HomeMy WebLinkAbout06-1344
COMMONWEALTH OF PENNSYLVANIA
" COURT OF COMMON PLEAS
Judicial District, County Of CtJMlo~\\<>vv'\.2.
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 0" - /3</ 'I ~ fA-
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 District Justice on
the date and in the case referenced below.
MAG. DIST. NO.
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ADDRESS OF APPELLANT
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DATE OF JUDGMENT
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SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT / / }
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This block will be signed ONLY when this notation ;s required under Pa.
R.C.P.D.J. No, 100BB.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
If appel/ant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
before a District Justice. A COMPLAINT MUST BE FILED within twenty
SignafureofProfhonofaryorDaputy
(20) days after tiling the NOTICE of APPEAL
'7A
,
,
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see PaRC.P.D,j No, :roOt(?) in action before District Justice, IF
NOT USED, detach from copy of notice of appeal to be served upon appellee,
PRAECIPE: To Prothonotary
Enter rule upon
-~ _ / j '/'J) /1 ,S + (l.{,( u- '\
~ Nameofappellee(s)
appellee(s), to file a complaint in this appeal
(Common Pleas No, . uOi" / /3 .., V CA.uJ T
)-'~.",")M~'~'C/["-
f appellant or attorney or agent
RULE: To _-1LuV' A 5~.1!{' / ,',
;. Name of appel/ee(s)
, 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 MAY BE ENTEHED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 1lt"".u4. q, 20 Or.-
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURl FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(I/lis proal 01 service MUS I BE EILED WITHIN fEN
DA YS AFtEr;; filing of the
;;;X\'!ca[,:c:
COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF
ss
AFFIDAVIT:
i hereby
(affirm) that I served
a copy of the Notice of Appeal, Common f)\eas No
, upon the
(date of service)
by personal
sender's rO('.Bipt attached hereto, and upon the appeH8c, (name)
20
by personal SOfV!ce
sender's receipt attfJched hereto,
(SWORN) (AFFIRMED) AND SUBSCRIBED 8EFORF ME
THIS DAY OF ,20
My commission expires on 20 ~
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/\OPC 312A - 02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: COIIBBRLABD
,
09-2-02
NOTICE OF JUDGMENTITRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
IsTBVDS , :t. '!lIIB A -,
3844 PARHBTBAD DK
PAYBTTBVrLLB, PA 17222
L ~
Mag. Dis!. No.
MDJ Name: Hon
JESSI:CA BBJnIBUBK
Add"" 1 COURTHOUSB sa B WIlliG
CAllLI:SLB, PA
Te'epho,e, (717) 240-6564
17013
DEFENDANT
IjAYLBY, IIAU:
155 S JlAlIIO'V1m ST
CARLISLB, PA 17013
L
Docket No.: CV-0000005-06
Date Filed: 1/11/06
VS.
NAME and ADDRESS
-,
~
~..,-
~
JESSICA BIllnfBAXBJl
1 COURTHOUSB Sa B WIllIG
CARLISLB, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment:
Ii] Judgment was entered for:
DII:I!'AULT .~ PLTI!'
(Name)
SI'P'I2V"RWA r r.~ a.
[i] Judgment was entered against: (Name) llaVT.,"" 1111.11'"
in the amount of $
1 0;'74 00 on:
(Date of Judgment)
2/22/0"
o Defendants are jointly and severally liable,
o Damages will be assessed on:
(Date & Time)
O Amount of Judgment Subject to
AttachmenV42 Pa.C.S. 9 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
PostJ
Post.Ju
t of Judgment $ 1,500.00
ent Costs $ 74.00
I on Judgment $ .00
y Fees $ .00
$ 1,574.00
udgment Credits $
dgment Costs $
------------
------------
eel Judgment Total $
o This case dismissed without prejudice,
Amoun
Judgm
Interes
Attorne
Total
Certifi
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 JUDGMENTfTRANSCRIPT 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 MAYBE 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 l'HE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
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Date
, Magisterial District Judge
I certify that this is a true an
Date
rrect copy of the record of the proceedings containing the judgment.
, Magisterial District Judge
My commission expires first Monday of January, 2012
SEAL
AOPC 315.05
DATE PJtIIIITBD:
2/23/06
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PIZOOF OF SERVICE OF NOTICE OF APPEAL A
i,[l;l;: BE HLLD WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check iln;)I!': 1I,le tl>e' ,j
I hereby (swear) (affirm) that I served __
. G1\" II I f1CfYl
a copy of the Notice of Appeal, Common Pleas No,O&13 Hupon the District Justice designated therein on
(dale of service) ,j 11 0 ' 20 0&, 0 by personal service [0"bY (certified) (registered) mall,
sender's receipt attached hereto, and upon the appellee, (name) ~JI)}1 A,G+e.ww ,on
31 ! 0 ,20 L)(~ 0 by personal service u;vby (certified) (registered) mail,
sender's receipt attached hereto,
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JNEALTH OF PENNSYLVANIA
f)F aJJjY\bIzJ tQ nol
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AfFIDAVIT:
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(SWORN) (AFFIRMED) AND S~BSC_RIBF. D BEFORE;..ME
TIt'S loLL DAY OF /17~ ,20(/'(".
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COMMONWEALTH OF PENNe','WANIA
COURT OF COMMON PLEAS
Judicial District, County Of
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, ~ .
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
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 District Justice on
the date and in the case referenced below.
N~ME OF APPELLANT
MAG. or5T. NO.
NAME OF D.J.
"J i
ADDRESS OF APPELLANT
CITY
STATE
ZIPe DE
.
" .- r .',
IIN THE CA~E OF (Plain~iff)
.',:
-(Def.:mdant)'
DATE OF JUDGMENT
)";' "
vs ' "
SIGNATURE OF APPELLANT OR AHORNEY OR AGENT
DOCKI:i'T No.
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R. C.P.DJ No, 1001(6) in action
R.C.P,D.J. No. 10086,
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. No, 1001(7) in action before District Justice, IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of 8P(XJlJee(s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature Qf appellant or attorney or agent
Name of appeffee(s)
, , ,
'~
, '
, ,
, appellee(s)
RULE: To
(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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
,20
Signature of protnonotary or Deputy
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312,02
COURT FILE
...____-'""..,--.-..".,~.~.;"_,,";~~........_.__,,'_"'..~M_
.
Stevens, Lynn,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
No. 06-1344
Bayley, Mark,
Defendant
BREACH OF CONTRACT COMPLAINT
FILED PURSUANT TO ISSUANCE OF RULE TO FILE
AND NOW, comes Plaintiff, Lynn Stevens, Pro Se and asserts the following:
1. Mr. Bayley contracted to file a contempt of court motion on Plaintiff,
Lynn Stevens behalf and see it to completion for a sum of $1,500.00 and to do so in a
competent and professional manner. Mr. Bayley did none of the above.
2. On or about June, 2005, Plaintiff, Lynn Stevens along with his mother and
father met with Mr. Mark Bayley at his oftice in Carlisle, P A.
3. At said meeting Plaintiff discussed with Mr. Bayley the filing of a
Contempt of Court Order against Lynn Stevens' ex-wife and mother of Lynn's children,
Cole 12 years old and Kara 9 years old.
...
4. After thorough discussion of the matter Mr. Bayley advised Plaintiff, Lynn
Stevens, that he would file a contempt of court motion on Plaintiffs behalf and see it to
completion for a sum of Fifteen Hundred Dollars ($1,500.00) which sum Plaintiff, Lynn
Stevens paid to Mr. Bayley.
5. Mr. Bayley filed numerous erroneous "petitions for finding of contempt"
with the Court of Common Pleas of the 39th Judicial District Of Pennsylvania -Franklin
County Branch; Petitions that were returned to him by the Court for various infractions.
-For example:
a. July 25, 2005, the Honorable Judge Richard Walsh, Franklin County
Branch, Ordered the Petition be returned to Mr. Bayley with leave to
correct (3) defects. [Exhibit A]
b. August 30, 2005, the Honorable Judge Richard Walsh, Franklin County
Branch, Ordered the Petition be returned to Mr. Bayley with leave to
correct (l) defects. [Exhibit BJ
c. September 21,2005, the Honorable Judge Richard Walsh, Franklin County
Branch, Ordered the Petition be returned to Mr. Bayley with leave to
correct (2) defects. [Exhibit C}
6. Plaintiff, Stevens made repeated telephone calls to Mr. Bayley's office to
inquiry as to status of matters. However, Mr. Bayley would not talk to Plaintiff Stevens
and would not return his calls.
7. On or about December, 2005, Plaintiff sent Mr. Bayley a letter discharging
him.
8. January II, 2006, Plaintiff Stevens filed with the District Justice a civil
complaint alleging Mr. Mark Bayley had "breached their contract".
2
...
9. A Hearing date was set tor February 13, 2006 before the Honorable
Magisterial District Justice, Jessica E. Brewbaker.
10. Defendant Bayley notified the District Justice office of his "Intent to
Defend" and the Hearing was rescheduled for February 22, 2006.
11. The Notice of Intent to Defend form served upon the Parties clearly shows
the Hearing Date as February 22, 2006 at 9:00 AM.
12. Mr. Bayley did not appear at the, February 22, 2006, scheduled Hearing
and a Default Judgment] was placed against him.
13. Mr. Bayley then served upon Plaintiff Stevens a "MOTION TO V ACA TE
JUDGMENT AND RESCHEDULE HEARING" [Exhibit Dj.
14. Presumably, the Prothonotary did not accept Mr. Bayley's motion and
provided him with the proper forms for filing an appeal to a district magistrate's decision.
15. Mr. Bayley's Appeal from District Justice's Judgment was filed on the
proper forms March 9, 2006.
WHEREFORE, it is respectfully requested the Court find in favor of Plaintiff
Stevens in this matter.
Respectfully submitted,
Date :, -"2-'1-0<...
L~-
Lynn Stevens, Pro Se
3844 Farmstead Drive
Fayetteville, PAl 7222
Telephone (717) 352-4518
3
Stevens, Lynn,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
No. 66-1344
Bayley, Mark,
Defendant
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand false statements herein are subject to the penalties of 18 Pa. Cons. Stat. 9
4904 relating to unsworn falsification to authorities.
'3,-'2.' -0 <-
Date
L.......---~~
Lynn A. Stevens, Plaintiff
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MARK F. BAYLEY, ESQUIRE
ATTORNEY lD NO. 87663
IRWIN & BAYLEY
64 SOUTH PITT STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
LYNN A. STEVENS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. CP-21-CV-&134 Z996 CIVIL
J.oolP - , 3"14
MARK F. BAYLEY,
DEFENDANT
PRAECIPE FOR DEFENDANT'S CHANGE OF ADDRESS OF RECORD
TO THE PROTHONOTARY:
The new mailing address and address of record for Defendant, Mark F, Bayley,
Esquire, is as follows:
Mark F. Bayley, Esquire
IRWIN & BAYLEY
64 S. Pitt Street
Carlisle, PA 17013
Any and all pleadings, documents and other correspondence of any kind should
be forwarded to the new address of record as stated above from this point forward.
Date: ~- ~ l-cG
~:2
Defendant
,. -
MARK F. BAYLEY, ESQUIRE
ATTORNEY 10 NO. 87663
IRWIN & BAYLEY
64 SOUTH PITT STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
LYNN A. STEVENS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. CP-21-CV-0134-2006 CIVIL
MARK F. BAYLEY,
DEFENDANT
CERTIFICATE OF SERVICE
I, Mark F, Bayley, Esquire, do hereby certify that I this day served a copy of the
within Praecipe upon the following by depositing same in the United States rnail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Lynn A. Stevens
3544 Farmstead Drive
Fayetteville, PA 17222
S~S1-Qo
\~
Mark F. Bayley, Esq Ire
Dated:
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Statement o f Intention to Proceed m
2: t
To the Court: -? j
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L.y tr1 d1 S4-,qLY Lri S intends to proceed with the above capt ma".
a
Print Name L r1 r1 ??/t h s? Sign Name ?._.?.
Date: Attorney fora" S C
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
11 Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with pr u'dice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
477 THt . .
Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
2: 53
PEN IkS 'JA LA
LYNN STEVENS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
No. 06-1344
MARK BAYLEY,
Defendant
To: Lynn Stevens
3844 Farmstead Drive
Fayetteville, PA 17222
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Answer, New
Matter and Counterclaim within twenty (20) days from service hereof or a judgment may
be entered against you.
Date:
BAYLEY & MANGAN
Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court ID 4 87663
Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
LYNN STEVENS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
No. 06-1344
MARK BAYLEY,
Defendant
ANSWER, NEW MATTER, AND COUNTERCLAIM
AND NOW comes Mark F. Bayley, Esquire, and submits the within answer to
Plaintiffs Complaint:
1. Denied. By way of further answer Defendant (hereafter "Attorney")
agreed to represent Plaintiff (hereafter "Client") at an hourly rate of $150. per hour and
required an up-front $1,500. retainer payment; said agreement is evidenced by a June 29,
2005 letter that Attorney forwarded to Client (a copy is attached as "Exhibit A"). It is
denied that Attorney failed to represent Client in a competent and professional matter; in
fact, Client achieved his original objective as a product of said representation.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. It is admitted that Attorney and Client
thoroughly discussed the matter over a period of time at no expense to Client; it is denied
that an agreement was reached in relation to a flat fee (see response to paragraph #1 and
"Exhibit A")
Admitted in part and denied in part. By way of further answer:
a. By Order filed July 26, 2005 the Honorable Richard J. Walsh
granted petitioner leave to amend the petition based upon Pa.R.C.P. 1915.12(a) (relating
to notice and order substantially following form), Pa.R.C.P. 1915.12(b), (c) (relating to
petition substantially following form) (the original petition did substantially follow the
prescribed form), and Franklin County Local Rule 39-206.4(c)(ii) (relating to the
inclusion of a blank rule to show cause order); client was billed for the preparation of an
amended complaint (see itemized bill attached as "Exhibit B")
b. By Order dated August 30, 2005 the Honorable Richard J. Walsh
granted petitioner leave to amend the amended petition based upon Pa.R.C.P 1024
(relating to inclusion of a verification); Attorney had attached an "attorney verification"
with Attorney's signiture to the amended petition which the Court interpreted to be in
violation of said rule (which is debatable); client was not billed in any way regarding the
filing of the subsequent amended petition (see itemized bill attached as "Exhibit B").
C. By Order dated September 21, 2005 the Honorable Richard J.
Walsh granted petitioner leave to amend the twice amended petition for attorney's failure
to execute the petition and certificate of service which was the result of Attorney clerical
error; client: was not billed in any way regarding the filing of the subsequent amended
petition (see itemized bill attached as "Exhibit B").
6. Denied.
7. Admitted. By way of further answer Client indicated that he wished to
proceed pro se by email correspondence forwarded to Attorney on January 4, 2006.
8. Admitted.
9. Admitted. By way of further answer Attorney was informed on February
13, 2006 that the hearing would be rescheduled to an unspecified date.
10. Admitted. By way of further answer Attorney did not receive notice of the
rescheduled date from the Magisterial District Court nor does it appear that Client
received notice of the rescheduled date.
11. Denied. Said hearing notice was not served upon Attorney nor does it
appear that it was served upon Client.
12. Admitted. By way of further answer Client also did not appear at the
scheduled February 22, 2006 hearing nor did he contact the Magisterial District Court to
request a continuance or anything else between February 13, 2006 and February 22, 2006
which makes it apparent that the Magisterial District Court failed to serve either party
with regard to the rescheduled hearing date.
13. Admitted.
14. Denied. By way of further answer said motion was not acted upon.
15. Admitted.
Wherefore, it is respectfully requested that the Court find in favor of Defendant.
NEW MATTER
16. Previous paragraphs are herein incorporated.
17. Attorney did not bill for and has not made a claim for several hours of
time Attorney devoted to Client's case between December 2, 2005 and up and through
January 17, 2006 when Attorney's motion to withdraw was granted (see itemized bill
attached as "Exhibit B").
18. Attorney's bill in relation to hourly fees up and through December 2, 2005
totaled $1,530. of which Client still owes $30.00 (see itemized bill attached as "Exhibit
B ")
19. Attorney advanced payment of $75.00 to Pennsylvania Professional
Process Service in relation to Client's case for which client is responsible. (A copy of the
relating invoice is attached hereto as "Exhibit C.")
20. Despite Client's contentions, Client's original goal of reinitiating contact
with his children pursuant to an April 15, 2002 custody order was achieved prior to Client
terminating Attorney's representation as direct result of Attorney's representation. (See
Attorney's January 5, 2006 letter to Client attached as "Exhibit D")
COUNTERCLAIM
21. Previous paragraphs are incorporated herein.
22. Per Attorney and Client agreement, Client's outstanding balance with
Attorney stands at $105. ($30. hourly fees and $75. advanced process server fee).
Wherefore, Defendant requests that a judgment be entered in favor of Defendant
in the amount of $105. plus costs along with any additional appropriate relief.
Respectfully submitted,
l /?
L/
Mark F. Bayley, Esquire
17 W. South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D.#87663
VERIFICATION
I, MARK F. BAYLEY, verify that the statements made in the foregoing
document are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
U t?? U
Date: _
-? Mark F. Bayley, efendant
ROMINGER, BAYLEY & WHARE
Attorneys at Law
Karl E. Rominger
Mark F. Bayley
Michael J. Whare
James I. Nelson
Michael O. Palermo, Jr
June 29, 2005
Lynn Stevens
3 844 Farmstead Drive
Fayetteville, PA 17222
Dear Mr. Stevens:
It was a pleasure meeting with you and your parents in my office. As we
discussed, I have agreed to represent you regarding your current custody issues in
Franklin County should you decide to retain me. My fee for representation regarding this
matter is $150 an hour. I will require a $1,500 retainer to commence work.
Please do not hesitate to contact me if you have any additional questions.
Sincerely,
A "
Mark F. Bayley, Esquire
MFB/j ge
155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878
www.romingerlaw.com
F?'EXHIBIT
ADVOCACY ADVICE ANSWERS
/?
Stevens, Lynn
7-5-05
7-7-05
7-7-05
7-15-05
8-15-05
8-23-05
8-31-05
9-1-05
9-20-05
11-9-05
11-22-05
11-28-05
12-1-05
12-2-05
Open file; miscel.
Phone w/ Proth. & client
Draft petition
Finalize petition; arrange process server
Pull local rule; Research; revise petition
Finalize petition; ship
Review letter
Phone w/ client; letter
Review letter
Review pleadings
Letter
Prep. for hearing; hearing
Phone w/ Stiltner, Esq.
Letter
Total Hours:
@$150./Hour:
Credit Retainer:
Total Current Balance:
.3
.2
1.1
.3
1.3
.3
.05
.3
.05
.2
.1
5.7
.1
.2
10.2
$1,530.00
$1,500.00
$30.00
EXHIBIT
c?
INVOICE
Pennsylvania Professional Process Svc. Inv. # 2005000333
48 W. High St. 11-14-2005
P.O. Box 1148
Carlisle, PA 17013
Phone: (717) 960-9260
Fax: (717) 960-9262
Mark Bayley
Rominger, Bayley & Whare
155 S. Hanover St.
Carlisle PA 17013
Reference Number. Suzanne Stevens
Your Contact: Jackie Ege
Case Number: Franklin F.R. 2000-2520
Plaintiff:
Suzanne L. Stevens
Defendant:
Lynn A. Stevens
Completed: 11/10/2005
To be served on: Stevens, Suzanne L.
ITEMIZED LISTING
Line Item Quantity Price Amount
Service Fee (Local) 1.00 75.00 75.00
TOTAL CHARGED:
$75.00
BALANCE DUE:
Please enclose a copy of this invoice with your payment.
$75.00
EXHIBIT
Copyright ®1992-2005 Database Services, Inc. - Process Servers Toolbox V5.5 a r
? /l
a
ROMINGER, BAYLEY & WHARE
Attorneys at Law
Karl E. Rominger James I. Nelson
Mark F. Bayley Michael O. Palermo, Jr
Michael J. Whare Leslie A. Tomeo
January 5, 2006
Lynn Stevens
3844 Farmstead Drive
Fayetteville, PA 17222
Via: P Class Mail & E -Mail
Dear Lynn:
?'+1
L
I received your January 4, 2006 email. At this point, I believe Ple original goal
established when we first spoke has changed.
The original problem was that you had not been receiving the physical custody that had
previously been granted to you by the Court. This problem had existed for years. Your litigation
options that we discussed were to file a Modification Petition or a Contempt Petition. You were
satisfied with the terms of the prior Order and opted to file a Contempt Petition.
The efforts to date have achieved the above goal. It is my understanding that you wish to
litigate further at this point in a quest for attorney fees.
I explained to you from the beginning that there was a chance that attorney fees could be
awarded after a showing of contempt. I certainly made clear that this was by no means a
guarantee.
In order to obtain attorney fees out of Franklin County, you will have to clear three (3)
hurdles:
First, Ms. Stevens has made jurisdiction an issue. The Court has directed that a separate
hearing be set with regard to jurisdiction. If you are not successful in convincing the Court to
retain jurisdiction, everything will come to a halt in Franklin County.
Second, you will have to obtain a finding of contempt. We know that Ms. Stevens will
vigorously defend this issue.
Third, if there is a finding of contempt, the Court would have to be persuaded that Ms.
Stevens's conduct was dilatory, obdurate, vexatious, etc. (under 42 Pa.C.S. §2503). A difficult
standard to prove, especially under your fact scenario. Even if the Court awards attorney fees,
it has the discretion to cut them to any amount.
155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878
www.romingerlaw.com
EXHIBIT
c?
ADVOCACY • ADVICE • ANSWERS ?
J
J
Q
Lynn Stevens
January 5, 2006
Page 2
There is a chance you could win all three issues; there is a chance of winning two, one or
none. Taking this shot comes with risk of added expense.
With regard to my fee, it is impossible for me to accurately quote my final bill on most
cases. This is why my fee is hourly rather than flat. I quoted a retainer that I believed would
represent the average cost of completing work through the filing a contempt petition and the
pursuing hearing. Please take note, had Ms. Stevens not contested jurisdiction the contempt
hearing would have taken place. My retainer request of $1,500 v, )uld have been extremely close
to my final bill had this variable not occurred.
Unfortunately, variables occur in some cases. The Court had not set adequate time aside
for both issues. Additionally, the jurisdiction issue was raised minutes before the hearing. Of
course we were not prepared for a hearing on that issue; neither was the Court or opposing
counsel.
I have worked hard on your case to date and I have earned my fee. There will be no
refunds. Additionally, if you wish for me to continue my representation for the purpose of
attempting to obtain attorney fees, I will require an additional $1,200 retainer at this point.
If you wish to enter into a form of the agreement that is in negotiation, I will complete
your case up and through the execution of the agreement free of charge. In other words, original
goal achieved = $1,500.
Or, you may proceed pro se or retain other counsel. Let me know as soon as possible.
I must and will file a Continuance Motion on your behalf at this time, unless you wish to enter
into an agreement.
Sincerely,
L/L,U
Mark F. Bayle , Esquire
MFB/jge
FILED-CC "PCE
Mark F. Bayley, Esquire 2: 53
17 West South Street
Carlisle, PA 17013 -?OuNly
(717) 241-2446
PENZfLi,AN A
LYNN STEVENS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
No. 06-1344
MARK BAYLEY,
Defendant
PRAECIPE FOR DEFENANT'S CHANGE OF ADDRESS OF RECORD
TO THE PROTHONOTARY:
The new mailing address and address of record for Defendant, Mark F. Bayley, is as
follows:
Mark F. Bayley, Esquire
BAYLEY & MANGAN
17 West South Street
Carlisle, PA 17013
Date:
Mark F. Bayley, Esquire
LYNN STEVENS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
No. 06-1344
MARK BAYLEY,
Defendant
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within
document upon the following by depositing same in the United States mail, postage prepaid, at
Carlisle, Pennsylvania, addressed as follows:
Lynn Stevens
3844 Farmstead Drive
Fayetteville, PA 17222
? l
Dated: Mark F. Bayley, Esquire
of (-V,y,
David D. Buell- p Renee X Simpson
Prothonotary D 1St Deputy Prothonotary
V o 2te _f^
�irkS. Sohonage, ESQ Irene E. Morrow
Solicitor /750 21L(j Deputy Prothonotary
Office of the Prothonotary
Cumberland County, cPennsyCvania
OIL - 13111 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fac(717)240-6573