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Home My WebLink About05-4208 F\FILES\DATAFILE\General\Current\11122.lcoml Created,JISIOJ 2:2J 29 PM Revised:8117/0511:1600AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS &, OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. DS~ 'f~o'{ ~~ CIVIL ACTION v. FRANK T. STETS and ARLIENE D. STETS, 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS &, OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. CIVIL ACTION FRANK T. STETS and ARLIENE D. STETS, Defendant COMPLAINT I. Plaintiff, Martson Deardorff Williams & Otto, a Pennsylvania Professional Corporation, has a principal office at 10 East High Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, Frank T. Stets and Arliene D. Stets, are adult individuals residing at 9 Hill Street, Mount Holly Springs, Cumberland County, Pennsylvania. COUNT I BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full below. 4. Defendants were clients of Plaintiff and orally contracted with Plaintiff to provide legal services. 5. Specifically, Defendants requested representation by Plaintiff in the defense of a Mortgage Foreclosure Action by ABN Amro Mortgage Group, Inc., that was filed in the Cumberland County Court of Common Pleas, Docket No. 04-695. 6. Plaintiff performed legal services for Defendants throughout the period of representation. 7. Plaintiff requested that the Cumberland County Court of Common Pleas grants its Praecipe to Withdrawal its appearance in the above referenced case because Defendant, among other things, failed to pay Plaintiff reasonable attorney's fees. 8. The Court granted said Praecipe on October 14,2004. 9. As of to day's date, Defendants have failed to pay Plaintiffthe remaining balance on Defendants' invoice for the legal services performed. 10. Defendants owe Plaintiff a total of$3,01O.53 in legal fees and costs. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of$3,01 0.53, plus costs of suit and interest. COUNT II IN QUANTUM MERUIT 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in full. 12. Because Plaintiff performed legal services for and on behalf of Defendants, to the benefit of Defendants, Defendants became liable to Plaintiff for said money. 13. Defendants were unjustly emiched by accepting said service without paying Plaintiff reasonable compensation therefor. 14. The total amount by which Defendants have become emiched is $3,010.53. WHEREFORE, Plaintiff demands judgment against Defendants in the amount 00,010.53, plus costs of suit and interest. MARTSON DEARDORFF WILLIAMS & OTTO By cS&rfIte, ~q::- 1. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 17, 2005 Attorneys for Plaintiff VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. (taro Carl C. Risch, Esquire Dated: August 17,2005 F:\FlLES\DA T AF1LIolGeneral\Curren\\\ 1122 1 com I -t:;, ~ ~(\ ..lZ\ 0\ - U\ - V, l1' ~ \ .J \ G " c:,() ~ C: ~~ <'. r-> = c..? oJ' ;>-- c: G-) ~ :1 \-I"\~ -ci;r.; _ .n'- -J -'-':~ ~~; ".-1'1 -0 rJ-;'-::'") _ ':.7.,>'" ...P- Ol" - ::-\ 00 "'\''''' -."1 "')J ,- :..:; o o f\F1LES\[)A T AfILE\General\Currenl\ \ I 122. I com I Crealed31S1032:2329PM Revised: 916105 jl:13:26AM Christopher E. Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS &, OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05-4208 CIVIL TERM CIVIL ACTION FRANK T. STETS and ARLIENE D. STETS, 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 b(: 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701.3 Telephone (717) 249-3166 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS &, OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05-4208 CIVIL TERM CIVIL ACTION FRANK T. STETS and ARLIENE D. STETS, Defendant FIRST AMENDED COMPLAINT I. Plaintiff, Martson Deardorff Williams & Otto, a Pennsylvania Professional Corporation, has a principal office at 10 East High Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, Frank T. Stets and Arliene D. Stets, are adult individuals residing at 502 North College Street, Carlisle, Cumberland County, Pennsylvartia. COUNT I BREACH OF CONTRACT 3. Paragraphs I through 2 are incorporated herein by reference as if set forth in full below. 4. Defendants were clients of Plaintiff and orally contracted with Plaintiff to provide legal services. 5. Specifically, Defendants requested representation by Plaintiff in the defense of a Mortgage Foreclosure Action by ABN Amro Mortgage Group, Inc., that was filed in the Cumberland County Court of Common Pleas, Docket No. 04-695. 6. Plaintiff performed legal services for Defendants throughout the period of representation. 7. Plaintiff requested that the Cumberland County Court of Common Pleas grants its Praecipe to Withdrawal its appearance in the above referenced case because Defendant, among other things, failed to pay Plaintiff reasonable attorney's fees. 8. The Court granted said Praecipe on October 14,20104. 9. As of to day's date, Defendants have failed to pay Plaintiff the remaining balance on Defendants' invoice for the legal services performed. 10. Defendants owe Plaintiff a total of$3,010.53 in legal fees and costs. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of$3,01 0.53, plus costs of suit and interest. COUNT II IN QUANTUM MERUIT 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in full. 12. Because Plaintiff performed legal services for and on behalf of Defendants, to the benefit of Defendants, Defendants became liable to Plaintiff for said money. 13. Defendants were unjustly enriched by accepting sajd service without paying Plaintiff reasonable compensation therefor. 14. The total amount by which Defendants have become enriched is $3,010.53. WHEREFORE, Plaintiff demands judgment against Def<endants in the amount of3,01 0.53, plus costs of suit and interest. MARTSON DEARDORFF WILLIAMS & OTTO By UJ..~ ? f? Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 6, 2005 Attorneys for Plaintiff VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. [{JJW Carl C. Risch, Esquire Dated: September 6, 2005 F:\FILES\OA T AFlLE\General\Current\11122, [,com! .",1.,., r "'" <C'"J c..~") c..;""t o -n -t :r:" rTI- r--:- -Grr~ ~nt~ ,'\ T .'.:J ~'\:: ':?Z"~ :'~)(n .~ ~~ 'il C/? 1"1 --..") 1 en ~~ c..) Cj, TINA LOUISE WHITSELL filing on behalf of her minor children, Abigale Louise Whitsell, Hannah Louise Whitsell, Alexander Harris Whitsell, and Michael Leon Whitsell, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DONALD LEON WHITSELL, CIVIL ACTION - LAW Defendant NO. 05-4346 CIVIL TERM IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 31st day of AuguE:t, 2005, we enter the following order: 1. Upon agreement of the parties, the hearing in this matter is hereby continued for a period of six months. 2. The temporary order issued on August 24th, 2005, will remain in effect for the duration of the continuance. 3. The parties agree that they will each attend and complete anger management counseling through individual programs. 4. Upon completion of the individual anger management program, the parties will reconvene with respective counsel to determine whether this matter should be withdrawn or whether the parties wish to request a hearing date. 5. The parties agree to refrain from making desparaging or alienating remarks about each other in the presence of the children with the hope that this provision will assist the parties in reaching the ultimate goal of effectively resolving this matter. '\.LNn'~i~ ,-, "-",""1'" '-:"lIiJ 1] I : II ~N 9-- d~iS soaz AtNIO:Xki,..cUd 3H1 :10 ::n:~'O-(EIlH ~ssica Diamondstone, Esquire For the Plaintiffs ~ ~than C. Wolf, Esquire For the Defendant :lfh By the Court, ,/74.' ~~ OC! -O~.Q5 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04208 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARTSON DEARDORF WILLIAMS & OT VS STETS FRANK T ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STETS FRANK T but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , STETS FRANK T 9 HILL STREET MOUNT HOLLY SPRINGS, PA PER POST OFFICE, DEFENDANT'S ADDRESS IS PO BOX 101 ASPERS, PA 17704 Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 5.60 5,00 10,00 .00 38,60 ~~~~~:_"c,,-. R, Thomas Kline Sheriff of Cumberland County -, MDW&O 08/30/2005 Sworn and subscribed to before me this 2{ day of 51,,4 b..24" SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04208 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARTS ON DEARDORF WILLIAMS & OT VS STETS FRANK T ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STETS ARLIENE D but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , STETS ARLIENE D 9 HILL STREET MOUNT HOLLY SPRINGS, PA PER POST OFFICE, DEFENDANT'S ADDRESS IS PO BOX 101 ASPERS, PA 17704 Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5,00 10,00 .00 21.00 So answers: ,,/~, __ _-" ,~-.::2~~e'---~~;_:.~~ --- ~./--~ ---~Z.__---~~~'- R, Thomas Kline Sheriff of Cumberland County >'" MDW&O 08/30/2005 Sworn and subscribed to before me this J.-l day of Sp1~bM- ~r~.' . pro~o'~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-04208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTSON DEARDORF WILLIAMS & OT VS STETS FRANK T ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STETS FRANK T the DEFENDANT " , at 1515:00 HOURS, on the 8th day of September, 2005 at 502 NORTH COLLEGE STREET CARLISLE, PA 17013 by handing to LINDA JEFFRIES, SISTER IN LAW ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.00 .37 10,00 .00 32,37 .~f;tt:~'C';6t:4~<J> R, Thomas Kline 09/09/2005 MDW&O A,D. Sworn and Subscribed to before By: me this ;). ( day of SHERIFF'S RETURN - REGULAR CASE NO: 2005-04208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTSON DEARDORF WILLIAMS & OT VS STETS FRANK T ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STETS ARLIENE D the DEFENDANT at 1515:00 HOURS, on the 8th day of September, 2005 at 502 NORTH COLLEGE STREET CARLISLE, PA 17013 by handing to LINDA JEFFREIS, SISTER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 ,00 ,00 10,00 ,00 16,00 _::'?'" /'/,-!.;.:'Y ,;;..,(-'" , ,.,'< /' R, Thomas Kline ^,>1" /h /~ .</. , ."'<"'::.~-"~,E' 09/09/2005 MDW&O A,D, Sworn and Subscribed to before By: me this JI day of Christopher E, Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTS ON DEARDORFF WILLIAMS &,: IN THE COURT OF COMMON PLEAS OF OTTO CUMBERLAND COUNTY, J'ENNSYL VANIA Plaintiff v, NO, 05-4208 CIVIL ACTION FRANK T, STETS and ARLENE D, STETS, Defendant PRAECIPE To the Prothontoary: Please mark the above captioned matter settled and discontinued, MARTSON DEARDORFF WILLIAMS & OTTO By & -k-4 ? It-.:.. Christopher E, Rice, Esquire 1. D, Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 8, 2006 ~ -.jiX} ~(" \.? N'~:_~ ':2;t;. tn._'C- ""." <;2.\,:, EO ~Q ~ ~ ;\\ ~ ~ o ~ f'.:l <a ~ ~ (;") \ OJ