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HomeMy WebLinkAbout10-5935COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS -1 Judicial District, County Of ??MbGf NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 4 Vt 0, v-0000/5 3 --i6 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was )i/xW_ (see action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. s oft-dPMff-bry-Dop* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to No a complaint in this appeal J Name of appeNes(s) (Common Pleas No. Within twenty (20) days after service of rule or suffer entry of judgment of non pros. F - ' 4 4_? 3?gnar appeUent or aMomey a agent RULE: To , appellee(s) Name of SAWO e(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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 /e9 It." All A0Wk'A 01 Proftndwy or YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ' AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (90) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made TWO of official My commission expires on 20 1 ' I ?Pn T U ;-n z ,. cn -- CS'1 ° - -•r y. -0 ?G J --r w ? F L COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT ¦ COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No., 09-1-02 MDJ Name: Hon BARBARA A. CLARE Address: 1901 STATE ST CAMP HILL, PA PLAINTIFF: NAME and ADDRESS MARY A ETTER DISSINGER ESQ 7 28 N 32ND ST CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 761-0583 17011 FFLICKER, KIMBERLY 914 WAKEFIELD AVE MECHANICSBURG, PA 17055 KIMBERLY FLICKER L J 914 WAKEFIELD AVE Docket No.: CV- 0000153 -10 MECHANICSBURG, PA 17055 Date Filed: 4/01/10 THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGMENT PLTF 8/19/10 Judgment: .(Date of Judgment) ® Judgment was entered for: (Name) Judgment was entered against (Name) in the amount of $ 1,281.6 MARY A ETTER DISSINGER ESQ FLICKER, KIMBERLY Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time F] 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 $ 1,155.65 Judgment Costs $ 126.00 Interest on Judgment $ .00 Attorney Fees $ - 00 Total $ 1,281.65 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 -M BE ISSUED`BY'rFiE`1NAGISTERIAL 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. 0 Date .Magisterial District Judge I ertify that this is a true and correct copy of the record of the proceedings c©ntalrng the judgment. Date y M gisterial District Judge «. k !. r + My commission expires first Monday of January, 2011 AOPC 315-07 DATE PRINTED: 8/19/10 1:28:00 PM °°SEAL i COMMONW~~TH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of ~~~ M ~ f ~ tit h ~ FROM • DISTRICT JUSTICE JUDGMENT - COMMON PLEAS No. /Q - „s'R,3,~ L''u~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. vs Cv-v~va~~3 -~~ 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 District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. was ~i//i~IM~ (see before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Siynsfu- d ProMonobry a DsptMy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. !F NOT USED, detach from copy of notice of appeal to be se-ved upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name d appease(s) appellee(s), to fife a complaint in this appeal (Common Pleas NQ. ~fJ - fir-' 93J ~~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signer orappeaenrorerromeyoreyeM RULE: To (~f- I• , appellees) Name of appease(s) (t) You are notified ' "ar rate 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 ~ service~e~r by certified or registered mail. ~~~ (2) If you dox+iot ~~~ AIrri)lt~i~Y.w-t~rt this time, a JUDGfNENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The-r1a~~'pf«~¢e o~.tt~sp~ul~~fs~etvi~e was by mail is the date of the mailing. Date: ` .~ _ r F2@~~ ~ ... ~ ~ £ ~~ ~ `--m-,~-~ sae of P ary a ~~ . _ ,~; YOU MUST INCLUDE A SPY OF THE NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHRE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COIaRT FILE .YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE i v ~ f PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of aflrant Signature of official before whom affidavit was made Title of official My commission expires on , 20 . ~ ~. .~ ~ ~ ~ .. 0 ~- ~ . ~ Postage $ .... - . -!. a ~ CertFfiedFee x',:,u{! i'':' .~ 0 ~ Retum Receipt Fee (Endorsement Required) ~.l~ ~ {_±{_! P4~Pp~ark re O Q Restricted Delivery Fee (Endorsement Required) yi; , l ii 3 f`- Totaf Postage & Fees ~ s'~° ^' `-f`" ~ ".,i,L.Y;1.-i O ~ o ent o !~~4 ~ ~ ~d1 ~ _.. .. .. ~~.eet.~p~ _..... .. .... -------------- or PO Box No. / ~ it ~( ~[ Q ~ _ ._ .__ S City tate, 4 _. , , , •.._._.._ ..-°• d - • ~ . ~ ~ ?' t..r., t _W ~ ~- ~ _ C.t] . a ...~ . ftJ Postage $ u'1 {,~ Cert(fied Fee ' ` "~ ~ ~ Retum Receipt Fee ~di. ~ f11 Park ~ O (Endorsement Required) ~ Restricted Delivery Fee ~?!:lJi! ' ~' ~ (Endorsement Aequired) r N Total Postage & Fees O C7 nt ~ d ~. -S`f et, Apt. No.; ~ or PO Box No. /~~~~ ~ / ._...-----• .t!k~ - Clty, SYete, ZI _._ ~~ 't 1~~~3-~~~ ~° iC~ 20l~~C- --5 i'i`i I~ ~~ ~c~~~~~.~,~.~Fa ~at~~, ~4~ t MARY A. ETTER DISSINGER, AND DISSINGER AND DISSINGER Plaintiffs vs. KIMBERLY FLICKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW N0. CV-10-5935 N O T I C E T O D E F E N D 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 THI S PAPER TO YOUR LAWYER AT ONCE . I F 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 !~~_~ ~:.~~ r 32 SOUTH BEDFORD STREET '~ `' °`~ "'~r CARLISLE PA 17013 ~=~~ ~-~ ~_~~~ 1-800-990-9108 ~°`~ ~~=' ~~ 717-249-3166 ="~~ ~ °`~ e, r~ e7 `:~' ~ rr~ _... :~ <.3'1 ~ Mary A. Etter Dissinger, Es ire Attorney for Plaintiff MARY A. ETTER DISSINGER, AND DISSINGER AND DISSINGER Plaintiffs vs. KIMBERLY FLICKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW N0. CV-10-5935 COMPLAINT AND NOW come the Plaintiffs, Dissinger and Dissinger and Mary A. Etter Dissinger, and represent the following: 1. The Plaintiffs are Dissinger and Dissinger, a Pennsylvania Corporation, with corporate offices at 400 South State Road, Marysville, Pennsylvania and an additional office at 28 North 32nd Street, Camp Hill, Cumberland County, Pennsylvania and Mary A. Etter Dissinger, a principal in the firm of Dissinger and Dissinger. 2. The Defendant is Kimberly Flicker, who resides at 587 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. On or about August 20, 2009, the Defendant consulted with Plaintiff, Mary A. Etter Dissinger, and entered into an agreement to obtain legal services from Dissinger and Dissinger. (See copies of Agreement attached as Exhibit A.) 4. Services were rendered to the Defendant, the Defendant was invoiced for such services in accordance with the attached engagement letter. Defendant became dissatisfied either with Plaintiffs' services or with Plaintiffs' billings. 5. Defendant terminated Plaintiffs' services. 1 i 6. Defendant had failed to pay for services rendered in accordance with the agreement of the parties. 7. Plaintiffs seek compensation for the balance due and owing plus costs of suit which are currently $1538.69. WHEREFORE, Plaintiffs request judgment against Defendant in the amount of $1538.69. Respectfully submitted, DISSINGER & DISSINGER Q Mary A, Etter Dissing~` Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax VERIFICATION I, Mary A. Etter Dissinger, a principal in the firm of Dissinger and Dissinger, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsification. /~c f,L~ . ~-- Mary A. Et er Dissinger, Pla' tiff A DIS~INGER ~DISSINGER Attorne}.'s ~~t Lr;'w August 21, 2009 Kimberly Jean Flicker 587 Mountain Road Boiling Springs, PA 17007 Dear Ms. Fl..: ?ter: You have asked our firm to represent you in a divorce, custody, support, equitable distribution, alimony, alimony pendente 1ite, counsel fees, expenses and costs matter. This letter sets forth the agreement concerning our representation of you. Please sign the enclosed agreement and return it to our office as soon as possible. We are unable to tell you specifically how much your case will cost through its conclusion. Therefore, it is necessary to represent you on an hourly rate basis. Due to the nature of this matter and the impossibility of determining what course the matter may take, we are unable to establish a flat fee for our professional services. We cannot undertake to do any work on your case until we receive the enclosed agreement signed by you and the non-refundable, retainer of 52,500.00. Our retainer is a minimum fee and not refundable. Our billings are based on the present hourly rates set forth in the attached fee schedule. Our hourly rates are adjusted every January. When the hourly rates are adjusted you will be notified. As you and I have discussed at your initial consultation on August 20, 2009, should you decide that you only wish me to represent you at the support conference, there will be a flat fed of 5500.00. This fee is not refundable and covers all work up to and including one support conference. If an appeal is taken, you will be billed hourly in accordance with the attached fee schedule. Work after the support conference will be billed hourly in .EXHIBIT 28 North Thirt}-Second Street • C ,, X400 South State Read • I-4ar••c .28~woice • iti.9i~.3924~fax • ili.9ii.2316~fax accordance with the attached rate schedule. We may require a retainer toward additional support work. You are also responsible for paying all costs related to your case. We will require you to deposit 5525.00 in addition to the retainer to cover these costs for the divorce, custody, support, equitable distribution, alimony, alimony pendente .Iite, counsel fees, expenses and costs. Costs are our out-of-pocket expenses, such as filing fees, process server fees, transcripts, photocopies, long distance telephone calls, travel mileage, investigators, appraisers, and accountants. These costs will also be itemized and billed on a periodic basis. We will bill you monthly for legal services and costs and expect payment within thirty (30) days of the date of the bill. If you would prefer to receive invoices via e-mail, please provide us with your current e-mail address. We offer a discount of $2.00 on fees for each monthly invoice that is sent via a-mail. There is no discount on interest charged. Our statements are generally premised upon the amount of professional time expended by the attorneys and staff in our office for such services as conferences, telephone conferences, research, court appearances, travel, and other miscellaneous legal services. In addition, other considerations may enter into the setting of a fee, such as: the novelty and difficulty of the issues involved; the result achieved; the amount in dispute; the necessity of a specialized skill requisite to perform the legal service properly; the likelihood that the acceptance of a particular employment will preclude other employment by the attorney; time limitations imposed by the client or by the circumstances; the nature and length of the professional relationship with the client; the area of law involved; and the interruption of other work in progress. It is impossible to determine in advance the amount of time that will be needed to complete your case. We will keep you fully informed of conferences, telephone calls, drafting of documents, research, court time and necessary travel time. . We will terminate our attorney-client relationship for non-payment of fees or costs which are not paid within 30 days of billing. If your retainer has been exhausted and there is still considerable work to be done on your case, you may be asked to replenish your retainer and costs before our legal work continues. In the event that any bill from the law firm remains unpaid beyond a ninety !90? day period, you agree that the law firm may withdraw its representation, at the option of the firm. In the event that an action is pending, and absent your consent, an application must be made to the court for such withdrawal. Where the fee is unpaid for the period set forth above, you acknowledge that in connection with any such withdrawal application, the account delinquency shall be good cause for withdrawal. We will keep you informed as to the progress of your case. We will send you copies of all papers coming in and going out of our offices, including correspondence, pleadings and other documents. If we are unavailable when you telephone, your call will be returned with reasonable promptness. There will be times when we will be in Court or at meetings or in conference, which will preclude us from returning your call as quickly as you might like, but we shall do our best to return your telephone calls as soon as we can. At such times, please feel confident to talk with our secretaries. Tf yo',: are passing on information, tY'iey can deliver it to us without the necessity of your waiting to have us return the call. If you have a question that requires an answer from us, it is far easier for them to obtain the background from you, brine the matter to our attention when we are free, and then have a response for you. If it is necessary for you to speak with us directly, we will attempt to return your call as soon as possible. Every effort will be made to expedite your case promptly and efficiently according to the highest legal and ethical standards. Please acknowledge receipt of the enclosed agreement and your acceptance of its terms by signing the enclosed copy and returning it to us so that we will have a mutual memorandum of our understanding. The other copy we have enclosed is for you to keep for your records. We suggest that you keep your copy of the engagement letter in the folder we have provided to you, along with any future correspondence from this office. We have implemented a policy that ten years from the closing of an active file, it will be destroyed. If we are not retained, it will be destroyed one (1) year after the initial contact with our office. When retained, we will send you copies of all correspondence and pleadings as your case progresses. If, at the conclusion of your case, you find you do not have some document from your case and want it, let us know. We will send you a reminder near the end of the ten-year period that your file will be destroyed so you have another opportunity to make sure your records are complete. Therefore, you will need to keep us apprized of your current address and telephone numbers at all times. Respectfully, DISSINGER and DISSTNGER Mary A.~Etter Dissinger '~ • Attorney at Law MAED: arg Encl: 4 File: 3-09-524 I agree to and accept all of the above terms this ~ day of 2009. ~ ~. Kimberly icke ~. STANDARD FEE FOR SERVICES ON AN HOURLY BASIS }Tob Title Work Performed Hourlv Rate William C. Dissinger Mary A. Etter Dissinger In Office $250.00 William C. Dissinger At Hearing/In Court Miry A. Etter Dissinger or Adversary Proceeding $300.00 Law Clerk/Paralegal All $100.00 Secretary Secretarial $ 60.00 Computer Operator Micro Computer/Word Processing $ 60.00 Electronic research Use of standard electronic research package $150.00 Electronic research Outside standard PA package at cost Copies $ .10 per page Faxed material Sent or received $ 1.00 per page E-mails Sent or received $ 1.00 each Fees are based on ti me, portal-to-portal, for out of office meetings, conferences, and hearings. Incurred expenses or c osts, such as filing fees, appraisal fees doctors' fees, medical reports, expert fees, etc., are billed at cost. Statements are sent every thirty (30) days. Payment is expectectt~y the date indicated on the statement. All accounts with balances outstanding after thirty (30) days are charged interest at a rate of 1.5$ per month on the outstanding balance. Outstanding balances v~-ill not be carried past ninety (90) days. Please remit all payments to: D I S S I N G E R & D I S S I N G E R Attorneys At Law 400 South State Road Marysville, PA 17053 717-957-3479 MARY A. ETTER DISSINGER, AND DISSINGER AND DISSINGER . Plaintiffs vs. . KIMBERLY FLICKER . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW N0. CV-10-5935 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon Kimberly Flicker, by First Class United States mail addressed as follows: Kimberly Flicker 587 Mountain Road Boiling Springs, PA 17007 Date: L~s~ D Q( ` Mary A. Etter Dissinger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLICKER, Plaintiff v. KIMBERLY J. FLICKER, Defendant N0. CV-10-5935 CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE c:~ ,.., G~ ...4 ~ ~~ ~ ~ --r ~~ ~' --+ °-c~r' to ~' --~ ~' .._. :.~ Q ~ ua ~ . -c~ a~ ~ ~-r, ~ ~= ';a ...~; ~ rv ~ Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Kimberly J. Flicker. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 DIANE~G:'ftAQ'C IFF, ESQUIRE Supreme urt ID # 321 2 Date: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY A. ETTER DISSINGER, AND, DISSINGER AND DISSINGER Plaintiffs v. KIMBERLY J. FLICKER, Defendant N0. CV 10-5935 ca r~ c ~ -n CIVIL ACTION -LAW ~~ .._, ~~ ~~ ~ ~~ ~r ~ ~c~ ..~~° 'i ~ --~c~ • c® ~ ~ c - Wit"' _ ~" :~ v ~, AMENDED PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Kimberly J. Flicker. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 WlMfE-6'. DCLIFF, ESQUI urt ID # 32112 Date: October 15. 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY A. ETTER DISSINGER, AND, N0. CV 10-5935 DISSINGER AND DISSINGER Plaintiffs CIVIL ACTION -LAW v. KIMBERLY J. FLICKER, ~ ~.~.~ ~_ °' Defendant ~~ c~ " - i Tl C7 NOTICE TO PLEAD ~~ ~, ~~' T0: PLAINTIFFS j'" ~= `~~'- MARY A. ETTER DISSINGER, and p~ `•' ~'~`' DISSINGER AND DISSINGER ..~~ rrr ~ You are hereby notified to file a written response to the endorsed New Matter w~th~n twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, ~ ~,~- . ~~ DIANE DC IFF, ESQUIRE \ 3 Tri oad Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY A. ETTER DISSINGER, AND, N0. CV 10-5935 DISSINGER AND DISSINGER Plaintiffs CIVIL ACTION -LAW v. KIMBERLY J. FLICKER, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, this day of ~C'~~~ ,010, comes the Defendant, Kimberly J. Flicker, by her attorney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in Part and Denied in Part. Defendant admits that she became dissatisfied with both Plaintiffs' services and Plaintiff's billings. Defendant denies that such services and billing were in accordance with the attached engagement letter. 5. Admitted. 6. Admitted in Part and Denied in Part. Defendant admits that she failed to pay for -2- all of the services rendered. Defendant denies that the services rendered were in accordance with the agreement of the parties. 7. Denied. This is a request for relief for which no answer is required. To the extent it may be determined that an answer is required, Defendant specifically denies that she owes any balance to the Plaintiffs which they claim is currently $1,538.69 WHEREFORE, the Defendant respectfully requests this Honorable Court to grant judgment in favor of Defendant and against Plaintiff together with cost of suit. NEW MATTER 8. Defendant incorporates by reference the Answers and Averments set forth in paragraphs 1-7 herein the same as if fully set forth herein at length. 9. Defendant believes and therefore avers that she owes nothing to the Plaintiffs because: a. Plaintiffs did not provide Defendant with competent and proper legal advice in light of the circumstances in her divorce case and in her support case. b. Plaintiffs charged Defendant excessive fees for services that should not have been performed. c. Plaintiffs charged Defendant excessive fees for services that were performed without Defendant's knowledge and/or permission. d. Plaintiffs did not properly advise Defendant of the legal and financial ramifications of taking an appeal to a support order entered in her child support case and did not advise her that such an appeal was not in Defendant's best interests. e. Plaintiffs contacted her husband's attorney and gave permission to list their home for sale without securing Defendant's permission and without advising her that absent a further agreement the funds from the sale would be put in escrow until the completion of the divorce. -3- f. Plaintiffs improperly charged Defendant for the task of organizing and creating spreadsheets from the box of information Defendant provided to Plaintiff which task the parties had agreed that Defendant would perform. WHEREFORE, the Defendant respectfully requests this Honorable Court to grant judgment in favor of Defendant and against Plaintiff together with cost of suit. Respectfully Submitted, DCLIFF, ESQUIRE Registration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliffC~comcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Defendant Dated: October 15, 2010 -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: /~ l /lJ CERTIFICATE OF SERVICE AND NOW, this 15t" day of October, 2010, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within Answer and New Matter upon the Plaintiffs, by mailing same by first class mail, postage prepaid, addressed as follows: Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 28 North 32"d Street Camp Hill, PA 17011 Respectfully submitted, DI1~N ~C FF, ESQUIRE 3448 ad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant -6- ~rrwrro-oFr:rc~ ~~ ~~~ pppTH0AI0TARY 2010 aGT ?_8 A' 1~~ 23 MARY A. ETTER DISSINGER, DISSINGER AND DISSINGER Plaintiffs vs. KIMBERLY FLICKER Defendant CO~~gB~RLA~~D COU3~~ i `r' P~t~t~SYLVAt~dIA AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. CV-10-5935 PRAECIPE To the Prothonotary: Please withdraw the Answer and New Matter in the above- captioned matter. Thank you. Respectfully Sub 'tted, ~~ z ~ Da e Diane_ Radc f, Esq. Coun ~ for Kim erly J. Fli ker PRAECIPE To the Prothonotary: Please withdraw the Complaint in the above-captioned matter. Thank you. Respectfully Submitted, DISSINGER AND DISSINGER Date: /(~ /,~(~ ~~~~ Mary A: Etter Dissinger Attorney for Petitioner Supreme Court I.D. 27736 28 N. Thirty-Second St. Camp Hill, PA 17011 717-975-2840