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HomeMy WebLinkAbout04-3850IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR and BRADLEY A. SCHUTJER, Plaintiffs, MILLER LIPSITr LLC and JAMES A. MILLER, Defendants. CIVIL ACTION - LAW/EQUITY PRAECIPE FOR WRIT OF SUMMONS Kindly issue a Writ of Summons to Defendants, Miller Lipsitt LLC and James A. Miller, in the above-captioned matter. Date ~'~[7 I O~ By Respectfully submitted, KENNEDY BOGAR LLC Chadwick O. Bogar Attorney I.D. No. 83755 (717) 909-5920 Bradley A. Schutjer Attorney I.D. No. 75954 (717) 909-5921 P.O. Box 959 Camp Hill, PA 17001-0959 Attorneys for Plaintiffs Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS CHADWICK O. BOGAR AND BRADLEY A. SCHUTJER Plaintiff Vs. MILLER LIPSITT LLC AND JAMES A. MILLER 2157 MARKET STREET CAMP HILL, PA 17011 Defendant Court of Common Pleas No. 04-3850 In CivilAction-Law To MILLER LIPSITT LLC AND JAMES A. MILLER, 2157 MARKET STREET, CAMP HILL, PA 17011 You are hereby notified that CHADWICK O. BOGAR AND BRADLEY A. SCHUTJER the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judlgnent may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date August 5, 2004 BT/'/~'°epu ty~~4~ Attorney: Name: CHADWICK O. BOGAR, ESQUIRE AND BRADELY A. SCHUTJER, ESQUIRE Address: P O BOX 959 CAMP HILL, PA 17011 Attorney for: Plaintiff Telephone: (717) 909-5921 Supreme Court ID No. 83755/7594 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR and BRADLEY A. SCHUTJER, Petitioners, MILLER LIPSITT LLC and JAMES A. MILLER, Respondents. No. 04-3850 CIVIL ACTION - LAW/EQUITY PETITION FOR CONSTRUCTIVE TRUST AND NOW, come, Petitioners, Chadwick O. Bogar, Esq. and Bradley A. Schutjer, Esq. ("Petitioners"), and file this petition for a constructive trust, and, in support thereof, represent as follows. 1. At all times material hereto, Petitioners were of counsel at the law firm of Miller Lipsitt LLC. 2. At all times material hereto, James A. Mill[er, Esq. was the managing member and majority shareholder of Miller Lipsitt LLC. 3. In September of 2004, Miller Lipsitt LLC and Robert M. Mumma II entered into a written monthly flat fee arrangement. 4. Pursuant to the terms of the flat fee arrangement referenced herein, Miller Lipsitt LLC agreed to handle all of Robert M. Mumma II's litigation matters for $16,000.00 per month. 5. Pursuant to the terms of a written compensation arrangement between Petitioners and Miller Lipsitt LLC, Miller Lipsitt LLC received 5 % of the aforementioned monthly flat fee of $16,000.00, and Petitioners the remainder, given that they were actually handling Robert M. Mumma II's litigation matters. 6. In April of 2004, James A. Miller, Esq. informed Petitioners that Miller Lipsitt had decided to no longer represent Robert M. Mumma II and, further, terminated its relationship with Petitioners effective May 1, 2004. 7. At the time of Miller Lipsitt LLC's termination of Petitioner and Robert M. Mumma II, Robert M. Mumma II owed Miller Lipsitt LLC $44,947.18. 8. Pursuant to the aforementioned compensation agreement between Miller Lipsitt LLC and Petitioners, Petitioners were owed $42,699.82 of the outstanding balance owed by Robert M. Mumma II to Miller Lipsitt LLC. 9. On or about August 1, 2004, James A. Miller, Esq. informed Petitioners that Miller Lipsitt LLC had presumably changed its mind and would continue to handle all of Robert M. Mumma II's litigation matters, demanding the return of Robert M. Mumma II's files. 10. Upon information and belief, on or about ~ttugust 1, 2004, Robert M. Mumma II placed $48,000.00 in an escrow account with Miller Lipsitt LLC as compensation for the firm to handle all of Mr. Mumrna's litigation matters for the upcoming fiscal quarter and will place another $48,000.00 in said escrow account each additional fiscal quarter that Miller Lipsitt LLC continues to represent Mr. Mumma. 11. Despite repeated requests from Petitioners, Miller Lipsitt LLC has refused to pay Petitioners for services rendered and costs advanced for its benefit and on its behalf. 13. For obvious reasons and contrary to Miller Lipsitt LLC's past practice, Miller Lipsitt LLC has refused to credit the aforementioned $48,000.00 against Robert M. Mumma, II's past due balance of which James A. Miller, Esq. would only receive 5% and, instead, has opted to credit the funds to future services rendered of which James A. Miller Esq. will receive 100%. WHEREFORE, Petitioners, Chadwick O. Bogar, Esq. and Bradley A. Schutjer, Esq., respectfully request that their petition for constructive trust be granted, and the afore-referenced $48,000.00 be placed in a constructive trust. Respectfully submitted, KENNEDY BOGAR LLC Chadwick O. Bogar ~ - Attorney I.D. No. 83755 P. O. Box 9!59 Camp Hill PA 17001-0959 (717) 909-5920 3 CERTIFICATE OF SERVIC~E The undersigned hereby certifies that on this date a true and correct copy of the foregoing Petition for Constructive following: Trust has been served via hand delivery, upon the Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 James A. Miller, Esquire Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 Dated:~ Paul B. K~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR and BRADLEY A. SCHUTJER, Plaintiffs, MILLER LIPSITT LLC and JAMES A. MILLER, Defendants. No. 04-3850 CIVIL ACTION - LAW/EQUITY PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE Kindly Withdraw the following counselors of record in the above-captioned matter: Dated: ~({Z-iOt, Dated: KENNEDY BOGAR LLC P.O. Box 959 Camp Hill, PA 17001-0959 Chadwick O. Bogar ...}3~idley A. Schuffaq Kindly Enter the appearance of the following Plaintiffs of record in the above- captioned matter: Chadwick O. Bogar, pro se Bradley A. Schutjer, pro se P.O. Box 959 Camp Hill, PA 17001-0959 Dated: Dated: Chadwick O. Bogar, pro se'''-~ j~radley A. Schutjer, pro se _CERTIFICATE OF SERVICE_ I, the undersigned, hereby certify that a true and correct copy of the foregoing document was served via United States mail, postage pre-paid, upon the following: Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 Dated:~ ~>f/~/b~] ' ,Sh;'isty ~ng,SlfaraleO1 CHADWICK O. BOGAR and BRADLEY A. SCHUTJER, Plaintiffs/Petitioners VS. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW/EQUITY NO. 04-3850 MILLER LIPSITT LLC and JAMES A. MILLER, Defendants/Respondents IN RE: PETITION FOR CONSTRUCTIVE TRUST ORDER AND NOW, this ~.o ' day of August, 2004, upon consideration of the within petition, it is hereby ordered that: 1. A role is issued upon the respondents to show cause why the petitioners are not entitled to the relief requested; 2. The respondents shall file an answer to the petition within twenty (20) days of service upon the petitioners; 3. The petition shall be decided under Pa.R.C.P- 206.7; 4. Depositions shall be completed within forty-five (45) days of this date; and 5. Hearing on any disputed issues of material fact and :argument onthe petition shall be held on Monday, October 18, 2004, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Notice of the entry of this order shall be provided to all parties by the petitioners. BY THE COURT, ~JA. Hess, J. CHADWICK O. BOGAR, and BRADLEY A. SCHUTJER, Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MILLER LIPSITT, LLC, and JAMES A. MILLER, Respondents : NO. 04-3850 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of August, 2004, upon consideration of the Petition for Constructive Trust filed in this case, and it appearing that no complaint has been filed, the petition is denied, without prejudice. BY THE COURT, esley OlerTq[~., · Chadwick O. Bogar, Esq. P.O. Box 959 Camp Hill, PA 17001-0959 Petitioner Miller Lipsitt, LLC, 2157 Market Street Camp Hill, PA 17011 James A. Miller, Esq. 2157 Market Street Camp Hill, PA 17011 Respondents :rc CHADWICK O. BOGAR, : and BRADLEY A. SCHUTJER, : Petitioners : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MILLER LIPSITT, LLC, and JAMES A. MILLER, Respondents CIVIL ACTION - LAW NO. 04-3850 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of August, 2004, upon ,consideration of the letter dated August 26, 2004, from Chadwick O. Bogar, Esq., the order of this court dated August 23, 2004, is vacated and Petitioners are directed to file a complaint in the above matter by September 1, 2004. BY THE COURT, d// esley Oler,M~bt.,- '~'~J. Chadwick O. Bogar, Esq. P.O. Box 959 Camp Hill, PA 17001-0959 Petitioner Miller Lipsitt, LLC, 2157 Market Street Camp Hill, PA 17011 James A. Miller, Esq. 2157 Market Street Camp Hill, PA 17011 Respondents VlNV^-I,~.~NN~ 69:0t NY L~ 9¢t¥ ~100~ flUG-SG-8OO~(THU) 10:58 Kennedy / 8ogar LLC (FflX)Tl? gog 5985 P. OO2/OOd Emml: cbo~)kenaedybo~ar, com · A,u~u,et: 2~i, .9.00~ ~Chad~ck O. Bo~e'.~r and Bradley_A_ Sch'u~er v.-.M~I!~' Li~;./i. LLC Docket No.: 04-3850 Wa are in receipt of your Honor's Order dated Au~st 23, 2004, regarding the Iaea/e/on for Conatru~ive Trust/Lied/n the above-~tpeioned matter. Attached please/'md, an Order d,ated August 20, 2004, f~om The Honorable Kevin A. Hess serf/n§ var/ot~ deadlines to move th/s matter to a conclusion. To comply with your Honor's Order as Well as ludge Hess', wa will gladly file a Compla/n~ by September 1, 2006. Please advise whether our proposal is aea~pmbl~ Thank you. C~adw~ck O. BoL~r CC: The Honorable K~vh~ A. Hess (w/eric.) Miller Lips/~t LLC (w/thc.) james A. Mi~e.t, P-~:luire (w/eno.) P,O. ~ g~g, t"~p ~ PA. 17001,09!~ · l~n~: t'7.1~ gOg,,~J2S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR and BRADLEY A. SCHUTJER, Plaintiffs, MILLER LIPSITT LLC and JAMES A. MILLER, Defendants. No. 04-3850 CIVIL ACTION - LAW/EQUITY PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly mark the above-captioned matter as Wi[thdrawn, Discontinued, and Settled without prejudice. By ully submitted, ~h~d~vick ~.(~_9~gar Attorney I.D. No. 83755 (717) 909-5920 Bradley A. Schutjer Attorney I.D. No. 75954 (717) 909-5921 P.O. Box 959 Camp Hill, PA 17001-0959 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing document was served via hand delivery, upon the following: Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 Dated: ~hristy ~ng, Parale~'- SHERIFF'S RETURN - CASE NO: 2004-03850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOGAR CHADWICK O ET AL VS MILLER LIPSITT LLC ET AL REGULAR VALERIE WEARY , Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 6th day of August by handing to says, the within WRIT OF SUMMONS MILLER LIPSITT LLC DEFENDANT at 1630:00 HOURS, at 2157 MARKET STREET CAMP HILL, PA 17011 SECRETARY WHO REFUSED TO GIVE NAME a true and attested copy of WRIT OF SUMMONS the , 2004 together with and at the same time directing Her attention to the contents Additional Comments SECRETARY: WHITE, LONG BROWN HAIR, 5'6", GLASSES, 140 LBS, MID 30S, REDNESS ON NOSE Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this /~ day of Prothonotary So Answers: R. Thomas Kline 08/09/2004 KENNEDY BOGAR LLC By: Deputy Sheriff thereof. SHERIFF'S RETURN CASE NO: 2004-03850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJ~ND BOGAR CHADWICK 0 ET AL VS MILLER LIPSITT LLC ET AL - REGULAR VALERIE WEARY , Cumberland County,Pennsylvania, says, the within WRIT OF SUMMONS was served upon MILLER JA~ES A DEFENDANT , at 1630:00 HOURS, on the at 2157 MARKET STREET CAMP HILL, PA 17011 by handing to SECRETARY WHO REFUSED TO GIVE HER NAME a true Sheriff or Deputy Sheriff of who being duly sworn according to 6th day of August the and attested copy of WRIT OF SUMMONS together with , 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 O0 O0 O0 O0 O0 O0 Sworn and Subscribed to before me this /~ day of ~ ~ A.D. t 'Prothonotary ' ' ' So Answers: R. Thomas Kline 08/09/2004 KENNEDY BOGAR LLC By: D~p~j Sh~e~Sff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR and BRADLEY A. SCHUTJER, Plaintiffs, MILLER LIPSITT LLC and JAMES A. MILLER, Defendants. No. 04-3850 CIVIL ACTION - LAW/EQUITY PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly mark the above-captioned matter as Withdrawn, Discontinued, and Settled with prejudice. By. Respectfully submitte~ Chadwick O. ~ - Attorney I.D. No. 83755 (717) 909-5920 Bradley A. Schutjer Attorney I.D. No. 75954 (717) 909-5921 P.O. Box 959 Camp Hill, PA 17001-0959 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing document was served via first-class, United States mail, postage prepaid, upon the following: Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 Dated: