CECELIA CLARK, Plaintiff v. JOSEPH LANCE HITCHINGS, Defendant FlLED-aFFtCE CAF TliE P^OTt~O'~Q~1~~''t' 2010 OCT ! 9 aP~ I I ~ 51 CUMBFRE.ANq CCti~T'r' "Ftat~S~'L~h` t~M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10~- CIVIL ACTION -- LAW ANSWER TO NEW MATTER AND NOW COMES the Plaintiff, Cecelia Clark, an adult individual, by his attorneys, The Law Office of John A. Davidson, respectfully represents: 18. The averments of paragraph 18 constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, the same are denied and strict proof thereof is demanded at time of trial. 19. The averments of paragraph 19 constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, the same are denied and strict proof thereof is demanded at time of trial. 20. The averments of paragraph 20 constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, the same are denied and strict proof thereof is demanded at time of trial. 21. The averments of paragraph 21 constitute conclusions of law to which no responsive pleading is required. To the extent the averments are deemed factual in nature, the same are denied and strict proof thereof is demanded at time of trial. Wherefore, the Plaintiff demands that Defendant's New Matter be dismissed. Respectfully Submitted The Law Office of John A. Davidson Dated: October 18, 2010 By John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Cecelia Clark Plaintiff Page 2 of 2 VERIFICATION I, John A. Davidson, Esquire, verify that I am the attorney for the Plaintiff Cecelia Clark, in this case and that I am familiar with the facts of concerning the parties, and that due to the unavailability of the Plaintiff, I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904, relating to unsworn falsification to authorities. Date: October 18, 2010 John A. Davidson, Esquire Attorney for the Plaintiff CECELIA CLARK, Plaintiff v. JOSEPH LANCE HITCHINGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5622 CIVIL ACTION -- LAW CERTIFICATE OF SERVICE And Now, on this 20th day of October 2010 I, John A. Davidson, attorney for the Plaintiff, Cecelia Clark, hereby certify that I have served true and correct copies of the Answer to New Matter, on Joseph Lance Hitching Pro Se Defendant, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Joseph Lance Hitchings, Esquire 5000 Ritter Road STE 202 Rossmoyne Business Center Mechanicsburg, PA 17055 ,~-, r ~ ~.W a~ "F ~~~ Q 'rJ ~ ~4~ ~~ ~~ ~ l~~ ~ ~~~ ~~~ ~~ ~ cry ~„ ~ ~ ea_ T'he Law Office of John A. Davidson By John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Plaintiff t CECELIA CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 10-5622 Civil Term o ° c 0 m ? o r V. z? o JOSEPH LANCE HITCHINGS CIVIL ACTION - LAW ?z _6 <? -v p-n Defendant vn : =C:) s N x- o NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS TO: Cecelia Clark C/o : John A. Davidson, Esquire 107 North Front Street Suite 117 Harrisburg, PA 17101 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if a certificate of merit is not filed as required by Rule 1042.3. I am serving this notice on behalf of Defendant, Joseph L. Hitchings The judgment of non pros will be entered as to the following claims: COUNT II of Plaintiff s Complaint Respectfully submitted, L?4 Office of JoseiAh L. Hitchings z - -w Date seph L. itchings, Esqui Attorney ID No.: 65551 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717)790-6019 Pro Se CECELIA CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 10-5622 Civil Term V. JOSEPH LANCE HITCHINGS CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Mail Postage Pre-paid John A. Davidson, Esquire 107 North Front Street Suite 117 Harrisburg, PA 17101 Date oseph L. H chings, uire Attorney ID No.: 6555 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Pro Se Buell T0thon0taly Office of the Prothonotary -~rk-.---'-o` --Q /0Solicitor -31.2Z ORDER OF TERMINATION OF COURT CASES CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH BY THE COURT, DAVID D. BUELL One Courthouse Square Suite100 e TA 0 (Phone 717 240-6195 • Tax717 240-6573