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HomeMy WebLinkAbout05-4225COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. CIVIL TERM CRAIG J. HIMMEL and TAMMY HIMMEL, his wife Defendants : CIVIL ACTION--LAW 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 Notice is served, by entering a written appearance personally or by an 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 Defendant. 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. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 240-6200 COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. CIVIL TERM CRAIG J. HIMMEL and TAMMY HIMMEL, his wife Defendants : CIVIL ACTION--LAW COMPLAINT AND NOW comes the Plaintiff, Coyne & Coyne, P.C., and files the within Complaint: 1. Plaintiff is Coyne & Coyne, P.C. a Professional Corporation, with offices located at 3901 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendants is Craig J. Himmel and his wife Tammy Himmel is an adult individual residing at 34 Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or May 17, 2002, Defendant Craig Himmel, engaged the Plaintiff for legal services concerning custody matters per the terms outlined and agreed to by the Defendant per written fee agreements. 4. Plaintiff performed legal services for Defendants and submitted invoices to Defendant for payment. (See Exhibit "A") 5. Repeated demands for payment in full have been made to Defendants; however, Defendant has refused to pay same. 6. Plaintiff petitioned and was granted leave to withdraw as Defendant's counsel. 2 7. As of July 11, 2005, Defendant owes Plaintiff a balance of $6,576.33 which continues to be unpaid and is accruing interest per the written fee agreement at the rate of 1.5% per month, annually 18%. (See Exhibit "B") WHEREFORE, Plaintiff, Coyne & Coyne, P.C., respectfully requests Judgment in the amount of $6.576.33, with Court costs and Sheriff's costs and accruing interest from date of complaint filing at the rate of 1,5% per month, annually 18%. Dated: L d,[if/ g? Respectfully submitted, COYNE & COYNE, P.C. By: HENRY F. CO E, ESQUIRE 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 3 C4"?t ?_z can ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 FEE AGREEMENT The undersigned, herein referred to as the "CLIENT", agrees to hire the Law Offices of AUSTIN F. GROGAN, Camp Hill, Cumberland County, Pennsylvania, herein referred to as the "ATTORNEY", to represent the CLIENT. The ATTORNEY shall provide legal services, conduct all negotiations, make settlement, receive payments, institute actions in any appropriate court or forum, and act in any and every proper and ethical manner with respect to CLIENT'S Custody. The ATTORNEY, shall be entitled to receive: ¦ A non-refundable retainer of $2,500.00 ¦ $125 per hour It is understood that the ATTORNEY shall advance no costs or expenses, that costs must be paid and advanced by the CLIENT. CLIENT shall pay interest at the rate of 1 112 % per month on any unpaid balance. CLIENT agrees to contact ATTORNEY immediately by telephone to advise of any papers, pleadings or court dates received. Date J ?`Z 2 - I CRAIGIIIMMEL COYNE &. COYNE A PROFESSIONAL CORPORATION <. ATTORNEYS AT LAW Henry F. Coyne Lisa Mane Coyne Austin F. Grown 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 Mr. Craig J. Himmel 34 Winding Hill Road Mechanicsburg, PA 17055 April 26, 2003 Re: Beers vs. Himmel No. 99-6135 - Custody Dear Craig: Enclosed please find your updated interim invoice. Although you were invoiced in December as well as February, however, you have made no payment on your overdue account balance. I note your last payment on your account was over six months ago on October 31, 2002. `Vhile I understand and am sympathetic with your costs for the custody evaluation in proceeding with this contentious custody litigation; you must, however, bring your account current and pursuant to our fee agreement, I request that you also deposit with this office a new retainer of $2,000.00. If you have any questions conceming the enclosed itemized invoice, please give me a call. I trust you understand my position in this regard. Sincerely, COYNE & COYNN(EP.C. Aush?ga r AFGlamd Enclosure LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Invoice submitted to: Mr. Craig Himmel 34 Winding Hill Road Mechanicsburg PA 17055 August 17, 2005 In Reference To: Family Law Matters Invoice #10905 Interest on overdue balance Total amount of this bill Previous balance Balance due Amount $98.40 $98.40 $6,576.33 $6,674.73 C ) P? nfCt f G' i7o C ? ;L d ?j Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craie J. and Tammy Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., Plaintiff, CIVIL ACTION - LAW No. 05-4225 VS. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants NOTICE TO PLEAD TO: Coyne & Coyne, P.C. You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiffs Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Dated: C' CSC Byj4-/ J S. Batnett? Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craig J. and Tammy Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., CIVIL ACTION - LAW Plaintiff, No. 05-4225 VS. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW come Defendants, Craig J. Himmel and Tammy Himmel, husband and wife, by and through their attorney, Jan S. Barnett, Esquire, and files the instant Preliminary Objections to Plaintiffs Complaint: I. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa.R.C.P. 1028(a)(5). Coyne & Coyne, P.C., the named Plaintiff in this action, is not a party to the written agreement attached as Exhibit A to the Complaint, and upon which the claims are made. 2. Pennsylvania Rule of Civil Procedure 2002(a) provides that, "[e]xcept as otherwise provided ..., all actions shall be prosecuted by and in the name of the real party in interest, without distinction between contracts under seal and parol contracts." Plaintiff Coyne & Coyne, P.C., is not a real party in interest to the alleged contract under which the claims are asserted, and has no capacity to sue the Defendants. WHEREFORE, Defendants respectfully request that the Complaint be dismissed, and judgment entered in Defendants' favor. II. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa.R.C.P. 1028(a)(4). 4. Plaintiff has named Tammy Himmel as a party-Defendant to this action, based solely on the written agreement attached to the Complaint as Exhibit A. Tammy Himmel is not, however, a party to the contract asserted, and a claim cannot lie against her as a matter of law. WHEREFORE, Defendants respectfully request that the Complaint against Tammy Himmel be dismissed, and judgment entered in her favor. III. Preliminary Objection for Failure to Conform to Law or Rule of Court Pursuant to Pa.R.C.P. 1028(a)(2). Pennsylvania Rule of Civil Procedure 1024 requires that every pleading be signed by a person or party with personal knowledge or information and belief, and verfred. 7. Plaintiff s Complaint has not been signed by a person or party with personal knowledge or information and belief, nor has it been verified. WHEREFORE, Defendants respectfully request that the Complaint be dismissed, and judgment entered in their favor. IV. Preliminary Objection for Failure to Conform to Law or Rule of Court Pursuant to Pa.R.C.P. 1028(a)(2). 8. Pennsylvania Rule of Civil Procedure 1020(a) requires that "[e]ach cause of action [asserted in a complaint] and any special damage related thereto shall be stated in a separate count containing a demand for relief" 9. Plaintiff's Complaint attempts to assert a cause of action against Defendant Craig J. Himmel, and a separate cause of action against Defendant Timmy Himmel. 10. Plaintiff's Complaint does not assert the various causes of action in separate counts, in violation of Pa:R.C.P. 1020(a). WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed, and judgment entered in their favor. Respectfully submitted, Dated: US- By: ?L Barnetti?. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon all counsel of record this / day of? 2005, by depositing said copy in the United States Mail at Lemoyne, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Henry F. Coyne, Esquire Coyne & Coyne,P.C. 3901 Market Street Camp Hill, PA 17011-4227 Attorneyfor Plaintiff 13 J S. Ba (' % ? . ?, ,? l s %\. . ? . ? j .} : .) ?- .... SHERIFF'S RETURN - REGULAR CASE NO: 2005-04225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COYNE & COYNE PC VS HIMMEL CRAIG J ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HIMMEL CRAIG J was served upon DEFENDANT the at 1825:00 HOURS, on the 25th day of August , 2005 at 34 WINDING HILL ROAD MECHANICSBUSRG. PA 17055 CRAIG HIMMEL by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.80 Affidavit .37 Surcharge 10.00 .00 37.17 Sworn and Subscribed to before me this day of r A.D. rothn ary? So Answers: R. Thomas Kline 08/26/2005 COYNE & COYNE By. :Z i Deputy Sh iff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COYNE & COYNE PC VS HIMMEL CRAIG J ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAMMY DEFENDANT the , at 1825:00 HOURS, on the 25th day of August , 2005 at 34 WINDING HILL ROAD MECHANICSBUSRG, PA 17055 TAMMY HIMMEL by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of D A.n. 16ro ary So Answers: .? ra R. Thomas Kline 08/26/2005 COYNE & COYNE By : '7"1/ Deputy Sh riff J COYNE & COYNE, PC. Henry F. Coyne, Esq. Pa. Supreme Ct. No. 06250 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 COYNE & COYNE, P.C., Plaintiff VS. CRAIG J. HIMMEL, Defendant Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4225 CIVIL TERM CIVIL ACTION--LAW 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 Notice is served, by entering a written appearance personally or by an 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 Defendant. 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. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 240-6200 1 COYNE & COYNE, P.C., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-4225 CIVIL TERM CRAIG J. HIMMEL, Defendant : CIVIL ACTION--LAW AMENDED COMPLAINT TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW comes the Plaintiff, Coyne & Coyne, P.C., and files the within Complaint: 1. Plaintiff is Coyne & Coyne, P.C. a Pennsylvania Professional Corporation, with offices located at 3901 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Craig J. Himmel who is an adult individuals residing at 34 Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about May 17, 2002, Defendant engaged the legal services of Attorney Austin F. Grogan per the terms outlined and agreed to by the Defendant per a written fee agreement. (See Exhibit "A"). 4. In January 2003, Austin F. Grogan became an employee of Plaintiff and advised Defendant of Attorney Grogan's merger with Plaintiff and that there would be no change in the fee arrangement and rate and that it would be maintained with Plaintiff. 5. Beginning in January 2003, Plaintiff performed legal services for Defendant and submitted invoices to Defendant for payment consistent with the written fee agreement entered by Defendant and assigned to Plaintiff. 2 6. Defendant made partial payment to Plaintiff in the amount of $1,000.00 on May 5, 2003. 7. Defendant made partial payment to Plaintiff in the amount of $500.00 on July 17, 2003. 8. Defendant made partial payment to Plaintiff in the amount of $250.00 on September 28, 2003. 9. Repeated demands for payment in-full have been made to Defendant; however, Defendant has refused to pay same. 10. Plaintiff petitioned and was granted leave to withdraw as Defendant's counsel. 11. As of October 10, 2005, Defendant owes Plaintiff a balance of $6,818.34 which continues to be unpaid and is accruing interest per the written fee agreement at the rate of 1.5% per month, annually 18%. (See Exhibit "B") WHEREFORE, Plaintiff, Coyne & Coyne, P.C., respectfully requests Judgment in the amount of $6,818.34 with Court costs and Sheriff's costs and accruing interest from date of complaint filing at the rate of 1.5% per month, annually 18%. Dated: 101101 oS Respectfully submitted, COYNE & COYNE, P.C. By: / 7`? I-- HENRY F. DYNE, ESQt 3901 Mar t Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 3 ATTORNEY AT LAW 24 North 32 Street Camp Hill, PA 17011 (717) 737-1956 FEE AGREEMENT The undersigned, herein referred to as the "CLIENT", agrees to hire the Law Offices of AUSTIN F. GROGAN, Camp Hill, Cumberland County, Pennsylvania, herein referred to as the "ATTORNEY", to represent the CLIENT. The ATTORNEY shall provide legal services, conduct all negotiations, make settlement, receive payments, institute actions in any appropriate court or forum, and act in any and every proper and ethical manner with respect to CLIENT'S Custody. The ATTORNEY, shall be entitled to receive: ¦ A non-refundable retainer of $2,500.00 ¦ $125 per hour It is understood that the ATTORNEY shall advance no costs or expenses, that costs must be paid and advanced by the CLIENT. CLIENT shall pay interest at the rate of 1 1/2% per month on any unpaid balance. CLIENT agrees to contact ATTORNEY immediately by telephone to advise of any papers, pleadings or court dates received. Date-5(1-7 ,?4 - (, CRAIG FIIMMEL COYNE & COYNE A PROFESSIONAL CORPORATION ?. ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grown 3901 Market Street 717-737-0464 Camp Hill, Pern ylvania Fax: 717-737-5161 17011-4227 April 26, 2003 Mr. Craig J. Himmel 34 Winding Hill Road Mechanicsburg, PA 17055 Re. Beers vs. Himmel No. 99-6135 - Custody Dear Craig: Enclosed please find your updated interim invoice. Although you were invoiced in December as . well as February, however,-you have made no payment on your overdue account balance. I note your last payment on your account was over six months ago on October 31, 2002. While I understand and am sympathetic with your costs for the custody evaluation in proceeding with this contentious custody litigation; you must, however, bring your account current and pursuant to our fee agreement, I request that you also deposit with this office a new retainer of $2.000.00. If you have any questions concerning the enclosed itemized invoice, please give me a call. I trust you understand my position in this regard. Sincerely, COYNE & COYNNE, P.C. Austin F. Grogan AFG/amd Enclosure LAW OFFICES OF COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Invoice submitted to: Mr. Craig Himmel 34 Winding Hill Road Mechanicsburg PA 17055 October 10, 2005 In Reference To: Family Law Matters Invoice #10909 Interest on overdue balance Total amount of this bill Previous balance Balance due Amount $143.61 $143.61 $6,674.73 $6,818.34 v The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, infonnation and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. §4904. Dated: /O - / u - o 2Lµ G CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Amended Complaint was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Jan S. Barnett, Esq. 692 Market Street Lemoyne, PA 17043 Craig Himmel 34 Winding Hill Road Mechanicsburg, PA 17055 Dated: to ?O-C S- U Lisa arie Coyne ?? - 7 C__ C.n\ TI ?, ? t-, „ n' = _-e ? __. ' ?'= ?;:? ?, r-??nr r? _? _ 4 Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craig J and Tammy Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., Plaintiff, CIVIL ACTION - LAW No. 05-4225 vs. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants NOTICE TO PLEAD TO: Coyne & Coyne, P.C. You are hereby notified to file a written response to the enclosed Answer to Amended Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Dated:_ /1? C? By: . Barnett Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craig J and Tammy Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., CIVIL ACTION - LAW Plaintiff, No. 05-4225 VS. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants DEFENDANTS' ANSWER TO AMENDED COMPLAINT WITH NEW MATTER Defendants, Craig J. Himmel and Tammy Himmel, by and through their attorney, Jan S. Barnett, Esquire, hereby Answer Plaintiffs Amended Complaint, and assert New Matter thereto: 1-3. Admitted. Defendants are without sufficient information or knowledge upon which to form a belief as to whether, or when, Attorney Grogan became an employee of Plaintiff; this allegation is therefore specifically denied. It is specifically denied that Attorney Grogan "advised [Mr. Himmel] of Attorney Grogan's merger with Plaintiff." It is admitted that the fee agreement attached as Exhibit A to Plaintiff s Amended Complaint, as well as the parties' established practices and procedures, were understood by Mr. Himmel to apply to the attorney-client relationship with Attorney Grogan, regardless of the latter's various professional affiliations. 5. It is specifically denied that Plaintiff performed legal services for Mr. Himmel beginning in January 2003. To the contrary, and at all times relevant hereto, Mr. Himmel understood that legal services were being provided by his attorney, Attorney Grogan. It is admitted that Plaintiff submitted invoices to Mr. Himmel; however, it is specifically denied that the invoices submitted by Plaintiff are consistent with the fee agreement attached as Exhibit A to Plaintiff s Amended Complaint. It is specifically denied that the agreement attached as Exhibit A to Plaintiff's Amended Complaint was assigned to Plaintiff. 6-8. It is admitted that Mr. Himmel mailed payments to Plaintiff's address at various times. Defendant is without sufficient information or knowledge at present in order to form a belief as to the truth or falsity of the allegations of dates and amounts of payments alleged in Plaintiff's Complaint, and these allegations are therefore denied. Defendant believes, and therefore avers, that by its own admission, Plaintiff has understated payments made for work performed by Attorney Grogan by approximately $4,000.00. By way of further answer, Mr. Himmel at no time understood that he entered into, or otherwise consented to an attorney-client relationship with Plaintiff. 9. Admitted, for the reasons stated above and in Defendants' New Matter. 2 10. Defendants are without sufficient information or knowledge upon which to form a belief as to the truth or falsity of the allegations contained in Paragraph 10 of Plaintiff s Amended Complaint, and these allegations are therefore denied. 11. It is specifically denied that Mr. Himmel owes Plaintiff any balance. It is specifically denied that Mr. Himmel owes any interest as claimed. WHEREFORE, Defendants respectfully request that Plaintiffs Amended Complaint be dismissed with prejudice. New Matter 12. Plaintiffs claims alleged in the Amended Complaint are barred by the applicable statute of limitations. 13. Plaintiff is not a proper party to the instant action, and has no standing to assert the claims in the Amended Complaint. 14. The agreement attached as Exhibit A to Plaintiff s Amended Complaint was procured by fraud, intentional or negligent misrepresentation. 15. Specifically, the agreement attached as Exhibit A to Plaintiffs Amended Complaint was procured by Attorney Grogan's fraudulent, intentional or negligent misrepresentation as to the ultimate amount of payment that would be required under the attorney-client arrangement. 16. Attorney Grogan procured Mr. Himmel's agreement to enter into the fee agreement through his fraudulent, intentional or negligent misrepresentation that the services for which he was retained would amount to approximately $3,000.00. 17, Mr. Himmel has made payments of more than $3,000.00 to Attorney Grogan, which constitutes payment in full for the services rendered, and Defendants therefore assert the defense of accord and satisfaction. 18. policy. 19. public policy. 20. Any assignment of the fee agreement to Plaintiff is void as against public Any partial assignment of the fee agreement to Plaintiff is void as against Any assignment of the fee agreement to Plaintiff is void as it violates the Statute of Frauds. 21. Any assignment of the fee agreement to Plaintiff fails for want of consideration. 22. The interest claimed by Plaintiff is usurious and contrary to public policy, as well as the establish practices between Mr. Himmel and Attorney Grogan. 23. The monies claimed by Plaintiff are not due and owing. 24. Plaintiff, by and through its actual and ostensible agents, servants, and employees, including Attorney Grogan, has waived any claim to monies allegedly owed under the agreement attached as Exhibit A to Plaintiff's Amended Complaint. Respectfully submitted, Dated: / LO'5-- By: Glih . Barnett4 VERIFICATION I, Craig J. Himmel, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: ?U 13 t O Craig J i el CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon all counsel of record this day of, 2005, by depositing said copy in the United States Mail at Lemoyne, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff By: Gt^ `/u an . Barnett N (, ` ? c? "11 c4:-> G ., ,,.? ?C-?^n "' fT? r ' c? m r1? C7 C,7 _? r ' N "< i r_ !37 Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craig J. and Tammy Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., CIVIL ACTION - LAW Plaintiff, No. 05-4225 VS. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants MOTION TO WITHDRAW APPEARANCE PURSUANT TO Pa.R.C.P. 1012(d)(1) Defendants Craig J. Himmel and Tammy Himmel, by and through their counsel, Jan S. Barnett, Esquire, hereby file the instant Motion to Withdraw Appearance Pursuant to Pa.R.C.P. 1012(d)(1), and in support thereof state: 1. An Amended Complaint in this action that sounds in breach of contract was filed on or about October 11, 2005. 2. Movants filed an Answer to the Amended Complaint on or about November 1, 2005. 3. Defendants Craig J. Himmel and Tammy Himmel are the Movants, with a present residence address of 34 Winding Hill Drive, Mechanicsburg, Pennsylvania 17055. i 4. Since the institution of this civil action, Movants/Defendants have reached irreconcilable differences with their attorney, Jan S. Barnett, with regard to matters that are protected from disclosure under the Attorney-Client Privilege, and/or the Attorney Work-Product Doctrine under Pennsylvania law. 5. Such differences between Movants and their attorney render the attorney's continuing representation of them in this civil action impossible. 6. On March 24, 2006, Movants were advised, therefore, to seek substitute counsel in this matter, and Movants' current counsel has offered to forward their file to substitute counsel when he/she is retained. 7. Movants' current counsel is unaware that substitute counsel has been retained by Movants/Defendants. 8. Pursuant to Cumberland County Local Rule of Procedure 208.3(a)(9), concurrence in the relief requested in the instant Motion has been sought from opposing counsel. Opposing counsel either has declined to concur in the relief requested, or has failed to respond to Movants' inquiry within a reasonable amount of time. WHEREFORE, Movants, by and through their present attorney, Jan S. Barnett, respectfully request that Attorney Barnett be permitted to withdraw her appearance on behalf of Movants/Defendants. For the convenience of the Court, a proposed Rule to Show Cause why the relief requested should not be granted is attached. Respectfully submitted, Dated: 9 6 By: C??h ?& ?_ tyBarnett CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon all counsel of record this /A` day of , 2006, by depositing said copy in the United States Mail at Lemoyne, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff Craig J. and Tammy Himmel 34 Winding Hill Dr. Mechanicsburg, PA 17055 Movants/Defendants By: an . Barnett rv w -rc .0, 1 1 2006 E MAY &3Y: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile 717 612-9376 Craig J. and Tamm Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., Plaintiff, CIVIL ACTION - LAW No. 05-4225 VS. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants RULE TO SHOW CAUSE t? AND NOW, this day of {??? w , 2006, upon consideration of Defendants' Motion to Withdraw Appearance Pursuant to Pa.R.C.P. 1012(d)(1), a Rule to Show Cause is issued upon Defendants and counsel for Plaintiff to show cause why the relief requested should not be granted. Rule returnable in IX days. BY THE COURT: By: J. PartiesZernry / S. Barnett, Esq. O F. Coyne, Esq. (1;, Yaig J. Himmel & Tammy Himmel j\? Q) 5 ? ??tZYItdNV/?-I,?SNN?td^iA n?1 s ? 1=ZI Wd I I AN 4oOl Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craig J. and Tammy Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., CIVIL ACTION - LAW Plaintiff, No. 05-4225 VS. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants MOTION TO MAKE RULE ABSOLUTE Defendants Craig J. Himmel and Tammy Himmel, by and through their counsel, Jan S. Barnett, Esquire, hereby file the instant Motion to Make Rule Absolute, and in support thereof state: An Amended Complaint in this action that sounds in breach of contract was filed on or about October 11, 2005. 2. On or about May 9, 2006, Movants, by and through their attorney, Jan S. Barnett, filed a Motion to Withdraw Attorney Barnett's appearance on their behalf, pursuant to Pa.R.C.P. 1012(d)(1). 3. On May 11, 2006, the Honorable M. L. Ebert Jr. issued a Rule to Show Cause why the relief requested in the Motion to Withdraw should not be granted; the rule was made returnable in twenty days. 4. No response to the Motion to Withdraw Attorney Barnett's appearance was made by any party within the twenty days ordered. WHEREFORE, Movants respectfully request that this Court make the Rule absolute, and enter an Order allowing Attorney Barnett to withdraw her appearance on behalf of Movants/Defendants. A proposed Order is attached hereto for the convenience of the Court. Respectfully submitted, Dated: 6161y, By: an . Barnett CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon all counsel of record this 6 ox day of , 2006, by depositing said copy in the United States Mail at Lemoyn ennsylvania, postage prepaid, first class delivery, and addressed as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff Craig J. and Tammy Himmel 34 Winding Hill Dr. Mechanicsburg, PA 17055 Movants/Defendants B5J1S. : G Barnett N c? ?? ? _ ? ? ?.. __ .. `.,.. ill ' ^`.w -? 1? i?`J -'T? ._ _- _ •• ( G,: "? r JUN 0 8 200 Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craig J. and Tammy Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., Plaintiff, CIVIL ACTION - LAW No. 05-4225 VS. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants ORDER AND NOW, this i3 day of 'Y%) v\ t, , 2006, upon consideration of Defendants' Motion to Withdraw Appearance Pursuant to Pa.R.C.P. 1012(d)(1), the Rule to Show Cause issued on May 11, 2006, is made absolute and it is hereby ORDERED that Defendants' attorney, Jan S. Barnett, may withdraw her appearance on behalf of Defendants. BY THE COURT: By: M. L. Ebert, J. Parties: Jan S. Barnett, Esq. Henry F. Coyne, Esq. Craig J. Himmel & Tammy Himmel 1 fi 1 ' j I.J L O :01 I ' 1 `r";1' s, o 01 Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craig J. and Tammv Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., Plaintiff, CIVIL ACTION - LAW No. 05-4225 VS. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants PRAECIPE TO WITHDRAW APPEARANCE To: Prothonotary of Cumberland County Court of Common Pleas Pursuant to the Order of Court dated June 13, 2006, a copy of which is attached, kindly withdraw the appearance of Jan S. Barnett, Esquire, on behalf of the Defendants, and note the withdrawal of appearance on the docket. Dated: 6 "6 Respectfully submitted, By: Barnett JUN D 8 211M e Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 692 Market Street Lemoyne, PA 17043 Telephone (717) 612-9375 Attorney for Defendants, Facsimile (717) 612-9376 Craig J. and Tammv Himmel IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA COYNE & COYNE, P.C., Plaintiff, vs. CRAIG J. HIMMEL and TAMMY HIMMEL, husband and wife, Defendants CIVIL ACTION - LAW No. 05-4225 ORDER AND NOW, this 13 ' day of, 2006, upon consideration of Defendants' Motion to Withdraw Appearance Pursuant to Pa.R.C.P. 1012(d)(1), the Rule to Show Cause issued on May 11, 2006, is made absolute and it is hereby ORDERED that Defendants' attorney, Jan S. Barnett, may withdraw her appearance on behalf of Defendants. BY THE COURT: Parties: Jan S. Barnett, Esq. Henry F. Coyne, Esq. Craig J. Himmel Tammy Himmel By: W7. P ao-. a. M. L. Ebert, J. r rRUE COPY FROM RECORD In Toa ony whered, I here unto set my h aad W4 the "W of UW??lisie, Pe. ProthonoarY CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon all counsel of record this 15-114 day of 2006, by depositing said copy in the United States Mail at Lemoy e ennsylvania, postage prepaid, first class delivery, and addressed as follows: Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Plaintiff Craig J. and Tammy Himmel 34 Winding Hill Dr. Mechanicsburg, PA 17055 Movants/Defendants By: an . Barnett !"`' L-? ?: ? -n c- -'" -n ?' -rrrt ,?_ i?z ?t'n ? ?i :.a -<: Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb County Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor .1) S - _CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573