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HomeMy WebLinkAbout05-5689COM ONWEALTH OF PENNSYLVANIA 4 CO RT OF COMMON PLEAS NOTICE OF APPEAL 9th udicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. ?? 5 G F % y NOTICE OF APPEAL Notice s given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge in the date and in the case referenced below. NAME O PPELLANT MAG. DIST. NO. NAME OF MDJ Under offer, Kurt and Paulette 09-1-02 Robert V. Manlove ADDRES OF APPELLANT CITY STATE ZIP CODE 792 B ntwater Road Camp Hill PA 17011 DATE OF UDGMENT IN THE CASE OF (Pla'nhff) (Defendanl)' 10/10 5 Randolph Duncan Kurt and Paulette Underkofler DOCKET CV-0 o. 00396-05 SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT ? This b ck will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P. .J. No. 10088. This N tice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operat as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature or Prolhonobry or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This ction of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAE IPE: To Prothonotary Enter le upon Randolph Duncan appellee(s), to file a complaint in this appeal Name of appellee(s) (Com on Pleas No. O S - S (e )l ! ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. T / ?`7 Sig ature of appellant or attorney or agent RULE To Randolph Duncan , appellee(s) Name of appellee(s) (1 You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this ule upon you by personal service or by certified or registered mail. ( If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. ( The date of service of this rule if service was by mail is the date of the mailing. /"?, Date: 1- 2005 ? s" i rcwa otary or Deputy MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 2-05 G V``1 V,ti a ?? rr c r °? fin'; rJ `?cJ v ? ? © ti COMMONWEALTH OF PENNSYLVANIA r:nl Ill np. CUMBERLAND Nn. 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Addess- 1901 STATE ST CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 ATTORNEY DEF PRIVATE : NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rDIINCAN, RANDOLPH ? 109 FAWN CT DBA HOME IN HAND LIIARRISBURG, PA 17110 J VS. DEFENDANT: NAME and ADDRESS r-MDER&OFLER, KURT, ET AL. 792 BRENTNATER RD CAMP HILL, PA 17011 TIMOTHY J. NIEMAN L J 1 S MARKET SQ P Docket No.: CV-0000396-05 1 S MARKET SQ BOX 1146 Date Filed: 8/12/05 HARRISBURG, PA 17108-1146 a THIS IS TO NOTIFY YOU THAT: PLAINTIFF Judgment: FOR ® Judgment was entered for: (Name) AMC-AN, RAVnI lr ® Judgment was entered against: (Name) nNngRg0lrTal PAIILRTTR in the amount of $ 9,165.36 on: (Date of Judgment) 1 O/1 B/o5 0 Defendants are jointly and severally liable. (Date & Time) F] Damages will be assessed on: ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 0 Date I certify that this 1 a true anEi correct copy of the fecora of.tha procee f Y ='•;.£ Date My commission expires first Monday of January, 2006 . AOPC 315-05 DATE PRINTED: 10/10/05 12:19:49 PM Magisterial eriaf gistrlct Judge a " e SEAL ?., ? ? ?, ? ?'? f., .c -a 1 y' ? ??? ?; yt-;: t+? ;?-r: ?? x ?fi ?.? ?,- N -i-6 VIt' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ss AFFIDAVIT: I hereby (swear) (affirm) that I served M a copy of the Notice of Appeal, Common Pleas No.5-5689, upon the Magisterial District Judge designated therein on (date of service) 11/3, 2005, ? by personal service M by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Randolph Duncan, on 1113, 2005 ?by personal service _ M sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 14 DAY OF November, 2005 y f',/- . (l - ,O art Signature of off i before who ffidavi was made COMMONWEALTH OF PENNSYLVANIA Notarial Seal FShell,ey,k perAer, Notary Public arrisburg, Dauphin County issi xi Expires Oct. 18, 2007 Title of official My commission expires on , 20 by (certified) (registered) mail, ?? + l?S-i-?? ature o a rant AOPG 312A - 05 Direct Query - Intranet Track Confirrri - Intranet Item inquiry Item 3_imnber: 1t;Ow 1520 0005 2055 652. This item was delivered on 11/08/200S at 08:01 oen coon Signature: -- Address: r?G} ?y I ll (1 ? { l =ritur Tire and Item number: ?ui?v9; ?._?:?`cr; ., z:xt•ers"rue Ser rc? j t Expl:-?n ai•:n ::I i ,k and Exlensk4, Sa_r:rrh-sI i Submit j Version 1.0 Postal rq CERTIFIED MAIL RECE IPT on multiple items. T. (Domestic Co -racking System Home Page. OFFICIAL USE o . ru Postage $ Ln EM Certified Fee M Rehm Receipt Fee Postmark (Endorsement Requited) Here 0 Restricted Delivery Fee ru (Endorsement Required) 0 ra Total Postage & Foes $ Lrl O Page I of I 11/14/2005 ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ,.?.,) _?,J• gent ¦ Print your name and address on the reverse Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, eceived by (Printed Name) C. D to Delivery or on the front if space permits. L I y 1. Article Addressed to: D. Is delivery address different from item 12 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mall E3 Express Mail I% Registered If Return Receipt for Merchandise 0 Insured Mall 00.0.0. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7005 1820 0005 2055 8538 (transfer from service IabeQ PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 U.S . Post al Ser viceW " CE RTIF IED MAIL REC EIPT . (Do mes is M ail Only , No Ins urance C overage Provided) uLn 0 ru Postage $ Ill 0 Certified Fee ° Postmark ° Return Receipt Fee (Endorsement Required) Here 0 Restricted Delivery Fee N (Endorsement Required) 1-3 Total Postage a Fees $ 11 Beef Ta C3 or PO Box No. Ciy, Sfafe, LPt4 ira roan 3aUU, June 2002 See Reverse ter Instructionsrarm 3BUU, June 2002 See Reverse ter Instructions COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 0,5- 5L89 t_u?d -77i- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAE. DIST. NO. NAME OF MDJ Underkofier, Kurt and Paulette 09-1-02 Robert V. Manlove ADDRESS OF APPELLANT CITY STATE ZIP CODE 792 Brentwater Road Camp Hill PA 17011 10/10/05 Randolph Duncan K Kurt and Paulette Underkofier CV-0000396-05 j be signed ONLY when this notation is required under Pa. I If appellant was R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after riling the NOTICE of APPEAL. Signature ofPtothonotary w 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.C.P.D.J. No. 1001(7) in action beforeMagisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Randolph Duncan appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 05- 5(.y g )) within twenty (20) days after service of rullee/ or suffer entryy o?f judgment of non pros. Sig ature of appellant or attorney or agent RULE: To Randolph Duncan appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. nn Date: (! J.Z 200 ?? SigllatWevhProMlenatary or Oepuly YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312.05 '..a ?. r? -it C ? ?, _ -G-.; ` ? . l . i `. ? ? Cl ? .a ..{ ? w Stanley J. A. Laskowski, Esquire Attorney I.D. No. 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Randolph Duncan Plaintiffs RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 05-5689 KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, 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 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Stanley J. A. Laskowski, Esquire Attorney I.D. No. 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Randolph Duncan, Plaintiffs RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 05-5689 KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants CIVIL ACTION - LAW NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted Debe presentar una apariencia escrita o en persona o per abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notification, y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Stanley J. A. Laskowski, Esquire Attorney I.D. No. 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Randolph Duncan, Plaintiffs RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 05-5689 KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Randolph Duncan, by and through his attorneys, Caldwell & Kearns, P.C. and files the within Complaint avering in support thereof as follows: Plaintiff, Randolph Duncan, ("Plaintiff'), is an adult individual and sole proprietor of and at all times material and relevant hereto doing business as Home-in-Hand, residing at 109 Fawn Court, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. Defendants, Kurt and Paulette Underkofler, ("Defendants") are adult individuals, husband and wife, residing at and the owners of the property located at 792 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania, 17011. On or about August 5, 2004, Defendants executed and entered into a Contract and Work Order (hereinafter "Contract") with Plaintiff, whereby Plaintiff agreed to provide labor and materials for a three-phase home repair project for an initial price of Fifty-Six Thousand Five Hundred, Sixty-Five and 00/100 Dollars ($56,565.00). A true and correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein by reference. 4. On or about August 26, 2004, Defendant's executed and entered into a change order addendum to the Contract for the installation of additional lighting, a gable truss and a high-knee wall, together with related labor and materials. A true and correct copy of the August 26, 2004 Addendum is attached hereto as Exhibit "B" and incorporated herein by reference. 5. The amount due pursuant to the August 26, 2004 Addendum was an additional Three-Thousand, Four Hundred and 00/100 Dollars($3,400.00) to the Contract price. 6. Work commenced on the project by Plaintiff on or about August 5, 2004. At or about October 2005, Defendant executed and entered into a second Addendum to the original Contract where Defendants and Plaintiff agreed to accelerate completion of Phase II of the Project. A true and correct copy of the second Addendum is attached hereto as Exhibit "C" and incorporated herein by reference. Pursuant to Defendants' request, Defendants also verbally agreed with Plaintiff to and have installed in Defendants' family room two (2) windows and all trim at a total additional cost of Two Thousand, Eight Hundred and 00/100 Dollars ($2,800.00) to the agreed Contract price. 9. At and about October 2004, Defendants verbally requested and agreed with Plaintiff that the existing T-111 siding would be removed from the premises but not replaced as set forth on Phases I and II of the Contact and Work Order, so that vinyl siding could be installed in lieu of the Phase III portion of the contract. 10. At and about November 2004, Defendants and Plaintiff verbally agreed that: Defendants were to provide and complete interior finish, ceiling, wall and trim paining for which Defendants were to receive a credit from Plaintiff of Two Thousand, Four Hundred, Thirty-Five and 00/100 Dollars ($2,435.00) to the Contract price; Defendants were to install a motion- activated light for which Defendants would receive a credit of Thirty and 00/100 Dollars ($30.00) toward the Contract price; and Defendants agreed to install the exterior shutters to the premises for which they would receive a credit of Three Hundred and 00/100 Dollars ($300.00) toward the Contract price. 11. In November 2004, Plaintiff completed Phases I and II of the work in the Contract as agreed and amended. 12. Defendants owe Plaintiff the sum of Eight Thousand, Eighty and 00/100 Dollars ($8,080.00) for services, labor and materials provided less all agreed credits and payments made by Defendants as follows: Description Contract Price Addendum to Contract Price Windows Installation Contract Price Subtotal Payments Received $56,565.00 $ 3,400.00 $ 2,800.00 $62,765.00 05/11/04 08/30/04 09/17/04 10/01/04 10/13/04 11/15/04 Payment Subtotal $ 8,800.00 $ 7,765.00 $27,900.00 $ 1,645.00 $ 500.00 $ 2,800.00 $49,410.00 ($49,410.00) Less Credits Interior Ceiling, Wall & Trim Paint by Owner $ 2,435.00 Motion-Activated Light- Installation by Owner $ 30.00 Shutters Installation by Owner $ 300.00 Phase III - Project Cost $ 2,510.00 Credit Subtotal $ 5,275.00 ($ 5,275.00) TOTAL $ 8,080.00 13. At and after November 2004, Defendants failed and/or refused to make any additional payments to Plaintiff as a result of which Plaintiff's services ceased. 14. Defendants have failed and/or refused to pay the amount owed to Plaintiff in the amount of Eight Thousand, Eighty and 00/100 Dollars ($8,080.00). 15. Section 6 of the General Terms and Conditions of the Contract, paragraph 2, provides that: "Owner agrees to pay interest on delinquent payments to accrue at the rate of one and one-half (1 1/2 %) percent per month thereafter. Owner agrees to pay interest on delinquent payments to accrue at the rate of one and one-half (1 1/2 %) percent per month accruing after completion of work or termination of project, whichever shall first occur." 16. Upon termination of the project and completion of the work, interest has accrued on the amount of Eight Thousand, Eighty and 00/100 Dollars ($8,080.00) owed to Plaintiff as of January 1, 2005, at the rate of one and one-half (1 1 /2 %) percent per month. 17. Pursuant to Section 6 - General Terms and Conditions of the Contract, paragraph 16, Defendants agreed that: "In the event of default by Owner or it becomes necessary for Contractor to turn this matter over to a collection agency for service or Contractor's attorneys for collection and/or enforcement of the terms and conditions of this Agreement, Owner agrees to pay all fees, costs and expenses of collection including, but not limited, collection agency fees, reasonable attorney's fees, court costs and expenses, as are incurred by Contractor for such collection or enforcement." t 8. Plaintiff has engaged Counsel for the purposes of collection and/or enforcement of the Terms and Conditions of the Agreement in the amounts owed by Defendants to Plaintiff and is therefore entitled to reasonable attorney's fees, court costs and expenses as incurred by Plaintiff. COUNT I - BREACH OF CONTRACT 19. The averments in Paragraphs (1) through (18) are incorporated herein by reference as if fully set forth. 20. Defendants and Plaintiff entered into a valid and enforceable written contract as amended, in which Plaintiff was to perform a three-phase project on Defendants' Property in return for the consideration set forth in Exhibit "A." 21. Plaintiff completed first two phases of the project; however Defendants have failed to make all agreed upon payments as promised. 22. Defendants' failure to make the payments, as agreed to in the contract, is a material breach of that contract. 23. Despite Plaintiff's reasonable demands for payment, Defendants have failed and/or refused and continue to refuse to pay the balance due and owing as the result of the services performed by the Plaintiff. 24. Plaintiff has performed any and all conditions precedent to the bringing of this action. 25. As the result of Defendants' material breach of the Contract, Plaintiff has suffered damages in the amount of Eight Thousand, Eighty and 00/100 Dollars ($8,080.00) plus interest, reasonable attorney's fees and costs. WHEREFORE, Plaintiff, Randolph Duncan d/b/a Home-In-Hand, respectfully requests that judgment be entered in his favor and against the Defendants Kurt Underkofler and Paulette Underkofler, jointly and individually, and award damages in the amount equal Eight Thousand, Eighty and 00/100 Dollars ($8,080.00), plus interest, attorney's fees, costs and expenses as this Honorable Court deems proper and just. COUNT II - UNJUST ENRICHMENT 26. The averments in Paragraphs (1) through (25) are incorporated herein by reference as if fully set forth. 27. Defendants have received various benefits, including the labor and materials and improvements necessary to repair the Defendants' property and restore it to a better condition. 28. Despite Plaintiff's reasonable demands for payment, Defendants have failed and/or refused and continue to refuse to pay the balance due and owing as the result of the services performed by the Plaintiff. 29. Plaintiff has performed any and all conditions precedent to the bringing of this action. 30. As a result of the efforts of the Plaintiff in repairing the property located at 792 Brentwater Road, Camp Hill, Pennsylvania, Defendants would be unjustly enriched were they to be permitted to retain the benefit of the services provided by Plaintiff without paying the monies owed to Plaintiff. 31. As a result of Defendants' failure to pay the required balance due, Plaintiff has suffered damages in the amount of Eight Thousand, Eighty and 00/100 Dollars ($8,080.00) plus interest, attorney's fees, fees and costs. WHEREFORE, Plaintiff, Randolph Duncan d/b/a Home-In-Hand, respectfully requests that judgment be entered in his favor and against the Defendants Kurt Underkofler and Paulette Underkofler, jointly and individually, and award damages in the amount equal Eight Thousand, Eighty and 00/100 Dollars ($8,080.00), plus interest, attorney's fees, costs and expenses as this Honorable Court deems proper and just. COUNT III - QUANTUM MERUIT 32. The averments in Paragraphs (1) through (3l) are incorporated herein by reference as if fully set forth. 33. Plaintiff supplied the aforementioned valuable services, labor and materials to Defendants with the expectation and the assurances and representations by Defendants that they would pay for the services performed on their behalf. 34. Defendants have received and retained the use, value and benefit of the aforesaid services, labor and materials without payment to Plaintiff. 35. Despite Plaintiff's reasonable demands for payment, Defendants have failed, refused and continue to refuse to pay the balance due and owing as the result of the services performed by Plaintiff. 36. Plaintiff is entitled to receive the fair value of the labor and cost of materials provided by Plaintiff to Defendants as set forth in the contract as amended. 37. Plaintiff has performed any and all conditions precedent to the bringing of this action. 38. The aforesaid amount of Eight Thousand, Eighty and 00/100 Dollars ($8,080.00) is the fair and reasonable value of the services, labor and materials provided by Plaintiff to Defendants. 39. As the result of the Defendants' failure to pay the required balance, Plaintiff has been damaged in the amount of Eight Thousand, Eighty and 00/100 Dollars ($8,080.00), plus interest, attorney's fees, costs and expenses of this action. WHEREFORE, Plaintiff, Randolph Duncan d/b/a Home-In-Hand, respectfully requests that judgment be entered in his favor and against the Defendants Kurt Underkofler and Paulette Underkofler, jointly and individually, and award damages in the amount equal Eight Thousand, Eighty and 00/100 Dollars ($8,080.00), plus interest, attorney's fees, costs and expenses as this Honorable Court deems proper and just. Respe lly subm' ted, p Q Date: November 23, 2005 By: Stanley J. A. . s owski, Esquire Attorney I. D. 3 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Randolph Duncan 97-253/95291 VERIFICATION The undersigned, Randolph Duncan, hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. i i Dated: 'T 6 S xkl ? 4 HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN -Owner Insured and Bonded BID HOME-IN-HAND HOME MAINTENANCE AND REPAIRS THIS AGREEMENT`??n ade this, b ^ d f 20dby and between _ y _+ ?_ 11"D i d ` ? lfb 9 ? ' c_ ereinafter called "Owner", and RANDY DUNCAN, Ua HOME-IN-HAND HOME MAINTENANCE AND REPAIRS, of 109 Fawn Court, Harrisburg, Pennsylvania 17110, hereinafter called "Contractor". Contractor and the Owner, in consideration of mutual promises herein made, agree as follows: 1. Scope of Work: Contractor submits the following specifications (see attached work order form) and shall furnish all materials not provided by Owner, unless specified, and perform all labor as it pertains to the work, maintenance and repairs to be p formed on the property at 'T 2 WQ),i + ) L. 1 ZF?I I1. Contract Price: Contractor proposes to furnish materials and labor in accordance with the above specifications for a total estimate of $ i"gt ` ? &)"c' (Does not include options, ex- tras or additional required work.) Material prices are subject to change without notice. This Agreement may be withdrawn by Contractor if not accepted within thirty (30) days. The commencement of work shall be at the discretion of the Contractor for contracts executed by Owner and received by Contractor more than thirty (30) days after the date written above and the time to commence work as set forth in Section IV below shall not be applicable. 111. Payment: Payment is to be made by Owner to Contractor as follows: $- Down Payment Options - Initial Approved $ !C Upon Commencement of Job 1. $ Draw #1 on 2. Vt. General Terms and Conditions: 1. Contractor shall complete all work in a good and workmanlike manner. Materials furnished by Contractor shall be of good and commercially reasonable quality. Materials furnished by Contractor are to be new unless specified otherwise by Owner, and if exact items as set forth in the Scope of Work or specifications of Owner cannot be obtained or provided, Contractor shall have the right to substitute reasonable comparable items. All materials used will be standard stock materials, unless otherwise specified, and will match existing materials within reasonable tolerance as to color, texture, design, quality, etc. Contractor, however, is not responsible or liable for, nor provides any warranty for, any materials specifically provided by Owner to Contractor for use by Contractor. 2. Payment: Payments are to be made by Owner according to the agreed aforementioned schedule. Payments not received on schedule will result in work stoppage. Work will resume upon receipt of payment and an opening Contractor's schedule . Late payments of any amount set forth in Section III, shall be subject to a late fee of 5%. Owner agrees to pay interest on delinquent payments to accrue at the rate of One and One-half (1 1/2%) percent per month thereafter. Owner agrees to pay interest on delinquent payments to accrue at the rate of one and one-half percent (1 112%) per month, accruing after completion of work or termination of project, whichever shall first occur, 3. All change orders shall be in writing and signed by both Owner and Contractor. Any alterations or deviations from the above specifications involving extra costs will be executed only upon written change order between Owner and Contractor and will become an extra charge over and above the contract price, due and payable upon execution of the Change Order. 4. Special or custom order materials provided by Contractor shall be deemed non-returnable by Owner and the cost thereof non-refundable in any event, including, but not limited to, cancellation or termination of this Agreement. Owner agrees to pay Contractor, in advance upon request of Contractor, the cost of special or custom order materials to be provided by Contractor. 5. Any cancellation, rescheduling, termination of work and services of Contractor, work stoppage requested of Contractor by Owner or change order after commencement of this Agreement shall be made by Owner, providing no less than forty-eight (48) hours prior written notice of such request to Contractor. Owner agrees to pay as an extra fee in addition to the contract price the time lost by Contractor at the rate of up to $300 per day to be determined by Contractor, for each person scheduled to provide work and services pursuant to this Agreement, If notice is not timely provided by Owner to Contractor. In the event that payment is not received timely by Contractor as required by this Agreement, or any work stoppage results due to any non-payment or default to perform under the terms of this Agreement by Owner, Owner agrees to pay as an extra and additional charge to the contract price, the time lost Contractor at a rate of up to $300 per day to be determined by Contractor for each person scheduled to provide work and services. 6. Contractor warrants that he is adequately insured for injuries to his employees. Contractor shall be considered an independent contractor with respect to that part of the work he has undertaken to perform. 7. Owner shall be responsible for the removal of all debris, unless otherwise specified. 8. Contractor shall not be liable for any losses nor for any delay due to circumstances beyond his control, including strikes, inclement weather, acts of God, casualty, general unavailability of materials or stoppage of work by public authority not due to any fault of the Contractor. 9. All materials delivered upon and provided to the premises by Contractor shall remain in the property of the Contractor until incorporated into the premises and the Contractor receives payment. All tools and equipment furnished by Contractor shall be deemed to be and remain the property of the Contractor or any subcontractors employed by him. 10. It shall be the responsibility of the Owner to arrange for and secure, at Owner's cost, if any, all required permits, fees or licenses, unless expressly specified otherwise within Contractor's Scope of Work or Change Order. 11. All repairs, replacements or additions authorized and provided herein relate to the specifications of the scope of work appended to this Agreement or as set forth in Article I hereof and do not cover pre-existing deficiencies, hidden, unknown or unforeseen conditions, unless specifically stated. Contractor is not responsible or liable for pre-existing deficiencies, for material, labor or other services provided by Owner or any individuals other than the Contractor. The completion of work by Contractor is not to be deemed an acceptance by the Contractor of any such work, materials or services provided by the Owner or contractor(s) or subcontractor(s) of Owner. For purposes of this agreement, Owner is deemed to have fully accepted all labor, materials and services provided by any workman, contractor(s) or subcontractor(s) other than Contractor hereunder or his employees, as well as the condition of the premises on the date of the commencement of services by Contractor hereunder. 12. All painting of existing services is estimated to return the existing paint surfaces to the same color. Any changes in color or in type of material will be done at extra cost to the Owner. 13. Contractor may display on the premises a temporary advertising sign identifying Contractor, while work is in progress, subject to applicable governmen- IaI ronularlnne VI. General Terms and Conditions: 1. Contractor shall complete all work in a good and workmanlike manner. Materials furnished by Contractor shall be of good and commercially reasonable quality. Materials furnished by Contractor are to be new unless specified otherwise by Owner, and if exact items as set forth in the Scope of Work or specifications of Owner cannot be obtained or provided, Contractor shall have the right to substitute reasonable comparable items. All materials used will be standard stock materials, unless otherwise specified, and will match existing materials within reasonable tolerance as to color, texture, design, quality, etc. Contractor, however, is not responsible or liable for, nor provides any warranty for, any materials specifically provided by Owner to Contractor for use by Contractor. 2. Payment: Payments are to be made by Owner according to the agreed aforementioned schedule. Payments not received on schedule will result in work stoppage. Work will resume upon receipt of payment and an opening Contractor's schedule. Late payments of any amount set forth in Section III, shall be subject to a late fee of 5%. Owner agrees to pay interest on delinquent payments to accrue at the rate of One and One-half (1 1/2%) percent per month thereafter. Owner agrees to pay interest on delinquent payments to accrue at the rate of one and one-half percent It 112%) per month, accruing after completion of work or termination of project, whichever shall first occur. 3. All change orders shall be in writing and signed by both Owner and Contractor. Any alterations or deviations from the above specifications involving extra costs will be executed only upon written change order between Owner and Contractor and will become an extra charge over and above the contract price, due and payable upon execution of the Change Order. 4. Special or custom order materials provided by Contractor shall be deemed non-returnable by Owner and the cost thereof non-refundable in any event, including, but not limited to, cancellation ortermination of this Agreement. Owner agrees to pay Contractor, in advance upon request of Contractor, the cost of special or custom order materials to be provided by Contractor. 5. Any cancellation, rescheduling, termination of work and services of Contractor, work stoppage requested of Contractor by Owner or change order after commencement of this Agreement shall be made by Owner, providing no less than forty-eight (48) hours prior written notice of such request to Contractor. Owner agrees to pay as an extra fee in addition to the contract price the time lost by Contractor at the rate of up to $300 per day to be determined by Contractor, for each person scheduled to provide work and services pursuant to this Agreement, if notice is not timely provided by Owner to Contractor. In the event that payment is not received timely by Contractor as required by this Agreement, or any work stoppage results due to any non-payment or default to perform under the terms of this Agreement by Owner, Owner agrees to pay as an extra and additional charge to the contract price, the time lost Contractor at a rate of up to $300 per day to be determined by Contractor for each person scheduled to provide work and services. 6. Contractor warrants that he is adequately insured for injuries to his employees. Contractor shall be considered an independent contractor with respect to that part of the work he has undertaken to perform. 7. Owner shall be responsible for the removal of all debris, unless otherwise specified. 8. Contractor shall not be liable for any losses nor for any delay due to circumstances beyond his control, including strikes, inclement weather, acts of God, casualty, general unavailability of materials or stoppage of work by public authority not due to any fault of the Contractor. 9. All materials delivered upon and provided to the premises by Contractor shall remain in the property of the Contractor until incorporated into the premises and the Contractor receives payment. All tools and equipment furnished by Contractor shall be deemed to be and remain the property of the Contractor or any subcontractors employed by him. 10. It shall be the responsibility of the Owner to arrange for and secure, at Owner's cost, if any, all required permits, fees or licenses, unless expressly specified otherwise within Contractor's Scope of Work or Change Order. 11. All repairs, replacements or additions authorized and provided herein relate to the specifications of the scope of work appended to this Agreement or as set forth in Article I hereof and do not cover pre-existing deficiencies, hidden, unknown or unforeseen conditions, unless specifically stated. Contractor is not responsible or liable for pre-existing deficiencies, for material, labor or other services provided by Owner or any individuals other than the Contractor. The completion of work by Contractor is not to be deemed an acceptance by the Contractor of any such work, materials or services provided by the Owner or contractor(s) or subcontractor(s) of Owner. For purposes of this agreement, Owner is deemed to have fully accepted all labor, materials and services provided by any workman, contractor(s) or subcontractor(s) other than Contractor hereunder or his employees, as well as the condition of the premises on the date of the commencement of services by Contractor hereunder. 12. All painting of existing services is estimated to return the existing paint surfaces to the same color. Any changes in color or in type of material will be done at extra cost to the Owner. 13, Contractor may display on the premises a temporary advertising sign identifying Contractor, while work is in progress, subjectto applicable governmen- tal regulations. HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Kurt & Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Work Order/Proposal July 29, 2004 5 th Revision Description: Repair damage caused by automobile accident. Inspection: The inspection for this estimate was non-invasive. At the time of inspection, no access to the attic was available. Certain minimum assumptions have been made. This estimate provides for additional work to establish a usable access for the purpose of inspecting the truss system of the Family Room. A supplement can be expected for any additional required repair work. Any additional undiscovered or required repair work related to the project is to be completed on a time and material rate of $50.00/hour. Qualifying information: This estimate is valid for thirty days. All measurements are approximate. All measurements are in feet. Work is to take place during regular work hours, (7am-7pm) and days, (M-F). All choices must be made prior to start of work. All paint to be applied to be top quality Duron. Wall & ceiling paint finish is to be flat. Ceiling paint color is to be 914 white. Trim paint finish is to be semi-gloss. Colors are required to be neutral. (Trim & wall paint choices are required.) Work will begin with preparatory work proceeding in all rooms simultaneously. Includes moving & protecting most contents. Contractor is not responsible for moving of audio/visual equipment, antiques or collectibles. Any additional undiscovered or required repair work related to the project is to he completed on a time and material rate of $50.00/hour. A separate detailed invoice will be provided. This project will be completed in three phases. At a total cost of $56,565.00 Phase One Scope of Work: General Apply for permits. (Initial application only. Requests for additional information will be billed separately.) Provide estimate & initial consultation. Purchase & deliver materials tools & equipment. Remove, reset & protect contents & unaffected areas. Daily cleaning of work area. Remove debris from premises. 1 taut & dump debris. Clean affected area upon completion. Exterior: Rear: **Remove 201T downspout ** Remove 651,F gutter. **Remove 65LF soffit & fascia. **Remove 35 LF 4x6 fascia board **Install 35 LF fascia board. **Install 65LF soffit & fascia. **Install 65LF gutter. **Install 20 LF downspout Page one of four Whete You 7unr IVhen You Need To Truet Your Home br Someone f/sP.r Hurrds - /'0314- IN HAND 109 Fawn Court It Harrisburg, PA 17110 It Phone: (717) 545-2200 191 Fax: (717) 652-5673 www.homeinhand.coni HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded **Exterior left: **Remove 32LF soffit & fascia. **Remove 32 LF Ix4 rake board **Install 32 LF Ix4 rake board. **Install 321T soffit& fascia. Exterior: Right Side: Remove storm door Install single door w/stain grade jamb & casing. (Allowance $600.00) Install door hardware. (Allowance $125) Stain & polyurethane French door **Remove 32LF soffit & fascia. **Remove 32 LF Ix4 rake board **Install 32 LF Ix4 rake board. **Install 32LF soffit& fascia. **Remove motion sensor spot light on gable end Z? **Remove 140 SF T-l I I wall panel on gable A **Install 140 SF T-1 I I wall panel on gable **Install motion sensor light on gable end. Exterior: Front: **Remove I OLF downspout ** Remove 65LF gutter. *Remove 65LF soffit & fascia. **Remove 35 LF Ix6 fascia board **Install 35 LF fascia board. *Install 651,17 soffit & fascia. **Install 651-F gutter. **Install IO LF downspout Remove 6 pair vinyl shutters. Remove 14LF molding. Install 141F molding. Install 104 SF T-I I I wall panel. **Roof. 65x28: **Remove all electric service related to the removal of roof truss system & establish temporary service. **Remove 2080 SF shingles & roof felt. (Accounts for a single layer roof) **Remvoel40 SF sheathing on right gable end. **Remove 980 SF roof sheathing. "Remove Remove 980 SF 16 OC 5 x 12 roof trusses. **Install 980 St' 16OC 5x12 roof trusses. **Install 980 SF 5/8" OSB roof sheathing. "Install 140 SF '/2" OSB on gable end. **Install 1301F weather shield. **Install 2080 SF roof felt. **Install 1941.17 drip edge **Install 2080 SF 25yr three tab shingles. **Install 61 LF ridge vent **Install 651F cap shingles for ridge. **Reestablish all electric service. Page two of four Where Yoa Turn When You Need To Tiust Your Hoare In Someone TLses Hunds- fIOMT IN HMIND 109 Fawn Court lA Harrisburg, PA 17110 10 Phone: (717) 545-2200 A Fax: (717) 652-5673 www.homeinhand.com HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded **The removal of the roof assembly will expose the finished living area to the elements. No guarantee of consequential damages can be made during this phase of construction. All efforts will be made to plan around and control damage from inclement weather. Family Room: Interior Front Wall 13x8 Remove & reinstall baseboard heat. Temporarily support exterior wall. Remove temporary emergency work training. Remove temporary emergency work insulation Install new 104 SF 2x4 16 OC framing with two window openings. Install 104 SF R-13 Kraft faced insulation. Install two high-grade double hung vinyl windows. (Allowance $300.00ea) Family Room/Kitchen wall. 25x9 Remove two sections of baseboard heat. Remove 25LF base trim. Remove '/<" 184 SF plywood Family room side. Remove 258 SF painted wall panel, Kitchen side. Remove 516 SF drywall (Both sides) Remove & reinstall 4 outlets & switches Family Room 25x1328 *Remove 325 SF of drywall ceiling. ** Remove 325SF aluminum soffit above drywall. **Remove 325SF 2x6 ceiling joists **Install 325SF 2x6 ceiling joists Remove carpet & pad Remove ceiling fan. Kitchen/Living Room & Hall & Hall Area: 25xl7x10 Offset: 3xI2x8 Offset: 3x16x8 Remove light fixture. Remove four recessed light fixtures. Remove track light. Protect contents and unaffected structure. Includes 552 SF carpet pad. Remove 561 SF Drywall ceiling. Remove 561 SF R-30 ceiling insulation. Install temporary rafter support, two sections, and one on each side. Remove I OLF of bulkhead. Remove painted wall panel from bulkhead. Remove drywall from bulkhead. Move Lally column. Remove temporary support. --Install 561 SF R-30 ceiling insulation. Phase one $39,740.00 Page three of four Where You Turn When You Need To Trust Your Hoare In Someone 6lre.c llundr - H01lf6'IN HAND 109 Fawn Court IS Harrisburg, PA 17110 It Phone: (717) 545-2200 III Fax: (717) 652-5673 www.homeinhand.com HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner insured and Bonded Phase Two -December 2004/Januarv220,05 Scope of Work: General Apply for permits. (Initial application only. Requests for additional information will be billed separately.) Provide estimate & initial consultation. Purchase & deliver materials tools & equipment. Remove, reset & protect contents & unaffected areas. Daily cleaning of work area. Remove debris from premises. Haul & dump debris. Clean affected area upon completion. Protect contents and unaffected structure. Includes 552 SF carpet pad. Exterior Right: Install new full light storm door. (Allowance $300.00) J **Install motion sensor light on gable end. - Exterior: Front: Install 8 pair vinyl shutters. Family Room Remove 721-l 'base trim Install 721F base trim Prime & paint 72LF base trim. *Prime & paint 325SPceiling *Prime & paint 608SF walls. Prime & paint 6 window & three door trim. *Install Sliding glass door. (Allowance $800.00) Reinstall ceiling fan (If retrofit parts are available with new ceiling slope) **Install & finish 325 SF %,° drywall ceiling. Kitchen/Living Room & Hall & Hall Area. r` Reinstall light fixture. Install four recessed light fixtures. Reinstall track light. --Install 561 SF Drywall ceiling. Prime & paint 609 SF ceiling. Prime & paint 1054 SF walls. Prime & paint 121 LF base trim. Prime & paint eight door & nine door trim. Phase Two $14,235.00 Page three of four Where You Turn When You Need To Trust Your Home In Soiaeone E/ses "lands - HOME /N H11,1 DD 109 Fawn Court ® Harrisburg, PA 17110 It Phone: (717) 545-2200 It Fax: (717) 652-5673 www.homeinhand.coin HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Phase Three - To be completed started in June 2004 - An adjustment may be required at this time due to increasing costs. Scope of Work: General Apply for permits. (Initial application only. Requests for additional information will be billed separately.) Provide estimate & initial consultation. Purchase & deliver materials tools & equipment. Daily cleaning of work area. Remove debris from premises. Haul & dump debris. Clean affected area upon completion. Protect contents and unaffected structure. Exterior: Rear: Clean, Prime and paint 104 SF T-I I I wall panel Clean, Prime and paint door trim. Clean, Prime and paint two window trim. Exterior Right: Clean, prime & paint two window trim. **Prime and paint 140 SF T-I I I wall panel gable *Clean, Prime and paint 208 SF T-I I I wall panel Clean, Prime and paint door trim. Exterior: Front: Prime & paint 141T molding. Prime and paint 104 SP T-I 1 I wall panel. Prime & paint two window & one door trim. Draw Schedule Phase one Phase three $2,510.00 Total Job $56,565.00 Initial Deposit $8,800.00 paid Current balance $47,765.00 Draw 0] 8/1604 $7,765.00 $40,000.00 Draw 92 Start $20,000.00 $20,000A0 (Approx. 8-30-04 to 9-13-04) Completion of Phase One Draw 93 $7,000.00 $13,000.00 Draw #4 Start Phase two $6,000.00 $6,000.00 Completion of Phase two Draw 95 $4,000.00 $2,000.00 Draw 46 Start Phase three. $1,000.00 $1,000.00 (Approx. June 2005) Completion of phase three Final payment. $ 0.00 (Approx. June 2005) All extras and dditio s are dyejW?ful pon request of the work. 5 Owner / /? Where You 7iirn Wheti You Need To 7rusf Your Holne /it Sbmenne £Lre.s Nmtdn - /!0,116 /A HAN(J 109 fawn Court it Harrisburg, PA 17110 It Phone: (717) 545-2200 19 Fax: (717) 652-5673 www.homeinhand.corn ?? ?y ?? HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner 109 Fawn Court • Harrisburg, PA 17110 INVOICE SOLD TO PROPERTY ADDRESS _ ?e=' .,L 2 -t- Y.'a .'. ,_,d ADDRESS ADDRESS S!? CITY, STATE, ZIP CITY, STATE, ZIP CUSTOMER'S ASSOCIATE TERM NET 7 DAYS ORDERDATE ATERMS: PROPOSAL ?TERMS: TIME & MATERIALS OLNVIUL VHIt IN OUT k tiro 9 ?1v-L.. +:. '(INN UNIT PRICE t, .,_ 11Ra [ •A (•.. •?• M .3.J ?tl IM: 1'. *`, e ti? k Y? a. M? :X 'L? &"a k bv3 ?A•w "- f. OS y .. ;L T 'Q' - 4 yy `._) 1 TOTAL MATERIALS $ ' •} ^- TERM: NET Z-JAI'S TOTAL LABOR $ ,;•,.i , _ TOTAL DUE $ 3 1 )E HOME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner 109 Fawn Court • Harrisburg, PA 17110 • INVOICE SOLD TO PROPERTY ADDRESS ADDRESS ADDRESS CITY, STATE, ZIP CITY, STATE, ZIP iD CA CUSTOMER'S ASSOCIATE TERM NET 7 DAYS ORDER DATE O TERMS: PROPOSAL Cl TERMS: TIME & MATERIALS SERVICE DATE IN . OUT UNIT i PRICE l : ry t 1 TERM: NET 7 DAYS a TOTAL W ERIALS $ TOTAL LABOR $ TOTAL DUE CERTIFICATE OF SERVICE AND NOW, this 23'd day of November 2005,1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP 12`n Floor, One South Market Street P. O. Box 1146 Harrisburg, PA 17108-1146 CALDWELL & KEARNS By: r_.> f7 f 7 -n :? ?..A _1. "fit 4 . _. ?{ ` i .. : ;'f ?.. . , To I, A' Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants RANDOLPH DUNCAN Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER Defendants You are Hereby Not Pied To Plead To The Enclosed fw ?kslt_ Within Twenty (20) Days From Service Hereof Or A Default Judgment May Be Entered Against%j, _ _ Attorney For A44w(64- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5689 ANSWER Defendants, Kurt Underkofler and Paulette Underkofler, by and through their undersigned attorneys, file this Answer, stating as follows: Admitted on information and belief. 2. Admitted. 3. The document referenced in this Paragraph is a writing that speaks for itself. To the extent a response is deemed appropriate, it is denied that Plaintiff fully performed his obligations under the contract. 4. The document referenced in this Paragraph is a writing that speaks for itself. To the extent a response is deemed appropriate, it is denied that Plaintiff fully performed his obligations under the contract. The document referenced in this Paragraph is a writing that speaks for itself. To the extent a response is deemed appropriate, it is denied that Plaintiff fully performed his obligations under the contract. SR933R.1 6. Admitted. 7. The document referenced in this Paragraph is a writing that speaks for itself. To the extent a response is deemed appropriate, it is denied that Plaintiff fully performed his obligations under the contract. 8. Admitted. However, as with all other obligations under the contract, Plaintiff required an advance payment with the remainder due upon completion. Plaintiff has not completed the work on this project and thus final payment is not due and owing. 9. Denied. To the contrary, the home repairs at issue in this case were necessary because a drunk driver crashed into the front of the Defendants' house. The Defendants are currently in litigation with their homeowner's insurance company over the insurer's refusal to pay the claim. As a result of this accident, the siding on the front of the house was already removed because of the accident. The other siding remains on the house. 10. Admitted. 11. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. 12. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. Plaintiff was paid as work was completed. When the final payment was made, Mr. Duncan stated that no further amounts were owing unless he did additional work inside the house. No such additional work was ever performed. 13. Admitted because there no additional payments owing to Plaintiff. 14. Admitted because there no additional payments owing to Plaintiff. 15. The document referenced in this Paragraph is a writing that speaks for itself. To the extent a response is deemed appropriate, it is denied that Plaintiff fully performed his obligations under the contract. Further, there are no amounts owing to Plaintiff under the contract. 16. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. Plaintiff was paid as work was completed. When the final payment was made, Mr. Duncan stated that no further amounts were owing unless he did additional work inside the house. No such additional work was ever performed. 17. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. Plaintiff was paid as work was completed. When the final payment was made, Mr. Duncan stated that no further amounts were owing unless he did additional work inside the house. No such additional work was ever performed. 18. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. Plaintiff was paid as work was completed. When the final payment was made, Mr. Duncan stated that no further amounts were owing unless he did additional work inside the house. No such additional work was ever performed. Accordingly, there was no reason for Plaintiff to engage counsel in this matter. COUNT I - BREACH OF CONTRACT 19. Defendants incorporate Paragraphs 1 through 18 above herein by reference. 20. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself. 21. Denied for the reasons above stated. 22. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself. 23. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself and Defendants have made all payments owing under the contract. 24. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself. Further, Plaintiff did not perform all conditions and obligations under the contract. 25. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself. As stated above, there is no amount owing to Plaintiff pursuant to the contract. WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiff s Complaint with prejudice and award them all relief deemed appropriate. COUNT II - UNJUST ENRICHMENT 26. Defendants incorporate Paragraphs I through 25 above herein by reference. 27. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. 28. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself and Defendants have made all payments owing under the contract. 29. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself. Further, Plaintiff did not perform all conditions and obligations under the contract. 30. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself. As stated above, there is no amount owing to Plaintiff pursuant to the contract. 31. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself. As stated above, there is no amount owing to Plaintiff pursuant to the contract. WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiff's Complaint with prejudice and award them all relief deemed appropriate. COUNT III - QUANTUM MERUIT 32. Defendants incorporate Paragraphs 1 through 31 above herein by reference. 33. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. 34. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, Defendants have made all payments owing under the contract or for the work performed. 35. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. As stated above, there is no amount owing to Plaintiff pursuant to the contract or for the work performed. 36. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. As stated above, there is no amount owing to Plaintiff pursuant to the contract or for the work performed. 37. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, the referenced contract is a writing that speaks for itself. Further, Plaintiff did not perform all conditions and obligations under the contract. 38. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. As stated above, there is no amount owing to Plaintiff pursuant to the contract or for the work performed. 39. The allegations of this Paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. As stated above, there is no amount owing to Plaintiff pursuant to the contract or for the work performed. WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiff's Complaint with prejudice and award them all relief deemed appropriate. NEW MATTER 40. Plaintiff fails to state a claim upon which relief can be granted. 41. Plaintiff materially breached the contract by, among other things, failing to finish all work under the contract and by failing to perform all work in a professional and workmanlike manner. 42. Plaintiff fraudulently induced Defendants into signing the contract by representing to Defendants that he was a member of the Harrisburg Builders Association when he was not a member of that organization. Had the Defendants known that Plaintiff was not a member of this organization, they would not have contracted with Plaintiff. 43. Plaintiff underbid the job and is now seeking damages to correct his own mistake. 44. Plaintiff has been paid in full for the work that he performed. WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiff's Complaint with prejudice and award them all relief deemed appropriate. Respectfully submitted, RHOADS & SINON LLP By. - (I tq7 14-mr- Timothy J. Nieman One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants VERIFICATION Kurt Underkofler, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. hs/o C Date Und CERTIFICATE OF SERVICE I hereby certify on this 28th day of December, 2005, a true and correct copy of the foregoing document was served via regular mail upon the following: Stanley J. A. Laskowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 r.? f') c? C -t7 t-7 - ! CJ <_. ?b r? 'U 4i: ?' Stanley J. A. Laskowski, Esquire Attorney I.D. No. 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Randolph Duncan, Plaintiff RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 05-5689 KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER Plaintiff, Randolph Duncan, by and through his undersigned attorneys, files this Answer to New Matter, stating as follows: 40. The allegations of this paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. 41. The allegations of this paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. Plaintiff completed all work under the contract, as amended, as requested by Defendant and provided all work and materials in a professional and workmanlike manner. 42. The allegations of this paragraph are legal conclusions to which no response is required. To the extent a response is deemed appropriate, these allegations are denied. By way of further answer, it is specifically denied that Plaintiff represented to Defendants that he was a member of the Harrisburg Builders Association and that membership by Defendant in the Harrisburg Builders Association was a condition precedent to entering into the contract. 43. Denied. Plaintiff provided labor and materials as set forth in the contract for which Plaintiff has not been paid by Defendant. It is specifically denied that Plaintiff underbid the job and that the sums due and owing by Defendants to Plaintiff are the reasonable and fair value thereof as well as agreed upon pursuant to the contract of the parties. 44. Denied. Denied that Plaintiff has been paid in full pursuant to the contract or in the alternative for the fair and reasonable value of the labor and materials provided by Plaintiff to Defendants, of which Defendants have received the benefit thereof and have been unjustly enriched. Plaintiff incorporates herein by reference its responses to paragraphs 41-43 hereof, the same as though set forth at length. WHEREFORE, Plaintiff, Randolph Duncan d/b/a Home-In-Hand, respectfully requests that judgment be entered in his favor and against the Defendants Kurt Underkofler and Paulette Underkofler, jointly and individually, and award damages in the amount equal Eight Thousand, Eighty and 00/100 Dollars ($8,080.00), plus interest, attorney's fees, costs and expenses as this Honorable Court deems proper and just. Respectfully submitted, Date: January!, 2006 By: Stanley J. A. aAowski, Esquire Attorney 1. D. # 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Randolph Duncan VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: % CERTIFICATE OF SERVICE AND NOW, this 23`d day of January, 2006, I hereby certify that 1 have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP 12`h Floor, One South Market Street P. O. Box 1146 Harrisburg, PA 17108-1146 CALDWELL & KEARNS /. By: i 97-253/96691 Stanley J. A. Laskowski, Esquire Attorney I.D. No. 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Randolph Duncan, Plaintiff RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS Plaintiff vs. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants CUMBERLAND COUNTY, PENNSYLVANIA NO: 2005-5689 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stanley J. A. Laskowski, Esquire, counsel for Plaintiff in the above-captioned action, respectfully represents that: The above-captioned action is at issue. The claim of Plaintiff in the action is $8,080.00 plus interest attorney's fees, costs and expenses. The counterclaim of the Defendant in the action is N/A. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Date: May 4, 2006 By: C u Stanley J. A. askowski, Esquire Attorney I. D. # 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 101536 RANDOLPH DUNCAN, In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 2005 - 5689 KURT UNDERKOFLER & PAULE7TE UNDERKOFLER Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Name (Chairman) Law Firm Address City, Zip Signature Name Law Firm Address City, Zip Signature Name Law Firm Address City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: (Chairman) Notice of Entry of Award Now, the day of 20 , at _ .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S Prothonotary By: Deputy CERTIFICATE OF SERVICE AND NOW, this ?- day of May 2006,1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP 12"' Floor, One South Market Street P. O. Box 1146 Harrisburg, PA 17108-1146 CALDWELL & KEARNS By:"",C"v \ J f ?- i " J csc, "r> ?- J f I ?,: .mot r °:•r. -r - V, .. a. 7 V y ` A c G L? d• RANDOLPH DUNCAN, Plaintiff vs. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2005-5689 CIVIL ACTION - LAW ORDER OF COURT AND NOW, this r 4 day of $ 2006, in consideration of the Petition for Appointment of Arbitrators submitted by Plaintiff, Randolph Duncan, e ?c (/ • Esq., and J, Esq., and ?tixA/L!/l? ?• Esq., are appointed arbitrators in the above- captioned action as prayed for. THE J. U, C r WIX, WENGER & WEIDNER Steven M. Williams, ID # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants : CIVIL ACTION - LAW PRAECIPE To the Prothonotary: Please withdrawal our appearance on behalf of the Plaintiff in this case. Respectfully submitted, Caldwell & Kearns, P.C. Date:/Lql G By Stanley J. A. kowski, ID # 37422 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 To the Prothonotary: Please enter our appearance on behalf of Plaintiff, Randolph Duncan. Papers may be served at the address set forth below. Respectfully Date: WIX, WENggR & WEIDNER Steven M. Williams, ID # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff FAsmw\1948 (Randy Duncan)\14115 (Underko8er Suit)\Document%WNTRY OF APPEARANCE.doc RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Entry of Appearance was sent by first class mail, postage prepaid this day to the following: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP 12th Floor, One South Market Street P.O. Box 1146 Harrisburg, PA 17108-1146 Respectfully submitted, WIX, WENGER & WEIDNER Date: qI 3\b )w By: Alison A. Zortman, Lega ssistant 508 North Second Stree P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff q2 l 'V T ,.,.11 ? 1 tl ?. n r_• o 71? !l Cr A y- i "- COHEN, SEGLIAS, PALLAS, GREEHALL & FURMAN PC Steven M. Williams, ID #62051 swilliams@cohenseglias.com 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants : CIVIL ACTION - LAW PREACIPE To the Prothonotary: Please note that my firm affiliation and address have changed, as indicated herein. submitted, Date: 214/o7 By: Cohen, $#glias, Pallas, Greenhall & Furman Steven M. Williams, PA ID #62051 swilliams@cohenseglias.com 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff .. RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP 12th Floor, One South Market Street P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendants Respectfully submitted, Cohen, Seglias, Pallas, Greehall & Furman Date: By: Alison A. Zortman, Leg ssistant 240 North Third Street, Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff G :... ' r 5 JWa vy 1 74 _.. .V& Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN PC Steven M. Williams, ID #62051 swilliams@cohenseglias.com 240 North Third Street, 8th Floor RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants To the Prothonotary: : CIVIL ACTION - LAW PREACIPE Suggestion of Bankruptcy Please note in the docket of this case that the Defendants have a Chapter 13 Bankruptcy case currently pending, filed with the United States Bankruptcy Court for the Middle District of Pennsylvania (Docket No.: 1:03-bk-01470) and that proceedings in this case are stayed pending the completion of the DefendaQ%' bankruptcy case. RespectfuA submitted, v. NO.: 05-5689 an PC Cohen,/?$eglias, Pallas, Date: 51 al, Dye Steven M. Williams, PA I.D. #62051 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff c ?. RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Timothy J. Nieman, Esquire Rhoads & Sinon, LLP 12th Floor, One South Market Street P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendants Respectfully submitted, Cohen, Seglias, Pallas, Greenhall & Furman PC I - a 1-)v (? 3'M - '? hnL?'-? Date: 5P, 10 By: Alison A. Zo man, Le I Assistant 240 North Third Street, 8th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff C? ?.? ??7 c.-- r _ ? ? __? . _ = --t .. ;-i=t ?,? ? ? _?- ??' ? ?'-? ?a :?? , F::? Timothy J. Niem n, Esquire Attorney I.D. No. 66024 RHOADS & SIN N LLP One South Mark Square, 12th Floor P.O. Box 1146 Harrisburg, PA 11108-1146 (717) 233-5731 Attorneys for Defendants RANDOLPH DUNCAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5689 KURT UNDE OFLER and PAULETTE DERKOFLE Defendants PETITION TO WITHDRAW AS COUNSEL Petitioners Rhoads & Sinon and Timothy J. Nieman, Esquire, hereby file this Petition to Withdraw as Counsel pursuant to Rule of Civil Procedure 1012, stating as follows: 1. Rhoads & Sinon, LLP and Timothy J. Nieman, Esquire (collectively "Rhoads & Sinon") have entered their appearance and represented Defendants Kurt Underkofler and Paulette Underkofler ("Defendants") in this matter. The Defendants reside at 792 Brentwater Road, Camp Hill, PA 17011. 2. Pennsylvania Rule of Professional Conduct 1.16(b) provides in pertinent part: a lawyer may withdraw from representing a client if (?) withdrawal can be accomplished without material adverse effect on the interests of the client; 640840.1 (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (7) other good cause for withdrawal exists. 3. Rhoads & Sinon seeks to withdraw as counsel in this matter because grounds exist pursuant to Rule of Professional Conduct 1.16(b)(1), (4), (5), (6) and/or (7) to do so. This Petition is not being filed to delay the proceedings. 4. Defendants have not paid Rhoads & Sinon for legal services rendered in this matter. Rhoads & Sinon has informed Defendants of this problem and of its intention to withdraw as counsel. If necessary, copies of such correspondence are available for review by the Court in camera to avoid waiving the attorney-client privilege. 5. Defendants have indicated that they consent to Rhoads & Sinon withdrawing as counsel. Likewise, counsel for Plaintiff has indicated that Plaintiff consents to Rhoads & Sinon withdrawing as counsel. 6. Rhoads & Sinon is serving a copy of this Petition on Defendants so that they can object as appropriate. 1 RE, Rhoads & Sinon, LLP and Timothy J. Nieman, Esquire, respectfully request that this Honorable Court allow them to withdraw as counsel for Defendants Kurt Underkofler and Paulette Underkofler. Dated: April 10, 2008 Respectfully submitted, RHOADS & SINON LLP By: Timothy J. ieman P. O. Box 1146 Harrisburg, PA 17105-1146 (717) 233-5731/fx (717) 231-6626 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that on this ) 61'?'day of April, 2008, a true and correct copy of the foregoing document was served by means of United States first class mail, postage prepaid, upon the following: Kurt and Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall & Furman PC 240 North Third Street 8th Floor Harrisburg, PA 17101 ra Hi m '41 +' all JtiM / 4.,.. F v .06 3 APR 1 42008 yV RANDOLPH DUNCAN Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5689 ORDER AND NOW, this t(o day of April, 2008, upon review of the Petition to Withdraw as Counsel, it is hereby ordered that: (1) a rule to show cause why an Order should not be entered permitting Rhoads & Sinon and Timothy J. Nieman, Esquire to withdraw as counsel is hereby issued against the Respondents; (2) the Respondents shall file an answer to the Petition within VAD days of this dated .0 1 a W- (3) the Petition shall be cided t A* (4) - R.C.P. 206.7; , We., urn (5) notice of entry of this Order shall be to all parties by the Petitioner. BY T13F1 Q1J T: J. s3 "Q S n '(77 . ? I lttl ~?A ?? L 0 : I! L I UV NOZ ua? gout/h Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants RANDOLPH DUNCAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5689 KURT UNDERKOFLER and PAULETTE UNDERKOFLER Defendants MOTION FOR RULE ABSOLUTE Petitioners Rhoads & Sinon and Timothy J. Nieman, Esquire ("Petitioner"), hereby file this Motion for Rule Absolute, stating as follows: 1. On or about April 11, 2008, Petitioners filed their Petition to Withdraw as Counsel (the "Petition"). 2. On or about April 16, 2008, The Honorable Edward E. Guido issued a rule upon Kurt Underkoffler, Paulette Underkoffler and Randolph Duncan requiring them to answer the Petition within twenty (20) days. A true and correct copy of the Order is attached hereto as Exhibit "A". 3. By letter dated April 21, 2008, Petitioners served Kurt Underkoffler and Paulette Underkoffler and Randolph Duncan's counsel with the Order. See Exhibit "A". 488686.1 4. Kurt Underkoffler's, Paulette Underkoffler's and Randolph Duncan's response to the Petition was due on May 6, 2008. 5. Kurt Underkoffler, Paulette Underkoffler and Randolph Duncan have not filed a response to Plaintiff's Petition. 6. Kurt Underkoffler, Paulette Underkoffler and Randolph Duncan have previously indicated that they consent to Petitioners withdrawing as counsel in this case. WHEREFORE, Rhoads & Sinon, LLP and Timothy J. Nieman, Esquire, respectfully request that this Honorable Court allow them to withdraw as counsel for Defendants Kurt Underkofler and Paulette Underkofler. Respectfully submitted, RHOADS & SINON LLP o* 1• Dated: May 14, 2008 By: oz&? ?? Timothy J. Nieman P. O. Box 1146 Harrisburg, PA 17105-1146 (717) 233-5731/fx (717) 231-6626 EXgIBIT f ,n\,` • urf'!'!'\ti RXI-TIOADS Itt? & SINON LLP Timothy J. Nieman ph (717) 231-6614 fx (717) 231-6626 tnieman@rhoads-sinon.com ME No: 8909/01 April 21, 2008 Re: Randolph Duncan v. Kurt and Paulette Underkofler (District Justice Appeal); Common Pleas Docket No. 05-5689 Mr. Kurt Underkofler Steven M. Williams, Esquire Ms. Paulette Underkofler Cohen Seglias Pallas Greenhall & Furman PC 792 Brentwater Road 240 North Third Street Camp Hill, PA 17011 8t' Floor Harrisburg, PA 17101 Dear Mr. and Mrs. Underkofler and Mr. Williams: Enclosed please find an Order issued by the Court in the above-referenced matter. Please govern yourselves accordingly. In the meantime, if you have any questions, please do not hesitate to contact me. Very truly yours, encl. RHOADS & SINON LLP B l Y: Timothy I Nieman 686953.1 Rhoads & Sinon LLP Attorneys at Law • Twelfth Floor • One South Market Square • P.O. Box 1146 Harrisburg, PA 17108-1146 • ph (717) 233-5731 • fx (717) 232-1459 • www.rhoads-sinon.com 3 APR 142008 IvV RANDOLPH DUNCAN Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5689 q (W ORDER AND NOW, this/4 day of April, 2008, upon review of the Petition to Withdraw as Counsel, it is hereby ordered that: (1) a rule to show cause why an Order should not be entered permitting Rhoads & Sinon and Timothy J. Nieman, Esquire to withdraw as counsel is hereby issued against the Respondents; (2) the Respondents shall file an answer to the Petition within 0740 days of this jof AO datet 40 ?A (3) the Petition shall be (Lcided t r,M, .41 (4) _ ,P`a?.R. 206.7- 0 (5) notice of entry of this Order shall be BY to all p* ties by the Petitioner. i Colin CERTIFICATE OF SERVICE I hereby certify that on this 14th day of May, 2008, a true and correct copy of the foregoing document was served by means of United States first class mail, postage prepaid, upon the following: Kurt and Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall & Furman PC 240 North Third Street 8th Floor Harrisburg, PA 17101 C"? r--? e°F 1 i ?? '1 i C. \? w+? LSS ' -<, ;. I`' ?° , 'L C ?,? . `? ...? v , MAY 1 6 2008,E RANDOLPH DUNCAN Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5689 C.,.V.#*Z A c. 6 'ad ORDER AND NOW this eday ofAGvA , 2008, upon consideration of the Motion to Make Rule Absolute, it is hereby ORDERED that Rhoads & Sinon, LLP, Timothy J. Nieman, Esquire and any other attorney affiliated with Rhoa counsel for Defendants in this action. permitted to withdraw as J. DISTRIBUTION: -Timothy J. Nieman, Esquire Rhoads & Sinon LLP P. O. Box 1146 Harrisburg, PA 17105-1146 -Kurt and Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 /Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall & Furman PC 240 North Third Street 8th Floor Harrisburg, PA 17101 s/a. //08 3 Timothy J. Nieman, Esquire Attorney I.D. No. 66024 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants RANDOLPH DUNCAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5689 KURT UNDERKOFLER and PAULETTE UNDERKOFLER Defendants PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Timothy J. Nieman and the law firm of Rhoads & Sinon LLP as counsel for Defendants Kurt Underkofler and Paulette Underkofler in the above- captioned matter. Pursuant to the May 21, 2008 Court Order regarding the Motion to Make Rule Absolute, counsel is authorized to withdraw his appearance. Respectfully submitted, RHOADS & SINON LLP By: 01A;6q I ?•?_ Timotfiy J. Nierilan Attorney I.D. No. 66024 One South Market Square, 12`h Flr. P. O. Box 1146 Harrisburg, PA 17105-1146 (717) 233-5731 691417.1 ry CERTIFICATE OF SERVICE I hereby certify that on this 3`7 day of May, 2008, a true and correct copy of the foregoing Praecipe to Withdraw Appearance was served by means of United States mail, first class, postage prepaid, upon the following: Kurt and Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall & Furman PC 240 North Third Street 8th Floor Harrisburg, PA 17101 1 r ? r- e CC) 4/ RANDOLPH DUNCAN, Plaintiff KURT UNDERKOFLER & PAULETPE UNDERKOFLER Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2005 - 5689 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office ma ignature 9 0\-0kr G-. Fri Name (Chairman) Si nature Name Law Firrr4 Law Firm Address 1 '7oLT City, Zip 11028 t Address a441' City, Zip ?zyz Award /11V31 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) T-11- C 6-11-4 t ^, J?nQ 1fLVV11-()y a o ?- 11 }CQ SS, 40 J. j . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: C4, -Z-1 0-008 Date of Award: Notice of Entry of Award Now, the day of , 2048 at//,sqy , A.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ?M, o6 By: Prothonotary Signatur -P-Ojal W. C. Name 0!! 22? Law Firm Ada Address hjmf "A440 &>? XV3 City, Zip Deputy (1, CJ a r, P?1r I J IN TIC COURT OF COMMON FLT S v 1 =RLAM_ C OMIT-T •,., Vin, -Y7 V ' ?J r? 1,11 A e /e N NOTICE OF AFFEAL FROM AXARr OF BOARr OF ARBITRATORS Tc T? ' FReT??crrcT???tr: J ? r ?,?l?e ?? Notice is given that appeals from the a-vard of the board of" arbitrators entered in this case on a 30 ? A juror trial is demanded f??r( Cheak box if a jury trial is demanded. Otherwise jury trial is !iaived. ) b :T certify that (1) be compensation of the arbitrators has been caid, or (2) application has been made for permission to proceed in Porn- pauperis . 'Strike out the inapplicable clause.) J fie C r C?© Appellant or At t orr_e J for A ppe Lar_t NCTE : The. demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). (b) INTO affidavit or verification is required. I V 4 LAI g Cy Cl? 1 ,r h rC. yt CIO _._ .- 't- L? ?!!' _ .mss ? (Must be typewritten and submitted is duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trW at the next term of civil court. for trial without a jury. CAPTION OF CASE (entire eapdon aurst be stated In full) VS. VS. (Plaintiff) (Defendant) (check one) ? Civil Action - Law ® Appeal from arbitration [] (other) The trial 1st will be called on March 17, 2009 and Trials commence on April 131 2009 Pretrials willbe held on March 25. 2009 (Brief am due S days before prrtrlals No. os-s6R9 Term Indicate the attorney who will try can for the party who files this praecipe: Steven M. Williams, Esquire Indicate trial counsel for other parties if known: Defendants are pro se This case is ready for trial. Date: / 7-I7,3)* Signed: priname; Steven M. Williams PA I.D. # 62051 A t t o r n e y f o r : Plaint i f f Randolph Duncan Kurt Underkofler and Paulette Underkofler 240 North Third Street 8th Floor Harrisburg, PA 17101 RANDOLPH DUNCAN, Plaintiff V. KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-5689 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Kurt Underkofler Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Date: 1(? I aq l v 0 By: Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff Respectfully submitted, Cohen, Seglias, Pallas, Greenhall & Furman PC Alison A. Zortman, Leg 1 ssistant 240 North Third Street cz) "{r4. f" Ct r: .- ?A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDOLPH DUNCAN Plaintiffs, V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants CIVIL DIVISION No: 05-5689 PR.AECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel in the above case on behalf of the Defendants, KURT UNDERKOFLER and PAULETTE UNDERKOFLER. LAW OFFICES OF DUANE P. STONE Duane P. Stone, Esq. Attorney I.D. No. 85715 Jason B. Duncan, Esquire Attorney I.D. No. 87946 8 N. Baltimore Street Dillsburg PA 17019 Ph: (717) 432-2089 Fax: (717) 432-0158 y CERTIFICATE OF SERVICE I, D&4 n 8 S b.,7 $ , do certify that I have served a copy of Defendants Entry of Appearance upon the following by first class mail: Stanley J. A. Laskowski, Esq. 3631 North Front Street Harrisburg, PA 17110-1533 AS/ DATE: Duane P. Stone, Esq. Attorney I.D. No. 85715 Jason B. Duncan, Esq. Attorney I.D. No. 87946 8 N. Baltimore Street Dillsburg, PA 17019 Ph: 717-432-2089 Fx: 717-432-0158 = ? VJ RANDOLPH DUNCAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Defendants 05-5689 CIVIL TERM IN RE: MOTION TO STRIKE ORDER OF COURT AND NOW, this 17th day of March, 2009, upon consideration of the call of the civil trial list, and counsel for the Plaintiff in the person of Steven M. Williams, Esquire, having called the case for trial, and the Defendants who are representing themselves having objected at the call of the civil trial list to proceeding with the trial during the forthcoming term of court based upon the pregnancy of Defendant Paulette Underkofler and the representation of Plaintiff Kurt Underkofler that the Defendants are attempting to secure legal representation, the request that the case be stricken from the trial list is denied, without prejudice to Defendants' right to file a formal motion for a continuance. By the Court, J V, J esley even M. Williams, Esquire 240 North Third Street Floor 8 Harri urg, PA 17101 For laintiff urt Underkofler and Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Pro se Defendants Court Administrator mae J2:: , J . N {~? ?ry ? ? i.J i Uji N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDOLPH DUNCAN CIVIL DIVISION Plaintiffs, No: 05-5689 V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants MOTION FOR CONTINUANCE COMES NOW, Kurt Underkofler and Paulette Underkofler, Defendants in the above-mentioned case, and respectfully moves that this Court grant a continuance of said case, which is set for Trial on the 13th of April. The grounds for the motion are that: 1. On or about March 18, 2009 the Defendants hired new counsel. 2. A continuance is necessary at this time as new counsel needs time to review client's file and counsel is already attached for trial on a federal case previously scheduled to begin on April 13, 2009. 3. A continuance is also necessary due to the fact that Paulette Underkofler is going through a high risk pregnancy. She is considered a high risk maternity patient due to hypertension and advanced maternal age. 4. Due to these factors, Mrs. Underkofler's physician states that going to court will cause undue stress and could make her condition worsen. A delay in court proceedings until after she delivers would be in her best interest. WHEREFORE, for each of the foregoing reasons, it is requested that this Honorable Court grant this Motion to Continue. LAW OFFICES OF DUANE P. STONE .sww Duane P. Stone, Esq. Attorney I.D. No. 85715 Jason B. Duncan, Esquire Attorney I.D. No. 87946 8 N. Baltimore Street Dillsburg PA 17019 Ph: (717) 432-2089 Fax: (717) 432-0158 e ' n CERTIFICATE OF SERVICE ?t I hereby certify that on the 7-0 day of March, 2009, a copy of the foregoing MOTION FOR CONTINUANCE was served upon the following individual by first-class mail, postage prepaid: Steven M. Williams 240 North Third Street 8th Floor Harrisburg, PA 17101 Respectfully submitted, LAW OFFICES OF DUANE P. STONE Duane P. Stone, Esq. Attorney I.D. No. 85715 Jason B. Duncan, Esquire Attorney I.D. No. 87946 8 N. Baltimore Street Dillsburg PA 17019 Ph: (717) 432-2089 Fax: (717) 432-0158 C;? ?.a c?}- ?=? c' `"-? ?_ w ?,, -?. ?? ? ' ? , c` ? '{ ?,,: ... ?.? a RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Defendants 05-5689 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on Wednesday, March 25, 2009. Present on behalf of the Plaintiff was Steven M. Williams, Esquire. Present on behalf of Defendants, who had previously been pro se, was Duane E. Stone, Esquire. This action is based on an alleged breach of a construction contract. The Plaintiff is the sole proprietor of a construction/restoration business and Defendants are owners of a home which he repaired. The action is for nonpayment of the contract price. This will be a jury trial in which each side will have 4 peremptory challenges, for a total of 8. The estimated duration of trial is 2 days. Because Defendant's counsel has entered the case so recently, no pretrial memorandum was submitted by him. Such a memorandum shall be submitted to the Court through the Court Administrator's office within 5 days of today's date. A previously undisclosed expert witness (from VB Properties, Camp Hill, Pennsylvania) will be called as a witness by Defendants. This witness will be permitted to testify notwithstanding the late disclosure, because no expert interrogatories were propounded by Plaintiff. On the other hand, Defendants are hereby directed to furnish to Plaintiff's counsel a copy of the said expert's curriculum vitae and report detailing Q ;Z LZ X19 b0? what his testimony will be within 5 days of today's date. Plaintiff's counsel has indicated that he will not be available for trial on the first Monday of the trial term (April 13, 2009), and the Court has suggested to him that he contact the Court Administrator to make this situation known. With respect to settlement of this case, it does not appear likely to the Court that the matter will be settled without a trial. Defendant's counsel has indicated that Defendants are not willing to waive their right to a jury trial. Steven M. Williams, Esquire 240 North Third Street Floor 7 Harrisburg, PA 17101 For Plaintiff Duane P. Stone, Esquire P.O. Box 696 8 North Baltimore Street Dillsburg, PA 17019 Court Administrator :mae By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDOLPH DUNCAN CIVIL DIVISION Plaintiffs, No: 0,5-5689 V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants AMENDED MOTION FOR CONTINUANCE COMES NOW, Kurt Underkofler and Paulette Underkofler, Defendants in the above-mentioned case, and respectfully moves that this Court grant a continuance of said case, which is set for Trial on the 13th of April. The grounds for the motion are that: 1. On December 1, 2008 Defendant appealed award of the board of arbitrators. 2. On or about March 18, 2009 the Defendants hired new counsel. 3. A continuance is necessary at this time as new counsel need:, time to review client's file and counsel is already attached for trial on a federal case previously scheduled to begin on April 13, 2009. 4. A continuance is also necessary due to the fact that Paulette Underkofler is going through a high risk pregnancy. She is considered a high risk maternity patient due to hypertension and advanced maternal age. 5. Due to these factors, Mrs. Underkofler's physician states that going to court will cause undue stress and could make her condition worsen. Defendant Paulette Underkofler estimated delivery date is June 24, 2009. A delay in court proceedings until after she delivers would be in her best interest. See Exhibit A. 6. This is the first continuance Defendant has requested. 7. Counsel contacted Plaintiff's Attorney Steven M. Williams who does not concur on a trial continuance on this matter. WHEREFORE, for each of the foregoing reasons, it is requested that this Honorable Court grant this Motion to Continue. LAW OFFICES OF DUANE P. STONE Duane P. Stone, Esq. Attorney I.D. No. 85715 Jason B. Duncan, Esquire Attorney I.D. No. 87946 8 N. Baltimore Street Dillsburg PA 17019 Ph: (717) 432-2089 Fax: (717) 432-01,58 OBF -TRICS & GYNECOLOGY Bria_ . Cohen, MD Diane H. Du Pont, CNN. Robert delRosario, MD Marianne D.,Jolin, CNM Rose N. Eskin, MD Gabriella H. Ramer, CNiM Russell R. Janson, MD' Emily J. Geiman, CNM Thomas C. O'Malley, MD Margaret A. Hummel, CRNP j Scott M. Readence, MD Beth A. Rudge, CRNP iThomas E. Wallin, MD Rita C. Sclilansky, CRNP Partners in Women's Healthcare, P.C. MARCH 12, 2009 RE: PAULE'T'I'E UNDERKOFFLER 'TO WHOM IT MAY CONCERN: i GYNECOLOGY D. Le?'lie Adams, MD Margaret L. Grotzinger. MD PAULET'TE IS UNDER OUR CARE FOR PRENATAL CARE. SHE TS CONSIDERED A HIGH RISK MA'T'ERNITY PATIENT DUE TO HYPERTENSION AND ADVANCED MATERNAL AGE. GOIDTG TO COURT WILL CAUSE UNDUE STRESS AND COULD MAKE HER CONDITION WORSE. A DELAY IN THE COURT PROCEEDINGS JNTIL, AFTER SHE DELIVERS WOULD BE GREATLY APPRECIATED. "HANK YOU FOR YOUR CONSIDERATION. SINCERELY, RUSE IN ESK1ivi, M.D. rx0)sIr ", A„ Lemoyne: One Lemoyne Square Plaza • Suite 201 * Lemoyne. PA 17043 • (717) 737-4511 • Fax (717) 73?-5940 Harrisburg: The Rose Garden • 2626 North 3rd Street • Suite 2A • Harrisburg, PA 171 10 i (717) 236-5023 a? Fax (717) 737-5940 Hershey: 32 Northeast Drive • Suite 102 ® Hershey, PA 17033 s (717) 533-1355 • Fax (717) 737-5940 Carlisle: 5 Brookwood Avenue • Carlisle, PA 17013 • (717) 243-8152 0 Fax (717) 737-5940 www niwh corn CERTIFICATE OF SERVICE I hereby certify that on the Z day of April, 2009, a copy of the foregoing MOTION FOR CONTINUANCE was served upon the following individual by first-class mail, postage prepaid: Steven M. Williams 240 North Third Street 8th Floor Harrisburg, PA 17101 Respectfully submitted, LAW OFFICES OF DUANE P. STONE Duane P. Stone, Esq. Attorney 1. D. No. 85715 Jason B. Duncan, Esquire Attorney I.D. No. 87946 8 N. Baltimore Street Dillsburg PA 17019 Ph: (717) 432-2089 Fax: (717) 432-0158 FiLW-() rICE OF THE PPOTHON NARY 2009 APR -3 PM !: 43 RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUM BERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KURT UNDERKOFLER and PAULETTE UNDERIKOFLER,: Individually and Jointly, Defendants NO. 05-5689 CIVIL T ERM ORDER OF COURT AND NOW, this 9t' day of April, 2009, upon consideration of Defendants' Motion for Continuance and Defendants' Amended Motion for Continuance, and following a telephone conference with Steven M. Williams, Esq., attorney for Plaintiff, and Duane P. Stone, Esq., attorney for Defendants, and both counsel having indicated their agreement that the case should be stricken from the April 2009, trial list, without regard to the merits of the motion, the case is stricken from the April 2009 Civil Trial List and counsel are directed to timely relist this case for the June 2009 Civil Trial Term. BY THE COURT, teven M. Williams, Esq. 240 North Third Street 8t' Floor Harrisburg, PA 17101 Attorney for Plaintiff X uane P. Stone, Esq. 8 N. Baltimore Street Dillsburg, PA 17019 Attorney for Defendants :rc JQmno C S -1 Ind 6-88VfiW ?JiJwvd 3HI Jo q P_?FOR LISTING CASE FOR TRIAL (Must' be typewritten and submitted is duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following$ case: for JURY trial at the next term of civil court. for trial without a jury. -------- - ---- ---- CAPTION OF CASE (entire capon must be stated in judo (check one) [] Civil Action -Law Randolph Duncan IX Appeal from arbitration (other) (PlaintiM VS. The trial list will be called on June 2, 2009 and Kurt Underkofler and Paulette Underkofler Trials commence on June 29, 2009 (Defendant) Pretrials wW be held on June 10, 2009 * vs. (Briefs are due 5 days before pretriab No. 05-5689 , Term Indicate the attorney who will try case for the party who files this praecipe: Steven M. Williams, Esq., 240 N. 3rd St., 7th Floor, Harrisburg, PA 17101 Indicate trial counsel for other parties if known: ./I Duane P. Stone, Esq. & Jason B. This case is ready for trial. Date: 411 W 10 ? Signed: P?`Name: Steven M. Williams, Esquire PA I.D. #62051 Attorney for: Plaintiff * Listing counsel is attached on June 10, 2009 for oral argument in Superior Court. Thus, an alternate date for the Pre-Trial Conference is requested.' K RANDOLPH DUNCAN, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Duane P. Stone, Esq. Jason B. Duncan, Esq. P.O. Box 696 8 N. Baltimore Street Dillsburg, PA 17109 Attorney for Defendants Date: LA 1 jvn By: ' L11 Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff Respectfully submitted, Cohen, Seglias, Pallas, Greenhall & Furman PC Alison A. Zortman, Le 1 ssistant 240 North Third Street Floor FILED ivL OF Tl-tr t` ;-r ' r„,. ? jTAPY 2009 APR 16 PH 3: 03 e ck. a 8 7 /&„da3&y3 14 4 #11 RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ?r" 0 KURT UNDERKOFLER and, PAULETTE UNDERKOFLER, tlf?f - rr `?' Defendants 05 CIVIL TERM Zz rz7? PRETRIAL CONFERENCE A pretrial conference was held in the chambe pf n Judge Oler in the above-captioned case on Wednesday, Juney` 2009. Present on behalf of the Plaintiff was Steven M. Williams, Esquire. Defendants' counsel, Duane E. Stone, Esquire, did not appe?r for the conference, and the Court was unable to make contact with him by telephone. A pretrial memorandum, however, was submitted by Mr. Stone on behalf of the Defendants. This action is based on an alleged breach of construction contract. The Plaintiff is the sole proprietor of a construction/restoration business and Defendants are owner of a home which he repaired. The action is for nonpayment of the contract price. This will be a jury trial in which each side will have four peremptory challenges for a total of eight. The estimated duration of trial is two days. Plaintiff's counsel has indicated that he may!, or may not be filing a motion in limine with respect to the preclusion of testimony by Defendants' expert on the grounds that the expert's examination of the premises occurred approximately four years after the alleged breach. With respect to settlement of this case, it does not appear likely to the Court that the matter will be settled' without a trial. \' BY the Court, Steven M. Williams 240 North Esquire J. esley Ole Third street, Jr., Harrisburg, PA 1 1 Floor 7 i For the Plaintiff01 i I Duane P. P.O. Stone, Esquire Box 696 8 North Baltimore Dillsburg, PA ore Street 1701 For the Defenda nts Court Admin I Prothonotary pcb RANDOLPH DUNCAN, Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5689 CIVIL TERM VERDICT Question l: Do you find that Defendants materially breached a contract with Plaintiff? > Yes No If your answer to Question 1 is No, Plaintiff can not recover and you should not answer any further questions and should return to the Courtroom. Otherwise, you should proceed to Question 2. Question 2: Do you find that Plaintiff substantially performed his obligations under the contract with Defendants? X Yes No If your answer to Question 2 is No, Plaintiff can not recover and you should not answer any further questions and should return to the Courtroom. Otherwise, you should proceed to Question 3. Question 3: State the total amount of damages that you find Plaintiff sustained as a result of Defendants' breach: &00 C13o/0? /4 eruy,, D & Lt-back Foreperson 3rd Date RANDOLPH DUNCAN ---- V S --- KURT UNDERKOFLER AND PAULETTE In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2005-5689 Judge: OLER Attorney: S t e? e a ? I.J? f ? ? a ?,? S• Attorney: Date: 7k& A if ??/ eL00 q JUR ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 IIIIIIIIIillllllllllllllllllllllllllllll JUN29-146 REISMAN, MARY P 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-303 BRUMBACH, MERVYN D 3 1111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-338 SHINDEL, JOSHUA L 4 IIIIIIIIIIIIIIIIIIIIIillllllllllllllllll JUN29-27 SMITH, RONNIE E 5 IIIIIilllllllllillllllllllllllllllllllll JUN29-190 WEAVER, LYNNE M Z f) IIIIIIIIIIIIIIIIIIIIIillllllllllllllllil JUN29-11 HURST, DAVID A 7 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-293 DAVIS, BETTY g IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-170 STALNAKER, NANCY M 9 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-233 KANE, TRINITY A 1 1111111 IIIII IIIII IIIIIIIIII IIIII IIIIIIII JUN29-317 HILBERT, MARK E 11 IIIIIIIIIIIIIilllillllllllllllllllllllll JUN29-198 MCDOUGALL, MARY C 12 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-173 WIMER, GLENN W 2- 13 IIIIIIIillllllllllllllllllllllllllllllll JUN29-35 VESPIGNANI, MARYANN 3 14 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111 JUN29-127 MURPHY, VERONICA C 15 IIIIIIIIIilllllllllllllllllllill llllllll JUN29-12 COLLINS, JOSEPH M 16 IIIIIIIIIIIIIilllllllllllllillllllllllll JUN29-278 WEBER, LAURA A 17 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-117 TIEMAN, KATHLEEN O 18 1111111 Ilill IIIII Iillllllil IIIII IIIIIIII JUN29-184 BUSER, JOEL M 19 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3UN29-245 SAPORITO, KAREN L Lk 20 IIIlillllllllllllllllllllllllllllillllll JUN29-192 ETTER-MCCOY, BRENDA G 21 Illillllllllllllllllllllllllllllllllllll JUN29-187 KINGSLEY, BONNIE S 22 IIIlilllllllllllllllllillllllllllllllill JUN29-335 STINE, DOUGLAS L RANDOLPH DUNCAN ---- V S ---- KURT UNDERKOFLER AND PAULETTE In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2005-5689 Judge: OLER Attorney: Attorney: S 4,) A- y D J c/ Date: ?..? w ?L. e- JUR ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-196 ANDERSON, NAOMI E 24 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-229 GROSS, DANIEL L 25 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-98 COLYER, TIMOTHY W 26 IIIIIIIIIillllllllllllllllllllllllllllll JUN29-56 EUTZY, PATRICIA A 27 IIIIIIillllllllllllllllllllllllllillllll JUN29-279 FOSTER, JENNIE L 28 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-211 MCELWEE, HARRY E 29 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-113 REID, DONN R 30 IIIIIIIIIIIIIIIIIIIillllllllllllllllllll JUN29-91 SINGER„ JR GARY L 31 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-261 ELLERMAN, CHRISTINA B 32 IIIIIIIIIIIIIIIIIIIIII111111111111111111 JUN29-286 MYERS, RONALD L 33 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-22 DECRENY, LAUREN R 34 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-55 WIRFEL, SHIRLEY A 35 Illlllllllllllllllllllilliilllllllllllll JUN29-131 BROWN, ESTHER M 36 IIIIIIIIIIIIIIilllllllllllllllllllllllll JUN29-155 STARNER, PHILIP L 37 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-274 KUCKER, KRISTINA C 38 IIIIIIIIIIIIIIIIIIIIIIIillllllllilllllll JUN29-334 GAJEWSKI„ JR VINCENT J 39 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllll JUN29-342 EPPERSON, CAROL A 40 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllilllll JUN29-175 GASSAWAY, ANDREW S 41 IIIIIIIIIIIIIIIIilllllllllllllllllllllll JUN29-20 SHOPP, TYLER K 42 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIII JUN29-313 BECKER, LYDIA A 43 1111111 IIIIIIIillllllllllllllllllillllll JUN29-350 ICKES, LINDA M 44 Iillllllllillllllllillllllllllllllllllll JUN29-181 LINE, NANCY L RANDOLPH DUNCAN ---- V S ---- KURT UNDERKOFLER AND PAULETTE , In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2005-5689 Judge: OLER Attorney: ?e-K Attorney: lJ ? u k G, t)(--C' L Date: JUR ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 45 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-46 MELLOTT, SARAH J 46 111111111 in JUN29-186 BARBOUR, IDA M 47 IIIIIIIIIIIIIIIillllllllllllllllllllllll JUN29-9 SELLARS, JENNY 48 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUN29-16 JARRETT, ANITA L 49 IIIIIIIIIIIIIIIIIIIIIIIIIIIII?IIillllll JUN29-39 LORD„ JR HAROLD w 50 IIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllll JUN29-256 BOHN, DAREL E 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 swilliams@cohenseglias.com 240 N. Third Street, 7 h Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants : CIVIL ACTION - LAW PLAINTIFF'S POST-TRIAL MOTION FOR AWARD OF ATTORNEY'S FEES, COSTS, EXPENSES AND INTEREST AND NOW, comes Plaintiff, Randolph Duncan ("Mr. Duncan"), by and through his attorneys, Cohen Seglias Pallas Greenhall & Furman, PC, and files this Post-Trial Motion for Award of Attorney's Fees, Costs, Expenses and Interest, pursuant to Pa.R.Civ.P. 227. 1, stating the following in support: Factual Back ound 1. Mr. Duncan is the sole proprietor of a business called Home-in-Hand, through which he provides construction, renovation, restoration and repair services. 2. Defendants own a home located in Camp Hill, Cumberland County, Pennsylvania. 3. In or about November 2003, a car being operated by a drunk driver crashed into the Defendants' house, causing substantial damages to it. 4. On or about August 5, 2004, Mr. Duncan and Defendants entered into a Contract and Work Order (the "Contract"), whereby Mr. Duncan agreed to provide, in three phases, the labor and materials necessary to restore/repair and improve Defendants' home. A true and correct copy of the Complaint is attached hereto as Exhibit A and is incorporated herein by reference. 5. Mr. Duncan commenced work at Defendants' home on or about August 5, 2005 and completed Phases I and II of the Contract work in late November/early December 2004. 6. Prior to the start of the Phase III work, however, Defendants refused to pay the balance due for the Phase I and II work, and refused to provide Mr. Duncan a required deposit for the Phase III work. 7. As a consequence, Mr. Duncan informed Defendants that he would be unable to begin the Phase III work, and after the Defendants persisted in their non-payment, Mr. Duncan terminated the Contract, and credited Defendants for the Phase III work that he did not perform. 2 8. The amount that Defendants owed to Mr. Duncan for the work he completed (and taking into account all credits to which the Defendants were entitled) was $8,080.00 (the "Balance Due"). 9. Despite Mr. Duncan's repeated demands, Defendants refused to pay the Balance Due. 10. Mr. Duncan initiated this case on August 12, 2005 by filing a Civil Complaint at the office of Magisterial District Judge Robert Manlove. 11. On October 10, 2005, MDJ Manlove entered judgment in favor of Mr. Duncan and against Defendants for the full amount sought by Mr. Duncan ($8,000 - which was the jurisdictional limit for complaints in the MDJ courts). 12. On or about November 2, 2005, Defendants appealed MDJ Manlove's judgment to this Court. 13. After the pleadings were closed, an arbitration hearing was scheduled for June 27, 2006. 14. At the scheduled arbitration hearing, Defendants revealed, for the first time, that they were debtors in a Chapter 13 bankruptcy case pending in the United States Bankruptcy Court for the Middle District of Pennsylvania. 15. While the Defendants' bankruptcy petition was filed prior to the execution of the Contract, and despite the fact that the claims in this case were not a part of the Defendants' bankruptcy case, the automatic stay provided for in the Bankruptcy Code prevented Mr. Duncan from proceeding in this case. 3 16. Furthermore, because Mr. Duncan's initial attorney, Stanley Laskowski ("Mr. Laskowski") was law partners with the Chapter 13 Trustee who was administering Defendants' bankruptcy case, Mr. Duncan was required to hire new counsel to prosecute this case. 17. As a consequence, Mr. Duncan incurred additional attorney's fees that he would otherwise not have had to incur. 18. By April 2008, the Defendants' bankruptcy case had been completed such that Mr. Duncan could proceed in this case. 19. However, due to nonpayment of his fees, the Defendants' attorney, Timothy Nieman, filed a Petition to Withdraw his appearance in this case. 20. After Mr. Nieman's Petition was fully resolved (and his appearance withdrawn), Mr. Duncan listed this case for another arbitration hearing, which took place on, October 29, 2008. 21. The Board of Arbitrators filed their decision in favor of Mr. Duncan on October 30, 2008, after which, the Defendants filed an appeal and demanded a jury trial. 22. On December 29, 2008, Mr. Duncan filed his Praecipe for Listing Case for Trial. 23. At the Pre-Trial Conference on March 25, 2009, the Defendants identified a fact witness and an expert witness, whom Mr. Duncan had not previously been aware would testify, that the Defendants intended to call at trial. 24. As a consequence of these two witnesses and Mr. Duncan's and counsel's need to prepare for trial, the parties agreed to remove this case from the April 2009 trial term and to re-list it for the term beginning on June 29, 2009. 4 25. Mr. Duncan timely filed his Praecipe for Listing Case for Trial for the June 2009 trial term, and another Pre-Trial Conference was held on June 10, 2009. 26. Trial commenced on June 29, 2009. 27. On June 30, 2009, a, the jury delivered its verdict in this case, in which it found that a. The Defendants had materially breach the Contract; b. Mr. Duncan fully performed his obligations under the Contract; and c. Mr. Duncan was entitled to recover his full claim of $8,484.001 . 28. For the reasons set forth below, Mr. Duncan files this Post-Trial Motion seeking the attorney's fees, legal costs and expenses he incurred in the prosecution of this case and interest to which he is entitled. Mr. Duncan is entitled to Recover the Attorney's Fees Legal Costs and Expenses He Incurred in this Case 29. Paragraph 16 of the Contract states: In the event of default by [Defendants] or it becomes necessary for [Mr. Duncan] to turn this matter over to . . . [Mr. Duncan's] attorneys for collection and/or enforcement of the terms and conditions of this Agreement, [Defendants agree] to pay all fees, costs and expenses of collection, including, but not limited to, . . reasonable attorney's fees, court costs and expenses, as are incurred by [Mr. Duncan] for such collection or enforcement. 30. In his Complaint, Mr. Duncan set forth his right to recover, and sought, attorney's fees, court costs and expenses. See Complaint, ¶¶ 17 - 18, 25 and the applicable "Wherefore" clause. 1 In addition to the Balance Due, the jury awarded a five percent late fee that was provided for in the Contract. 5 31. Under Pennsylvania law, attorney's fees, cost and expenses can be awarded when the parties provide for them in their contract. Merlino v. Delaware County, 556 Pa. 422, 425, 728 A.2d 949, 951 (1999). 32. As a general rule, legal fees are calculated for legal services provided on an hourly basis by multiplying the number of hours reasonably expended by the reasonable hourly rate. Signora v. Liberty Travel, Inc., 886 A.2d 284, 293 (Pa.Super., 2005). 33. To determine the reasonableness of an attorney's fees, courts consider the fees customarily charged in the locality for similar legal services, the time and labor required, the amount involved2 and the results obtained, and the experience, reputation, and ability of the lawyer performing the services. See, e.g. Pennsylvania Rule of Professional Conduct, Rule 1.5. 34. When a contract provides for attorney's fees to a prevailing party in a case of a breach, a post-trial motion is the proper means for collecting such fees. See, De Lage Laden Financial Services, Inc. v. Rozentsvit, 939 A.2d 915 (Pa.Super., 2007). In De Lage, the Court stated: legal fees were not an element of the damages which [the plaintiff] had to prove at trial as part of its breach of contract case. Rather, the contractual remedy of `reasonable collection and legal costs' was due [to the plaintiff] upon the court's finding of default. . . . the right to counsel fees arose as a function of the favorable verdict in the underlying action. . . . Moreover, we agree with [the plaintiff's] assertion that `[h]aving attorney's fees decided upon application after trial presents a common sense approach . . . and preserves judicial economy by avoiding additional trial time with witnesses on attorney's fees 2 However, a Court may not lower a fee simply because the amount in controversy is small. Rather, the Court should consider the amount in controversy as compared to the amount actually recovered (i.e., the overall result), and should consider the quality of the work performed. Signora, 886 A.2d at 289 - 293. 6 prior to having determined whether a party is prevailing, thereby entitling such party to fees.' Id. at 924 - 925 (including footnote 5). 35. The jury's verdict in this case established that Defendants were in default of the Contract. 36. As a matter course, then, it follows that Mr. Duncan is entitled to recover his legal fees, costs and expenses. Mr. Laskowski's Representation 37. As stated above, Mr. Duncan's initial attorney in this case was Mr. Laskowski. Mr. Laskowski represented Mr. Duncan from approximately November 14, 2005 through June 27, 2006, after which time, Mr. Laskowski withdrew his appearance due to a conflict of interest because his law partner was the Chapter 13 Trustee who was administering the Defendants' bankruptcy case. See Exhibit B, attached hereto and incorporated herein by reference as if fully set forth, which is an Affidavit of Mr. Laskowski (the "Laskowski Affidavit") regarding his representation of, and billings to, Mr. Duncan in this case 38. During the course of his representation of Mr. Duncan in this case, Mr. Laskowski billed Mr. Duncan for legal fees in the amount of $2,060.00. See, Laskowski Affidavit. 39. During the course of his representation of Mr. Duncan, Mr. Laskowski billed Mr. Duncan $99.00 for reimbursement of legal costs and expenses. See, Laskowski Affidavit. 40. Mr. Laskowski's fees, costs and expenses totaled $2,159.00. 41. Mr. Laskowski's fees, costs and expenses were reasonable. 7 Mr. Williams' Representation 42. Steven M. Williams, Esquire began his representation of Mr. Duncan in August 2006 (when he was affiliated with the law firm Wix, Wenger & Weidner, PC), after Mr. Laskowski's conflict was discovered, and was the attorney who took this case to trial. See Exhibit C, attached hereto and incorporated herein by reference as if fully set forth, which is an Affidavit of Mr. Williams (the "Williams Affidavit") regarding his representation of, and billings to, Mr. Duncan in this case 43. During the course of his representation of Mr. Duncan in this case, Mr. Williams billed Mr. Duncan for legal fees in the total amount of $32,039.50. See, Williams Affidavit. 44. During the course of his representation of Mr. Duncan, Mr. Williams billed Mr. Duncan $988.65 for reimbursement of legal costs and expenses. See, Williams Affidavit. 45. Mr. Williams' fees, costs and expenses totaled $33,028.15. 46. Mr. Williams' fees, costs and expenses were reasonable. Mr. Duncan's Request for Fees Costs and Expenses is Reasonable 47. Notwithstanding the relatively small amount in controversy ($8,080.00), this case involved full-blown litigation, including pleadings, investigation, discovery, two arbitration hearings, two Pre-Trial Conferences, and a jury trial. 48. Despite the relatively small amount in controversy, Mr. Duncan's lawyers were forced to litigate this case to the fullest extent to prosecute Mr. Duncan's interests. 8 49. Mr. Duncan's lawyers were seasoned practitioners; Mr. Laskowski has been practicing for over 26 % years, and Mr. Williams has been practicing for over 17 '/2 years. 50. The hourly rates charged by Mr. Duncan's lawyers, and the time they expended prosecuting this case, were reasonable. Furthermore, the legal costs and expenses paid by Mr. Duncan to his lawyers were reasonable. 51. At various stages in this case, Defendants' actions caused Mr. Duncan to incur ever- increasing legal expenses: For example, (1) they did not reveal until the first arbitration hearing that they were in bankruptcy; (2) while they could have paid the MDJ award in the fall of 2005, Defendants chose to appeal; (3) while on several occasions, they could have settled with Mr. Duncan, Defendants refused and chose to proceed to trial; (4) at the first Pre-Trial Conference, Defendants revealed that they would have one fact witness and one expert witness of whom Mr. Duncan was not previously aware, which required that the trial be postponed and further investigation and a deposition take place; (5) despite Mr. Duncan's repeated suggestions that this case be tried by a judge, the Defendants insisted on having a jury trial. Mr. Duncan is Entitled to Pre-Judgment an d Post-Judgment at the Rate Set Forth in the Contract 52. In contract cases, prejudgment interest is awardable as of right. Fernandez v. Levin, 519 Pa. 375, 379, 548 A.2d 1191, 1193 (1988); Gold & Co. Inc. v. Northeast Theatre Corp., 281 Pa.Super. 69, 76, 421 A.2d 1151, 1154 (1980). 9 53. In claims that arise out of a contractual right, interest has been allowed at the rate provided for in the parties' contract from the date that payment was wrongfully withheld, where the damages are liquidated and certain, and the interest is readily ascertainable through computation. Fernandez v. Levin, 519 Pa. at 379, 548 A.2d at 1193; Pittsburgh Construction Co. v. Griffith, 834 A.2d 572, 590 (Pa.Super. 2003). 54. In this case, the Contract provides for interest at the rate of 18% per annum. 55. Interest must be awarded notwithstanding good faith of the parry contesting the claim. Metropolitan Edison Co. v. Old Home Manor, Inc., 334 Pa.Super. 25, 30, 482 A.2d 1062, 1064 (1984); Gold & Co., Inc., 281 Pa.Super. at 76, 421 A.2d at 1154. 56. A trial court may mold a jury verdict to include interest owed, even when the issue is not submitted to the jury, and has the authority to increase the verdict by the amount of interest that is due. See Com. to Use of Walters Tire Service, Inc. v. National Union Fire Insurance Company, 434 Pa. 235, 242, 252 A.2d 593, 596 (1969); Metropolitan Edison, 334 Pa.Super. at 31, 482 A.2d at 1065; Thomas v. Allegheny & Eastern Coal Co., 309 Pa.Super. 333, 341, 455 A.2d 637, 641 (1982). 57. The jury found that Defendants breached the Contract by failing to pay the amounts owed to Mr. Duncan, which Mr. Duncan testified, without challenge or rebuttal, were due in January 2005, and it awarded Mr. Duncan the full amount of his claim, $8,484.00. 58. Accordingly, the date of Defendants' breach was January 2005. 10 59. Accordingly, Mr. Duncan is entitled to pre judgment interest at the rate of 18% per annum from January 2005 on the Balance Due, i.e., $8,484.00, to the date of the jury's verdict, which is $6,872.04. 60. For the purposes of computing post judgment interest, judgment and verdict are synonymous, and the date from which post judgment interest accrues is the date of verdict, not the date on which judgment is finally entered. See Incollingo v. Ewing, 474 Pa.Super. 527, 537, 379 A.2d 79, 84 (1977); Kessler v. Old Guard Mutual Insurance Company, 391 Pa.Super. 175, 179, 570 A.2d 569, 572 (1990); Osial v. Cook, 803 A.2d 209, 215 (Pa.Super. 2002). 61. Where the amount of the verdict is adjusted upward by the trial court, post judgment interest begins to run on the adjusted amount from the date of the verdict. Johnson v. Singleton, 442 Pa.Super. 206, 209, 658 A.2d 1372, 1374 (1995). 62. Thus, Mr. Duncan is entitled to post judgment interest at the rate of 18% per annum from June 30, 2009, the verdict date, on the amount of the jury's verdict as molded by this Court to include pre judgment interest and attorney's fees, costs and expenses. 11 Conclusion 63. As the prevailing party in this action, Mr. Duncan is entitled to reasonable attorneys' fees, legal costs, expenses and pre judgment interest as follows: Attorneys' Fees $34,099.50 Legal Costs and Expenses $ 1,087.65 Pre-Judgment Interest 6,872.04 Total: $42,059.19 together with post judgment interest at the rate of 18% per annum (which equates to $24.93 per day) on the molded verdict from June 30, 2009. Trial Transcript 64. Mr. Duncan does not believe that any portion of the trial transcript is necessary to the disposition of this Motion, and thus does not designate any portions thereof to be transcribed. WHEREFORE, Mr. Duncan respectfully requests that this Honorable Court grant this Post-Trial Motion and mold the jury's verdict to include attorney's fees in the amount of $34,099.50, legal costs and expenses in the amount of $1,087.65, pre judgment interest in the amount of $6,872.04 and post judgment interest at the rate of 18% per annum from June 30, 2009 on the molded verdict (which equates to $24.93 per day). 12 Respectfully Submitted, Date: 11$1 p? Cohen & Furman, PC By: PA I.D. #62051 AwinnamsUwconensegnas.com 240 North Third Street, 7`h Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 13 EXHIBIT A HOME-IN-HAND J Home Maintenance and Repair Services 2b r 1 RANDY DUNCAN - Owner Insured and Bonded BID HOME-IN-HAND HOME MAINTENANCE AND REPAIRS u R THIS AG?RE EM(NT, ?rlgade th, i-b de f Nc?* S 20 by and between i ?{- L/kJV r--Pt- , ereinafter called "Owner", and RANDY DUNCAN, t/a HOME-IN-HAND HOME MAINTENANCE AND REPAIRS, of 109 Fawn Court, Harrisburg, Pennsylvania 17110, hereinafter called "Contractor". Contractor and the Owner, in consideration of mutual promises herein made, agree as follows: 1. Scope of Work: Contractor submits the following specifications (see attached work order form) and shall furnish all materials not provided by Owner,, unless specified, and perform all labor as it pertains to the work, maintenance and repairs to e p ormed on the propei-ty 7a 2 ?t?tizr?'t w?o tea. J c 4, M P t101 1 It. Contract Price: Contractor proposes to furnish materials and labor in accordance with the above specifications for a total estimate of $?a%t,?? s6?. A1D (Does not include options, ex- tras or additional required work.) Material prices are subject to change without notice. This Agreement may be withdrawn by Contractor if not accepted within thirty (30) days. The commencement.of work shall be at the discretion of the Contractor for contracts executed by Owner and received by Contractor more than thirty (30) days after the date written above and the time to commence work as set.forth in Section IV below shall not be applicable. Ili. Payment: Payment is to be made by Owner to Contractor as follows: $ Down Payment OF $Upon Commencement of Job 1._ $ Draw #1 on 2._ Draw #2 on 3 $ Draw #3 on 4, $ Balance Upon Completion. All IV. Time for Completion: The work to be performed under this Agreement shall begin on or about 30-120 days after receipt of an accepted agreement, and the Contractor shall continue to proceed with such work until completed, without delay. Allowance shall be made for any adverse weather conditions, changes, change orders, alterations, unavailability of materials or extras which may prohibit Contractor from performing services; such time lost shall be added to any time originally estimated or agreed upon for completion of the services to be provided by Contractor. Due to the nature of the work, where no comple- tion date is specified, no verbal agreements as to completion are binding upon Contractor. V. Additional Terms and Conditions: Owner and Contractor agree to and accept all general terms and conditions on the reverse side of and attached to this Agreement, and the Contractor is authorized to begin al CONTR OWNEF OWNEI Date /-5- Date D a t 6 Giving you the time to do what's really important. 109 Fawn Court Harrisburg, PA 17110 It (717) 545-2200 )ft (717) 730-7800 mQ IN WITNESS WHEREOF, the parties have executed this Agreement the day and veer written E- ,t i '1. General Terms and Conditions: 1. Contractor shall complete all work in a good and workmanlike manner. Materials furnished by Contractor shall be of good and commercially reasonable quality. Materials furnished by Contractor are to be new unless specified otherwise by Owner, and If exact items as set forth in the Scope of Work or specifications of Owner cannot be obtained or provided, Contractor shall have the right to substitute reasonable comparable items. All materials used will be standard stock materials, unless otherwise specified, and will match existing materials within reasonable tolerance as to color, texture, design, quality, etc. Contractor, however, is not responsible or liable for, nor provides any warranty for, any materials specifically provided by Owner to Contractor for use by Contractor. 2. Payment: Payments are to be made by Owner according to the agreed aforementioned schedule. Payments not received on schedule will result in work stoppage. Work will resume upon receipt of payment and an opening Contractor's schedule. Late payments of any amount set forth in Section III, shall be subject to a late fee of 5%. Owner agrees to pay interest on delinquent payments to accrue at the rate of One and One-half (1 1/2%) percent per month thereafter. Owner agrees to pay interest on delinquent payments to accrue at the rate of one and one-half percent (1 in%) per month, accruing after completion of work or termination of project, whichever shall first occur. 3. All change orders shall be in writing and signed by both Owner and Contractor. Any alterations or deviations from the above specifications involving extra costs will be executed only upon written change order between Owner and Contractor and will become an extra charge over and above the contract price, due and payable upon execution of the Change Order. 4. Special or custom order materials provided by Contractor shall be deemed non-returnable by Owner and the cost thereof non-refundable in any event, including, but not limited to, cancellation or termination of this Agreement Owner agrees to pay Contractor, in advance upon request of Contractor, the cost of special or custom order materials to be provided by Contractor. S. Any cancellation, rescheduling, termination of work and services of Contractor, work stoppage requested of Contractor by Owner or change order after commencement of this Agreement shall be made by Owner, providing no less than forty-eight (48) hours prior written notice of such request to Contractor. Owner agrees to pay as an extra fee In addition to the contract price the time lost by Contractor at the rate of up to $300 per day to be determined by Contractor, for each person scheduled to provide work and services pursuant to this Agreement, If notice is not timely provided by Owner to Contractor. In the event that payment is not received timely by Contractor as required by this Agreement, or any work stoppage results due to any non-payment or default to perform under the terms of this Agreement by Owner, Owner agrees to pay as an extra and additional charge to the contract price, the time lost Contractor at a rate of up to $300 per day to be determined by Contractor for each person scheduled to provide work and services. 6. Contractor warrants that he is adequately insured for injuries to his employees. Contractor shall be considered an independent contractor with respect to that part of the work he has undertaken to perform. 7. Owner shall be responsible for the removal of all debris, unless otherwise specified. S. Contractor shall not be liable for any losses nor for any delay due to circumstances beyond his control, including strikes, inclement weather, acts of God, casualty, general unavailability of materials or stoppage of work by public authority not due to any fault of the Contractor. 9. Ali materials delivered upon and provided to the premises by Contractor shall remain in the property of the Contractor until incorporated into the premises and the Contractor receives payment All tools and equipment furnished by Contractor shall be deemed to be and remain the property of the Contractor or any subcontractors employed by him. 10. It shall be the responsibility of the Owner to arrange for and secure, at Owner's cost, if any, all required permits, fees or licenses, unless expressly specified otherwise within Contractor's Scope of Work or Change Order. 11. All repairs, replacements or additions authorized and provided herein relate to the specifications of the scope of work appended to this Agreement or as set forth In Article I hereof and do not cover pre-existing deficiencies, hidden, unknown or unforeseen conditions, unless specifically stated. Contpolo r is not responsible or liable for pre-existing deficiencies, for material, labor or other services provided by Owner or any Individuals o r n the Contractor. The completion of work by Contractor is not to be deemed an acceptance by the Contractor of any such work, materials or services provided by the Owrter or contractor(s) or subcontractor(s) of Owner. For purposes of this agreement, Owner is deemed to have fully accepted all labor, materials and services provided by any workman, contractor(s) or subcontractor(s) other than Contractor hereunder or his employees, as well as the condition of the premises orrthe date of the commencement of services by Contractor hereunder. 12. All painting of existing services is estimated to return the existing paint surfaces to the same color. Any changes in color or in type of material will be done at extra cost to the Owner. 13. Contractor may display on the premises a temporary advertising sign identifying Contractor, while work is in progress, subject to applicable governmen- tal regulations. 14. The contract price is based upon the completion of the work during normal working hours, and the Owner agrees to provide access to the job site and premises at all times as required for completion of the work by Contractor. Owner's telephone and utilities are to be made available to Contractor's personnel during the course of work. Access instructions to the premises by Owner are as follows: Owner agrees to pay such additional charges at Contractor's customary rate of up to $300.001day per person for time lost to Contractor during normal working hours for Owner's failure to provide access to the premises, proper work directions and Instructions, required materials or Owner's failure to complete its own work, if any. 15. Contractor is not responsible for the removal, security or storage of any personal or other property of the Owner on the premises or job site area, including but not limited to, theft, disappearance of or damage to such items unless specifically agreed otherwise. Owner is responsible for the removal, security and storage of all personal and other property from the job site and affected work areas unless specifically agreed other wise with the Contractor. 16. In the event of default by Owner or it becomes necessary for Contractor to turn this matter over to a collection agency or service or Contractor's attorneys for collection and/or enforcement of the terns and conditions of this Agreement, Owner agrees to pay all fees, costs and expenses of collection including, but not limited to, collection agency fees, reasonable attomeys' fees, court costs and expenses, as are incurred by Contractor for such collection or enforcement. 17. Contractor has no responsibility for any additional work or services performed under any agreement between the property Owner and the workmen, tradesmen or subcontractors of the Contractor. 18. NO WARRANTIES EXPRESS OR IMPLIED, ARE BEING PROVIDED, EXCEPT AS PROVIDED OTHERWISE SPECIFICALLY HEREIN. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED AND 00 NOT APPLY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND HABITABILITY. 19. Any right of action or defense arising out of the transaction which gave rise to this contract which Owner has against Contractor shall be cut off by assignment of this contract to any third person if the assignee gives notice of the assignment to Owner as provided In Section 208 of the Home Improvement Finance Act of Pennsylvania and within fifteen (15) days of the mailing of such notice receives no written notice of the facts giving rise to the claim or defense of the Owner. 20. In the event this Agreement is deemed to be a consumer credit contract, the following Notice is provided NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSE WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS AND SERVICES OBTAINED BY THE DEBTOR SHALL NOT EXCEED THE AMOUNT PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: (1) DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED- IN COPY OF THIS CONTRACT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND, UNDER CERTAIN CONDITIONS, TO OBTAIN A PARTIAL REFUND OF FINANCE CHARGES. (4) YOU MAY RESCIND THIS CONTRACT SUBJECT TO LIABILITY FOR ANY LIQUIDATED DAMAGE PROVISION THEREOF AUTHORIZED BY LAW NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE HEREOF BY GIVING WRITTEN NOTICE OF RESCISSION TO THE CONTRACTOR AT HIS PLACE OF BUSINESS GIVEN IN THE CONTRACT, BUT IF YOU RESCIND AFTER MIDNIGHT ON THE THIRD BUSINESS DAY FOLLOWING, YOU ARE STILL ENTITLED TO OFFER DEFENSES IN MITIGATION OF DAMAGES AND TO PURSUE ANY RIGHTS OF ACTION OR DEFENSES THAT ARISE OUT OF THE TRANSACTION. initial BID Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Kurt & Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Work Order/Proposal July 29, 2004 5 th Revision Description: Repair damage caused by automobile accident. Inspection: The inspection for this estimate was non-invasive. At the time of inspection, no access to the attic was available. Certain minimum assumptions have been made. This estimate provides for additional work to establish a usable access for the purpose of inspecting the truss system of the Family Room. A supplement can be expected for any additional required repair work. Any additional undiscovered or required repair work related to the project is to be completed on a time and material rate of $50.00/hour. Qualifying information: This estimate is valid for thirty days. All measurements are approximate. All measurements are in feet. Work is to take place during regular work hours, (7am-7pm) and days, (M-F). All choices must be made prior to start of work. All paint to be applied to be top quality Duron. Wall & ceiling paint finish is to be flat. Ceiling paint color is to be 914 white. Trim paint finish is to be semi-gloss. Colors are required to be neutral. (Trim & wall paint choices are required.) Work will begin with preparatory work proceeding in all rooms.simultaneously. Includes moving & protecting most contents. Contractor is not responsible for moving oaudio/visual equipment, antiques or collectibles. Any additional undiscovered or required repair work related to the project is to be completed on a time and material rate of $50.00/hour. A separate detailed invoice will be provided. This project will be completed in three phases. At a total cost of $56,565.00 Phase One Scope of Work: General Apply for permits. (Initial application only. Requests for additional information will be billed separately.) Provide estimate & initial consultation. Purchase & deliver materials tools & equipment. Remove, reset & protect contents & unaffected areas. Daily cleaning of work area. Remove debris from premises. Haul & dump debris. Clean affected area upon completion. Exterior: Rear: **Remove 20LF downspout ** Remove 65LF gutter. **Remove 65LF soffit & fascia. **Remove 35 LF 1x6 fascia board **Install 35 LF fascia board. **Install 65LF soffit & fascia. **Install 65LF gutter. **Install 20 LF downspout Page one of four Where You Turn When You Need To Trust Your Home In Someone Elses Hands - HOME IN HAND nn r,...., r.....r ldtf u?..c?ti....... DA 171 in #( r3k-.-. I- ?..- t«?A .---• --- - --- Ho ME-IN-HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded **Exterior left: **Remove 32LF soffit & fascia. **Remove 32 LF 1 x4 rake board **Install 32 LF 1x4 rake board. **Install 32LF soffit & fascia. Exterior: Right Side: Remove storm door Install single door w/stain grade jamb & casing. (Allowance $600.00) Install door hardware. (Allowance $125) Stain & polyurethane French door **Remove 32LF soffit & fascia. **Remove 32 LF I x4 rake board **Install 32 LF 1x4 rake board. **Install 32LF soffit & fascia. **Remove motion sensor spot light on gable end **Remove 140 SF T-I 1 I wall panel on gable L1 **Install 140 SF T-11 l wall panel on gable **Install motion sensor light on gable end. Exterior: Front: **Remove IOLF downspout ** Remove 65LF gutter. *Remove 65LF soft & fascia. **Remove 35 LF 1 x6 fascia board **Install 35 LF fascia board. *Install 65LF soffit & fascia. **Install 65LF gutter. "Install 10 LF downspout Remove 6 pair vinyl shutters. Remove 14LF molding. Install 14LF molding. /J Install 104 SF T-l 1 l wall panel. **Roof.- 65x28: **Remove all electric service related to the removal of roof truss system & establish temporary service. **Remove 2080 SF shingles & roof felt. (Accounts for a single layer roof) **Remvoel40 SF sheathing on right gable end. **Remove 980 SF roof sheathing. **Remove 980 SF 16 OC 5x 12 roof trusses. **Install 980 SF 16 OC 5x12 roof trusses. **Install 980 SF 5/8" 0S13 roof sheathing. **Install 140 SF %:" OSB on gable end. **Install 130LF weather shield. **Install 2080 SF roof felt. **Install 194LF drip edge **Install 2080 SF 25yr three tab shingles. **Install 61LF ridge vent **Install 65LF cap shingles for ridge. **Reestablish all electric service. Page two of four Where You Turn When You Need To Trust Your Hoene In Someone Elses Hands - HOME IN HAND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded **The removal of the roof assembly will expose the finished living area to the elements. No guarantee of consequential damages can be made during this phase of construction. All efforts will be made to plan around and control damage from inclement weather. Family Room: Interior Front Wall 13x8 Remove & reinstall baseboard heat. Temporarily support exterior wall. Remove temporary emergency work framing. Remove temporary emergency work insulation Install new 104 SF 2x4 16 OC framing with two window openings. Install 104 SF R-13 Kraft faced insulation. Install two high-grade double hung vinyl windows. (Allowance $300.00ea) Family Room/Kitchen wall. 25x9 Remove two sections of baseboard heat. Remove 25LF base trim. Remove %" 184 SF plywood Family room side. Remove 258 SF painted wall panel, Kitchen side. Remove 516 SF drywall (Both sides) Remove & reinstall 4 outlets & switches Family Room 25xl3x8 *Remove 325 SF of drywall ceiling. ** Remove 325SF aluminum soffit above drywall. **Remove 325SF 2x6 ceiling joists **Install 325SF 2x6 ceiling joists Remove carpet & pad Remove ceiling fan. Kitchen/Living Room & Hall & Hall Area: 25xI7x10 Offset: 3x12x8 Offset: 3x16x8 Remove light fixture. Remove four recessed light fixtures. Remove track light. Protect contents and unaffected structure. Includes 552 SF carpet pad. Remove 561 SF Drywall ceiling. Remove 561 SF R-30 ceiling insulation. Install temporary rafter support, two sections, and one on each side. Remove I OLF of bulkhead. Remove painted wall panel from bulkhead. Remove drywall from bulkhead. Move Lally column. Remove temporary support. --Install 561 SF R-30 ceiling insulation. Phase one $39,740.00 Page three of four Where You Turn When You Need To Trust Your Home In Someone Elses Hands - HOME IN HAND .nn r_.___ i-_..- A t-:_L..__ n• 11- 16 nt. _..__ f-% cwt 11- ? ? r_._ .-.. - «.. ---- oME- IN- AND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Phase Two -December 2004/January 2005 Scope of Work: General Apply for permits. (Initial application only. Requests for additional information will be billed separately.) Provide estimate & initial consultation. Purchase & deliver materials tools & equipment. Remove, reset & protect contents & unaffected areas. Daily cleaning of work area. Remove debris from premises. Haul & dump debris. Clean affected area upon completion. Protect contents and unaffected structure. Includes 552 SF carpet pad. Exterior Right: J Install new full light storm door. (Allowance $300.00) J **Install motion sensor light on gable end. - Exterior: Front: Install 8 pair vinyl shutters. Family Room Remove 72LF base trim Install 72LF base trim Prime & paint 72LF base trim. *Prime & paint 325SFceiling *Prime & paint 608SF walls. Prime & paint 6 window & three door trim. *Install Sliding glass door. (Allowance $800.00) Reinstall ceiling fan (If retrofit parts are available with new ceiling slope) **Install & finish 325 SF %" drywall ceiling. Kitchen/Living Room & Hall & Hall Area. Reinstall light fixture. "--Install four recessed light fixtures. Reinstall track light. --Install 561 SF Drywall ceiling. Prime & paint 609 SF ceiling. Prime & paint 1054 SF walls. Prime & paint 121 LF base trim. Prime & paint eight door & nine door trim. Phase Two $14,235.00 Page three of four Where You Turn When You Need To Trust Your Home In Someone Elses Hands - HOME INHAND ...a - -.._.-- A% .,__._L...._ - .-... +AR f L ---. I-- --- . --- 16 oME-ITT- ND Home Maintenance and Repair Services RANDY DUNCAN - Owner Insured and Bonded Phase Three - To be completed started in June 2004 - An adjustment may be required at this time due to increasing costs. Scope of Work: General Apply for permits. (Initial application only. Requests for additional information will be billed separately.) Provide estimate & initial consultation. Purchase & deliver materials tools & equipment. Daily cleaning of work area. Remove debris from premises. Haul & dump debris. Clean affected area upon completion. Protect contents and unaffected structure. Exterior: Rear: Clean, Prime and paint 104 SF T-11 I wall panel Clean, Prime and paint door trim. Clean, Prime and paint two window trim. Exterior Right: Clean, prime & paint two window trim. "Prime and paint 140 SF T-111 wall panel gable *Clean, Prime and paint 208 SF T-111 wall panel Clean, Prime and paint door trim. Exterior: Front: Prime & paint 14LF molding. Prime and paint 104 SF T-11 I wall panel. Prime & paint two window & one door trim. Phase three $2,510.00 Total Job $56,565.00 Draw Schedule Phase one Initial Deposit $8,800.00 paid Current balance $47,765.00 Draw #1 8/1604 $7,765.00 $40,000.00 Draw #2 Start $20,000.00 $20,000.00 (Approx. 8-30-04 to 9-13-04) Completion of Phase One Draw #3 $7,000.00 $13,000.00 Draw #4 Start Phase two $6,000.00 $6,000.00 Completion of Phase two Draw #5 $4,000.00 $2,000.00 Draw #6 Start Phase three. $1,000.00 $1,000.00 (Approx. June 2005) Completion of phase three Final payment. $1,000.00 $ 0.00 (Approx. June 2005) All extras a &-aif itio s are 6 ' ful pon request of the work. Owner Where You Turn When You Need To Trust Your flome An Someone Elses Hands - HOME IN HAND Inn G...... r?..K U?rr.c{.u r.. DA 171 1n Oi?n nn. /7171 CAr ten- EXHIBIT B RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. NO.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants CIVIL ACTION -LAW Affidavit Being duly sworn and according to law, Stanley J. A. Laskowski, Esquire, deposes and says: 1. I am an attorney licensed to practice in the Commonwealth of Pennsylvania, having obtained my license on November 9, 1982. I practice with the law firm of Caldwell & Kearns, P.C. and have since March 31, 1997. 2. Beginning in November 2005, I began representation of Randy Duncan ("Mr. Duncan") in this case. 3. At the time I began my representation of Mr. Duncan in this case, Mr. Duncan had been a long-time client of mine whom I regularly represented. As a consequence, I did not enter into a separate engagement letter with Mr. Duncan for this action. 4. Rather, Mr. Duncan and I agreed that I would handle this case on an hourly basis, based on the same terms and rate as my prior regular representation of Mr. Duncan. 5. From November 2005 through June 2006, which period encompassed the entire period of my representation of Mr. Duncan in this case, my hourly rate was $150.00. 6. In addition to the work that I performed for Mr. Duncan, Dana M. Wucinski, a law clerk in our firm, spent one hour preparing a draft complaint to be filed in this case. 7. The hours charged to Mr. Duncan in this case, which are fully reflected on the invoices attached hereto as Exhibit A, are as follows: Attorney Hours Hourly Rates Total Stanley J. A. Laskowski, Esquire 13.9 $150.00 $2,010.00 Dana M. Wucinski (law clerk) 1.0 $50.00 50.00 Total Fees: $2,060.00 (On invoice 43785 dated February 11, 2006, the number of hours was erroneously listed as 1.2, as opposed to 0.7; however the time charge on that invoice was correct.) 8. In addition to fees, I charged Mr. Duncan legal costs and expenses, which are also set forth on the attached invoices, totaling $99.00. Stanley J.A. L sl owski Sworn to and subscribed to before me, a Notary Public, this M day of J7'ui-?l , 2009. Notary Pub My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial SW Nancy L. Breski, Notary Public Susquehanna Twp., Dauphin County My Commission Expires March 10, 2012 Member, Pennsylvania Association of Notaries 2 EXHIBIT A #737064-v1 02137-0001 Phone: 717-232-7661 Randolph Duncan 109 Fawn Court Harrisburg, PA 17110 CALD WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Tax I.D. No. 23-2015480 RE: Mi scellaneous Business Payment Du e Upon Receipt DATE DESCRIPTION Nov-14-05 conference with client re: Underkofler claim Nov-21-05 Draft Complaint Nov-22-05 review client information, contract and related documents, revise complete complaint conference with client review complaint correspondence to Prothonotary; correspondence to T. Nieman - service of complaint Nov-23-05 proof and edit complaint for filing file complaint Totals DISBURSEMENTS Nov-23-05 Prothonotary - File Civil Complaint Totals Total Fees & Disbursements Total This Bill Fax: 717-232-2766 December 8, 2005 Matter 97253 Inv #: 43147 HOURS AMOUNT LAWYER 1.30 195.00 SAL 1.00 50.00 DMW 2.00 300.00 SAL 1.00 150.00 0.20 30.00 0.30 45.00 0.40 60.00 6.20 $830.00 55.50 $55.50 $885.50 $885.50 SAL SAL SAL SAL CALD WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Phone: 717-232-7661 Tax I.D. No. 23-2015480 Randolph Duncan 109 Fawn Court Harrisburg, PA 17110 Fax: 717-232-2766 January 11, 2006 Matter 97253 Inv #: 43484 RE: Miscellaneous Business Paymen t Due Upon Receipt DATE DESCRIPTION Dec-22-05 prepare Rule 237.1 ten day default notice; outgoing correspondence to T. Nieman Dec-29-05 receive and review Underkofler Answer with New Matter to complaint; outgoing correspondence to client Totals DISBURSEMENTS Copies Totals Total Fees & Disbursements Total This Bill HOURS AMOUNT LAWYER 0.30 45.00 SAL 0.30 45.00 SAL 0.6 $90.00 9.50 $9.50 $99.50 $99.50 CALD WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Phone: 717-232-7661 Tax I.D. No. 23-2015480 Fax: 717-232-2766 February 11, 2006 Randolph Duncan 109 Fawn Court Harrisburg, PA 17110 RE: Miscellaneous Business Payment Due Upon Receipt DATE DESCRIPTION Jan-03-06 prepare draft answer to New Matter Jan-10-06 Complete answer to new matter; email to client Totals Total Fees & Disbursements Matter 97253 Inv #: 43785 HOURS AMOUNT LAWYER 0.40 60.00 SAL 0.30 45.00 t20 $105.00 7,ri SAL Total This Bill CALD WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Phone: 717-232-7661 Tax I.D. No. 23-2015480 Fax: 717-232-2766 March 9, 2006 Randolph Duncan 109 Fawn Court Harrisburg, PA 17110 RE: Miscellaneous Business Payment Due Upon Receipt DATE DESCRIPTION Matter 97253 Inv #: 43953 HOURS AMOUNT LAWYER Feb-27-06 telephone call from client re: WC audit, 0.20 30.00 SAL Underkoffler Totals 0.20 $30.00 Total Fees & Disbursements $30.00 Total This Bill $30.00 CALD WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Phone: 717-232-7661 Tax I.D. No. 23-2015480 Fax: 717-232-2766 April 11, 2006 Randolph Duncan 109 Fawn Court Harrisburg, PA 17110 RE: Miscellaneous Business Payment Due Upon Receipt DATE DESCRIPTION Mar-13-06 Underkoffler - telephone call to Nieman re: listing for arbitration hearing Totals Total Fees & Disbursements Matter 97253 Inv #: 44298 HOURS AMOUNT LAWYER 0.20 30.00 SAL 0.20 $30.00 $30.00 Total This Bill $30.00 CALD WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Phone: 717-232-7661 Tax I.D. No. 23-2015480 Fax: 717-232-2766 May 9, 2006 Mr. Randoph Duncan Home-in-Hand 109 Fawn Court Harrisburg, PA 17110 RE: Litigation - Underkofler Payment Due Upon Receipt DATE DESCRIPTION Apr-25-06 correspondence to T. Nieman re: listing for arbitration; review Cumberland County notice and arbitration listing requirements Totals DISBURSEMENTS Copies Totals Total Fees & Disbursements Total This Bill Matter #: 06336-004 Inv #: 45029 HOURS AMOUNT LAWYER 0.30 45.00 SAL 0.30 $45.00 0.50 $0.50 $45.50 $45.50 CALD WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Phone: 717-232-7661 Tax I.D. No. 23-2015480 Fax: 717-232-2766 June 9, 2006 Mr. Randoph Duncan Home-in-Hand 109 Fawn Court Harrisburg, PA 17110 Matter 06336-004 Inv #: 45495 RE: Litigation - Underkofler Payment Due Upon Receipt DATE DESCRIPTION HOURS AMOUNT LAWYER May-02-06 telephone call from T. Nieman - approval to list 0.10 15.00 SAL for arbitration prepare petition for appointment of arbitrators; 0.30 45.00 SAL correspondence to prothonotary May-19-06 receive order appointing arbitrators; 0.20 30.00 SAL correspondence to client May-31-06 telephone call to R. Frey re: hearing schedule; 0.10 15.00 SAL email to client Totals 0.70 $105.00 DISBURSEMENTS Copies 6.00 May-04-06 File Petition-Appt. Arbitrators 15.00 Totals $21.00 Total Fees & Disbursements $126.00 Total This Bill $126.00 Phone: 717-232-7661 Mr. Randoph Duncan Home-in-Hand 109 Fawn Court Harrisburg, PA 17110 CALD WELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Tax I.D. No. 23-2015480 RE: Litigation - Underkofler Payment Due Upon Receipt DATE DESCRIPTION Fax: 717-232-2766 June 26, 2006 Matter 06336-004 Inv #: 45673 HOURS AMOUNT LAWYER Jun-23-06 conference with client; preparation for hearing. 1.00 150.00 SAL Jun-26-06 preparation for arbitration hearing 1.50 225.00 SAL Jun-27-06 attendance at arbitration hearing 3.00 450.00 SAL Totals 5.50 $825.00 DISBURSEMENTS Copies 12.50 Totals $12.50 Total Fees & Disbursements Total This Bill $837.50 EXHIBIT C # 73 6766-v 1 02137-0001 RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.: 05-5689 KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants CIVIL ACTION -LAW Affidavit Being duly sworn and according to law, Steven M. Williams, Esquire, deposes and says: 1. I am an attorney licensed to practice in the Commonwealth of Pennsylvania, having obtained my license in November 1991. I practiced with the law firm of Wix, Wenger & Weidner, PC ("WWW") from 1991 through January 2007, and have been with my current firm, Cohen Seglias Pallas Greenhall & Furman, P.C. ("CSPG&F") since February 1, 2007. 2. Beginning in July 2006, I began representation of Randy Duncan ("Mr. Duncan") in this case. 3. At the time I began my representation of Mr. Duncan in this case, Mr. Duncan signed an engagement letter, a true and correct copy of which is attached hereto as Exhibit A. 4. Mr. Duncan and I agreed that I would handle this case on an hourly rate basis based on WWW's prevailing hourly rates. 5. After I moved my practice to CSPG&F, Mr. Duncan signed another engagement letter (which erroneously references a "Koppenhaver" claim), a true and correct copy of which is attached hereto as Exhibit B. 6. At that time, Mr. Duncan and I agreed that I would handle this case on an hourly rate basis based on CSPG&F's prevailing hourly rates. 7. The hours charged to Mr. Duncan in this case, which are fully reflected on the invoices that are attached hereto as Exhibit C, are as follows (segregated by law firm): Wix, Wenger & Weidner Attorney Hours Hourly Total Charge Steven M. Williams, Esquire 8.9 $210.00 $1,869.00 Stephen J. Dzuranin, Esquire 0.9 $210.00 $ 189.00 Denise Williamson (paralegal) 6.2 $ 80.00 $ 496.00 Stephen Smith, Esquire (associate) 10.1 $140.00 $1,414.00 Stephen Smith, Esquire (associate) 0.7 $125.00 $ 87.50 Less Discretionary Adjustment in October 2006 $ 750.00 Total WWW Fees: $3,305.50 Cohen_Seglias Pallas Greenhall & Furman, P.C. Attorney Hours Hourly Rate Total Charge Steven M. Williams, Esquire 1.9 $250.00 $ 475.00 Steven M. Williams, Esquire 17.0 $270.00 $ 4,590.00 Steven M. Williams, Esquire 82.9 $285.00 $23,626.50 Michael L. Solomon, Esquire .1 $225.00 $ 22.50 Alison A. Zortman (Admin) .2 $100.00 20.00 Total CSPG&F Fees: $28,734.00 2 8. In addition to fees, I charged Mr. Duncan legal costs and expenses, which are set forth on the attached invoices, totaling $988.65 ($82.02 to WWW; 6.63 to CSPG&F). Steven M. Williams Sworn to and subscribed to before me, a No Public, this_? day of , 2009. Notary P lic My Commission Expires: AMiM? Mlr 3 EXHIBIT A RICHARD H. WIX THOMAS L. WENGER DEAN A. WEIDNER STEVEN C. WILDS THERESA L. SHADE WIX DAVID R. GETZ STEPHEN J. DZURANIN STEVEN M. WILLIAMS JEFFREY C. CLARK PETER G. HOWLAND STEPHEN P. SMITH KATHRYN L. WIX Also Member Massachusetts Bar WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 FAX (717) 234-4224 www.wwwpalaw.com August 2, 2006 Mr. Randolph Duncan Home-in-Hand 109 Fawn Court Harrisburg, PA 17110 Re: Duncan v. Underkofler Cumberland County No. 05-5689 Dear Randy: 4705 DUKE STREET HARRISBURG, PA 17109-3099 (717) 652-8455 I have reviewed the materials that Stan Laskowski forwarded and am willing to handle this case for you. As required by Pennsylvania's Rules of Professional Conduct, this letter will confirm that we have agreed to represent you in the above-referenced matter and sets.forth our fees and billing practices. 1. Our fees for professional services will be substantially based on the number of hours spent by professional personnel or other staff members operating under the supervision of attorneys, unless circumstances dictate otherwise. The hourly rates for our staff are based upon their expertise and experience. Currently, our hourly billing rates range from $140.00 to $265.00 for attorneys, $45.00 to $90.00 for paralegals, and $95.00 for law clerks. My current rate is $210.00 per hour. Rates are reviewed periodically and may increase during the course of our representation. We will advise you of any increase. Other factors also may be considered in determining our fee, including the result accomplished, the time schedule imposed or by the circumstances of the matters at issue, the tasks to be performed and the skills requisite to fulfill those responsibilities, the amounts involved and the results obtained, and the novelty or complexity of the issues. WIX, WENGER & WEIDNER Mr. Randolph Duncan August 2, 2006 Page 2 2. Our firm has the ability to send and receive correspondence and files by electronic mail (email). We believe that there is a reasonable expectation of privacy in the use of email. We believe that the use of email will not generally compromise client confidentiality. If you do not wish us to communicate through electronic mail, please notify us in writing. 3. Typically, we send monthly invoices of legal fees. Our invoice may also include a charge for costs which we incur or disbursements we make in performing legal services, including filing fees and charges for photocopies, long distance and mobile telephone calls, telecopies (fax), messenger service, travel, computer research, and the like. With respect to disbursements incurred to vendors and other third-parties for incidental expenses (such as filing fees, travel expenses, and long-distance telephone calls), we will bill at our invoiced cost. With respect to internally-generated charges (such as photocopying and facsimile transmissions), you will be billed in accordance with our standard expense schedule in effect when the charge is incurred. We expect payment within thirty (30) days after you receive the invoice. 4. Prior to beginning work on this matter, we will require a retainer of $3,500.00. We will hold the retainer for application to our final bill once this case has been resolved, and will refund any remaining balance. In the meantime, while this case progresses, we intend to bill, and expect payment, in accordance with paragraph 3 above. 5. We reserve the right to suspend services until satisfactory payment arrangements are made or, if necessary, to terminate our attorney-client relationship at any time for nonpayment of our fees, consistent with the Pennsylvania Rules of Professional Conduct. Our clients, of course, may terminate our services at any time. Interest at the rate of one (1 %) percent per month will be added to balances after thirty (30) days. Any accounts over ninety (90) days past due may be referred to a collection agency. If you have any questions whatsoever, please do not hesitate to telephone me. Otherwise, please sign this letter and return it to me with the requested retainer. I will then want to meet with you to go over the details of this case and obtain from you any additional documents related to it. WIX, WENGER & WEIDNER Mr. Randolph Duncan August 2, 2006 Page 3 We look forward to working with you in this case. cc: Stanley J. A. Laskowski, Esquire CONFIRMED AND ACCEPTED andol Dunc individually and t/d/b/a Home-in-Hand Sincerely you Wix, Weng Weidner By: /Steven M. Williams -L- 6 Date EXHIBIT B Steven M. Williams Attorney At Law COHENSEGLIAS PAL AS GRaNHAm&FURMAN PC 240 North Third Street, 8th Floor Harrisburg, PA 17101 T 717.234.5530 1 F: 717.213.0731 swilliams@cohenseglias.com www.cohenseglias.com February 9, 2007 Randy Duncan 109 Fawn Court Harrisburg, PA 17110 Re: Duncan - Koppenhaver Claim Dear Randy: Under the Code of Professional Responsibility which governs the practice of attorneys in the Commonwealth of Pennsylvania, I am required to set forth in writing the terms on which we ("Firm") have agreed to represent you (the "Client"). This letter describes our standard billing practices which will apply to this matter and to any other matter we handle for you, unless we otherwise agree in writing. If you have any questions concerning these practices or wish to discuss our fees and charges, please feel free to call me. We firmly believe that our clients are not only entitled to the highest quality legal service, but that they should also feel entirely comfortable in discussing our relationship with them at any time. Specifically, this letter shall serve as an agreement between the Client and the Firm, whereby the Client has requested that the Firm provide it legal representation and the Firm has indicated a willingness to provide the representation described herein, subject to the terms of this Agreement. This relationship will work as follows: 1. Client hereby retains the Firm to provide legal services related to the above matter, and other matters as requested by Client. 2. The following provisions relate to compensation to be paid to the Firm on account of the services described herein. a. Overall Factors Applicable. We charge for our services primarily on the basis of the hours devoted to your matters by the legal personnel performing the services. In rendering our statements, we may adjust the charges determined on the basis of hourly rates in light of the novelty and difficulty of the matter, the results obtained in light of the Philadelphia Pittsburgh :Wilmington Harrisburg ! New Jersey Randy Duncan February 9, 2007 Page 2 effort expended, time limitations imposed by the work, and similar factors. In appropriate cases where, for example, an outstanding result is achieved through a relatively modest amount of time, we may charge more than the hourly rate. So too, where the amount of time devoted to a matter is disproportionate to the value of the matter, a downward adjustment may be made. Where a significant adjustment has been made from the hourly charges, the adjustment will be reflected in our statements or otherwise communicated. We normally will not include any explanation where charges are rounded or where other minor adjustment from the hourly rates have been made. b. Hourly Fees For Services: The current hourly rates for attorneys range from $180 per hour for the most junior associates to $250 per hour for my time. While other lawyers in the firm may bill at rates higher than mine, their work on your files would not be substantial. When feasible, we will endeavor to have tasks performed by attorneys at lower hourly rates. Legal assistant and project assistant rates are lower and vary with the experience and sophistication of the assistant. Our rates may be adjusted periodically, typically on an annual basis. c. Costs and Expenses. The Client will pay the Firm promptly as billed for all costs and expenses incurred by the Firm in connection with representation of the Client. At the Firm's request, Client shall make payment directly to the vendor on account of such costs and expenses and Client agrees to make payment promptly upon the receipt of billings from any vendors with respect thereto. In certain larger matters where there will be sizeable costs for xeroxing and court reporting, the Firm may request Client to escrow monies to cover these costs before they are incurred. This is due in large measure to law firms being taxed on the costs of these reimbursable expenses as if it were income. Certain costs such as long distance charges, facsimile charges or copying may be accounted for by the Firm as a pro-ration in accordance with the generally applicable policies of the Firm. d. Billing Procedure. The Firm will provide the Client with a detailed statement for services rendered and costs incurred during each month. Statements will be provided as soon as possible following the end of each month. Within ten days after a statement is provided, the Firm will be entitled to receive payment of any sums owed to the Firm. Where the client does not pay promptly, we reserve the right to charge interest at the rate of one percent (1 %) per month on statements not paid within thirty (30) days of the invoice date. In the unfortunate event that we are required to incur costs in connection with collecting any Randy Duncan February 9, 2007 Page 3 statements, the client will be responsible for those costs, including reasonable attorney's fees. 3. We are not requesting a retainer at this time. We reserve the right to request a retainer should circumstances so require. 4. The Client will cooperate fully with the Firm in providing all information reasonably required by the Firm to provide the representation described herein. 5. The Client has the right to terminate its relationship with the Firm at any time. If you do so, the Client will be responsible for the fees and charges incurred in connection with our representation up to the date of termination, as well as any legal time or other expenses associated with transferring the work to your new counsel. In the event of such termination, the Firm will attempt to minimize any costs or disadvantages to the Client which would be associated with a transition to new counsel. No such termination shall discharge the obligation of the Client to pay sums which may be owed to the Firm pursuant hereto. 6. The Firm also reserves the right to withdraw as counsel for the Client if it may do so under the ethical and procedural guidelines applicable to the Firm. Under normal circumstances, the Firm will do so only if, in its judgment, continued representation of the Client is not in the best interests of the Client or the Firm, is inconsistent with professional guidelines applicable to the Firm, if the Client knowingly provide erroneous information to the Firm or does not cooperate with the Firm or if the Client fails to pay sums owed to the Firm when due. 7. The Client agrees that the Firm may charge and Client will pay the reasonable costs of copying or electronically retrieving any Client files, papers or property that may occur subsequent to the time the Firm may withdraw as counsel for the Client or the Client may discharge the Firm as their counsel. We appreciate the opportunity to be of service to you. Please confirm your acceptance of this arrangement by signing a copy of this letter where indicated below and returning it to me. If you have any questions or comments with regard to anything set forth above, please do not hesitate to contact me. Randy Duncan February 9, 2007 Page 4 Sincerely Cohen, Segas, Pallas, Greenhall & Furman gy. v /aaz teven M. Williams The undersigned, intending that he be legally bound hereby, has READ, ACCEPTS and AGREES to the terms of this letter, by signing where indicated below. Dated: can EXHIBIT C #737068-v l 02137-0001 Wix Wenger & Weidner 508 North 2nd Street P.O. Box 845 Harrisburg, Pennsylvania 17108 Ph: 717-234-4182 Fax: 717-234-4224 Randolph Duncan October 19, 2006 109 Fawn Drive Harrisburg, Pennsylvania 17110 File #: 1948-14115 Attention: Inv #: 6861 RE: Kurt and Paulette Underkolfer DATE DESCRIPTION HOURS AMOUNT LAWYER Jul-26-06 telephone conference with R. Duncan 0.20 42.00 SMW regarding case Aug-02-06 receipt and review of pleadings in case and 1.10 231.00 SMW related documents; correspondence to R. Duncan regarding case Aug-09-06 e-mail to S. Laskowski regarding file; 0.40 84.00 SMW correspondence to R. Duncan regarding case Aug-21-06 receipt and review of correspondence from S. 0.10 21.00 SJD Laskowski with contents of file. Aug-22-06 receipt and review of correspondence from S. 0.30 63.00 SMW Laskowski regarding case; preparation of Praecipe regarding withdrawal and entry of appearance Aug-23-06 e-mail to S. Laskowski regarding withdrawal 0.10 21.00 SMW of Appearance Aug-24-06 review of file provided by S. Laskowski 0.50 105.00 SMW Aug-25-06 receipt of executed Praecipe from S. 0.40 84.00 SMW Laskowski; intraoffice conference with A. Zortman regarding filing and service of same; correspondence to S. Laskowski regarding same Invoice #: 6861 Page 2 Aug-29-06 intraoffice conference with S. Williams 0.20 42.00 SJD regarding bankruptcy implications of proceeding in state court case. telephone conference with T. Neiman 1.00 210.00 SMW regarding case; intraoffice conference with D. Williamson regarding bankruptcy issues; review of bankruptcy docket research of records at Bankruptcy Court 0.30 24.00 DBW regarding Underkofler bankruptcy; review of complaint and file information; memo to S. Williams regarding findings Aug-30-06 telephone conference with M. Slobodian 0.40 84.00 SMW regarding bankruptcy implications Sep-05-06 office conference with R. Duncan regarding 2.50 525.00 SMW case; intraoffice conference with D. Williamson regarding legal research regarding bankruptcy issues research of records at Bankruptcy Court 0.50 40.00 DBW regarding creditors and filed claims in Underkofler case; intraoffice conference with S. Williams regarding research project; preparation of summary of unsecured creditors in 2003 bankruptcy; correspondence to client regarding same Sep-06-06 revisions to correspondence to R. Duncan 0.10 21.00 SMW regarding creditors of bankruptcy case legal research regarding collection of post- 1.30 104.00 DBW petition debt in ongoing Chapter 13 case Sep-07-06 review of bankruptcy case; legal research 1.00 80.00 DBW Sep-08-06 intraoffice conference with D. Williamson 0.20 42.00 SJD regarding research into collecting post- petition obligation. legal research ; preparation of memo to S. 2.00 160.00 DBW Williams regarding collection of post-petition debt; intraoffice conference with S. Dzuranin regarding same Sep-14-06 additional preparation and/or revisions to 0.20 16.00 DBW research memo Sep-15-06 review of trustee case load report regarding 0.40 32.00 DBW Invoice #: 6861 Page 4 status of Underkofler plan payments; completion of memo; intraoffice conference with S. Dzuranin regarding same Sep-20-06 e-mail from DBW regarding post petition 0.40 84.00 SJD collection. intraoffice conference with DBW to discuss same. intraoffice conference with S. Dzuranin 0.40 32.00 DBW regarding bankruptcy issues; revisions to memo Oct-02-06 review of memorandum regarding bankruptcy 0.30 63.00 SMW and related documents; e-mail to S. Smith regarding legal research regarding same Oct-03-06 intraoffice conference with S. Smith 0.20 42.00 SMW regarding bankruptcy issues to be researched review of file 0.20 28.00 SPS Oct-09-06 legal research and preparation of legal 4.90 686.00 SPS memorandum re: options for a post-petition judgment creditor Oct-12-06 legal research and preparation of legal 3.00 420.00 SPS memorandum re: options for a post-petition judgment creditor Oct-19-06 discretionary adjustment by S. Williams -750.00 SMW Totals 22.60 $2,636.00 TIME SUMMARY Time Keeper Rate Hours Amount SJD $210.00 0.90 $189.00 SMW Fee/Adjustm -$750.00 ent SMW $210.00 7.50 $1,575.00 SPS $140.00 8.10 $1,134.00 DBW $80.00 6.10 $488.00 DISBURSEMENTS Aug-31-06 Photocopy Charge (@ $.15/page) 2.70 Sep-30-06 Computer Research/PACER 5.92 Totals $8.62 Total Fee & Disbursements $2,644.62 Interest Due $0.00 Balance Now Due $2,644.62 We accept visa and mastercard for your convenience Invoice #: 6861 Page Aug-09-06 TRUST STATEMENT Disbursements Receipts Received .From: Duncan #2289 3,500.00 miscellaneous Total Trust $0.00 $3,500.00 Trust Balance $3,500.00 Wix Wenger & Weidner 508 North 2nd Street P.O. Box 845 Harrisburg, Pennsylvania 17108 Ph: 717-234-4182 Fax: 717-234-4224 Randolph Duncan November 27, 2006 109 Fawn Drive Harrisburg, Pennsylvania 17110 File 1948-14115 Attention: Inv 7321 RE: Kurt and Paulette Underkolfer DATE DESCRIPTION HOURS AMOUNT LAWYER Oct-16-06 legal research and preparation of legal 0.70 87.50 SPS memorandum re: options for a post-petition judgment creditor Oct-18-06 review of legal memorandum regarding 0.50 105.00 SMW Underkofler's bankruptcy options; intraoffice conference with S. Smith regarding same legal research and preparation of legal 2.00 280.00 SPS memorandum re: whether debtor can withdraw petition and then re-file at a later date, whether debtor can amend petition to add creditor intraoffice conference with S. Smith 0.10 8.00 DBW regarding research project Oct-25-06 telephone conference with R. Duncan 0.60 126.00 SMW regarding bankruptcy strategy Nov-01-06 telephone conferences with T. Neiman and R. 0.30 63.00 SMW Duncan regarding case Totals 4.20 $669.50 TIME SUMMARY Time Keeper Rate Hours Amount SMW $210.00 1.40 $294.00 SPS $125.00 0.70 $87.50 Invoice #: 7321 Page 2 SPS $140.00 DBW $80.00 DISBURSEMENTS Oct-31-06 Westlaw Computer Research Totals Total Fee & Disbursements Previous Balance Previous Payments Interest Due Balance Now Due 2.00 0.10 $280.00 $8.00 73.40 $73.40 $742.90 2,644.62 2,644.62 $0.00 $742.90 PAYMENT HISTORY Oct-20-06 Total Payments 2,644.62 $2,644.62 We accept visa and mastercard for your convenience 0 Invoice #: 7321 TRUST STATEMENT Trust Balance Forward Oct-19-06 Paid To: WWW miscellaneous Total Trust Trust Balance Page 3 Disbursements 2,644.62 $2,644.62 Receipts 3,500.00 $3,500.00 $855.38 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN: 23-2639443 April 10, 2007 Randy Duncan 109 Fawn Court Harrisburg, PA 17110 Underkoffler Billed through 03/31/2007 Client number 02137 SMW TOTAL CURRENT EXPENSES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING LESS TRUST FUNDS APPLIED* TOTAL AMOUNT DUE $1.60 $1.60 $1.60 $0.00 $1.60 CR $0.00 *Remaining Trust Funds $110.88 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 April 10, 2007 Billed through 03/31/2007 Invoice Number 02137 00001 101462 SMW Duncan, Randy 109 Fawn Court Harrisburg, PA 17110 Trust beginning balance UnderkofFler FOR PROFESSIONAL SERVICES RENDERED Total fees for this matter $112.48 0.00 hrs DISBURSEMENTS 03/31/2007 Copying or Printing 1.60 Total disbursements for this matter $1.60 BILLING SUMMARY CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING LESS TRUST FUNDS APPLIED* TOTAL AMOUNT DUE $1.60 $1.60 $0.00 $1.60 CR $0.00 *Remaining Trust Funds $110.88 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 June 11, 2007 Billed through 05/31/2007 Client number 02137 SMW Randy Duncan 109 Fawn Court Harrisburg, PA 17110 Underkoffler TOTAL CURRENT FEES TOTAL CURRENT EXPENSES CURRENTFEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $375.00 $3.72 $375.00 $3.72 $378.72 $0.00 $378.72 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 June 11, 2007 Billed through 05/31/2007 Invoice Number 02137 00001 103007 SMW Duncan, Randy 109 Fawn Court Harrisburg, PA 17110 Underkoffler FOR PROFESSIONAL SERVICES RENDERED 05/15/2007 SMW Email to R. Duncan re: case 05/16/2007 SMW Email from R. Duncan re: status of bankruptcy case; Review of Bankruptcy Court docket/file; Telephone conference with Bankruptcy Court clerk re: status of case; Preparation of Praecipe - Suggestion of Bankruptcy for filing in Cumberland County Court; Email to R. Duncan re: same 05/29/2007 SMW Receipt of filed Suggestion of Bankruptcy; Correspondence to R. Duncan re: same Williams, Steven M. 1.50 hrs 250.00 /hr Total fees for this matter 1.50 hrs $375.00 DISBURSEMENTS 05/31/2007 Postage or Express Mail 1.72 05/31/2007 Copying or Printing 2.00 Total disbursements for this matter $3.72 BILLING SUMMARY Williams, Steven M. CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 1.50 hrs 250.00 /hr $375.00 1.50 hrs $375.00 $3.72 $378.72 $0.00 $378.72 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 July 11, 2007 Billed through 06/30/2007 Client number 02137 SMW Randy Duncan 109 Fawn Court Harrisburg, PA 17110 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES TOTAL CURRENT EXPENSES CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $378.72 $100.00 $4.63 $100.00 $4.63 $104.63 $378.72 $483.35 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 July 11, 2007 Billed through 06/30/2007 Invoice Number 02137 00001 103811 SMW Duncan, Randy 109 Fawn Court Harrisburg, PA 17110 Balance of last bill dated: 06/11/2007 $378.72 Payments received since last bill 0.00 Balance outstanding $378.72 Underkoffler FOR PROFESSIONAL SERVICES RENDERED 06/11/2007 SMW Receipt of correspondence from R. Frey (Arbitrator) re: scheduling of hearing; Correspondence to same Williams, Steven M. 0.40 hrs 250.00 /hr Total fees for this matter 0.40 hrs $100.00 DISBURSEMENTS 06130/2007 Postage or Express Mail 06/30/2007 Copying or Printing Total disbursements for this matter BILLING SUMMARY Williams, Steven M. CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 2.63 2.00 $4.63 0.40 hrs 250.00 /hr $100.00 0.40 hrs $100.00 $4.63 $104.63 $378.72 $483.35 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 February 13, 2008 Billed through 01/3112008 Client number 02137 SMW Randy Duncan - Home in Hand PO Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES CURRENTFEES CURRENT AMOUNT DUE BALANCE OUTSTANDING LESS TRUST FUNDS APPLIED' TOTAL AMOUNT DUE $483.35 $216.00 $216.00 $216.00 $0.00 $110.88 CR $105.12 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 February 13, 2008 Billed through 01131/2008 Invoice Number 02137 00001 109156 SMW Duncan, Randy PO Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 07/11/2007 $483.35 Payments received since last bill 483.35 Balance outstanding $0.00 Trust beginning balance $110.88 Underkoffler FOR PROFESSIONAL SERVICES RENDERED 01/03/2008 SMW Review of Court docket re: status of bankruptcy case; telephone conference with Trustee's office re: same 01/30/2008 SMW Conference with S. Usdin re: bankruptcy issues; telephone conference with R. Duncan re: status of case Williams, Steven M. 0.80 hrs 270.00 /hr Total fees for this matter 0.80 hrs $216.00 BILLING SUMMARY Williams, Steven M. CURRENTFEES CURRENT AMOUNT DUE BALANCE OUTSTANDING 0.80 hrs 270.00 /hr $216.00 0.80 hrs $216.00 $216.00 $0.00 LESS TRUST FUNDS APPLIED* TOTAL AMOUNT DUE $110.88 CR $105.12 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 May 12, 2008 Billed through 04/3012008 Client number 02137 SMW Randy Duncan - Home in Hand PO Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES TOTAL CURRENT EXPENSES CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $105.12 $432.00 $0.80 $432.00 $0.80 $432.80 $0.00 $432.80 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 May 12, 2008 Billed through 04/30/2008 Invoice Number 02137 00001 112035 SMW Duncan, Randy PO Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 02/13/2008 Payments received since last bill $105.12 105.12 Balance outstanding Underkof8er FOR PROFESSIONAL SERVICES RENDERED .pv.vv 04/0912008 SMW Review of Court docket re: status of Underkofler's bankruptcy case; several telephone conferences re: completion of plan payments and proceeding with arbitration 04/10/2008 SMW Email from and to T. Neiman re: withdrawal of appearance; several telephone conferences and emails re: scheduling of arbitration hearing 04/11/2008 SMW Receipt and review of T. Nieman's Petition to Withdraw as counsel; correspondence to R. Duncan re: same 04118/2008 SMW Receipt of Court Order re: Rule to Show Cause why R&S may not withdraw as counsel for defendants 04/22/2008 SMW Receipt of correspondence from T. Neiman re: Order re: Petition to Withdraw Williams, Steven M. 1.60 hrs 270.00 /hr Total fees for this matter 1.60 hrs $432.00 DISBURSEMENTS 04/1112008 PACER SERVICE CENTER; Invoice # CH0126; Filing Fee 0.80 Total disbursements for this matter $0.80 BILLING SUMMARY Williams, Steven M. CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE 1.60 hrs 270.00 /hr $432.00 1.60 hrs $432.00 $0.80 $432.80 Page z Duncan, Randy Invoice Number 02137 00001 112035 $0.00 BALANCE OUTSTANDING $432.80 TOTAL AMOUNT DUE COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 June 18, 2008 Billed through 05/31/2008 Client number 02137 SMW Randy Duncan - Home in Hand PO Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES CURRENTFEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $432.80 $135.00 $135.00 $135.00 $432.80 $567.80 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 June 18, 2008 Billed through 05/3112008 Invoice Number 02137 00001 113199 SMW Duncan, Randy PO Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 05/12/2008 Payments received since last bill Balance outstanding Underkoftler $432.80 0.00 FOR PROFESSIONAL SERVICES RENDERED 05/15/2008 SMW Receipt of T. Nieman's Petition to Make Rule Absolute 05/28/2008 SMW Receipt of T. Nieman's Praecipe to Withdraw Appearance; correspondence to R. Frey re: same and scheduling of arbitration hearing Williams, Steven M. 0.50 hrs 270.00 /hr Total fees for this matter 0.50 hrs $135.00 BILLING SUMMARY Williams, Steven M. CURRENT FEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 0.50 hrs 270.00 /hr $135.00 0.50 hrs $135.00 $135.00 4tdR7 An COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 July 10, 2008 Billed through 06130/2008 Client number 02137 SMW Randy Duncan - Home in Hand PO Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES CURRENTFEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $567.80 $81.00 $81.00 $81.00 $567.80 $648.80 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 July 10, 2008 Billed through 06/30/2008 Invoice Number 02137 00001 113743 SMW Duncan, Randy PO Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 06/18/2008 $567.80 Payments received since last bill 0.00 Balance outstanding $567.80 Underkoffler FOR PROFESSIONAL SERVICES RENDERED 06/27/2008 SMW Correspondence to R. Fry re: arbitration hearing Williams, Steven M. 0.30 hrs 270.00 /hr Total fees for this matter 0.30 hrs $81.00 BILLING SUMMARY Williams, Steven M. CURRENT FEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 0.30 hrs 270.00 /hr $81.00 0.30 hrs $81.00 $81.00 $567.80 $648.80 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 August 19, 2008 Billed through 07/31/2008 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES CURRENT FEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $648.80 $108.00 $108.00 $108.00 $0.00 $108.00 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 August 19, 2008 Billed through 07/31/2008 Invoice Number 02137 00001 115287 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 07110/2008 Payments received since last bill $648.80 648.80 Balance outstanding Underkoftler FOR PROFESSIONAL SERVICES RENDERED $0.00 07107/2008 SMW Several telephone conferences re: scheduling of arbitration hearing 07/16/2008 SMW Receipt of hearing notice; correspondence to R. Duncan re: same Williams, Steven M. 0.40 hrs 270.00 /hr Total fees for this matter 0.40 hrs $108.00 BILLING SUMMARY Williams, Steven M. CURRENT FEES CURRENT AMOUNT DUE 0.40 hrs 270.00 /hr $108.00 0.40 hrs $108.00 $108.00 BALANCE OUTSTANDING TOTAL AMOUNT DUE $0.00 $108.00 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 November 20, 2008 Billed through 10/31/2008 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES TOTAL CURRENT EXPENSES CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $108.00 $2,835.00 $24.57 $2,835.00 $24.57 $2,859.57 $0.00 $2,859.57 CQHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 November 20, 2008 Billed through 10/31/2008 Invoice Number 02137 00001 118072 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 08/19/2008 Payments received since last bill Balance outstanding Underkoffier FOR PROFESSIONAL SERVICES RENDERED $108.00 108.00 $0.00 10/15/2008 SMW Several emails re: case 10/16/2008 SMW Review of file re: attorney's fee claim; preparation for hearing; telephone conference with R. Duncan and several emails re: hearing 10/21/2008 SMW Review of file; preparation for client meeting 10/23/2008 SMW Conference with R. Duncan to prepare for hearing 10/24/2008 SMW Email from R. Duncan re: claim; review of and revisions to Claim Exhibit; preparation of exhibits for hearing 1 012 8/2 008 SMW Preparation for hearing 10/29/2008 SMW Conference with client to prepare for, and attendance and representation at, hearing 10/30/2008 SMW Emails from and to R. Duncan re: final letter to Underkofflers, interest calculation and value of "punchlist" items 10/31/2008 SMW Receipt and review of Arbitrators' award; telephone conference with R. Frey re: award; email to R. Duncan re: same Williams, Steven M. 10.50 hrs 270.00 /hr Total fees for this matter 10.50 hrs $2,835.00 DISBURSEM ENTS 10/29/2008 Travel expense - SMW 24.57 Total disbursements for this matter $24.57 BILLING SUMMARY Williams, Steven M. 10.50 hrs 270.00 /hr $2,835.00 CURRENT FEES 10.50 hrs $2,835.00 Duncan, Randy Invoice Number 02137 00001 118072 CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE Page $24.57 $2,859.57 $0.00 $2,859.57 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 December 8, 2008 Billed through 11130/2008 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES TOTAL CURRENT EXPENSES CURRENTFEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $2,859.57 $270.00 $71.40 $270.00 $71.40 $341.40 $2,859.57 $3,200.97 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 December 8, 2008 Billed through 11130/2008 Invoice Number 02137 00001 118470 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 11/2012008 $2,859.57 Payments received since last bill 0.00 Balance outstanding $2,859.57 Underkoffler FOR PROFESSIONAL SERVICES RENDERED 11/03/2008 SMW Email from R. Duncan re: arbitration award 11104/2008 SMW Telephone conference with R. Duncan re: arbitration award and appeal 11/11/2008 SMW Several emails re: contact with defendants re: potential resolution and appeal 11120/2008 SMW Several emails re: settlement offers and appeal Williams, Steven M. 1.00 hrs 270.00 /hr Total fees for this matter 1.00 hrs $270.00 DISBURSEMENTS 11105/2008 FILING FEE --- 02134-001 5.00 11/30/2008 Copying or Printing 66.40 Total disbursements for this matter $71.40 BILLING SUMMARY Williams, Steven M. CURRENTFEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 1.00 hrs 270.00 /hr $270.00 1.00 hrs $270.00 $71.40 $341.40 $2,859.57 $3,200.97 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMA.N, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 January 21, 2009 Billed through 12/31/2008 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES TOTAL CURRENT EXPENSES CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $3,200.97 $513.00 $32.61 $513.00 $32.61 $545.61 $0.00 $545.61 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN: 23-2639443 January 21, 2009 Billed through 12/31/2008 Invoice Number 02137 00001 119869 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 12/08/2008 Payments received since last bill Balance outstanding Underkoffler FOR PROFESSIONAL SERVICES RENDERED $3,200.97 3,200.97 $0.00 12/02/2008 SMW Telephone conference with Prothonotary re: appeal filed 12/03/2008 SMW Receipt and review of Notice of Appeal from Arbitrators' Award; email to R. Duncan re: same; preparation of Praecipe to List for Trial 12/04/2008 SMW Several emails re: trial issues 12/08/2008 SMW Email to R. Duncan re: listing of case for trial 12/09/2008 SMW Email from R. Duncan re: listing case for trial 12/1612008 SMW Email from and to R. Duncan re: trial listing 12/18/2008 SMW Telephone conference with R. Duncan re: trial issues; completion of Praecipe to List for Trial 12/30/2008 SMW Review of Local Rules/Calendar and docket various trial and pretrial dates Williams, Steven M. 1.90 hrs 270.00 /hr Total fees for this matter 1.90 hrs $513.00 DISBURSEM ENTS 12/24/2008 PROTHONOTARY OF CUMBERLAND CTY; Invoice # 02137-1; Filing 25.00 Fee - Prothonotary/Clerk of Court 12/3112008 Postage or Express Mail 2.01 12/31/2008 Copying or Printing 5.60 Total disbursements for this matter BILLING SUMMARY $32.61 Williams, Steven M. 1.90 hrs 270.00 /hr $513.00 Duncan, Randy Invoice Number 02137 00001 CURRENTFEES 119869 CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 1.90 hrs Page 2 $513.00 $32.61 $545.61 $0.00 $545.61 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 February 17, 2009 Billed through 01 /31 /2009 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 UnderkofFler BALANCE OUTSTANDING TOTAL CURRENT FEES CURRENT FEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $545.61 $2,679.00 $2,679.00 $2,679.00 $545.61 $3,224.61 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 February 17, 2009 Billed through 01 /31 /2009 Invoice Number 02137 00001 120859 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 01 /21 /2009 Payments received since last bill Balance outstanding Underkoffler FOR PROFESSIONAL SERVICES RENDERED 01/12/2009 01/13/2009 01/14/2009 01/15/2009 01/16/2009 01/20/2009 01121/2009 SMW SMW SMW SMW SMW SMW SMW 01/2912009 SMW BILLING SUMMARY Several emails re: trial witness Several emails re: preparing trial witnesses Preparation of Pre-Trial Memorandum and Jury Instructions Preparation of proposed Jury Instructions Additional preparation of proposed Jury Instructions Additional preparation of proposed Jury Instructions Completion of proposed Jury Instructions; several emails re: same and need for jury trial Several emails re: Boyd meeting $545.61 0.00 $545.61 Williams, Steven M. 9.40 hrs 285.00 /hr Total fees for this matter 9.40 hrs $2,679.00 Williams, Steven M. CURRENT FEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 9.40 hrs 285.00 /hr $2,679.00 9.40 hrs $2,679.00 $2,679.00 $545.61 $3,224.61 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 March 11, 2009 Billed through 02/28/2009 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES CURRENTFEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $3,224.61 $171.00 $171.00 $171.00 $3,224.61 $3,395.61 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 March 11, 2009 Billed through 02/28/2009 Invoice Number 02137 00001 121555 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 02/17/2009 $3,224.61 Payments received since last bill 0.00 Balance outstanding ji:S,1L4.til Underkoftler FOR PROFESSIONAL SERVICES RENDERED 02/03/2009 SMW Receipt of fax from R. Duncan re: revisions to and inquiries re: Pretrial Memorandum and Jury Instructions 02/27/2009 SMW Telephone conference with R. Duncan re: Pre-Trial Memorandum and trial witnesses/exhibits; revisions to Pre-Trial Memorandum Williams, Steven M. 0.60 hrs 285.00 /hr Total fees for this matter 0.60 hrs $171.00 BILLING SUMMARY Williams, Steven M. CURRENTFEES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 0.60 hrs 285.00 /hr $171.00 0.60 hrs $171.00 $171.00 $3,224.61 $3,395.61 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 April 20, 2009 Billed through 03/31/2009 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING $3,395.61 TOTAL CURRENT FEES $2,821.50 TOTAL CURRENT EXPENSES $83.46 CURRENT FEES $2,821.50 CURRENT EXPENSES $83.46 CURRENT AMOUNT DUE $2,904.96 BALANCE OUTSTANDING $0.00 TOTAL AMOUNT DUE $2,904.96 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 April 20, 2009 Billed through 03/31/2009 Invoice Number 02137 00001 122859 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 03/11/2009 Payments received since last bill Balance outstanding Underkoffler FOR PROFESSIONAL SERVICES RENDERED 03/02/2009 SMW Review of photos of damage and reconstruction 03/05/2009 SMW Preparation for and meeting with R. Duncan and D. Boyd for trial preparation; Preparation of Subpoena for D. Boyd 03/06/2009 SMW Revisions to Boyd Subpoena 03/11/2009 SMW Receipt of certified Subpoena (for Dan Boyd) from Court; Correspondence to D. Boyd re: service of same 03/16/2009 SMW Preparation for Call of Trial List and Pre-Trial Conference; Correspondence to M/M Underkofler re: service of Pre-Trial Memorandum $3,395.61 3,395.61 $0.00 03/17/2009 SMW Travel to Carlisle; Attendance and representation at Call of Trial List and conference with Judge Oler re: Defendants' objections to trial list; Telephone conference with R. Duncan re: same; Receipt of proof of service of Subpoena on D. Boyd 03/23/2009 SMW Several emails re: Pre-Trial conference; Telephone conference with R. Duncan re: same and re: settlement potential; Preparation for Pre-Trial Conference 03/25/2009 SMW Travel to and from Carlisle; Preparation for and attendance and representation at Pre-Trial conference; Conference with J. Duncan (Underkoflers' attorney) re: settlement prospects; Telephone conference with R. Duncan re: case; Receipt and review of Judge Oler's Order re: trial; Review of photographs for trial exhibits and current condition photographs 03/27/2009 SMW Email from R. Duncan re and review of Underkofler's yellow pages ad and Duncan's credentials; Review of trial photos 03/30/2009 SMW Receipt and review of CV Properties' expert report; Email to R. Duncan re: same 03/31/2009 SMW Several emails re: trial preparation issues; Telephone conference with M. Cavenelli (Court Administrator) re: jury selection and trial schedule; Receipt and review of Pre-Trial Conference Order; Review of CV Properties/Central Rehabs report and resume Williams, Steven M. 9.90 hrs 285.00 /hr Duncan, Randy Invoice Number 02137 00001 122859 Total fees for this matter 9.90 hrs DISBURSEMENTS 03/06/2009 PROTHONOTARY OF CUMBERLAND CTY; Invoice # 02137-01 (2000; Filing Fee - Prothonotary/Clerk of Court 03/12/2009 DAN BOYD; Invoice # 02137-01; Miscellaneous expense 03/17/2009 Travel Expense - SMW 02137-001 03/25/2009 Travel Expense - SMW 02137-001 03/31/2009 Postage or Express Mail 03/31/2009 Copying or Printing Total disbursements for this matter BILLING SUMMARY Williams, Steven M. CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE Page 2 $2,821.50 3.00 15.50 26.20 25.75 5.81 7.20 $83.46 9.90 hrs 285.00 /hr $2,821.50 9.90 hrs $2,821.50 $83.46 $2,904.96 Qn nn COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 May 13, 2009 Billed through 04/30/2009 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES TOTAL CURRENT EXPENSES CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $2,904.96 $5,207.00 $144.80 $5,207.00 $144.80 $5,351.80 $2,904.96 4its'zbb. lb COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 May 13, 2009 Billed through 04/30/2009 Invoice Number 02137 00001 123441 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 04/20/2009 Payments received since last bill Balance outstanding Underkoffler FOR PROFESSIONAL SERVICES RENDERED 04/01/2009 SMW Conference with R. Duncan re: trial preparation; review of photos for trial exhibits; receipt and review of correspondence from J. Duncan re: expert report and entry of appearance 04/03/2009 SMW Review and preparation of trial exhibits; trial preparation; telephone conferences with D. Stone and R. Duncan re: settlement 04/06/2009 SMW Email from and to R. Duncan re: status of settlement negotiations; email to J. Duncan and S. Stone re: Pre-Trial Conference Memorandum; revisions to Proposed Points for Charge 04/07/2009 SMW Email from D. Stone re: Pre-Trial Conference Memorandum; email to R. Duncan re: Boyd availability for trial; trial preparation; review of Underkofflers' Pre-Trial Memorandum; several emails re: same; revisions to proposed Jury Instructions 04/08/2009 SMW Several emails and telephone conferences re: evidence/witness for case; Preparation of Motion in Limine re: exclusion of witnesses 04/09/2009 SMW Telephone conferences with D. Stone and Judge Oler re: removal of trial from April term; several emails re: case; preparation of Praecipe for Listing Case for Trial 04/14/2009 SMW Telephone conference with D. Stone's office re: Valtin deposition; several emails re: same; preparation of Deposition Notice 04/15/2009 ADM Preparation of Deposition Notice regarding Valtin (AAZ) 04/16/2009 SMW Several telephone conferences and emails re: Valtin deposition; completion of Valtin Deposition Notice; correspondence to R. Valtin re: service of same; receipt and review of Court Order re: continuance of trial; correspondence to R. Duncan re: same 04/17/2009 SMW Email to R. Duncan re: trial subpoena for D. Boyd 04/20/2009 SMW Several emails re: case; preparation of Boyd subpoena; telephone conference with R. Duncan re: Valtin employment history 04/22/2009 SMW Review of Valtin employee file; reparation for Valtin deposition; email to R. Duncan re: same 04/23/2009 SMW Preparation for Valtin deposition; telephone conference with R. Duncan re: same $2,904.96 0.00 $2,904.96 Duncan, Randy Page 2 Invoice Number 02137 00001 123441 04/24/2009 SMW Preparation for and attendance and representation at Valtin deposition; telephone conference and meeting with R. Duncan re: same; correspondence to D. Boyd re: service of Subpoena for June trial term Support, Administrative 0.20 hrs 100.00 /hr Williams, Steven M. 18.20 hrs 285.00 /hr Total fees for this matter 18.40 hrs $5,207.00 DISBURSEMENTS 04/14/2009 04/14/2009 04/20/2009 04/30/2009 BILLING SUMMARY PROTHONOTARY OF CUMBERLAND CTY; Invoice # 02137-01 (2001; 25.00 Filing Fee - Prothonotary/Clerk of Court CAPITOL COPY SERVICE; Invoice # 00113963; Outside Copying 103.35 Expense PROTHONOTARY OF CUMBERLAND CTY; Invoice # 02137-01 (2000; 3.00 Filing Fee - Prothonotary/Clerk of Court Postage or Express Mail 13.45 Total disbursements for this matter $144.80 Support, Administrative Williams, Steven M. 0.20 hrs 100.00 /hr $20.00 18.20 hrs 285.00 /hr $5,187.00 CURRENTFEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 18.40 hrs $5,207.00 V44 AO aq Qn4 QR COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 June 11, 2009 Billed through 05/31/2009 Client number 02137 SMW Randy Duncan - Home in Hand P.O. Box 60731 Harrisburg, PA 17106-0731 Underkoffler BALANCE OUTSTANDING TOTAL CURRENT FEES TOTAL CURRENT EXPENSES CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE $8,256.76 $1,105.50 $351.59 $1,105.50 $351.59 $1,457.09 $5,351.80 $6,808.89 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215) 564-1700 EIN:23-2639443 June 11, 2009 Billed through 05/31/2009 Invoice Number 02137 00001 124406 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 05/13/2009 $8,256.76 Payments received since last bill 2,904.96 Balance outstanding $5,351.80 Underkoffler FOR PROFESSIONAL SERVICES RENDERED 05/12/2009 SMW Several emails re: Valtik deposition and Boyd response; receipt of proof of service of subpoena on D. Boyd 05/19/2009 SMW Preparation of pre-trial memorandum; email to D. Stone re: call of the Civil Trial List; email to R. Duncan re: miscellaneous issues; revisions to proposed jury instructions 05/20/2009 SMW Several emails re: trial witnesses; conference with MLS re: call of list; review of Valtin deposition transcript 05/20/2009 MLS Meet with SMW to discuss case posture in advance of 6/2 Cumberland County Call of List 05/21/2009 SMW Several emails re: witnesses for trial, settlement inquiry and case in general; revisions to pre-trial memorandum 05/24/2009 SMW Email from and to R. Duncan re: Valtik deposition Solomon, Michael L 0.10 hrs 225.00 /hr Williams, Steven M. 3.80 hrs 285.00 /hr Total fees for this matter 3.90 hrs $1,105.50 DISBURSEMENTS 05/27/2009 HUGHES, ALBRIGHT, FOLTZ & NATALE REPORTING INC.; Invoice # 329.85 35947; Stenographic charges 05/31/2009 Postage or Express Mail 5.74 05/31/2009 Fax charges 16.00 Total disbursements for this matter $351.59 BILLING SUMMARY Solomon, Michael L 0.10 hrs 225.00 /hr $22.50 Duncan, Randy Invoice Number 02137 00001 124406 Williams, Steven M. CURRENTFEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE Page 2 3.80 hrs 285.00 !hr $1,083.00 3.90 hrs $1,105.50 $351.59 $1,457.09 $5,351.80 $6,808.89 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMiAN, P.C. P.O. BOX 59449 PHILADELPHIA, PA 19102 (215)564-1700 BIN: 23-2639443 July 8, 2009 Bilked through 06/30/2009 Invoice Number 02137 00001 125200 SMW Duncan, Randy P.O. Box 60731 Harrisburg, PA 17106-0731 Balance of last bill dated: 06/11/2009 Payments received since last bill Balance outstanding FOR PROFESSIONAL SERVICES RENDERED 06/01/2009 SMW Completion of Pre-Trial Memorandum; Cor espotxience to D. Stone re: service of same; Preparation of Valtin subpoena; Correspondence to R. Valtin re: service of same; Several ema lls re: case 06/02/2009 SMW Several ernalis re: case; Review of Valor mileage merrorarrdum; Attendance and representation at Cal of Trial List; Conference with M. Solomon re: Vaftin credibility issues 06103/2009 SMW Review of Boyd/Duncan notes re: Vakin deposition 06105/2009 SMW Receipt of proof of service of Subpoena on R. ValEinn 06/092009 SMW Preparation for Pre-Trial Conference; Email to R. Duncan re: same 061102009 SMW Travel to Court; Review of Defendants' Pretrial Memr onvidUrnn; Attendance and representation at Pretrial Conference; Telephone conference with R. Duncan re: case 06/112009 SMW Review of rotes and preparation for witness prep - D. Boyd; Email to R. Duncan re: same; Review of VaMn travel records in preparation for trial testimony 06/122009 SMW Email from R. Duncan re: trial witness preparation 06/15/2009 SMW Completion of Proposed Jury Instruc lions; Receipt and review of Judge Oier's Pretrial Conference Order and Undericofiers' Pretrial Memorandum; Email to R. Duncan re: same; Trial preparationtwitness testimony outlines; Review of Underloflers' proposed exhibits; Telephone conference with D. Boyd re : testimony 06/16/2009 SMW Several emails re: case/evidence; Tolepione corfrence with D. Flamingo re: trial testimony; Review of Court website re: trial schedule 06/17/2009 SMW Trial Preparation - preparation of witness testimony outlines, review of exhibits, preparation of voir dire questions 06/22/2009 SMW Review of Trial List; Email to R. Duncan and correspondence to R. Valtin re: same 06/252009 SMW Several emails re: trial; Preparation of trial exhibits 06/28/2009 SMW Trial preparation, including witness testimony and cross examination outlines, review of Vaitirn deposition Varna", Prepare trial exhibits, prepare opening statement and closing argument outlines $6,808.89 0.00 x6,808.89 Duncan, Randy Page 2 Invoice Number 02137 00001 125200 06/28/2009 SMW Trial preparation, continued 06/292009 SMW Prepares for and attendance and representation at trial 06/302009 SMW Attendance and representation at tried Williams, Steven M. 41.00 hrs 285.00 /hr Total fees for tNs matter 41.00 hrs $11,685.00 DISBURSEMENTS 06/012009 PROTHONOTARY OF CUMBERLAND CTY; Invoice # 02137-01; Filing 3.00 Fee - Proftnotary/Clerk of Court 06/022009 Travel Expense - SMW 02137-001 24.20 06/022009 ROBERT VALTIN; Invoice # 02137-01 (2020) Miscellaneous expense CK 15.00 #302 06292009 CAPITOL COPY SERVICE; Invoice # 00117043; Outside Copying 38.16 Expense 06/302009 Postage or Express Mail 5.54 061302009 Travel Expense - SMW 02137-001 69.15 06/302009 Copying or Printing 32.40 Total disbursements for this matter .$187.45 BILLING SUMMARY Williams, Steven M. CURRENT FEES CURRENT EXPENSES CURRENT AMOUNT DUE BALANCE OUTSTANDING TOTAL AMOUNT DUE 41.00 hrs 285.00 /hr $11,685.00 41.00 hrs $11,685.00 $187.45 $11,872.45 $6,808.89 $18,681.34 CERTIFICATE OF SERVICE I hereby certify that the foregoing Post-Trial Motion was sent by first class mail, postage prepaid this day to the following: Duane P. Stone, Esq. Jason B. Duncan, Esq. P.O. Box 696 8 N. Baltimore Street Dillsburg, PA 17019 Attorneys for Defendants Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman PC r Date: '?C??? By Alison A. &Z4ortm aal Assistant 240 North Third Street, 7 h Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff FILED-?w;.;=' ?; OF THE F 2009 JI L --9 AH 6: u J CUP?n? - ,,?,-nr, RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUM BERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KURT UNDERKOFLER : and PAULETTE UNDERKOFLER,: Individually and Jointly, ; Defendants NO. 05-5689 CIVIL T ERM IN R E: PLAINTIFF'S POST-TRIAL MOTION FOR AWARD OF ATTORNEY'S FEES COSTS EXPENSES AND INTEREST ORDER OF COURT AND NOW, this 13'' day of July, 2009, upon consideration of Plaintiff's Post- Trial Motion for Award of Attorney's Fees, Costs, Expenses and Interest, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. /Steven M. Williams, Esq. 240 North Third Street 7th Floor Harrisburg, PA 17101 Attorney for Plaintiff /uane P. Stone, Esq. 8 N. Baltimore Street P.O. Box 696 Dillsburg, PA 17019 Attorney for Defendants :rc BY THE COURT, r 4 .? C J.' Wesley 01dr, Jr., J. I F- S /Y2cZ L ?1?. FILED KNO JUL 13 PI'i 2: 10 Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff KANDOLPH DUNCAN, Plaintiff V. KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-5689 CIVIL ACTION -LAW PRAECIPE Please accept this Praecipe as Proof of Service of this Court's Order dated July 13, 2009 on Defendant as reflected in the attached letter. Respectfully Cohen S & Furman, PC Date: By- Steven M. Williams, PA I.D. #62051 240 North Third Street, 7t' Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CORN SEGLIAS PALLAS GREENHALL&FURMAN PC July 16, 2009 Duane P. Stone, Esq. Jason B. Duncan, Esq. P.O. Box 696 8 N. Baltimore Street Dillsburg, PA 17019 Re: Duncan v. Underkofler No.: 05-5689 Our File No.: 02137-0001 Dear Duane and Jason: Steven M. Williams Attorney At Law 240 North Third Steet, 7th Floor Harrisburg, PA 17101 T:717.234.5530 F: 717.307.3427 swilliams@cohenseglias.com www.cohenseglias.com Enclosed for service upon you is Judge Olers's Order dated July 13, 2009. Sincerely yours, /aaz Enclosure cc: Randy Duncan (w/ encl.) Cohen Segl' alias G all & Furman, PC Steven A Williams Philadelphia I Pittsburgh I Wilmington I Harrisburg 4745635-0 02137-0001 New Jersey I West Virginia RANDOLPH DUNCAN, Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER,: Individually and Jointly, : Defendants IN THE COURT OF COMMON PLEAS OF CUM BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5689 CIVIL T ERM IN R E: PLAINTIFF'S POST-TRIAL MOTION FOR AWARD OF ATTORNEY'S FEES COSTS EXPENSES AND INTEREST ORDER OF COURT AND NOW, this 13th day of July, 2009, upon consideration of Plaintiff's Post- Trial Motion for Award of Attorney's Fees, Costs, Expenses and Interest, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J.' Wesley O r, Jr., J. Stev . Williams, Esq. 2 North Third Street Floor Harrisburg, PA 17101 Attorney for Plaintiff Duane P. Stone, Esq. 8 N. Baltimore Street P.O. Box 696''` 'n wt ' SA tRv Dillsburg, PA 17019 i vl' Attorney for Defendants 1410, oi sa"d at z :rc CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Duane P. Stone, Esq. Jason B. Duncan, Esq. P.O. Box 696 8 N. Baltimore Street Dillsburg, PA 17019 Attorneys for Defendants Date: I AAlla? Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman PC By: s Alison A. Zortman, Lega sistant 240 North Third Street, 7 loor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff #745661-v1 02137-0001 ALED-CrriGE OF THE r,-,k 7rP7\K",'TARY 2009 JUL 20 P 1: 25' PENNS YLV,' ,,N!A RANDOLPH DUNCAN, Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDER Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS OF CUM BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KOFLER, : NO. 05-5689 CIVIL T ERM IN R E: PLAINTIFF'S POST-TRIAL MOTION FOR AWARD OF ATTORNEY'S FEES, COSTS, EXPENSES AND INTEREST ORDER OF COURT AND NOW, this 10th day of August, 2009, upon consideration of Plaintiffs Post- Trial Motion for Award of Attorney's Fees, Costs, Expenses and Interest, and of Defendant's Post Trial Response to Plaintiff's Post Trial Motion for Award of Attorney's Fees, Costs, Expenses and Interest, a hearing/argument is scheduled for Tuesday, October 20, 2009, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Defendant is hereby directed to file an answer with the Prothonotary's Office to the Rule issued by this court on July 13, 2009, and not a brief with the Court Administrator. BY THE COURT, I k 141L,, , f Wesley Oler, , even M. Williams, Esq. 240 North Third Street 7t, Floor Harrisburg, PA 17101 Attorney for Plaintiff Au'ane P. Stone, Esq. 8 N. Baltimore Street P.O. Box 696 Dillsburg, PA 17019 Attorney for Defendants :rc F THE "Ci 9 1't ?,i G 1 2 A. f i !'~ t i 9 { k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDOLPH DUNCAN CIVIL DIVISION Plaintiffs, No: 05-5689 V. KURT UNDERKOFLER and PAULET17E UNDERKOFLER, Individually and Jointly, Defendants DEFENDANTS POST TRIAL ANSWER TO PLAINTIFF'S POST TRIAL MOTION FOR AWARD OF ATTORNEY'S FEES, COSTS, EXPENSES AND INTEREST COMES NOW, Kurt Underkofler and Paulette Underkofler (collectively the "Underkoflers" or "Defendants") by and through their attorneys at the Law Offices of Duane P. Stone, PC, and submit this Post Trial Answer to Plaintiffs Post Trial Motion in accordance with Judge Oler order, dated August 13, 2009. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. However, it is specifically denied that a copy of the Complaint is attached as Exhibit A. Exhibit A is a copy of the Contract between Plaintiff and Defendants. 5. Denied as stated. It is admitted that Plaintiff began performing the contract on or about August 5, 2004, as opposed to August 5, 2005 as stated in Plaintiffs Motion. However, the Contract was modified via addendum and oral modifications. Therefore, it is specifically denied that Phases I and II were completed as described in Plaintiffs Exhibit A in late November or early December 2004. 6. Denied. It is specifically denied that Defendants refused to pay the balance due for Phases I and II and refused to pay the deposit required for Phase III. As basis of the underlying suit, Defendant believed the Contract was paid in full through settlement of the Contract - Plaintiff was to perform no more work and Defendants paid for what work was completed. Defendant also believed set off was appropriate if the Contract was deemed enforceable in its entirety despite the settlement. 7. Denied in part, admitted in part. It is specifically denied that Defendants persisted in non-payment as Defendants did not owe any more money because the Contract was terminated by settlement. However, it is admitted that Defendants received credits for work not performed for Phases I, II and III. 8. Denied as stated. It is specifically denied that the Balance Due was $8,080.00. By way of further answer, a verdict was rendered in this case in the amount of $8,484.00 and Defendants believe the verdict represented an award for attorney fees, interest, late fees, and set off. 2 9. Denied as stated. Defendants did not refuse to pay the Balance Due as Defendants believed they did not owe any more money as they parties "settled up" when they did the final walkthrough. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted in part. It is admitted that Defendants informed Plaintiff that they had a pending Chapter 13 bankruptcy case. However, Defendants lack sufficient information and knowledge to form a belief as to the averment that this was the first time Defendants revealed the pending bankruptcy to Plaintiff or that this was the first time Plaintiff was informed of the bankruptcy proceeding and as such it is specifically denied. 15. Admitted. By way of further answer, Defendants were not in violation of the bankruptcy plan by entering into and performing the Contract with Plaintiff. 16. Denied as stated. It is specifically denied that Plaintiff was reqired to hire new counsel to prosecute his case as Plaintiff could have dropped his case or represented himself. However, it is not Defendants' fault that Plaintiffs counsel failed to perform a conflict check, which should have revealed his firm was acting as trustee in Defendants' bankruptcy 3 matter. As such, Defendants should not be held responsible for Plaintiffs prior counsel's nonfeasance. 17. Denied. It is not Defendants' fault that Plaintiff s counsel failed to perform a conflict check, which should have revealed his firm was acting as trustee in Defendant's bankruptcy matter and as such Defendants should not be held responsible for any additional attorneys fees that Plaintiff incurred as a result of his prior counsel's nonfeasance. 18. Admitted. 19. Denied as stated. Defendants could no longer afford counsel as a result of the bankruptcy and as such had to dismiss their attorney. 20. Admitted. 21. Denied as stated. The Board of Arbitrators made an award of $11,655.00. When Defendants sought to satisfy this amount, Plaintiff refused tender and stated he needed more money. Defendants were acting pro se and without the advice of counsel; because of their lack of legal sophistication, they appealed and sought legal assistance. 22. Admitted. 23. Admitted. By way of further explanation, Defendant's were pro se and did not understand discovery and how to present their case -- they believed they could just go to court and call witnesses. 24. Admitted. 25. Admitted. 26. Admitted. 4 27. Admitted in part, denied in part. While it is admitted that the jury found for Plaintiff in the amount of $8,484.00, the verdict did not state how the jury came to its conclusion. Further, the verdict did not state whether the amount awarded was for the Amount Due as alleged by Plaintiff, or for attorney fees, interest, late fees, and set off as believed by Defendants. 28. Denied. Paragraph 28 constitutes a request or conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. 29. Admitted in part. It is admitted the Paragraph 16 of the Contract is a clause for reasonable attorney's fees, costs and expenses. However, Defendants believe the jury verdict was to satisfy this clause as Defendants had paid any amounts due under the Contract at settlement. 30. Admitted in part, Denied in part. Admitted that Plaintiff made a request to recover fees in the "Wherefore" clause of his Complaint; however, it is specifically denied that he has a right to recover under this prayer for relief without a jury's determination of what award is to be given. 31. Denied. Paragraph 31 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied as this law is not applicable to the present case. 5 32. Denied. Paragraph 32 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. 33. Denied. Paragraph 33 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. 34. Denied. Paragraph 34 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. It is further denied that the case cited is applicable to the present case. 35. Admitted. 36. Denied. It is specifically denied that "it follow that Mr. Duncan is entitled to recover his legal fees, costs and expenses." At trial, the jury was to determine all Awards per the contract as all terms of the Contract were in dispute, including the reasonableness of any attorney fees. As such, the jury award should be considered to include all legal fees, costs and expenses. 37. Admitted. It is specifically admitted that Mr. Laskowski was attorney for Plaintiff as set forth in the affidavit. By way of further answer, Plaintiff failed to present this to the trier of fact. Further, Plaintiff is not entitled to duplicative fees because Plaintiffs counsel did not perform an initial conflict of interest check prior to being hired. 6 38. Admitted in part. It is specifically admitted that Mr. Laskowski set forth his legal fees in the affidavit. However, Defendants lack sufficient information and knowledge to form a belief as to the truth of the averment and therefore it is specifically denied. By way of further answer, Plaintiff failed to present this to the trier of fact. Further, Plaintiff is not entitled to duplicative fees because Plaintiffs counsel did not perform an initial conflict of interest check prior to being hired. Defendants also contend that the Jury awarded attorney fees as a part of their verdict. 39. Admitted. It is specifically admitted that Mr. Laskowski sets forth his costs in the affidavit. However, Defendants lack sufficient information and knowledge to form a belief as to the truth of the averment and therefore it is specifically denied. By way of further answer, Defendants contend that the Jury awarded costs and expenses as a part of their verdict. 40. Admitted in part. It is specifically admitted that this amount is set forth within the affidavit. However, Defendants lack sufficient information and knowledge to form a belief as to the truth of the averment and therefore it is specifically denied. 41. Denied. Paragraph 41 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. By way of further answer, Defendants contend the Jury verdict made an award with reasonable attorney fees. 7 42. Admitted. It is specifically admitted that Mr. Williams was hired as counsel and set forth an affidavit. However, Defendants lack sufficient information and knowledge to form a belief as to the truth of the averments set forth in the affidavit and therefore it is specifically denied. 43. Admitted in part. It is specifically admitted that Plaintiff attorney Mr. Williams set forth his attorney fees. However, Defendants lack sufficient information and knowledge to form a belief as to the truth of the averments set forth in the affidavit and therefore it is specifically denied. 44. Admitted in part. It is specifically admitted that Plaintiff attorney Mr. Williams set forth his costs. However, Defendants lack sufficient information and knowledge to form a belief as to the truth of the averments set forth in the affidavit and therefore it is specifically denied. 45. Admitted in part. It is specifically admitted that Mr. Williams sets forth his legal fees in this amount. However, Defendants lack sufficient information and knowledge to form a belief as to the truth of the averments set forth in the affidavit and therefore it is specifically denied By way of further answer, Defendants contend that the Jury verdict included attorneys fees and costs. 46. Denied. Paragraph 46 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. By way of further answer, Defendants contend the 8 Jury verdict made an award with reasonable attorney fees, costs and expenses. 47. Admitted in part, Denied in part. It is specifically admitted that this case was for a relatively small amount in controversy. However, it is denied that case required "full blown litigation" as Defendant's on numerous occasions offered more than what the Jury awarded. However, it is possible that litigation was purposely used to churn legal fees. 48. Denied. Plaintiff was not forced to do anything. Plaintiff could have settled, dropped or mediated the case. Thus there choice of action requires the Jury to determine if attorney fees are reasonable under the totality of the circumstance. 49. Denied. Defendants lack sufficient knowledge or information to for a belief as to how seasoned Plaintiff's counsels were and therefore it is specifically denied. By way of further answer, the length of time one is an attorney does not equate necessarily to experience, competence, or correctness in a position. 50. Denied. Paragraph 50 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied that the fees are reasonable. 51. Denied. Plaintiff chose to continue in litigation. 1) Plaintiffs attorney should have found out as soon as he was hired that Defendant's were in bankruptcy, as his business partner was acting as Trustee. 2) 9 Defendant's appealed because they were in bankruptcy and could not pay and they believed they had settled with Mr. Duncan. 3). Defendant's made numerous offers which Plaintiff refused, as he always increased his demands every time an offer was made. In fact the Jury awarded nearly $4,000 less than what was offered ($12,000) in settlement months before trial. Further, Defendants acted within their legal rights at all stages of litigation and should not be penalized for doing so. 52. Denied. Paragraph 52 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. 53. Denied. Paragraph 53 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. Further, the applicability of the contract clauses were for the Jury to determine as the contract and its terms were in dispute as to whether certain clauses were triggered by the behavior of the parties. 54. Admitted in part. It is specifically admitted that the interest in the contract was 18%. However, it is specifically denied that application of this provision is proper, as the defendant had a right to contest an incorrect bill. Also, Defendants contend that the Jury verdict included an award for interest. 10 55. Denied. Paragraph 55 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. 56. Denied. Paragraph 56 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. By way of further answer, in the case a bar, all matters of attorney fees, interest and cost should have been presented to the jury to determine and Defendants contend that the verdict included any attorneys fees and costs to which Plaintiff is entitled. A Plaintiff should not be given a second bite at the apple because he or she made a strategic decision. 57. Admitted in part. It is specifically admitted that the Jury awarded $8,484.00. However, Defendants presented arguments to the jury that the contract was modified, that math errors existed and that set off should be given for numerous errors of Plaintiff. In addition, Defendants and Plaintiff mentioned attorney fees, interest and costs in the Contract and Defendants contend that the Jury verdict included these items. 58. Denied. The date of the breach was for the Jury to determine, as the facts of the case made it unclear as to when the breach occurred or when the Defendant's knew what the actual correct amount was due and owed to the Plaintiff. This is why the Jury must determine when interest begins and why these issues presented in Plaintiffs Post Trial Motion should have been presented to a Jury. 11 59. Denied. The date of the breach was for the Jury to determine, as the facts of the case made it unclear as to when the breach occurred or when the Defendant's knew what the actual correct amount was due and owed to the Plaintiff. This is why the Jury must determine when interest begins and why these issues presented in Plaintiffs Post Trial Motion should have been presented to a Jury. The Jury award may also reflect interest. 60. Denied in part. Paragraph 60 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. It is specifically admitted that post judgment interest begins at the date of verdict. However, typically the rate of interest for Post Judgment Interest is at the State's legal rate of interest, not a rate set by Plaintiff. 61. Denied. Paragraph 61 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. 62. Denied. Paragraph 62 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. . 63. Denied. Paragraph 63 constitutes a conclusion of law to which no responsive pleading is required. To the extent a response is required, it is specifically denied. By way of further answer, Plaintiff is not entitled to his request before this honorable court, as the determination of facts as 12 to reasonableness in attorney fees, interest, expenses, costs, post judgment interest belonged squarely in front of the Jury. Because the Jury verdict did not state whether it included attorney's fees, costs and expenses, it is reasonable to conclude that they were included and that Plaintiff is not entitled to further recovery. 64. Denied. Paragraph 64 constitutes an opinion to which no responsive pleading is required. To the extent a response is required, it is specifically denied. By way of further answer, Plaintiff should have a transcript prepared in case this honorable court needs to refer to arguments presented by either counsel in reference to the issues stated in the Plaintiffs Post Judgment Motion and Defendant's Post Judgment Answer. Wherefore, Defendant respectfully requests that this Honorable Court deny Plaintiffs Post Judgment Motion in all respects and order that the Jury Verdict shall stand and will not be altered, except that Post Judgment interest shall be calculated at the legal rate of interest determined by statute. Respectfully Submitted, LAW ICES OF DU P STONE Duane P. Stone, Esq. Attorney I.D. No. 85715 8 N. Baltimore Street Dillsburg PA 17019 Ph: (717) 432-2089 Fax: (717) 432-0158 Attorney for the Defendants 13 CERTIFICATE OF SERVICE I hereby certify that on the 19th day of August, 2009, a copy of the foregoing Defendants Post Trial Response to Plaintiff s Post Trial Motion For Award Of Attorney's Fees, Costs, Expenses And Interest was served upon the following individual by first-class mail, postage prepaid: Steven M. Williams 240 North Third Street 8th Floor Harrisburg, PA 17101 Respectfully submitted, LAW OFFICES OF DUANE P. STONE Duane P. Stone, Esq. Attorney I.D. No. 85715 8 N. Baltimore Street Dillsburg PA 17019 Ph: (717) 432-2089 Fax: (717) 432-0158 Attorney for the Defendants 14 FILET u i ; ,?r* CF THE 2009 AUC, 19 PIN 1: ?6 , UN _ ''l'}, RANDOLPH DUNCAN, Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDER Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS OF CUM BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KOFLER,: NO. 05-5689 CIVIL T ERM IN R E: PLAINTIFF'S POST-TRIAL MOTION FOR AWARD OF ATTORNEY'S FEES, COSTS, EXPENSES AND INTEREST ORDER OF COURT AND NOW, this 5t' day of October, 2009, upon request of Steven M. Williams, Esq., attorney for Plaintiff, and with no objection from Duane P. Stone, Esq., attorney for Defendant, the hearing/argument previously scheduled in the above matter for October 20, 2009, is rescheduled to Wednesday, December 9, 2009, at 2:45 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Steven M. Williams, Esq. 240 North Third Street 7', Floor Harrisburg, PA 17101 Attorney for Plaintiff Duane P. Stone, Esq. 8 N. Baltimore Street P.O. Box 696 Dillsburg, PA 17019 Attorney for Defendants, :rc (20F 6 es Mgt LF-r--L lOfS??' Ti "7!ARY 1 1-: ) I 2009 OC I -8 Pli R .. ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDOLPH DUNCAN CIVIL DIVISION Plaintiffs, No: 05-5689 V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants MOTION FOR LEAVE TO WITHDRAW APPEARANCE TO THE HONORABLE JUDGES OF THE COMMON PLEAS COURT: NOW COMES Duane P. Stone, Esquire, of Stone, Duncan & Associates, P.C., who respectfully moves to this Honorable Court for leave to withdraw his appearance on behalf of the Defendants, Kurt Underkofler and Paulette Underkofler, and avers the following in support thereof- 1 . Defendants Kurt Underkofler and Paulette Underkofler, husband and wife, are adult individuals who reside at 792 Brentwater Road, Camp Hill, PA 17011. 2. Duane P. Stone is an attorney who entered appearance on the above captioned matter on or about March 18, 2009. 3. This is a breach of construction contract action that Plaintiff commenced on August 5, 2005 at the Magisterial District Judge's Office and which was appealed to this Court on November 2, 2005. Trial was held June 29 -30, 2009. Verdict was for Plaintiff. Plaintiff has made a post trial motion. 4. Prior to Attorney Stone's entry of appearance, Defendants were represented pro se. 5. Attorney Stone agreed to represent Defendants with the understanding that Defendants would pay the usual and customary hourly rates for his time in this matter, plus costs, and that fees for time spent and costs incurred would be billed monthly and paid upon receipt. 6. Since July 2009, Attorney Stone has billed Defendants $2,807.44 for fees and expenses that have not been paid, and were provided to Defendants in invoices attached hereto as Exhibit A. Defendants have not made a single payment on those monthly bills and have avoided this firm's attempts at collecting by changing all known telephone numbers and email addresses. 7. In September and October, 2009 Attorney Stone informed Defendants that he would withdraw unless Defendants paid their obligations to Attorney Stone's firm. 8. Defendants' failure to pay Attorney Stone's firm is a substantial breach of Defendants' obligations to Attorney Stone's firm. 9. Unless Attorney Stone's motion to withdraw is granted, Attorney Stone's firm will incur an unreasonable financial burden based on the need to take this matter through post trial motion hearings. 10. Further, Attorney Stone is unable to provide effective representation to Defendants because of their unwillingness to return correspondence or otherwise cooperate in the defense of the above-referenced action. 11. Attorney Stone has informed Defendants of counsel's pending request for leave of court to withdraw his appearance based upon the foregoing reasons in accordance with Pa.R.C.P. 1012(d). 12. Attorney Stone has further informed Defendants of their right to retain new counsel or to raise with this Honorable Court any points that they deem worthy of this Court's consideration. A true and correct copy of counsel's notice to Defendants providing this information is attached to this Motion and marked as Exhibit B. 13. Attorney Stone desires to withdraw his appearance on behalf of Defendants in the matter listed herein. WHEREFORE, Duane P. Stone moves that this Honorable Court will grant his motion and grant him leave to withdraw his appearance on behalf of Defendants Kurt and Paulette Underkoffler. Date: 1 (1/1 1 ; o G/ Respectfully Submitted, Duane P. Stone, Esquire Attorney I.D. # 85715 P.O. Box 696 8 N. Baltimore Street Dillsburg, Pa 17019 (717) 432-2089 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDOLPH DUNCAN Plaintiffs, CIVIL DIVISION No: 05-5689 V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I have served a true and correct copy of the foregoing Motion for Leave to Withdraw Appearance in accordance with applicable Pennsylvania Rules of Civil Procedure by first class mail, postage pre-paid, to: Kurt and Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Steven Williams, Esq. 240 N. Third Street, 7th Floor Harrisburg, PA 17101 Attorney for Plaintiff Dated: /?/ j` o? Duane P. Stone, Esquire Exhibit A LAW WAIL ` TZi Vi iJUaitc r. %7LVi11U? rv Attorneys and Counselors at Law Quality, Integrity & Personal Attention Kurt and Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 RE: Civil Litigation Previous Balance Fees 07/30/2009 DPS Aroys4,* Wh of case law and iiifftq' Or„V post trial nl+&or? r rce6. AiM?"is of oppomi ' bbun s motion. - 07/31/2009 DPS 2Q pt?3l-trr?t rrKftn te$ponse Outlined jury's dues; art`i?Y ?rguht?ts. 08/03/2009 DPS Re-drat# t ItZe, 0 page post-trial motion response. DPS F r 3( tt'adminis# ator of Cumberland Co nty.' 13c1'fri cour#mse 08/13/2009 DPS Rftiewj'd'0M0t to supplement answer and attend tlit?4? ? . pdot j me ftiiiia ri n g. 08/17/2009 DPS Drift and finalize Answer for Post Judgment Mourn. For Current Services Rendered Ex ` nos 08/03/2009 Postage to mail out answer to motion. Total Expenses Total Current Work Payments 07/24/2009 Payment 07/29/2009 Payment Total Payments P.O. BOX 696 ° DILLSBURG, PA 17019 2.7 2.7 4,515.2 -1,000.0 -500.0 -1,500.0 717-432-2089 Fax 717-432-0158 Statement Date: 09/02/2009 Account No. underkof.01 Statement No. 1898 Page No. 1 Rate Hours 200.00 7.40 $2,807.,e 1,480.( 200.00 8.80 1,760.( 200;00 4.00 800.( 7&00 0.70 52.F 200.00 0.10 20.C 200.00 2.00 400.0 23.00 4,512.E Kurt and Paulette Underkofler RE: Civil Litigation Finance Charge Balance Due Your account is 60 days past due. Your trust account balance is Opening Balance 07/24/2009 Payment for services rendered. 07/24/2009 Payment for services rendered. PAYEE: Law Offices of Duane P. Stone, PC 07/29/2009 Payment for services rendered. 07/29/2009 Payment for services rendered. PAYEE: Law Offices of Duane P. Stone, PC Closing Balance Payments received after 10-31-09 are not included on this statement. Invoice payment is due 15 days from date of invoice. A finance charge of 1% per month will be assessed on all accounts 15 days past due. Thank you for choosing our firm. We appreciate your business. Please consider referring family and friends. Statement Date: 09/02/2009 Account No. underkof.01 Statement No. 1898 Page No. 2 2.', $5,824.E $0.00 1,000.00 -1,000.00 500.00 -500.00 $0.00 JLdW V111%;C.b V1 lJ1.iLd11C Jr-. %3LUAIC? rte. Attorneys and Counselors at Law Quality, Integrity & Personal Attention Kurt and Paulette Underkofler 792 Brentwater Road Statement Date: 11/16/2009 Camp Hill, PA 17011 Account No. underkof.01 Statement No. 1958 RE: Civil Litigation Page No. 1 Draft Statemei Previous Balance $5,824.9 E Rate Hours 10/21/2009 JGM MLG - drs ! 1''FlF J w/ order and cer ifrcateof SeMoft 180.00 1.00 180.0 For Cun'erk -S?fVipes Rendered 1.00 180.0 Tote! Currik t'1Ntrw`k 180.0 Finenoe.0h ifoe 11.9 ace $6,016.9 Your aecd tit ie 320 days past due. Payments received a ter 10-31-0 aM riot included an this statement. Invoice payment is due 15 days from date of invoice. A finance charge of 1% per month will be assessed on all accounts 15 days past due. Thank you for choosing our firm. We appreciate your business. Please consider referring family and friends. P.O. BOX 696 ° DILLSBURG, PA 17019 717-432-2089 Fax 717-432-0158 Exhibit B Law Offices of Duane P. Stone, P.c. ATTORNEYS AND COUNSELORS AT LAW P.O. Box 696 8 N. Baltimore Street Duane P. Stone Dillsburg, PA 17019 OFFICE 717-432-2089 Jason B. Duncan * FAx 717-432-0158 Neal E. Abrams * * www.StoneatLaw.com * Also licensed in New Jersey November 17, 2009 * * Of Counsel Kurt and Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Re: Duncan v. Underkofler, Case No. 05-5689 Dear Mr. and Mrs. Underkofler, Please accept this letter as notice of this firm's intent to formally terminate our attorney- client relationship. As discussed in prior telephone and written conversations, your agreement with this firm requires payment for services rendered and costs. Despite our repeated requests for payment, you have failed uphold your portion of the agreement. Further, your unwillingness to respond to inquiries and failure to work with this office has made it impossible for this firm to adequately and effectively represent your interests. We have not been able to reach you at the telephone number or email address you provided to this office as they have been changed and you have not provided updated contact information. For these reasons, we have submitted a motion to the court for leave to withdraw this firm's appearance from your case. Please take notice that you still have rights that should be asserted in your case; thus, you have the right to and should seek new counsel immediately so as to not lose those rights. You also have the opportunity to raise any points you deem worthy of consideration by the Court in regards to this firm's intent to withdraw its appearance. Please be aware that this in no way releases you from your obligation to pay your debt to this firm in accordance with the fee agreement. For your records we have attached a copy of your outstanding bill and correspondence regarding the outstanding balance along with the fee agreement you signed at the beginning of this firm's representation indicating your obligation to pay. Please do not hesitate to contact this office if you have any questions or concerns regarding the contents of this letter. Sincerely, Duane P. Stone Enc. Quality, Integrity and Personal Attention 40 Law Offices of Duane ATTORNEYS AN P. Stone, P.c. D COUNSELORS AT LAW P.O. Box 696 8 N. Baltimore Street Dillsburg, PA 17019 Duane P. Stone OFFICE 717-432-2089 Jason B. Duncan * FAx 717-432-0158 Neal E. Abrams * * www.StoneatLaw.com * Also licensed in New Jersey March 18, 2009 * * Of Counsel Mr. Kurt Underkofler 792 Brentwater Road Camp Hill, PA 17011 Re: Professional Services Engagement Letter Dear Mr. Underkofler, My rules of professional conduct require me to set forth our fee arrangements in writing at the commencement of a professional relationship. In addition, we are required to inform you our Professional liability insurance coverage is $500,000.00 per claim and $1,500,000.00 aggregate. With regard to my fees and billing practices, you will receive periodic billing from my firm, usually monthly or at the conclusion of a project, detailing services rendered during the last billing period plus costs and fees which were advanced on your behalf, such as filing fees, postage, telephone costs, express mail fees, fax and computerized research costs. If no services are rendered during the billing period, no statement is generated. Each attorney and professional staff member prepares accurate time records for each file on which they work. Hourly rates are determined periodically by my office, generally each year, and will vary according to the attorney who provides the service(s). There is a courier service fee for hand- delivery for filing of documents. Travel time is from portal to portal. Our hourly rates range from $100.00 to $250.00 per hour; my current veteran's discount hourly rate is $180.00. Paralegal and law clerk services are $75.00 per hour. I shall have the right to engage other attorneys to assist me at my own expense and at no additional cost to you. Unless otherwise agreed, we will perform services for you at our standard hourly rates. Statements are due upon receipt and must be paid within fifteen (15) days unless other acceptable arrangements are made in advance. My firm charges a 1% late fee per month if payments are not received on time. As well, if payment is not sent, there will be no further progress on your legal matter until the funds are received. With regards to appointments, there will be a $50.00 charge for broken appointments which have not been canceled 24 hours prior to the agreed upon time. If I must pursue legal action to collect my fee, I will be entitled to collection costs and attorney fees for the pursuit of payment. In addition you Quality, Integrity and Personal Attention Mr. Kurt Underkofler March 18, 2009 Page 2 will be responsible for the payment of any credit card transaction fees which may be incurred. We will represent you in your dispute with Randolph Duncan and in defense of the suit he has filed against you and your wife at our hourly rate of $200.00. At the outset of our business relationship we require a retainer of $3,000.00, which we will bill against at our hourly rate. Once the retainer is diminished to $250.00, we will cease work on your legal matter and there will be no further progress until the retainer is refreshed to the original amount of $3,000.00, unless some other arrangement is agreed to by us. We hereby acknowledge an initial payment of $1.000.00 with the remainder of the retainer to be paid in monthly installments of $1,000.00, with the first payment being due at the end of March 2009 and the second payment due at the end April 2009. We reserve the right to terminate our representation of you for failure to pay our fees or refresh the retainer, or make any payments. Please be aware, there is no guarantee of an outcome in your favor. As always, our relationship and discussions are protected by the attorney client privilege, therefore all of our discussions related to your legal matters will be held strictly confidential unless you authorize me to disclose those conversations. I understand I may speak with your spouse about these legal issues. By signing this letter you are agreeing to the terms of the fee arrangement. Please retain a copy of the letter for your records. If at any time during the course of our professional relationship, you have any questions regarding my services or fees, please raise them with me. I strongly encourage open and frank discussions about my work product and fees. I find that good communication enhances my professional relationship with clients and helps foster my ability to effectively and economically deal with any legal issue my client may face. JsonRectfully, B. Duncan terms of the professional J `Dane Tara Stonebraker From: Duane P. Stone Sent: Thursday, November 05, 2009 3:09 PM To: Tara Stonebraker Subject: FW: October 20th hearing Importance: High This is what he owes us if he wants us to go to the hearing in December Law Offices of Duane P. Stone, P.C. P.O. Box 696 8 N. Baltimore Street Dillsburg, Pennsylvania 17019 Ph: 717-432-2089 Fax: 717-432-0158 www.stoneatlaw.com This e-mail is confidential and may be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply email and then delete this message from your system. Please do not copy or save the e-mail or print it, nor use the e-mail for any other purposes, or disclose the contents to any other person. To do so could violate state and federal privacy laws and you could be subject to civil or criminal penalties. Thank you for your cooperation. Please contact Duane Stone at 717-432-2089 or e-mail Duane(&StoneatLaw.com if you need assistance. In addition, the Law Offices of Duane P. Stone, P.C. and Duane P. Stone, accept no liability for any errors or omissions arising as a result of transmission. From: Duane P. Stone Sent: Monday, September 28, 2009 5:01 PM To: 'kurt underkofler' Subject: October 20th hearing Importance: High C? Kurt- The Law Offices of Duane P. Stone, P.C. 8 N. Baltimore St. P.O. Box 696 Dillsburg, PA 17019 Office: (717)432-2089 Fax: (717)432-0158 Visit our WEBSITE QUALITY, INTEGRITY AND PERSONAL ATTENTION I had not heard from you regarding our last email. I understand there is a lot of confusion regarding your billing. I talked with Jason and he told me you were under the impression 11/17/2009 __L7 _ _ that our Post trial petition was a flat fee. Therefore, since there was confusion and in an attempt to rectify the situation, I will write off everything else in your Post trial petition, if you send us what is still due from the trial, which is $2,807.44. In addition, I will offer a flat fee of $1,500 to argue your petition on October 20th. I need to know if this is acceptable and if you can make payment by October 2nd. If not I need to know your intentions in regards to your case as to whether or not you are firing me or if I have to withdrawal. Thank you for your attention to this matter. Regards, Duane P. Stone Managing Attorney This e-mail is confidential and may well be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply e-mail and then delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any other person. To do so could violate state and Federal privacy laws. 11/17/2009 FILEL?i O r ^, r } j j1Y 2009 OY 25 Pt 2: -- 0 RANDOLPH DUNCAN V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 5689 CIVIL TERM ORDER OF COURT AND NOW, this 7!U day of DECEMBER, 2009, a Rule is issued upon the Defendants to Show Cause why attorney Duane P. Stone, Esquire, should not be allowed to withdraw from representing them in this matter. Rule returnable twenty (20) days after service. Steven M. Williams, Esquire Duane P. Stone, Esquire ,urt and Paulette Underkofler 792 Brentwater Road Camp Hill, Pa. 17011 :sld af 1£.s rnzILLL Edward E. Guido, J. RANDOLPH DUNCAN, Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDERKOFLER, Individually and Jointly Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-5689 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of December, 2009, upon consideration of Plaintiff's Post-Trial Motion for Award of Attorney's Fees, Costs, Expenses and Interest, and following a hearing/argument, the record is declared closed and the matter is taken under advisement. By the Court, Steven M. Williams, Esquire 240 North Third Street, 7th Floor Harrisburg, PA 17101 For the Plaintiff Duane P. Stone, Esquire 8 North Baltimore Street Dillsburg, PA 17019 For the Defendant pcb v t ?'? p EILfi-4r t;Y Tfi 7!'° `Ni )TARY 269 DEC 18 PI'l 3. 2 4 CGr! , RANDOLPH DUNCAN, Plaintiff V. KURT UNDERKOFLER and PAULETTE UNDER Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS OF CUM BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KOFLER,: NO. 05-5689 CIVIL TERM IN R E: PLAINTIFF'S POST-TRIAL MOTION FOR AWARD OF ATTORNEY'S FEES, COSTS, EXPENSES AND INTEREST BEFORE OLER, J. ORDER OF COURT AND NOW, this 21St day of December, 2009, upon consideration of Plaintiff's Post-Trial Motion for Award of Attorney's Fees, Costs, Expenses and Interest, and following a hearing/argument held on December 9, 2009, the motion is granted to the extent that Plaintiff is awarded attorney's fees and expenses in the amount of $35,187.15, and interest at the legal rate from the date of judgment, and is otherwise denied. Steven M. Williams, Esq. 240 North Third Street 7th Floor Harrisburg, PA 17101 Attorney for Plaintiff wane P. Stone, Esq. 8 N. Baltimore Street P.O. Box 696 Dillsburg, PA 17019 Attorney for Defendants, ?noIES t :rc BY THE COURT, `F TI ! nr ,, , ,', °OTARY 2069 DEC 22 Pill 2: 2c.) Tz. Cc? ?.? $ 1 Ft E L) - ." - 20 10 JAN 19 PH 1* 2;3 Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 swilliams@cohenseglias.com 240 N. Third Street, 7"' Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, NO.: 05-5689 Defendants : CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF JUDGMENT ON VERDICT AND POST-TRIAL ORDER To the Prothonotary: Please enter judgment in this case in favor of Plaintiff, Randolph Duncan, and against Defendants, Kurt Underkofler and Paulette Underkofler, jointly and severally, in the amount of $8,484.00, which amount represents the jury verdict in this case dated June 30, 2009, plus costs and interest. 0.00 P4 A`11 ft-t 3fiq of a?4il ??Ct k"d Respectfully Date: /IIAf 1t) Cohen By: & Furman, PC Steven M. Williams, PA I.D. #62051 240 North Third Street, 7t' Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 2 RANDOLPH DUNCAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KURT UNDERKOFLER AND PAULETTE UNDERKOFLER, Defendants NO.: 05-5689 CIVIL ACTION -LAW NOTICE OF JUDGMENT To: Kurt Underkofler and Paulette Underkofler, Defendants _`-0101D You are hereby notified that on ?1t3/1 f , aW, the following (9Fderr (Besxee) (Judgment) has been entered against you in the above-captioned case. $8,484.00, which amount represents the jury verdict in this case dated June 30, 2009, plus costs and interest. "-/? ) DATE: Pr tary I hereby certify that the name and address of the proper person(s) to receive this notice is: Kurt Underkofler Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Defendants A: Kurt Underkofler and Paulette Underkofler, Defendido/a or Defendidos/as Por este medio se le esta notificando que el de del 2009, el/la siguiente (9rdeR), (DesFew), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Kurt Underkofler Paulette Underkofler 792 Brentwater Road Camp Hill, PA 17011 Abogado del Demandante 4875212-v1 02137-0001 AN A z ,. M t, © ''r? t `4 5 T ?l Z - Cl ..t C, £ N? ??9 05 s&e 9 January 27, 2011 This Agreement is between Randy Duncan of Home in Hand and Kurt Underkofler and Paulette Underkofler. Kurt and Paulette Underkofler agree to pay Randy Duncan of Home in Hand $15,000 on or before 150 days of the signing of this agreement. Payment will be made in the form of either certified check or money order. This will dissolve any further litigation or obligations by either party. Specifically the Lawsuits that Mr. Duncan has won against the Underkoflers, those will be superseded by this agreement. If any costs are incurred to file this with the courts or other regulatory body, Kurt & Paulette Underkofler will assume those costs. If Randy Duncan is not paid within the timeframe stated above, Mr. Duncan retains all legal rights before the agreement was entered into. Meaning the Underkoflers would owe Mr. Duncan the total amount due by previous litigation and judgment. Additionally, the Underkoflers would be responsible for any additional fees including but not limited to legal fees incurred by Mr. Duncan as a result of their nonpayment. Upon paying Mr. Duncan, Kurt and Paulette Underkofler will have satisfied their obligations to Mr. Duncan. Bc,Lh parties agree iic)L to Slander ei--iler party or their 1-business interest. Ile Kurt Underkofle date /'?>z Paulette Underkofle date / / Q I Randy Duncan date ` l d 7 / 2-Q l ( ) ?.a c Notary: ' CAD 'rJ zp ? w ?: Cornmonw lth of Pennsylvania County of n this, the day of , 2d , before me , the u dersigned officer personally appearedk(,r t"/ tU1 k UM61622&410 ". Rftnho me (or satisfactorily proven) to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that _he_ executed the same for the purposes therein contained. In witness whereof, I hereun. o set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notai lai Seal Kristen Smith, Notary Public Silver *IiFV TWp., QmbMWW county Nota. y Public na Feb. 19 2014 N ARIES