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Home My WebLink About04-3821 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS fjo,//o~ Judicial District, County Of C1Avnbev{GlV\4 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 'f ~ 315:L1 c::.;vrl NOTICE OF APPEAL Ie.."'''' Notice is given that the appellant ha~i 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. NVa~LLANT~; I/', I MOC/::3-D.3 I NAM~~~ 1(. 7::>a AOORESSWJ/~a I ~re &vI ilL Ptt' 170 I ~ STATE '1 O~Ffor;7oJ- 1~1~~(P~J!("'~ p~" NEy$tft,',(,V\~ DOCKETlo1. -, tJ I I I SIGNATURE OF A --J (W- OOOOI/q-of ZIP CODE This block will be signed ONLY wh'Em this notation is required under Pa. . R.CP.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice. will operate as a before a Distn'ct Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature ofProlhonotary 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.CP.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 Prolhonotary , Enter rule upon _ -l-hVl.(i t~ [(", I4ikt -p C-... appellee(s), to file a complaint in this appeal Nam~pp6I1~(S) (Common Pleas No. 0 'I.~ .1<6 ~ J ) within twenty (20) days after servic RULE: To ~4 Mtd' V,^ '~r 1? t!. . appellee(s) Name of aJ::!(~) ~ . I (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 compiaint 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 maills the date of the mailing. Date: L't--<..t.:L ..,fl}/"}/ / ~ (/ t- F"~~ YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. fjtf . 20 rV I ---- ~ AOPC 312.02 COURT FILE TO BE FILED WITH PROTHONOTARY (TiJiS PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT MUST BE FILED WITHIN TEN (10; DA {i/ing tfir; of :JfJiX;<i3! Check afJpiicab!o CO~,,1MONVViEAL TH COUNTY Or- PENNSYL VANIA ss AFFIDAVIT: i hereby tho Notice of C::.m1nl0n Pioas ~Jo , U!J0n tile District Justice d8sIgnatceJ tnt:J0!!i of service) by persomJ1 servicr: attached heretD upon tilP by personal service Dy i,reGjstere~nal!o f) 2? "tl (8(>?:;)1 Signature of offjeiill before whom affidavit was made ~ l\ . 't B ~ ~ .... ~ ~..,\ .. \ u l0 ..n '" "\ r- liND SUBSCRIBED BEEORE ME DAY Tifle of offieia! My comrnbsjo(j on AOPC 312/\ COMMONWEALTH OF PENNSYLVANIA ~NTY OF: CUMBERLAND Mag. Dlsl. No.. 09-3-03 T,I'phoo, (717) 486 -7672 17065 NOTICE OF JUDGMENTITRANSCRIPl CIVIL CASE PLAINTIFF: NAME and ADDRESS rJlANFT I< KNIGHT, P.C. 19 BROOKWOOD AVE SUITE 106 ~ISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS 'sCHILLING, CRAIG 6 CARDINAL DRIVE CARLISLE, PA 17013 L Docket No.: CV- 0000119 - 04 Date Filed: 4/29/04 OJ Name: Hon. Address SUSAN K. DAY 229 ~LL STREET, BOX 167 MT. HOLLY SPRINGS, PA CRAIG SCHILLING 6 CARDINAL DRIVE CARLISLE, PA 17013 THIS ISTO NOTIFY YOU THAT: Judgment: FOR PT.l\.TNTIFF [i] [i] Judgment was entered for: (Name) Hl\.NF~ ~ ~T~HT, p_~ , Judgment was entered against: (Name) SCHTT.T.TNG, CRATG in the amount of $ R, 11 7 _ 00 on: (Date of Judgment) 7/06/04 o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 8,000.00 $ 117.00 $ .00 $ .00 $ 8,117.00 O Amount of Judgment Subject to Attachmentl42 Pa.C.S. S 8127 $ D Portion of Judgment for physical damages ~if!,/l.9u~r~i~ential lease $ . Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 OAYS AFTER THE ENTRY OF' JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVI~ DIVISION. YOU MUST INCLUOE A COPY OF THIS NOTICE OF JUOGMENT/TRANstRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PflOCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT tjOLDER 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 DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUOGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUOGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ""'" -,.,-0'/ D'" . .;C0~ !J . . ~,~~,;:';"~, I certify that this IS a true Ind correct copy of the recoJ: of XoCeedingS contal~lng>lhe iudgrtlent. .... , Date ~ '. , , District JU$tice My commission expires first Monday of January, 2010 , . SEAL AOPC 315.03 DATE PRINTED: 7/06/04 3:29:08 PM ...., c.:.:> c"" ...- r" C~ (,) o " ~ij fIlp -OfT! ~uO :.'?(~- 1-:/ ~:"l _.( 'I >-,;m ~':~ "Xl -< .+:- '," _h: tv Cq ,. .~~":,.~,~,.~. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ~/ 07 /, Judicial District, County Of CuWlro-.bItl~ NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 'i - .3 '7 ;1../ c. ;" ; NOTICE OF APPEAL j:c..... 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. NVa~"LANT~11' II, r. 17/q~N3-l)~ I NAM~~~ IC Cxt -!;~,';al ~< (ltivl,jU pr!' /70/3. ":" '1 DD.;FfoL:llJ+ rra~sfr;;;'J Kvt,'M p~ ~, &41 SC:C;,I f,~ DOCKETtol. . ~. ., I SIGNATURE OF A LLANT R ATT NEY T.~ (J.V - 0000 Uq - of ZIP CODE This block will be signed ONLY when this notation is required under Pa. . R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. ND. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUSr BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days aftar 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 ONL Y when appellant was DEFENDANT ,(see P~.R; CPD.J. No. !pOt (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 _~fLa~f'10iCtt -p C-. Nam~ppelll(s) (Common Pleas No. 0* - ~3 2.--1 ) within twenty (20) days after servlc appeliee(s), to file a complaint in this appeal RULE: To ~~~)0~~,-P (!. ' appeliee(s) (1) You are notified that a rule is hereby entered upon you to file a compiaint 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. f rule or SUffe~Udgment of non pros. ~4 -ff..-,"- (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: /1~~~'~ ~Ll-~ -,.r . gnau"ofProth~aryor/) ;/ f./ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Z/i tf . 20 .CX/ AOPC 312-02 COURT FILE l__ " ,~/iUST BE FfLED WITtfiN L'~~Y:'} PROOF OF SERVICE OF NOTICE OF APPEll.! "No RULE TO Fill COMEl ',11'1'1 (Tilis C()MMONWEA~:IH OF PFiNNSYlVANl1\ , 'I I - /'! , '. I,. J. ..;; CCL,N I Y OF, ..t !(I"'1'1 1'\''/'.' j. A./.. -..".- ",,' _ "" ,o,;,,_~, ll.. 11.:'\ AFFIDAVIT: ! h(H'cby ! SU'\,(:(: a cOPV the Notice of .Appeal, :::/,:,::1, $eIVlce)~iSi~ Plfl" Nocrf-3P>~ ep!!s Ot-{ ?<\ :!.:Iet:~;f :';p<{i" , ! .(qt.J- ~~4,,1 I ,. ! >VFI"~::F~~!~';P>' ' ,,-~u:w~pui--. "I'"",.""..,e ,,"h',';"';"'''' (SWORN) (AFFIRMED) i\ND SUBSCRIBE'U BEFORL TH?J /-1 ~ DAY OF4t<.; "-.>+ 2C t ,/ (ft.-, Eft:--1& -_.~-~~~~. Signature Of offlc efofB whom aftiYif wa.<; mtJ(/e AJ oJ.e..r. Tj[iiJofofficib/ 7 cormniSS1on expires on 7- ..YO ,2iJ 0<0 Notarial Seal CII!ly B. Pry, Notary Public Soulb ~ Twp, C1lmberIllnd COIUIlY My <>-"""'Ion 'IlXplm July 30. 2006 AOPC 312A - 02 I I r I, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFT & KNIGHT, P.c. Plaintiff : NO. 04-3'21 CIVIL TERM v. CRAIG SCHILLING, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 RATE Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 A VISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo a1 partir de la fecha de la demanda y 1a notificacion. Race faIta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a 1a corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME o VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFf & KNIGHT, P.C. Plaintiff : NO. 04-3921 CIVIL TERM v. CRAIG SCHlLUNG, Defendant COMPLAINT AND NOW, comes the Plaintiff, Hanft & Knight, P.C., and makes the following Complaint: 1. The Plaintiff is Hanft & Knight, P.c., a professional corporation engaged in the practice of law in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Craig Schilling, an adult individual residing at 6 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania 17013. COUNT I HANFT & KNIGHT, P.C. v. CRAIG SCHILLING 3. On August 29, 2002, Craig Schilling entered into a contractual relationship with Hanft & Knight, P.C. regarding legal representation for general business matters. 4. Hanft & Knight, P.C. provided legal representation in accordance with the contract referred to in Paragraph 3 above. 5. Hanft & Knight, P.c. subsequently billed Mr. Schilling for said legal services in the amount of $733.00. 6. Despite repeated invoices and attempts at collection, Mr. Schilling has failed to remit payment for the amount due. WHEREFORE, Hanft & Knight, P.C., requests judgment against Craig Schilling in the amount of $733.00, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. COUNT II HANFT & KNIGHT, P.c. v. CRAIG SCHILLING 7. On August 29, 2002, Craig Schilling entered into a contractual relationship with Hanft & Knight, P.c. regarding legal representation for a custody matter (Schilling v. Wetzel, Docket No. 97-4616, Cumberland County Court of Common Pleas). 8. Hanft & Knight, P.c. provided legal representation to Mr. Schilling in accordance with the contract referred to in Paragraph 7 above. 9. Hanft & Knight, P.C. subsequently billed Mr. Schilling for legal services provided in the matter referenced in Paragraph 7 above in the amount of$ 1 ,724.00. 10. Despite repeated invoices and attempts at collection, Mr. Schilling has failed to remit payment for the amount due. WHEREFORE, Hanft & Knight, P.C. request judgment against Craig Schilling in the amount of $1,724.00, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. COUNT III HANFT & KNIGHT, P.C. v. CRAIG SCHILLING 11. On August 29, 2002, Craig Schilling entered into a contractual relationship with Hanft & Knight, P.C. regarding legal representation for a support matter (Wetzel v. Schilling Docket No. 00669 S 2002, PACSES Case Number 639104710). 12 Hanft & Knight, P.C. provided legal representation to Mr. Schilling in accordance wi th the contract referred to in Paragraph 11. 13. Hanft & Knight, P.C. subsequently billed Mr. Schilling for legal services provided in the matter referenced in Paragraph 11 above in the amount of $1,722.64. 14. Despite repeated invoices and attempts at collection, Mr. Schilling has failed to remit payment for the amount due. WHEREFORE, Hanft & Knight, P.c. request judgment against Craig Schilling in the amount of $1,722.64, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. COUNT IV HANFT & KNIGHT. P.C. v. CRAIG SCHILLING 15. On August 29, 2002, Craig Schilling entered into a contractual relationship with Hanft & Knight, P.C. regarding a protection from abuse matter (Katherine Marie Wetzel v. Craig Schilling, No. 02-3593, Cumberland County Court of Common Pleas) 16. Hanft & Knight provided legal representation to Mr. Schilling in accordance with the contract referred to in Paragraph 15. 17. Hanft & Knight, P.C. subsequently billed Mr. Schilling for legal services provided in the matter referred to Paragraph 15 in the amount of $1,138.00. 18. Despite repeated invoices and attempts at collection, Mr. Schilling has failed to remit payment for the amount due. WHEREFORE, Hanft & Knight, P.c. request judgment against Defendant Craig Schilling in the amount of $1,138.00, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. COUNT V HANFT & KNIGHT, P.C. v. CRAIG SCHILLING 19. On December 5,2002, Craig Schilling entered into a contractual relationship with Hanft & Knight, P.C. regarding a district justice matter (Craii! Schilling v. Katherine Wetzel, (CV- 0000419-02). 20. Hanft & Knight, P.C. provided legal representation to Mr. Schilling in accordance with the contract referred to in Paragraph 19. 21. Hanft & Knight, P.c. subsequently billed Mr. Schilling oflegal services provided in the matter refereed to in Paragraph 19 in the amount of $1,776.00. 22. Despite repeated invoices and attempts at collection, Mr. Schilling has failed to remit payment for the amount due. WHEREFORE, Hanft & Knight, P.C. request judgment against Defendant Craig Schilling in the total amount of $7,093.64, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. HANFT & KNIGHT, P.C. C;::" ';;Jgh' ~~;~c) lr Attorney LD. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff VERIFICATION Gregory H. Knight, Esquire, one of the partners of Hanft & Knight, P.c., hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsifications to authorities. ~^:d~ ({, ... (C') U- DATE: to C;.t2f~ 2cOf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFI' & KNIGHT, P.c. Plaintiff : NO. 04-3921 CIVIL TERM v. CRAIG SCHILLING, Defendant CERTIFICA TE OF SERVICE AND NOW, this J ~ tb day of September, 2004, I, Gregory H. Knight, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Complaint with attached Notice to Defend, by first class, United States Mail, postage pre-paid, addressed as follows: Craig Schilling 6 Cardinal Drive Carlisle, PA 17013 HANFI' & KNIGHT ~JK~"E"~ r:'"j'u- Attorney ill No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFT & KNIGHT, P.C. Plaintiff NO. 04-3,921 CIVIL TERM v. CRAIG SCHILLING Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S COMPLAINT And now comes the defendant, Craig Schilling, in response to plaintiff's, Hanft and Knight, P.C., complaint: 1) Admitted 2) Admitted 3) Admitted 4) Denied 5) Admitted 6) Admitted 7) Admitted 8) Denied - Hanft and Knight did not fulfill their contrilct for legal representation in the listed custody matter, failed to exercise ordinary skill and knowledge in the case, and left many issues unresolved. Defendant has been required to complete nwnerous issues and filings pro se and is still doing so. 9) Denied - Hanft and Knight billed defendant for amOlmts greater than $1,724.00. lO)Denied - Defendant has paid portions of Plaintiff's invoices and disputes the amount of invoices and the quality of the services rendered. 11) Agreed 12) Denied - Hanft and Knight did not fulfill their contract for legal representation in the listed support matter, failed to exercise ordinary skill and knowledge in the case, and left many issues tmreso1ved. Defendant has been required to complete numerous issues and filings pro se and is still doing so. 13) Denied - Defendant has paid portions of Plaintiff's invoices and disputes the amount of the invoices and the quality of the services rendered. $1,722.64. 14) Denied - Defendant has paid portions of Plaintiff's invoices and disputes the amount of the invoices and the quality of the services rendered. 15) Agreed 16) Denied - Hanft and Knight, P.C. did not fulfill their contract for legal representation in the listed protection from abuse matter and failed to exercise ordinary skill and knowledge in the handling of the matter. 17) Denied - Hanft and Knight, P.C. billed Defendant lor amounts greater than $1,138.00. 18) Denied - Defendant has paid portions of Plaintiff's invoices and disputes the amount of the invoices and the quality of the servict:s rendered. 19) Agreed 20) Denied 21) Agreed 22) Denied - Defendant has paid portions of Plaintiff's invoices and disputes the amount of the invoices and the quality of the services rendered. WHEREFORE, Defendant, Craig Schilling requests Plaintiff's complaint be dismissed. Respectfully submitted, VERlFICA nON 1 verify that the statements in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements, herein made, are subject to the penalties of 18 Pa. 4904, relating to unsworn falsification to authorities. DATE to/ ~()f ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFT & KNIGHT, P.C. Plaintiff NO. 04-3921 CIVIL TERM v. CRAIG SCHILLING Defendant CERTIFICATE OF SERVICE rt? IFL LL _ I, Craig Schilling, hereby certify that I did, the It- day of ~, 2004, cause a copy of DEFENDANT' S RESPONSE TO PLAINTIFF'S COMPLAINT to be served upon plaintiff, Hanft and Knight, P.C. by personal service at the following address: Hanft and Knight, P.C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 Date~ ~ f-' t.ur:, o.~ p:: f~) ~~) ~..:!~-:.~ ("') cO' ::::JQ~ o:tlJ ;:c /- IJ_ o ~ <") {: ? ~j C}.~ ':~-),~:'F< ,~\;:5 . ~ ((.0 ,,;.~l ~~~ I,; j,,'::'- :,,'I,}It :S () -- ;:r -:t' I 0- W o ...".. C-,:, "'" "" Hanft & Knight, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-)821 CIVIL v. Craig Schilling Defendant ~ULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: PETITION FOR APPOINTMENT OF ARBITRATORS '0 THE HONORABLE, THE JUDGES OF SAID COURT: Gregory H. Knight, Esquire , counsel for the plaintiff/defendant in the above action (or actions), espectfully represents that: 1. The above-captioned action (~is {aDl) at issue. 2. The claim of the plaintiff in the action is $ 7 1093.64 plus interest The counterclaim of the defendant in the action is none stated in Defendant I s Response. be following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Gregory H. Knight and Sean M. Shultz 'HEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be bmitted. Respectfully submitted, Ul~~ H-Ic:;lt- (, I ORDER OF COURT ---, ANDNOW ~k) going petition, ;j;d tfa-LJ . ~ ,and ~~ Ins) as prayed for. c2 , 1'9 ,;;J-&(), lfco~era;ion of the \ /3"A~ Esq., tJ?Ltf , Esq., are appointed arbitrators in the above ca BY~7!//lr P.J. \/!r\~\1/\1}\S~f'~~d A.U~nC(l 0"~::l;~::::?V~no ~~t,.. )4~/~ (' ~ II-03.b,! 81 :{: ~ld 2- ADN ~OOl I uVi O' I"" , . O' 'd 'Hl Jt) AUV_ l~\Uill'o ::it ::JV 3Jl::!~o-G3ll:! t~~ ....... r- 0 ~~~ g crt p- ~1- (') 1-0.) c: c::::. 0 C;) <~~ ..::::- ~li '"U rei 2: ~:u rntn 0 ZJ; < z:- . =B~ r'" (f.) ;;:: J rst b ._ I ':"::j. ~c, -0 ;1:- -n c :x Qo >c! ~ ~-li1 0 ~ :;;! 0 ,- .D N -< HANFT & KNIGHT, P.C. V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-3821 CIVIL TERM CRAIG SCHILLING IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, November 16, 2004, the Court having been informed that Derek Brownlee, Esquire, is unavailable for the above-captioned arbitration hearing, Nathan C. Wolf, Esquire, is appointed in his stead. By the Court, Ge&lY' P.J. ~ndsay D. Baird, Esquire 37 South Hanover Street .> Carlisle, PA 17013 Chairman of the Arbitration Panel ~ourt Administrator ( CoX) l41'1 I'-U<:~", ,'.'1 ,-; '" ") ou : 17 Ir, ',0 .U . 'i'~\i"'" ,'" t i - ,'~-, C I ''''''" (''''Z ,,-' I "1 '., 111" ~...." I . :~~: 'f I i. t.~ ;'~\/;'i~";::'H~C::i'd :1.'-/1 38! d:IC}--CL31,i.-:f ..Jrj -..1-....' I../. ,. . " , ' I/I?A/Fj ")(NlhI/I~ /?('. . / Plaintiff ",. {lIZ/'ll?} 0f1l1ADA/0 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. () t./ - .J' 62 / Oath We do solemnly swear (or affIrm) that we will support, obey and defend the Constitution of the United States and the Constitution oftrus Commonwealth and that we will discharge the duties of our office _with fidelity. C '17..lda.r1dV(Y Sf 7'1 tv ~~""f ~f Address Address Of}"/t' ,if, /!oJ f<1'r /, >: /.p ;J4 no! J City, Zip City, Zip " / '" 103/7 . ib //.,.3 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affIrmed), malce the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . f.u ltJV.,!;Vlf dtrV /? (71 /UH)/cll P' /), ~uA_ /t)/ I/Ilrl //1 ft1V07 1; fill ?!,<(/I1,4iJ ~ ?'/r'J&. 99 It. v Civil Action - Law. ;r~/~ SIgna e / ,....../ iind5~~ X [laIrd Name ( irman) f5ttfrtf jtJ..:J t/~N<; Law Firm f'~/11:> r. 6.-, f dv?/r' Name ),/1 (P c,f:fH~ '" f. Ilhi/p (. 8-.i"''i';'' Law Frrm ~ - Sig e /J/#I1IIlN L (J,? Name ?/JII/ tYFI a CF 1U>",f,.J C t"j.~p. Law Firm 3"1 {!lCNb;lk ft Address ~:rM r..ll.etpd /4 17#/) City, Zip . Arbitrator, dissents. (Insert name if applicable.) l r;; U~~ (Chairman) Date of Hearing: ,:J..3 ,(! 6~ Date of Award: ,;?, :;. tJ j Now, the .:3 day of ,20 0)/ , at /0: ul,L ,LLM., the above award was entered upon the docket and notice thereof gi n by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ O?~ 0, ~ C'6AA. ,.f 0(1'- P onotary 1~ tIf' ~ ' <- eputy By: ~~ \\ :r ~ J ~ ~ ~ ~ K ~ 1,' ~ ~ :::I ~ ~ "-.. ~ 10 v \ ~ I ~ ~~ () ,;;;;;:;) -"r\ J' ..., .-1 ~ 11-n C'Ci Ii f~3 .-~i';:.C1 , ....:) , J c,) (:J ~~ 2';'. ~: ~.i~;~71 q ";:.:~ c.:~ :2- .r. +f(;1'7H- tI0/;l'i- ( .( Ii 7/)'1 I' '.../'L I " i ?Icil,~'h(-t DT THE COURT OF COMMON PI.~AS CUflIBERLtNJJ GOUNT!, PENNS'YLVA1'TL~_ If L;rf1'lcj , -:SCll)1 (I f::,\ ])(~{lc(c~,\t rTo. OLf- ~o.')I' ,~(j ,y TO T3E NOTICE OF APPEAL FROM A'JJ..JID OF BOAR]) OF AEBITRJ>..TORS PROT5:0NOTARY: -,., .. . &~'j l~ '--x' ~ \ I \ ( Iv1 ( arbitrators enterec. in ~hiS appeals :rom Notice is gi'ren that the al.arc. of the board of fd.J(0iLiv(,.., .); 7wS ( ( A jury trial is c.emanded D (Cheek"- box if a demanded. Other"N'ise jury trial is lffi.i'led.) case on jury trial :"5 I hereby certify that (1) the compensation of the arbitrators r~s been caid, or (Z).. ~r~l"; ('0 a+-; on haD 35e.l..L ~nec.e t"or per'ml:::;j T UI1 :"u ~J. 3C::CC 1:: forma oauoeris ..---( Stri~{e out the i.11appliJable ;:1aU5e.) ( APpe1l8l1t\ 0 NOTE: The demand for jury trial on appeal from comTIulsorv arbitration is g~erned by Rule i007.1" (b). - (b) No affida 'Ii t or '1erificat ion is re c;u ired. ~ ~ ..c }J c> -\Ll. ~ -D \) \) \j -0 Y- ~) T -.. ~-1 , -~~ .'j - .- .0 c') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFT & KNIGHT, P.c. Plaintiff! Appellee : NO. 04-3821 CIVIL TERM v. CRAIG SCHILLING, Defendant! Appellant STIPULATION TO LIMITATION OF MONETARY RECOVERY PURSUANT TO RULE 1311.1 TO: CRAIG SCHILLING Hanft & Knight, P.c., P1aintiff!Appellee in the above-captioned matter, stipulates to $15,000.00 as the maximum amount of damages recoverable upon the trial of the appeal from the award of arbitrators in the above-captioned action. KNIGHT & ASSOCIATES, P.c. C4~ K.(C~~ Gregory H. Knight, Esquire Attorney LD. No. 30622 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for P1ainti ffl Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFT & KNIGHT, P.C. Plaintiff/Appellee : NO. 04-3821 CIVIL TERM v. CRAIG SCHILLING, Defendant/Appellant CERTIFICATE OF SERVICE fit- AND NOW, this { , day of March, 2005, I, Gregory H. Knight, Esquire, hereby certify that I have this day served the following person with a copy ofthe foregoing Stipulation by certified, return receipt requested delivery and by first class, United States Mail, postage pre-paid, addressed as follows: Craig Schilling 6 Cardinal Drive Carlisle, Pennsylvania 17013 KNIGHT & ASSOCIATES, P.c. 6'~1 N. {C)'U- Gregory H. Knight, Esquire Attorney J.D. No. 30622 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff/Appellee PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: o for JURY trial at the next term of civil court, @ for trial without a jury. --------------~----------------~-------------------------------------------------------------- ---------------------- CAPTION OF CASE (entire caption must be stated in full) HANFT & KNIGHT, P.C. (check one) o Civil Act on - Law [J Appeal fr m arbitration o other) (Plaintiff) vs. The trial list will be called 0 and CRAIG SCHILLING Trials commence on (Defendant) Pretrials will be held on (Briefs are due 5 days before retrials vs. No. 3821 2004 Term Indicate the attorney who will try case for the party who files this praecipe: Indicate trial counsel for other parties if known: pro se This case is ready for trial. Sign . Print Name: Date: b ~ UJo S Attorney for: Plaintiff () t: -., ---:... ...., C-..;:l = c.r> "'. -0 ;;0 I <Xl o TI :r en:!"l r-- -r,CTi ~fly ~,'j~;,: <~? l~ '(:~,;f'1 "-.~:l ~~S :< :::c_ =~ ~~ U1 W HANFT & KNIGHT, P.C., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG SCHILLING, DEFENDANT : 04-3821 CIVIL TERM ORDER OF COURT AND NOW, this r} day of April, 2005, IT IS ORDERED that a bench trial will be conducted in Courtroom Number 2, Cumberland County Courthouse at 1:45 p.m., Monday, May 2, 2005. By the Court, / , , ~ )2tegory H. Knight, Esquire j, For Plaintiff :sal --t 4fimli~'"'2; 1 c-aili . ftj{C\ ~ o~ -/J-{J5 ~aig Schilling, Pro se 6 Cardinal Drive Carlisle, PA 17013 Court Administrator i 1'0 n\"." ':1\ :U j;) (' \ \' '\1 cn'I' c., (',(1 ~ Jiju& iY! \.C10';~;E~6!J\(~'1. :\0 . HANFT & KNIGHT, P.C., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG SCHilLING, DEFENDANT 04-3821 CIVIL TERM VERDICT AND NOW, this -.J O-t---day of May, 2005, I find in favor of plaintiff, Hanft & Knight, P.C. and award plaintiff damages against defendant Craig Schilling in the amount of $7,093.64 plus legal interest of 6% per annum. The interest shall run as follows: from June 5, 2003 on $1,724; June 17, 2003 on $1,138; November 4,2003 on $1,776; Apri/21, 2004 on $733; and May 5, 2004 on $1,722.64/ ... By the_ Court, /// ----- v<3regory H. Knight, Esquire For Plaintiff .,.,craig Schilling, Pro se 6 Cardinal Drive Carlisle, PA 17013 ~ Court Administrator :sal HANFT & KNIGHT, P.C., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG SCHILLING, DEFENDANT 04-3821 CIVIL TERM IN RE: OPINION AND VERDICT Bayley, J., May 10, 2005:-- Defendant, Craig Schilling, retained the law firm of Hanft & Knight, P.C., for legal services regarding, (1) general business matters, (2) a custody case, (3) a support case, (4) a protection from abuse case, and (5) a case before a District Justice. Hanft & Knight, P.C. billed plaintiff at its usual rates which defendant agreed to pay. The total billings were $10,993.64, of which defendant paid $3,900. The balance owed is $7,093.64 which defendant has refused to pay. Defendant is dissatisfied with the services rendered and the results obtained on all matters. Through his testimony and documents he provided the sole evidence which he claims shows that the legal services were below the professional standard required. Defendant maintains that this obviates his responsibility to pay the balance due. We are unable on the record made by defendant to conclude that the services rendered by Hanft & Knight, P.C. fell below a professional standard, or were not reasonable such that would warrant relieving defendant from a responsibility to pay. AND NOW, this VERDICT f,O day of May, 2005, I find in favor of plaintiff, Hanft & Knight, P.C. and award plaintiff damages against defendant Craig Schilling in the amount of $7,093.64 plus legal interest of 6% per annum. The interest shall run as . . 04-3821 CIVIL TERM follows: from June 5, 2003 on $1,724; June 17, 2003 on $1,138; November 4,2003 on $1,776; Ap'W, 2004 00 $733; aod M,y 5, 2004 00 $;.'225-' By the CO"rt,,~ Edgar B. Bayley, J.. Gregory H. Knight, Esquire For Plaintiff Craig Schilling, Pro se 6 Cardinal Drive Carlisle, PA 17013 Court Administrator :sal -2- - as :E t...~': ) ""l ['roz ,'1~' .:JU - -l 6 In the Court of Common Pleas of Cumberland County, Pennsylvania Hanft and Knight. P.C., Plaintiff Docket number 04-3821 Civil term v. Craig Schilling, Defendant NOTICE OF APPEAL Notice is hereby given that, Craig Schilling, defendant above named, hereby appeals to the Superior Court of Pennsylvania from the order entered in this matter on the 10th day of May, 2005. This order has been entered in the docket as evidenced by the attached copy ofthe docket entry. It is also requested that a copy ofthe transcript of the hearing be made and said copy be forwarded with this appeal along with all other evidence presented at the hearing before Judge Bayley. Respectfully submitted, Craig Sc' g 6 Cardinal Drive Carlisle, P A 17013 717.258.9293 , i 14121506092005 -PYS510 Cumberlan9 ~ounty Prothonotary's Office Clvll Case Prlnt Page 1 2004~03821 HANFT & KNIGHT P C (vs) SCHILLING CRAIG Reference No. . : Case Type.....: APPEAL - DJ Judgment...... .00 J~dge Assigned: BAYLEY EDGAR B Dlsposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time....... ..: Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 8/04/2004 2:44 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info HANFT & KNIGHT P C 19 BROOKWOOD AVE SUITE 106 CARLISLE PA 17013 SCHILLING CRAIG 6 CARDINAL DRIVE CARLISLE PA 17013 PLAINTIFF KNIGHT GREGORY H DEFENDANT Amount Date Desc 2/03/2005 AWARD OF ARBITRATORS 5/11/2005 VERDICT Judgment Index SCHILLING CRAIG SCHILLING CRAIG 7,706.99 7,093.64 ******************************************************************************** * Date Entries * ******************************************************************************** 8/04/2004 8/04/2004 8/04/2004 9/13/2004 10/04/2004 11/01/2004 11/02/2004 11/16/2004 2/03/2005 3/04/2005 3/18/2005 4/08/2005 4/13/2005 5/11/2005 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - APPEAL FROM DISTRICT JUSTICE ------------------------------------------------------------------- PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COMPLAINT BY GREGORY H KNIGHT ESQ FOR PLFF ------------------------------------------------------------------- DEFENDANT'S RESPONSE TO PLAINTIFF'S COMPLAINT BY CRAIG SCHILLING PETITION FOR APPOINTMENT OF ARBITRATORS - BY GREGORY H KNIGHT ESQ ------------------------------------------------------------------- ORDER OF COURT 11/02/04 APPOINTMENT OF ARBITRATORS BY THE COURT GEORGE E HOFFER P JUDGE ARBITATORS ARE LINDSAY DARE BAIRD ESQ - PHILIP BRIGANTI ESQ AND DEREK BROWNLEE ESQ NOTICE MAILED 11/03/04 ------------------------------------------------------------------- ORDER OF COURT DATED 11/16/04 THE COURT HAVING BEEN INMFORMED THAT DEREK BROWNLEE ESQ IS UNAVAILABLE FOR THE ABOVE-CAPTIONED ARBITRATION HEARING - NATHAN C WOLF ESQ IS APPOIINTED IN HIS STEAD - BY THE COURT - GEORGE E HOFFER PJ COPIES MAILED AWARD OF ARBITRATORS - DEFENDANT DID NOT APPEAR FOR 1 HOUR WE FIND IN FAVOR OF THE PLAINTIFF $.7706.99 BILLED COUNTY FOR ARBITRATORS 2/11/05 ------------------------------------------------------------------- NOTICE OF APPEAL FROM AWARD OF ARBITRATORS BY CRAIG SCHILLING ------------------------------------------------------------------- STIPULATION TO LIMITATION OF MONETARY RECOVERY PURSUANT TO RULE 1311.1 - BY GREGORY H KNIGHT ESQ FOR PLFF ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY GREGORY H KNIGHT ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 4/13/05 - ORDERED THAT A BENCH TRIAL WILL BE CONDUCTED 5/2/05 1:45 PM CR 2 - BY EDGAR B BAYLEY J - COPIES MAILED 4/13/05 ------------------------------------------------------------------- VERDICT IN RE OPINION AND VERDICT 5/10/05 I FIND IN FAVOR OF PLFF HANFT & KNIGHT P C AND AWARD PLAINTIFF DAMAGES AGAINST DEFT CA\RAIG SCHILLING IN THE AMOUNT OF $7,093.64 PLUS LEGAL INTEREST OF 6% PER ANNUM THE INTEREST SHALL RUN AS FOLLOWS: FROM JUNE 5, 2003 ON $1,724; JUNE 17, 2003 ON $1,138; NOVEMBER 4, 2003 ON 14121506092005 'PY~510 Cumberland County Prothonotary's Office Civil Case Print Page 2 2004~03821 HANFT & KNIGHT P C (vs) SCHILLING CRAIG Reference No. . : Case Type.....: APPEAL - DJ Judgment...... .00 JVdge Assigned: BAYLEY EDGAR B Dlsposed Desc.: ------------ Case Comments ------------- Filed. . . . . . . . : Time....... . .: 8/04/2004 2:44 Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: $1776; APRIL 21, 2004 ON $733; AND MAY 5, 2004 ON $1,722.64 BY THE COURT EDGAR B BAYLEY J COPIES MAILED 5/11/05 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - 0/00/0000 0/00/0000 ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal pvmts/Adl End Bal * ********************************~*********************************************** APPEAL D.J. 35.00 35.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 APPT OF ARBITRA 15.00 15.00 .00 APPEAL ARBITRAT 290.00 290.00 .00 ------------------------ ------------ 360.25 360.25 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** In the Court of Common Pleas of Cumberland County, Pennsylvania Hanft and Knight. P.C., Plaintiff Docket number 04-3821 Civil term v. Craig Schilling, Defendant CERTIFICATE OF SERVICE I, Craig Schilling, hereby certify that I did the 9th day of June, 2005, cause a copy of Defendant's Notice of Appeal to be served upon Plaintiffby personal service at the following address: Knight and Associates PC 11 Roadway Drive Carlisle, PA 17013 717.249.5373 ..( ....... Date Le ~I D\ Craig h' ling 6 Cardinal Drive Carlisle, P A 17013 717.258.9293 .. VERIFICATION I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements, herein made, are subject to the penalties of 18 Pa. 4904, relating to unsworn falsification to authorities. DATE (p!/f(O( l 0 -&\' 'Z ~ \:5 ~ -t:; ~ I 1'" ~ <a - ~ ~ ~ ~ (:) ~ ~ ~ ? -&- ~ ~ cD C' ~ -:r" I ::.-- c ~ ...., ~ ~ ~ r-> c::::> '5'- <..- s:::; ........ ---------- , u:> o 1"\ .-t ::r.-n (\If: -orD ~.';;Y ,;.J\Q -22 ~~~ '~rn :.0 .....::. .-0 :y:: r:-? - -1 .----- Appeal Docket Sheet Docket Number: 967 MDA 2005 Page 1 of 2 June 14, 2005 Hanft & Knight, PC v. Craig Schilling, Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: June 14, 2005 1:35 P.M. Journal Number: Case Category: Superior Court of Pennsylvania ()If- Jf,~( c,;, I '* Awaiting Original Record Civil CaseType: Related Docket Nos.: Civil Action Law Consolidated Docket Nos.: 966 MDA 2005 Similar Issues Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: June 28, 2005 Next Event Due Date: July 25, 2005 Appellant Pro Se: IFP Status: Appellee Pro Se: IFP Status: COUNSEL INFORMATION Schilling, Craig Appoint Counsel Status: No Appellant Attorney Information: Attorney: Schilling, Craig Bar No.: Law Firm: Address: 6 Cardinal Drive Carlisle, PA 17013 Phone No.: (717)258-9293 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Hanft & Knight, PC Appoint Counsel Status: Appellee Attorney Information: Attorney: Knight, Gregory Hampton Bar No.: 30622 Law Firm: Knight & Associates. P.C, Address: 11 Roadway Dr Ste B Carlisle, PA 17013 Phone No.: (717)249-5373 Fax No.: (717)249-0457 Receive Mail: Yes E-Mail Address: Receive E-Mail: No 6/14/2005 3023 ("') "'-, 0 = ~ = -n en '-- S::"Tl c: ~ rnr -rim N TlC') 0 (?(~) ,,'!,j ;;: '::~~B -~!.. ~:-") I fl '-.-1. -":>0- W ~..l"l ...0 ...:; 1:35 P.M. - Appeal Docket Sheet Docket Number: 967 MDA 2005 Page 2 of 2 June 14, 2005 Superior Court of Pennsylvania - FEE INFORMATION Fee Date 6/9/05 Fee Name Notice of Appeal Fee Amt 60.00 Paid Amount 60.00 Receipt Number 2005SPRMD000489 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Date of Order Appealed From: May 10, 2005 Date Documents Received: June 13, 2005 Order Type: Order Entered Division: Civil Judicial District: 9 Date Notice of Appeal Filed: June 9. 2005 OTN: Judge: Bayley, Edgar B. Judge lower Court Docket No.: 2004-3821 ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS Filed Date DOCKET ENTRIES Docket Entry/Document Name Party Type Notice of Appeal Filed Filed By June 14. 2005 Appellant Schilling, Craig AWAITING PROOF OF SERVICE OF APPEAL UPON T/C JUDGE, CRT REPORTER & CRT ADMINISTRATOR. June 14, 2005 Docketing Statement Exited (Civil) Middle District Filing Office 611412005 3023 ..__J -~ 0-.' g <:.r> t__ ~-" ~ ..... I_ nl...!...' 1-.' -nrn CDy (:::)C 71}~ ;'.s,n -"_1 ~\1 :< ~;.- CO,) Cl ?' .-:[1.. ~0 \.0 1:3:;'P.M. ~ Appeal Docket Sheet Docket Number: 987 MDA 2005 Page 1 of 3 June 17, 2005 Superior Court of Pennsylvania - Antonia C. Zawisa, Appellant v. David H. Zawisa Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: June 17, 2005 Awaiting Original Record Journal Number: Case Category: Domestic Relations CaseType: Related Docket Nos.: CustodyNisitation Consolidated Docket Nos.: Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: July 1, 2005 Next Event Due Date: July 27, 2005 6/17/2005 3023 r-.> co> = """ <...4" c:::: .....", ...;- c' -" ( '" N c::> o "T1 -4 :r::'-n rnr:=: -0 en -"",,>::,,.- ::.., .L. <\~, ..':'..,.. i~)f) ;:-':\11 ~3 '1:,'" ":0 '-< :;.:; ~S',.. w CD 1 :34'P.M. . Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 987 MDA 2005 Page 2 of3 June 17, 2005 - Appellant Pro Se: I FP Status: Appellee Pro Se: IFP Status: COUNSEL INFORMATION Zawisa, Antonia C. Appoint Counsel Status: No Appellant Attorney Information: Attorney: Wolf, Nathan Charles Bar No.: 87380 Law Firm: Address: Suite 201 37 S Hanover Street Carlisle, PA 17013-3307 Phone No.: (717)241-4436 Fax No.: (717)241-4437 Receive Mail: Yes E-Mail Address:nathancwolf@earthlink.net Receive E-Mail: No Zawisa, David H. Appoint Counsel Status: Appellee Attorney Information: Attorney: Andrews, Taylor Putney Bar No.: 15641 Law Firm: Andrews & Johnson Address: 78 W Pomfret Street Carlisle, PA 17013 Phone No.: (717)243-0123 Fax No.: (717)243-0061 Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Fee Date 6/17105 Fee Name Notice of Appeal Fee Amt 60.00 Paid Amount 60.00 Receipt Number 2005SPRMD000501 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Date of Order Appealed From: May 24, 2005 Date Documents Received: June 17, 2005 Division: Civil Judicial District: 9 Date Notice of Appeal Filed: June 15, 2005 OTN: Judge: Order Type: Order Entered Lower Court Docket No.: 1998-1653 Bayley, Edgar B. Judge 6/17/2005 ORIGINAL RECORD CONTENTS 3023 t' c::' ~ ", r-.' c:::-::> = c.n (~ c"'::"' -;,; ".'- o -n -4 I:n rll _~ IV-- ;,..,m ~O -~~; ~~ .',c'-P '. ).--/. '..0 C5 rri ~:;;! ~:o -< N C> ~ w CXl 1 :34.P.M. . Appeal Docket Sheet Docket Number: 987 MDA 2005 Page 3 of 3 June 17, 2005 Superior Court of Pennsylvania - Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS Filed Date DOCKET ENTRIES Docket EntrylDocument Name Party Type Notice of Appeal Filed Filed By June 17, 2005 June 17, 2005 Appellant Docketing Statement Exited (Domestic Relations) Zawisa, Antonia C. Middle District Filing Office 6/1712005 3023 ,...., ("::::'J ~ C f0 o ~"-. ::..;: - - o -n -, ::t:-T' n"F:: _rYCr\ :--is) <~)\rJ --,' \' "_L__...,-j '~~~\~ 0) OJ :n ..<; - HANFT & KNIGHT, P.C., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG SCHILLING, DEFENDANT 04-3821 CIVIL TERM IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF CIVil PROCEDURE 1925 Bayley, J., July 11, 2005:-- On May 10, 2005, following a bench trial, a verdict was entered in favor of plaintiff and against defendant for an amount of $7,093.64 plus legal interest of six percent per annum for unpaid legal services. An opinion was filed concurrently in support of the verdict. On June 9, 2005, defendant filed a direct appeal to the Superior Court of Pennsylvania "[fjrom the order entered in this matter on the 10th day of May, 2005." Defendant did not file a motion for post-trial relief. The court did set forth the evidence in support of the entry of the verdict in the I opinion filed on May 10, 2005. ,/ / ~ 7 <' )~ "J4b{' (Date) Gregory H. Knight, Esquire For Plaintiff Edgar B. Bayley, J. '7 Craig Schilling, Pro se 6 Cardinal Drive Carlisle, PA 17013 I .. /J...J "'. /2.(15 ~~f L).- . :$al or: 15., _1. ~J-~~:, '::o"~("" V5~~, AD::: bO- dl\.l 0..;;: '6 o o .- :::;:. W- N .- r t;:; -!~ -) -''? -.:-~., '"'~ c' ~ - HANFT AND KNIGHT, P.C., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CRAIG SCHILLING Defendant 04-3&21 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on May 2, 2005, in Courtroom Number Two. APPEARANCES: GREGORY H. KNIGHT, Esquire For the Plaintiff CRAIG SCHILLING, pro se Defendant INDEX TO WITNESSES FOR THE PLAINTIFF EXAMINATION 1. Craig Schilling as on cross By Mr. Knight By the Court 5, 24 10 2 INDEX TO EXHIBITS FOR THE PLAINTIFF IDENTIFIED ADMITTED 1. Rule 1311.1 7 7 FOR THE DEFENDANT 1. Letter to Disciplinary Review Board 20 20 2. Records and e-mails concerning 21 Donovan 21 3. E-mails to Mr. Hanft 21 22 4. Copy of contempt hearing 22 22 5. Documents on support issue 22 23 6. Listing of issues 23 23 7. E-mailstoMr.Knight 23 24 I 3 1 May 2, 2005, 1:50 p.m. 2 Carlisle, Pennsylvania 3 (Whereupon, the following proceedings 4 were held:) 5 THE COURT: You are representing yourself? 6 MR. SCHILLING: Yes, sir. 7 THE COURT: Ready to proceed? 8 MR. KNIGHT: Yes, Your Honor. I think Mr. 9 Schilling has a motion he wanted to make. 10 THE COURT: Go ahead. 11 MR. SCHILLING: I wanted to address a 12 continuance again. I'm time constrained. At 2:45 I have to 13 be out of here to pick up my daughter and the children of 14 the people who are related to the -- well, the child itself. 15 THE COURT: Let's move forward. First 16 witness. 17 MR. KNIGHT: First witness. I call Mr. 18 Schilling as on cross. 19 THE COURT: Go ahead, sir. 20 Whereupon, 21 CRAIG SCHILLING, 22 having been called as on cross, 23 having been duly sworn, testified as follows: 24 25 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXAMINATION BY MR. KNIGHT: Q Mr. Schilling, you are the Craig Schilling involved in the litigation of Hanft and Knight, P.C., versus Craig Schilling, isn't that correct? A That's correct. Q You received a copy of a complaint that was filed against you and you filed an answer, isn't that correct? A That's correct. Q And in your answer you admitted that on August 29, 2002, and then later in December well, four cases were opened August 29, four different matters August 29, 2002, and then December 5 a fifth matter was opened. You admitted those allegations from the, complaint, didn't you? A I don't have the paper in front of me. If you're telling me that's what I sent back, I would agree with that. Q Do you want to see a copy of your answer and the complaint? I've got one here for both. A No, that's fine. Q Do you accept my representation that, in fact, you admitted to those allegations that a contract had been -- that you hired Hanft and Knight to represent you for 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 five different matters? A Yes. Q Now, earlier this year did you not also receive from me a copy of some documents and a letter dated March 16 that addresses the use of Rule 1311.1 of the Pennsylvania Rules of Civil Procedure? Do you recall getting that? A No. Q I'm going to show this document to you because I believe you've seen it before. Please look at it and tell me if you recognize it. A Yes. Q You recall receiving that? A I don't know if this is the exact paper, but something about a stipulation to the li.mitation of monetary recovery, yes. Q And the documents that are attached thereto, have you seen those documents before? A I be1i.eve so, yes. MR. KNIGHT: Your Honor, I'm seeking to admit these into evidence under Rule 1311 which would allow use of these invoices, and that's what they are, for the five separate matters for which are included in the complaint, total invoices. There's a ledger here, Your Honor, reciting all time, who did it and when, and a written explanation for 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the time on that date. Mr. Schilling has acknowledged he received this. It was mailed March 16. Rule 1311 requires it to be done no later than 20 days before March 16. It's quite a bit earlier. THE COURT: Mark it. (Whereupon, Plaintiff's Exhibit No.1 was marked for identification.) THE COURT: Plaintiff's Exhibit 1 is admi tted. BY MR. KNIGHT: Q Mr. Schilling, those documents that are attached to that letter are the most recent invoice, and then as I told the Judge a listing of all the time. Do you agree that that's the case for each of the five matters? A I can't speak to the accuracy of the documents, no. I didn't keep track of when I was in your office, didn't keep track of who I talked to about what, so I can't speak to the accuracy of the documents. I can only speak to the fact that you sent me the bill, and certainly I had contact with your firm, yes. Q And you've acknowledged receiving Plaintiff's Exhibit l? A Q I know that A copy. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Oh, I know that I got something in the mail, yes. Whether or not it is that exact document, I couldn't say. Q Would you accept my representation that if you take the part of that document and separate it out by individual matter that the total of legal fees is slightly in excess of $7,OOO.00? A Are you asking me if the calculations on your bills total to that? Q Yes. A Yes, that would be my calculation also. Q And, in fact, it does show there -- and please tell me if you remember this -- that on the ledger not only the total time but it's the receipts, any payments made and a balance due? A Yes. Q Now, Mr. Schilling, your answer in addition to admitting that all of these matters were opened on the date and time was listed, your objection is to the competence of the legal advice you got, is that correct? A Well, my objection is to the fact that a lot of the work wasn't completed, wasn't finished, wasn't handled properly. May I -- I don't know exactly how to talk about it in legal terms but Q You don't think you were properly represented 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in the essence of your answer to the complaint that was filed? A No, I think more than Michael didn't complete his -- didn't do his job. He did not respond to a rule to show cause in Donovan's case. He didn't file papers he was supposed to file. So I don't know the legalese you're looking for, but, no, my position has been and will continue to be that Michael just didn't do his job. Q You acknowledge you were represented by Mr. Hanft from Hanft and Knight for each of the five matters that are the subject of this complaint? A No. You handled the civil complaint. Q You're right. I did handle one of the D.J. matters. A And Michael handled the rest. Q Mr. Hanft handled four of them and I handled one, is that correct? A That's correct. MR. KNIGHT: No further questions, Your Honor. THE COURT: Do you wish to testify, sir? THE WITNESS: Yes. THE COURT: Go ahead. THE WITNESS: Can I do it from down there? THE COURT: You are goinq to have to do it up 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here, but bring your stuff up. THE WITNESS: Do I neE,d to be sworn in again? THE COURT: No . BY THE COURT: Q Tell me initially what were these five things that you retained this firm to do. A I initially contacted Hanft and Knight actually through Mr. Knight because he plays golf with a friend of mine. I went in and talked to Michael Hanft. He said he could handle a Domestic Relations matter. I had a custody issue for my daughter Brittany. I had a support issue for my daughter Brittany, in loco parentis custody issue with her brother Donovan. I had a civil complaint I had filed against Brittany's mother that Mr. Knight handled. And then Miss Wetzel had a PFA against me, and I was charged with contempt five different times, and Mr. Hanft handled those. Q Do you have any complaints on the representation for the civil complaint against the mother? A In that I was charged $1,800.00, and all Mr. Knight ever did was continue it. Mr. Knight's position was we would continue to continue the civil complaint, that it would get worked out in the support issue, and it never got worked out. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By the time we finally did go to District Justice Correal, they had withdrawn from representing me. I had to go on my own, and there was a bill for $1,800.00, and all they did was file continuances. I think we met once, once maybe twice about it. Q Okay. How about the custody against Brittany? A In the custody issue with Brittany, I had specifically one issue in particular -- I had specific issues that I wanted Michael to address. Judge Hess handled the custody order, and the judge found no issues whatsoever that I should -- we already had a custody order in place. The Judge felt no need to change the custody order. He made changes in the times that we were spending, and one of the things I had constantly talked to Mike about is I did not want the three day weekend to change. The judge made some changes, not that anybody asked for them. He made the changes anyhow. Q Did it go to a hearing? A Yes, we went to a hearing in front of Judge Hess. Q And you were which party, plaintiff or defendant? A Listed as -- Q Moving party or non-moving party? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I was the non-moving party, right. Q She had brought this custody matter against you? A Correct. But on the docket I'm listed as the plaintiff. I had filed the issue to pursue the custody order. Q How about the support matter? A The support matter with Brittany is probably the worst of all of this. In the support matter with Brittany, before we went to the first hearing, Mr. Hanft had said to me that the only thing that was important in this support matter -- well, at the first hearing it didn't make any difference, that Amy Ickes, the hearing officer, didn't really have anything to say about this, that we were ready to go to Mr. Rundle. So we went into the first hearing. We didn't have an initial conference before we WE~nt. Mr. Hanft showed up 15 minutes late. They had to actually call him to make sure that he remembered to be there. ~ie went into the hearing, didn't have any evidence prepared. I walked out of there, and they found that I made $42,000.00 a year, which I've never made, and put a support order against me for $605.00. From that point he filed for a hearing de novo. We went to the hearing de novo, and I have lots of 12 1 evidence to present to all of these things actually. When 2 we went to the hearing de novo, I had said to Mike you need 3 to subpoena the mother's payroll records from her employer. 4 One of the issues at the time was whether the 5 mileage reimbursement she was receiving was income for 6 support or not. Amy Ickes had found that it wasn't. 7 In order to find out how she got paid and 8 what she actually got paid, we needed those records from 9 Shelly Moving and Storage. Michael claimed he sent a 10 subpoena to Shelly Moving and Storage. 11 The day we went to the hearing de novo there 12 were no pay records there. Miss Wetzel didn't have her 13 W-2's and didn't have her tax return. And although Michael 14 spoke to the fact that these things were supposed to be 15 there, he did not ask for a continuance nor took any other 16 action to get those records in. 17 They found against me again and in judge 18 and when we filed exceptions to that decision to Mike 19 Rundle, Judge Oler specifically speaks to the fact that Mike 20 didn't preserve my rights on the exceptions because of the 21 lack of the subpoena evidence. He didn't send a return 22 receipt, whatever needed to be done, so there was proof that 23 he had subpoenaed the documents. 24 MR. KNIGHT: Your Honor, may I object? 25 THE COURT: You want to object? 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KNIGHT: Yes, Your Honor. Mr. Schilling is pro se, and so he's entitled to some latitude. I wonder whether you have the jurisdiction to hear what is in essence a complaint about whether malpractice had been committed. THE COURT: This isn't malpractice. This is contesting the fee on the basis that the services rendered were not competently rendered. He is contesting the fee, not malpractice. MR. KNIGHT: Well, and I'm not encouraging him to go there, Your Honor, believe me. I'm not encouraging that. But the question remains -- the client is dissatisfied, obviously he's dissatisfied, but what competent evidence is there of that dissatisfaction if he testifies to it? THE COURT: We will find out. I will let him put his case in, and I will take it from there. BY THE COURT: Q What do you do for a living, sir? A I own a company called Let's Move It, Incorporated. Q What do you do for them? A I'm the president/owner, president. Q What does the company do? Move what? A We load rental trucks. Q Continue. 14 1 A I think we were to the exception to Judge 2 Oler. Judge Oler -- I have his opinion in my evidence that 3 I have to present. Judge Oler's opinion came back saying 4 Michael didn't preserve our rights in this case. 5 Michael then sent me a letter asking if I 6 wanted to appeal to Judge Oler's decision. I e-mailed him 7 back, and I have a copy of the letter and a copy of the 8 e-mail. I e-mailed him back and said" yes, this is what 9 we -- this is what needs to be done, and he didn't file that 10 appeal. 11 I am still in litigation today two years 12 later doing all of this stuff pro se myself, thousands and 13 thousands of hours of work, trying to get this resolved. I 14 finally managed to get testimony from Miss Wetzel in this 15 last hearing to go back and try to retroactively change the 16 first order. And when I say I mean, thousands of hours 17 that I have studied the law, read the case law, read the 18 statute law. 19 On the support side he just -- I don't know 20 whether to say he just didn't know what he was doing or just 21 didn't take it seriously, I think from the get-go walking in 22 and having no conference before the first hearing. He 23 didn't even ask me about my income or her income, and 24 immediately they put out a support order against me. 25 By the time we got to the hearing -- the 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first hearing de novo they took my income tax return for $2,700.00 and then made me pay another $500.00 after that. They put a charge off of my Credit Bureau that raised my interest rates on $40,000.00 worth of credit card debt from 3 percent to 25 percent. Financially it has devastated me for the past three years just in that part of it, not in the paying support part of it, although taking the $3,000.00 hurt Q Wait a minute. I have to hear -- you are contesting this fee charged to you for these services on the basis that he did not do a competent job? Is that the allegation? A Yeah. Yes, he didn't do a competent job. He didn't file the things he was supposed to file. He didn't talk to me about it before we went to a hearing. He misrepresented some of the things that were going on. Like I said, he told me the first hearing didn't make any difference. He ended up 15 minutes late to the first hearing, walked in there and finally I walked out having to pay support with my income wrong and her income wrong, not even close. Q How about the custody of the other child? A The custody of Donovan we filed in loco parentis, went to a conciliator, and I was not I was not in -- I did not go into the conciliation and neither did 16 1 Miss Wetzel at the time, just Greg Cutler and Mr. Hanft. 2 Mr. Hanft came out of the hearing telling me 3 the conciliator would have granted me custody then a week on 4 and a week off but that Miss Wetzel had filed a preliminary 5 objection. Judge Hess then ordered a rule to show cause, 6 and we had ten days to respond to that. 7 This happened in December of 2002, I think, 8 and I have documentation of this. And I at that time didn't 9 know what a rule to show cause was. I actually didn't even 10 know it existed. I just kept e-mailing Michael, what's up 11 with this, what's up with this? Michael said it's going to 12 be handled, it's going to be handled. 13 In that case also when he served -- when he 14 wrote up his petition for custody of Donovan, he did not 15 serve the biological father, and he was required to do that 16 by the rules of civil procedure. So he made an error in the 17 law there, but he said he would take care of it, said he 18 would get the address for Tim, file the thing to Tim, get 19 this all squared away. 20 I want to say it's in May I ran into Judge 21 Hess, and this was December we had this conciliation. In 22 May I ran into Judge Hess at the gas station and just was 23 there with my daughter. I said, excuse me, could you tell 24 me do you have any idea what's happening with my case with 25 Donovan, and he said check with the secretary. 17 1 So I called his secretary. His secretary 2 told me Mike never responded to the rule to show cause. 3 There was no evidence of anything. He didn't respond to the 4 preliminary objections. 5 I immediately then e-mailed both Greg -- and 6 by this time that I was having a problem with Michael I was 7 also e-mailingGreg and saying, hey, this isn't right, 8 something's wrong. I need some help. I need some help. I 9 need some help. Greg's position kept on being Mike was 10 doing a good job. 11 I was in a position where I couldn't afford 12 to go anyplace else. I didn't have -- I talked to another 13 attorney. They wanted a $5,000.00 retainer that I didn't 14 have. 15 So I checked with the secretary. The 16 secretary said that there had been no responsive preliminary 17 objections. I e-mailed Mike and Greg both. Mike insisted 18 that he had these done. I have a copy of the record. 19 There's never been a response to the rule to show cause. 20 That was two years ago. 21 The additional difficulty to me in that case 22 ends up being that two years later down the road I'm either 23 going to have to come up with $5,000.00 for another attorney 24 or handle this myself two years down the road trying to file 25 for in loco parentis which will be incredibly difficult. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Was this $7,093.64 the total bill or was that part of the bill? That's part of the bill. I paid them A $3,900.00. Q right? A Q A Q A And the $7,093.00 is the balance of the bill, Correct. Is that right? Yes, sir. Do you believe you owe any of it? No. I think the $4,000.00 that I paid should have covered the work. I've had to -- I went back and filed the petition for modification on support myself and have been handling that. I filed a petition for modification on custody and it was easy as -- to get the three day weekends changed, and it was easy as walking into the conciliator's office and to say I wanted a change and it was done. I did that myself. There was another issue on the support side. Q How many documents do you have that you want to admit? A A lot. THE COURT: Recess. When they are all marked, I will come in and take them. (Whereupon, a brief recess was taken.) 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, Defendant's Exhibits 1 through 7 were marked for identification.) THE COURT: Do you have copies for him? THE WITNESS: Yes, sir. MR. KNIGHT: All except one, Your Honor, but that's okay. I agreed to get a copy at a later date on one of the seven exhibits. THE COURT: Go ahead. THE WITNESS: Talk about these? THE COURT: Yes. Tell me what they are. THE WITNESS: Defendant's Exhibit No.1 is a copy of the letter I wrote to the Disciplinary Review Board concerning this matter. I filed a complaint against Hanft and Knight at the time, and the following week Michael took his life. THE COURT: Any objection? MR. KNIGHT: Your Honor, I don't think we've ever seen this letter, I haven't. I accept his representations that that's what he sent to somebody, but I don't even see an addressee on this Exhibit No.1. THE COURT: You have no objection to the admission here? MR. KNIGHT: THE COURT: THE WITNESS: No, Your Honor. It is admitted. Defendant's No.2 is a copy of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the record and other e-mails concerning -- or other information concerning the issue with Donovan and his custody. That was the in loco parentis. In there are the initial filings by Michael, the order of the court, the objections filed by Mr. Cutler, the judge's order of court coming back after the conciliator's hearing, the conciliator's summary report, and then numerous e-mails from me to Mr. Hanft actually at the time. One of the problems we were having at the time was Michael couldn't get an address to serve the father, and the father had worked at Dickinson College. So I contacted Dickinson College myself, called Human Resources. They informed me that they, in fact, would give Michael the address of Tim if he just called in there. So I e-mailed that back to Michael, a copy of that e-mail -- sent the -- a copy of the e-mail, send the telephone number back to Michael so he could call. THE COURT: MR. KNIGHT: THE COURT: THE WITNESS: Any objection? No, Your Honor. Admitted. Two is admitted. Defendant's three is numerous e-mails that I had sent to Mike about some of the contingence during the custody hearing, custody procedure, and the times when the mother was in contempt and didn't 21 1 bring my daughter back, wouldn't let me talk to my daughter, 2 wouldn't have my daughter call. 3 And I kept on saying to Mr. Hanft, please, we 4 need to file a contempt to stop this, to stop this, to stop 5 6 7 8 9 10 one of the contempt hearings that we went to. This would 11 have been the first time I was found in contempt and my 12 issue -- this was the first time they found me in contempt, 13 and in that case Corporal Kenny Johnson of the Middlesex 14 Township Police Department had filed this complaint against 15 me, and we found later on that Kenny .Johnson had been dating 16 Miss Wetzel and now is her husband. 17 THE COURT: Any objection? 18 MR. KNIGHT: No, Your Honor. 19 THE COURT: Admitted. 20 THE WITNESS: Defendant's No.5 is almost all 21 of the documentation I tried to present concerning the 22 support issue, one of the issues I had forgot to raise 23 earlier about the support, so I went to a hearing for 24 modification that Mr. Hanft attended ,l'ith me. 25 He showed up with his -- I don't know the this, and he never did. That's Defendant's No. 3. THE COURT: Any objection? MR. KNIGHT: No, Your Honor. THE COURT: Admitted. THE WITNESS: Defendant's No. 4 is a copy of 22 1 gentleman's name. They had a new partner or associate that 2 had come into the firm that showed up at the hearing that 3 day. 4 Coming out of that hearing Amy Ickes issued 5 an order that was illegal. She found my income -- she 6 actually found my income -- finally found my income to be 7 less than the plaintiff's in the case, and we have 50/50 8 custody. The statute strictly says that I should not have 9 been paying support at the time, and Mr. Hanft didn't 10 contact me, didn't contact Domestic Relations, did nothing. 11 I ended up filing the appeal to that motion 12 at that time, but it concerns that it has Judge Oler's 13 ruling and then Mike's exceptions to Judge Oler's ruling, 14 all of the things concerning the support side. 15 THE COURT: Any objection? 16 MR. KNIGHT: No, Your Honor. 17 THE COURT: Admitted. 18 THE WITNESS: Defendant's No.6 is just the 19 listings of some of the issues that I had. 20 THE COURT: Any objection? 21 MR. KNIGHT: No, Your Honor. 22 THE COURT: Admitted. 23 THE WITNESS: And then number seven are 24 e-mails that I sent back and forth between Mr. Knight and I 25 about the bill. 23 1 THE COURT: Any objection? 2 MR. KNIGHT: No, Your Honor, but -- well, Mr. 3 Schilling has opened the door to a lot of things, but no 4 objection. 5 THE COURT: Admitted. Any further testimony? 6 THE WITNESS: No. Aga.in, just that the 7 representation just in retrospect now that I have read 8 the law, although it was frustrating at the time not knowing 9 the law thinking this isn't right as things proceeded, as 10 I've gone back in the law he just made lots of legal 11 mistakes along the way and the legal mistakes ended up 12 probably ended up costing me custody of my son, thousands of 13 dollars, and I am still in litigation today doing this 14 myself. 15 I don't have the funds to hire another 16 attorney. I have talked to plenty of attorneys. I don't 17 have the extra 3 or $5,000.00 to let somebody else do it. 18 It's just -- it's been a nightmare. It seems that it could 19 have very simply been done correctly from the beginning. 20 THE COURT: Cross-examine. 21 CROSS EXAMINATION 22 BY MR. KNIGHT: 23 Q Mr. Schilling, Mr. Hanft was not the first 24 attorney representing you for these matters, was he? 25 A That's correct. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How many other attorneys? A One. Q Who? A Carol Lindsay. Q And you fired Ms. Lindsay, and now you're objecting to the quality of the representation for the person you hired after you fired your first attorney, is that correct? A Yes. The issue I had with Q Just answer the question. THE COURT: Next question. BY MR. KNIGHT: Q Did you object to the quality of the representation from the first attorney? A Not as far as -- there was no support issue at the time, and not as far as custody was concerned, no. Q Weren't you extremely upset with the legal advice she gave you about the PFA? A Yes. Q So by the time -- A But I had no objections at all to her handling of the custody. She was very good at the custody side. Carol Lindsay proceeds caring about the children not about the parents. THE COURT: You have answered the question. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next question. BY MR. KNIGHT: Q Didn't you have a balance due to Carol Lindsay when you came to our office? A Yes. Q Did you ever pay it? A No, and they have not pursued me for it. Q You never paid it? A No, but they have not pursued me for it. Q That was the answer to the question, you never paid it. The D.J. matter, you testified that you were billed $1,800.00 and all the firm did was file for continuances? A That's correct. Q Did you read this document you say you saw before showing the time entries? A I looked at the total. I didn't look Q Did you look at the specific entries? A No. Q If you did, and it's already been admitted, you would find do you remember we had this conversation about the jurisdiction of the District Justice? At that point it was a District Justice. The name's been Changed. Do you remember that conversation? A I think we -- you and I probably had, I 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think, two conversations in your conference room, yes. Q I'll bet if you read this you'll find there were a heck of a lot more than two -- THE COURT: Well, he has answered what his recollection is. Next question. BY MR. KNIGHT: Q Do you recall going to Mrs. Correal's office for a hearing? A Yes. Q You said there were no hearings. You said all I did was file for continuances. Are you amending your previous answer? A No. Justice Correal. you? I went to a hearing in front of District Are you asking me if I remember going with Yes. Q A believe you. saying that. Q Have you spent the time, Mr. Schilling, to go through these itemized time sheets to object to any specific Not offhand, no. But if you say we went I I'm not going to question the fact that you're entries? A No, because I have no 'Way of knowing exactly what day I talked to you nor how much time I spent talking to you nor when you talked to Michael or don't talk to 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Michael or e-mail Michael or look at e-mails. I looked briefly at your bill, yes, at your itemization. There's no possible way I could tell whether it's right or wrong, none. Q No possible way? A No. Q Did you ever raise an objection when you started getting invoices? A Many times. Q Yeah. You started get.ting them every month, isn't that correct? A I don't know. Q You don't recall whether you got them monthly or not? A No. Q Check the entries. You'll see you got monthly invoices each and every month. A The first position I would take in that case is your entries don't show that I ever got anything mailed to me. It just shows you put it in your computer. Q Do you recall getting invoices? A No. Q Mr. Schilling, as part of the matters that you've talked about and you've raised in 1 through 7, defendant's exhibits, is there anything in t.here about. the 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wiretap case that was filed against you and your subsequent conviction? A No. I don't know what: that would have to do with this. Q Wasn't that wiretap conviction for wiretapping Miss Wetzel's house? A Yes. And, again, if ~1r. Hanft had represented me in that case and I thought he had done a poor job then I would have said something about that. Q In fact, you were not represented by the firm for that? A No. Q Have you paid that attorney? A No. And also I -- Q Now, in your exhibits here, Mr. Schilling, one of them here, you talk about the e-mails to me. And, in fact, you called or e-mailed me many times, and didn't you every single time get a response from me? A Yes, I believe so, yes. Q And didn't you in those responses -- don't you in those responses remember me telling you that I've talked to Mr. Hanft and here's what the issues are, if you want to do your legal research do your legal research, but here's where the case law is on these points? Do you remember those conversations? 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. As a matter of fact, you told me -- my recollection of my conversations always with you was you felt Michael was doing the right thing. You're not a Domestic Relations' lawyer. Q That is correct. Don't you recall me telling you I've spoken to my partner, and here's what the case law is on this matter? Don't you recall that? A No. Your conversations with me and the e-mails would show that you've talked to your partner and your partner -- you believe your partner's doing the right thing, and the e-mails show that. I read through some of the e-mails again today. Q Exactly. Didn't you, in fact, have after almost everyone of those a conversation with Mr. Hanft? A I think most of the time Michael and I probably talked through e-mail. Q Now, didn't you agree to pay all of this money by way of a payment plan about a year and a half ago? A Actually the agreement that we have and there's a copy well, I want to say it's a copy of an e-mail. I have a copy of the letter that you actually wrote to me. My position at the time was I would pay you $200.00 a month until the end of the appeal process through Mike Rundle. Q How many payments did you make? 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Two, I believe, and I am still -- Q What was the agreement:? Were you supposed to pay more than two payments? A I agreed to pay $200.00 a month until the end of the appeal process. Q Has the appeal process ended? A No. And that appeal process now is two years old. MR. KNIGHT: No further questions, Your Honor. THE COURT: Anything further, sir? THE WITNESS: No. The fact that I agreed to pay $200.00 a month to Mr. Knight at the time was before the appeal process was dragging out for two years. And Mr. Knight is well aware that I had the intention of filing a countersuit against them for malpractice but haven't had the time to deal with it. THE COURT: You may step down. Do you have anything further? MR. KNIGHT: THE COURT: No, Your Honor, I do not. The record is closed. Tell me off the record what your position is. (Whereupon, argument was held off the record. ) THE COURT: I will take it under advisement. 31 1 Court is adjourned. 2 (Whereupon, the hearing was concluded 3 at 2:35 p.m.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 1 2 3 4 5 6 7 8 9 10 11 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ~~~ Official Court Reporter 12 The foregoing record of the proceedings on 13 the hearing of 14 directed to be 15 16 17 18 19 20 21 22 23 24 25 j 33 . - ".-. 1 : :? f, d 1/1 I, ", -, ,-:' . !''-,,, w,l..IV ....'.r ""7 !:: ~i..J~ Ad/l :]11 ;:lO ;J)bOG3iU Hanft & Knight, PC IN THE SUPERIOR COURT Of PENNSYLVANIA v. (C.P. Cumberland County No. 2004-3821) No. 967 MDA lQQ~ Filed: July ~ .2005 Craig Schilling ORDER This appeal has been taken by defendant below from the May 10, 2005 nonjury verdict in favor of plaintiff below. Pa.R.C.P. 227.1(c)(2) states: "Post-trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision in the case of a trial without jury." Pa.R.A.P. 302(a) states: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." See also Chalkey v. Rou~;h, 80S A.2d 491 CPa. 2002) (parties are required to file post-trial motions following a trial in law or equity to preserve issues for appeal); Ltfme Enterprises, Inc. v. L.B. Foster Co., 710 A.2d 54 (pa. 1998) (Pa.R.C.P. 227.1 requires parties to file post-trial motions to preserve issues for appeal; if an issue has not been raised in a post-trial motion, it is waived for appeal purposes). Accordingly, as post-trial motions were not filed below, the appeal at No. 967 MDA 2005 is hereby DISMISSED. Per Curiam TRUB COPY FROM RECORD ___Al:test: .JUL 282005 f.-tf}~/ Deputy PIothoooCary Super!Of Court d PA - Middle Dlstdct Hanft & Knigh!, PC IN THE SUPERIOR COURT OF PENNSYLVANIA v. (C.P. Cumberland County No. 2004-3821) No. 967 MDA1P.Q~ Filed: Julv ~ .2005 Craig Schilling ORDER This appeal has been taken by defendant below from the May 10, 2005 nonjury verdict in favor of plaintiff below. Pa.R.C.P. 227.1(c)(2) states: "Post-trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision in the case of a trial without jury." Pa.R.A.P. 302(a) states: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." See also Chalkey v. Roush, 805 A.2d 491 (pa. 2002) (parties are required to file post-trial motions following a trial in law or equity to preserve issues for appeal); Lane Enterprises, Inc. v. L.B. Foster Co., 710 A.2d 54 (Pa. 1998) (Pa.R.C.P. 227.1 requires parties to file post-trial motions to preserve issues for appeal; if an issue has not been raised in a post-trial motion, it is waived for appeal purposes). Accordingly, as post-trial motions were not filed below, the appeal at No. 967 MDA 2005 is hereby DISMISSED. Per Curiam TRUE COPY FROM RECORD Attest: ~p 06 200.5 Y~tl.tJ~ Deputy Prothonotary Superior Court of PA - Middle District C-) -'-h C:~:. o c ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ) Confessed Judgment (x) Other File No, 2004-:J821 (967 MDA 2005 - Superior ct.) Amount Due 7,093.64 Interest 6% per year Atty's Comm n/a Costs Caption: Hanft & Knight, P.C., Plaintiff vs. Craig Schilling, Defendant TO THE PROTHONOTARY OFTHE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All household goods and personal prop€rtv at 6 r",rdi=] [)rivF>. r.rtrli..lp, Pptmc:y"",nb and l€t's Move It, Inc., at 1071 Harrisburg Pike, Carlisle, Pennsylvania PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date '70 ~~~ UJC'5 Signature: Print Name: Address: ~)~ f{. Fj'W- ~ f-J. 'CIA'5~ II MW~; Wi II-L t7lJ.ik B {:atl/,;/e. \ e~~~'7{tJ4't,'q (feJf3 Y I D<v. .k(f- 1-('7-. 7-4-9. >3:;' 3 ~ Dt :2-2-- Attorney for: Telephone: Supreme Court ID No.: (over) y ,- -r ~ ~ l o ~'\l - G- -0 \>.J ~ -.....c - () G ~ Vi t ~ .(a. -4 :- V1 () o 0' w "-> -r:::.. r~ ~ - - V1 R.J V1 :0 ' . . . 0- D trl V\ ~ \; C- O C 'v I ') I (J-:-L/ \ C' ?- - ': :: ~ :::t::> - tJ:;J .f.:- - _:/-,<-. - -'1-1 ( . ----t.... ,'. N q, "'" 'iJ. :?. _I) o ("\'f::. <.-""> _ P_' -~ :;';0 , ;-~),C~ ~~ .::\~.-\ --,~ (-:~ l\ - -~ <~ r"\ >;J\ \...0-:) S'o ." ~:<: - .....l WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-3821 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HANFT & KNIGHT, P.c., Plaintiff (s) From CRAIG SCHILLING, 6 CARDINAL DRIVE, CARLISLE, P A (1) You are directed to levy upon the property of the defendant (s)and to sell ALL HOUSEHOLD GOODS AND PERSONAL PROPERTY AT 6 CARDINAL DRIVE, CARLISLE, PA AND LET'S MOVE IT, INC., AT 1071 HARRISBURG PIKE, CARLISLE, PA . (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $7,093.64 Interest 6% PER YEAR Atty's Conun % Atty Paid $41.50 Plaintiff Paid Date: OCTOBER 4, 2005 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name GREGORY H. KNIGHT, ESQUIRE Address: 11 ROADWAY DRIVE, SUITE B CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-5373 Supreme Court ID No. 30622 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFT & KNIGHT, p,c. Plaintiff No. 04-3821 CIVIL TERM v. CRAIG SCHILLING, Defendant PRAECIPE FOR ENTRY OF JUDGMENT ON VERDICT To The Prothonotary: Please enter judgment in favor ofthe plaintiff and against the defendant for $7,093.64 plus legal interest of 6% per annum on the verdict entered May 10, 2005 by the Honorable Edgar B. Bayley. No timely posttrial motions were filed. Defendant's appeal to the Superior Court was dismissed on July 28,2005, and no further appeals have been filed. Copies of the May 10, 2005 Order and of the July 28, 2005 Order of the Superior Court are attached hereto. KNIGHT & ASSOCIATES, P,C. ~~;~t,'~~ I.t-- Attorney LD. No, 30622 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFT & KNIGHT, P,C. Plaintiff No. 04-3821 CIVIL TERM v. CRAIG SCHILLING, Defendant NOTICE OF ENTRY OF JUDGMENT TO: Craig Schilling 6 Cardinal Drive Carlisle, Pennsylvania 17013 Pursuant to Rule 236, you are hereby notified that a judgment has been entered on the verdict in the above-entitled proceeding. Date: /1 (~~'tf,k' Prothonotary .,/,0-1 d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANFT & KNIGHT, P,C. Plaintiff No. 04-3821 CIVIL TERM v. CRAIG SCHILLING, Defendant CERTIFICATE OF SERVICE AND NOW, this 2..9" day of September, 2005, I, Gregory H. Knight, Esquire, hereby certify that I have this day served a copy of the foregoing Praecipe for Entry of Judgment on Verdict and Notice of Entry of Judgment by certified, return receipt requested delivery and by first class, United States Mail, postage pre-paid, upon the following person: Craig Schilling 6 Cardinal Drive Carlisle, Pennsylvania 17013 KNIGHT & ASSOCIATES, P.C. C:~:.J"~~ ~;::-itJ- Attorney J.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff HANFT & KNIGHT, P.C., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG SCHILLING, DEFENDANT 04-3821 CIVIL TERM a.tJJL<:/ r;{ ( 'YI <7J VERDICT AND NOW, this --1 O.t.-day of May, 2005, I find in favor of plaintiff, Hanft & Knight, P,C. and award plaintiff damages against defendant Craig Schilling in the amount of $7,093.64 plus legal interest of 6% per annum. The interest shall run as follows: from June 5, 2003 on $1,724; June 17, 2003 on $1,138; November 4,2003 on $1,776; April 21 ,2004 on $733; and May 5, 2004 on $1,722.64. ,-:. ./- _.--'--~--, By the Court, Gregory H. Knight, Esquire For Plaintiff Craig Schilling, Pro se 6 Cardinal Drive Carlisle, PA 17013 Court Administrator :sal '~ /" / HANFT & KNIGHT, P.C., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, CRAIG SCHilLING, DEFENDANT 04-3821 CIVil TERM IN RE: OPINION AND VERDICT Bayley, J., May 10, 2005:-- Defendant, Craig Schilling, retained the law firm of Hanft & Knight, P.C., for legal services regarding, (1) general business matters, (2) a custody case, (3) a support case, (4) a protection from abuse case, and (5) a case before a District Justice. Hanft & Knight, P.C. billed plaintiff at its usual rates which defendant agreed to pay. The total billings were $10,993.64, of which defendant paid $3,900. The balance owed is $7,093.64 which defendant has refused to pay. Defendant is dissatisfied with the services rendered and the results obtained on all matters. Through his testimony and documents he provided the sole evidence which he claims shows that the legal services were below the professional standard required, Defendant maintains that this obviates his responsibility to pay the balance due. We are unable on the record made by defendant to conclude that the services rendered by Hanft & Knight, P,C, fell below a professional standard, or were not reasonable such that would warrant relieving defendant from a responsibility to pay. VERDICT , AND NOW, this (to day of May, 2005, I find in favor,of plaintiff, Hanft & Knight, P.C. and award plaintiff damages against defendant Craig Schilling in the amount of $7,093.64 plus legal interest of 6% per annum. The interest shall run as ,/$".-/.....- /O~-3821 CIVIL TERM follows: from June 5, 2003 on $1,724; June 17, 2003 on $1,138; November 4, 2003 on $1,776; April 21, 2004 on $733; and May 5, 2004 on $1,722,64. By the,Court, ,// / Gregory H. Knight, Esquire For Plaintiff Craig Schilling, Pro se 6 Cardinal Drive Carlisle, PA 17013 Court Administrator :sal '~ -2- ,/' /~Hanft & Knight, PC _..-~ IN THE SUPERIOR COURT OF PENNSYLVANIA v. (C.P. Cumberland County No. 2004~3821) No. 967 MDA lP'Q~ Filed: Julv ~ . 2005 0;1JL Craig Schilling ORDER This appeal has been taken by defendant below from the May 10, 2005 nonjury verdict in favor of plaintiff below. Pa.R.C.P. 227.1(c)(2) states: "Post~trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision in the case of a trial without jury." Pa.R.A.P. 302(a) states: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." See also Chalkey v. Roush, 805 A.2d 491 (pa. 2002) (parties are required to file post-trial motions following a trial in law or equity to preserve issues for appeal); Lane Enterprises, Inc. v. L.B. Foster Co., 710 A.2d 54 (pa. 1998) (Pa.R.C.P. 227.1 requires parties to file post-trial motions to preserve issues for appeal; if an issue has not been raised in a post-trial motion, it is waived for appeal purposes). Accordingly, as post-trial motions were not filed below, the appeal at No. 967 MDA 2005 is hereby DISMISSED. Per Curiam " TRUB COpy FROM RBCOlU> ___Attest: JUL282005- . f.~~/ Deputy Prothonota1y Superior Court of PA . Middle DIstrIct (":) .-os r-> 0 t "'" ;;a :-G <"'" -n ~ c.n U' .-l ?f:- t::> ...,- rl"', f\,:D C> -c r- ""'(_1 CO N ;f<'-i ~ u:> - - - ~ ~":i~"/, l0 ..,., ;:-\:'..1 ~ -"-- ,-.0 ~ W i..:. 0) ('jrl-; j ~ ~-," ::4 J0 f /- ~O ::2 - N -< it! - ~ --.Q ( --L I. \ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 141.88 .50 1.00 4.80 30.00 20.00 <:::, ...." 216.18 Pd by Defendant w "" l.., " Sworn and Subscribed to before me So Answers; r,~a/ .Jj;~Af' r "'I9~1~*",~~. .,;.(p?'"' R. Thomas Kline, S"heriff"''''..'; B9:ct~A!.''B~ak~/ :;;:::'Y~~J P OTH ARY G';.".: '- cj li- 5~i ij .fJ ~i;'n \, c TJ ..J) , JJ A?J. J ,".). (0Y '.-":.=';'"J ,(7-~ . .::,~. rir'1) WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3821 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HANFT & KNIGHT, P.c., Plaintiff (s) From CRAIG SCHILLING, 6 CARDINAL DRIVE, CARLISLE, P A (I) You are directed to levy upon the property of the defendant (s)and to sell ALL HOUSEHOLD GOODS AND PERSONAL PROPERTY AT 6 CARDINAL DRIVE, CARLISLE, PA AND LET'S MOVE IT, INC., AT 1071 HARRISBURG PIKE, CARLISLE, P A (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $7,093.64 Interest 6% PER YEAR L.L. $.50 Atty's Comm Atty Paid $41.50 Plaintiff Paid Date: OCTOBER 4,2005 % Due Prothy $1.00 Other Costs Prothonotar (Seal) By: Deputy REQUESTING PARTY: Name GREGORY H. KNIGHT, ESQUIRE Address: 11 ROADWAY DRIVE, SUITE B CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-5373 Supreme Court ID No. 30622 ,. " PLAINTIFF Gregory Knight WRIT NO. 2004-3821 Civil Hanft & Knight, P.C. -vs- Craig Schilling Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees DISTRIBUTION $ 7093.64 322,00 41.50 ~ $ 7457.14 Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postage Advertising Postpone Sale Bad Check Charge Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Co llected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 18.00 141.88 ,50 1.00 4.80 30.00 20.00 $ 7457.14 150.00 1.50 $ $ 216.18 7673.32 150,00 7823.32 $ SOAn~ er ~, ,"""""'" " .. J. :r ;.~ . '" R. Tho~as Kline, Sheriff ,/ By r JCUln07r- g~~