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Home My WebLink About06-2419 . F,IFILES\DATAFlLEIGeneral\CurrentI113716coml/tde Created: Il/05/0109:4953AM Revised: 04/26/0604:51 37PM 0' Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs MARTSON DEARDORFF WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06- ~t(/f ~~ CIVIL ACTION TERRY L. BUTLER, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and ajudgment may be entered against you by the court without furthernotice for any money claimed in the Complaint or for any other claim onelief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VEA LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06- 2 YJ<{ CNIL ACTION TERRY 1. BUTLER, Defendant COMPLAINT AND NOW, comes Plaintiff, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I. Plaintiff, MartsonDeardorffWilliams & Otto (hereinafter, "MDWO"), is a Professional Corporation with a place of business at I 0 East High Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Terry 1. Butler, is an adult individual residing at 6424 Marsh Road, Waynesboro, Pennsylvania. 3. Plaintiff provided legal services to Defendant with regard to divorce and support matters. 4. At this time, Defendant has an outstanding balance of$1 ,095.69. A true and correct copy of Plaintiff's invoice is attached hereto as Exhibit "A." 5. Defendant has failed to pay for such services. 6. Despite repeated demands, no payments have been made by the Defendant for the amount due. COUNT I - BREACH OF CONTRACT 7. Plaintiffhereby incorporates by reference the avennents contained in paragraphs 1 through 6 as if fully set forth. 8. Defendant has breached an expressed or implied agreement to pay for the goods and services provided to Defendant from Plaintiff and/or Plaintiff's agents. WHEREFORE, Plaintiff, Martson Deardorff Williams & Otto, demands judgment against the Defendant in the amount of$1,095.69, plus attorneys fees, interest, and costs. COUNT II - QUANTUM MERUIT 9. Plaintiffhereby incorporates by reference the averments contained in paragraphs I through 8 as if fully set forth. 10. Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $1,095.69. WHEREFORE, Plaintiff, Martson Deardorff Williams & Otto, demands judgment against the Defendant in the amount of$I,095.69, plus attorneys fees, interest, and costs. MARTS ON DEARDORFF WILLIAMS & OTTO Date: April d ~ , 2006 By ~~ 7 tt:. Christopher E. Rice, Esquire ill Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff r' ' ,,':', r)l \F 1'( ,I;; j \\ I: : : \ ',,1': l Ii 1 L.) MDW&O I .'.. L , . ., I,' " ,i i. ", . ,\, . \ i, ~ .. \:' ,. , '- rl>n E \...,1' Illldl \II<I'LI C',\RU:'.ll. 1"-';-"""r1 \' \~1 \ 1.'11 \.; TII,f'l[fl'\1 !7]7) ~,.U-.HII F \~ '''[\11]1 (1171 2.H ] s.'iO I"Tl~'[ '1 \\ \\W.I1Hh\'o,l"lllll T \.\ Inl '-.1'11'; '\111..... :-';t\ml Jl 2~-~(l0.21 \17 April 15, 2005 Billed through 04/15/05 Bill Number 11371-00006-014 JLS Mr. Terry L. Butler 6424 Marsh Road \,aynesboro, PA 17268 RE: Domestic Matter FOR PROFESSIONAL SERVICES RENDERED 03/14/05 JLS Email from/to client .10 hrs 150 /hr 03/21/05 JLS Telephone call to client. .10 hrs 150 /hr 03/21/05 PL5 Left message for client .10 hrs 40 /hr 03/22/05 JLS Email from/to client. .10 hrs 150 /hr 03/23/05 JLS Prep and attend Support Appeal hearing. 2.70 hrs 150 /hr 03/23/05 JLS Travel time- Support hearing 1. 00 hrs 150 /hr J3/31/05 JLS Receipt of Court Order and forward same to client. .10 hrs 150 /hr 15.00 15.00 4.00 15.00 405.00 150.00 15.00 $ 619.00 3ILLING SUMMARY Jennifer L. Spears 4.10 hrs 150 /hr 615.00 Tricia D. Eckenroad .10 hrs 40 /hr 4.00 ------------ TOTAL FEES 4.20 hrs $ 619.00 COURTESY DISCOUNT $ 200.00 CR ----~------- TOTAL CHARGES FOR THIS BILL $ 419.00 NET BALANCE FORWARD $ 6~6.69 --~--------- TOTAL BALANCE NOW DUE $ 1,~'t5.69 ': \1 ! i ()', THANK YOU \. i) '( I EXHIBIT "A" -\ I. \ (I ( \ I ') MDW&.O INi'C'R.MAIl0N. Ar'\lCF' I\;""("-.~(-l Ii'. I: \\1 j Iii' ,..., (\i,I!.-;!1 ]""",,\1\,',' I-'Ii!; 11-1,1 f', I( I', I " ': ) _)~ ,. ;-;.1 : I \(,1 \Iii I j -;- I . ) ~ -l: !~: :,11 I " r I I ~ ',! I " " \ \ . ','. ,,! I ), \ ( '. i 'I ''. i r \ ,\ J: II. " 111 1\\ II (1'_ '\: \, I;: I.. ~ _'; :~ I I().:' I C)~' February 18, 2005 Billed through 02/18/05 Bill Number 11371-00006-010 JLS Mr. Terry L. Butler 6424 Marsh Road Waynesboro, PA 17268 RE: Domestic Matter FOR PROFESSIONAL SERVICES RENDERED 01/28/05 PL5 Correspondence to DRO requesting appeal 01/31/05 JLS Emails to/from client reo custody and support 02/11/05 JLS Receipt of Order of Court. Letter to client with same. .20 hrs 40 /hr .20 hrs 150 /hr 8.00 30.00 .20 hrs 150 /hr 30.00 $ 68.00 3ILLING SUMMARY Jennifer L. Spears Tricia D. Eckenroad .40 hrs 150 /hr 60.00 .20 hrs 40 /hr 8.00 ------------ .60 hrs $ 68.00 ------------ $ 68.00 $ 758.69 ------------ $ 826.69 TOTAL FEES TOTAL CHARGES FOR THIS BILL NET BALANCE FORWARD TOTAL BALANCE NOW DUE L, ,I I ,~ r; t 1 i{ \1 .\ T I 0 ~ THANK YOU AD" It' E A I) \' () f' A ( Y ,~\ MDW&.O I~ON.A1;'~~\ro'(; ["I:" 1':\',1 l-h~11 ~ljnl1 C' \I<IISII. 1'1'-''-:\1\\'\1,\ 1 'Ill"\ Tu r!'IIU\1 (7(7) .2..f.\-3QI ]--'\C:;I~IIU (1]1) 2-1.1-\ X:"O I"TFR\,lr "\\\'\\',\1I1\\'(l.(( 1(..1 T\\ IIW\llll( \ll()" NI \tIll R. ,~,-2(10211): January 27, 2005 Billed through 01/27/05 Bill Number 11371-00006-008 JLS ~r. Terry L. Butler 5424 Marsh Road Naynesboro, PA 17268 ~E: Domestic Matter 'OR PROFESSIONAL SERVICES RENDERED l2/13/04 JLS Receipt and review of documents from client .10 hrs 150 /hr l2/15/04 JLS Receipt and review of Kelly's letter to Tosha. Telephone call to client. .20 hrs 150 /hr .2/16/04 JLS Telephone conference with client. .10 hrs 150 /hr .2/21/04 JLS Email to client after reviewing client's letter to Kelly .10 hrs 150 /hr .2/28/04 JLS Receipt of fax from client .10 hrs 150 /hr 2/30/04 JLS Letter from Atty Guyer. Letter to client with same. .20 hrs 150 /hr 11/13/05 JLS Receipt of fax from client. Email to client reo same. .20 hrs 150 /hr 11/17/05 JLS Receipt and review of email from client. .10 hrs 150 /hr 11/20/05 JLS Telephone call to client. Prepare for Domestic Relations Hearing. .40 hrs 150 /hr '1/21/05 JLS Attend DRO conference 3.40 hrs 150 /hr '1/26/05 JLS Receipt and review of support order. Letter to client with same. .80 hrs 150 /hr 15.00 30.00 15.00 15.00 15.00 30.00 30.00 15.00 60.00 510.00 120.00 $ 855.00 ILLING SUMMARY I '\J FOR M .\ Tin 1': . A D V ICE . A n v () CAe Y "'-1 . . VERIFICATION The foregoing Complaint is based upon information which has been gathered bymycounsel in the preparation ofthe lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content ofthe document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if! make knowingly false averments, I may be subject to criminal penalties. ~(d """""'-.~ \ "') . ~. -.J ....j I:L.I ~ o CA"1 ~ \.........J r<-' .~ % ~ ~ '\-0 r- \...) . --.-_ . 1 <J'.\ ~ " Christopher E. Rice, Esquire 1.0. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs MARTS ON DEARDORFF WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06 - 2419 CIVIL ACTION TERRY L. BUTLER, Defendant TO: TERRY L. BUTLER, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ;2 7 day of H ,2006, the following Judgment was entered against you in the above-captioned action: judgment in the amoWlt of$1 ,095.69, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff s Complaint. Date: ~ .;27. ,;z~ I hereby certify that the name and address of the proper person to receive this notice Wlder Pa. R. Civ. P. 236 is: Terry L. Butler 6424 Marsh Road Waynesboro, PA 17268 , Christopher E. Rice, Esquire LD. Number 90916 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs " MARTS ON DEARDORFF WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06 - 2419 CIVIL ACTION TERRY L. BUTLER, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of$I,095.69, plus interest and costs of suit as prayed forin the Complaint, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on July 5, 2006, which date was subsequentto the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTS ON, DEARDORFF, WILLIAMS & OTIO By ~.t,J- ). l.. Christopher E. Rice, Esquire LD. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: ~ )-1,7.001. . Christopher E. Rice, Esquire 1.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs MARTSON DEARDORFF WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. NO. 06 - 2419 CIVIL ACTION TERRY L. BUTLER, Defendant IMPORT ANT NOTICE TO: TERRY L. BUTLER DATE OF NOTICE: July S, 2006 6424 Marsh Road, Waynesboro, PA 17268 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO ) By Ct..~, .J.rl..-- ( /(,':""'" Christopher E. Rice, Esquire . Christopher E. Rice, Esquire J.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs MARTSON DEARDORFF WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06 - 2419 CIVIL ACTION TERRY L. BUTLER, Defendant CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTIO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Terry L. Butler 6424 Marsh Road Waynesboro, P A 17268 MARTS ON DEARDORFF WILLIAMS & OTIO By ~1tG1~ Mary . rice Ten Eas High Street Carlisle, P A 17013 (717) 243-3341 Dated: 1/2- 7/ tJ 6 r " Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MARTSON DEARDORFF WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06 - 2419 CIVIL ACTION TERRY L. BUTLER, Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, infonnation and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 6424 Marsh Road, Waynesboro, P A 17268. Said Defendant's place of employment is unknown. ~~ 5 L- Christopher E. Rice, Esquire Sworn to and SUbs~Wfore me this tl7Jh day of , 2006. ~) fL, Q~ Not Public CO MONWEALTH OF PENNSYLVANIA Nolarial Seal Mary M. Price. Notary Public Ca~isle Bora, Cumberiand County My Commission Expires Aug. 18,2007 Member. Pennsylvama Association 01 Notaries .. . , ' Christopher E. Rice, Esquire LD, Number 90916 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs MARTSON DEARDORFF WILLIAMS & OTTO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06 - 2419 CIVIL ACTION TERRY 1. BUTLER, Defendant COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTS ON, DEARDORFF, WILLIAMS & OTIO, attorneys for the Plaintiffin the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to him by mail on July 5, 2006. C!-e4-t- ; /L Christopher E. Rice, Esquire Sworn to and subscribed before me this~ day of W-' 2006. ~} lfILLQ~ No Public NWEAUH F PENNSYLVANIA Notarial Seal C.~1l ~ Prlcec ,Notary Public .... C ro, umberiand County "'T ommilalon ExpireeAug. f8, 2007 Member, Flennsylvanl8 ASSOciation of Notaries , ,', . (") C) f"~ j( ~ , ~ ~ -;' ( :~ ~ '" :11 r.,~ '\ -.j ~ \. -p ~ "- ~.' " ~ . "I ~ ;"',) A ~ ~ ~ (J~ 0' I:lt'\ ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02419 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTSON DEARDORFF WILIAMS OTTO VS BUTLER TERRY L R. Thomas Kline duly sworn according to law, says, that he made a diligent search and , Sheriff or Deputy Sheriff who being and inquiry for the within named DEFENDANT BUTLER TERRY L but was unable to locate Him deputized the sheriff of FRANKLIN , to wit: in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 26th , 2006 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage 18.00 9.00 10.00 23.00 1.17 61.17 t/ OS/26/2006 ~ MDW&O Sworn and subscribe to before me this day of A.D. So mas Kline ff of Cumberland County 1- 0 1'()(, << , In The Court of Common Pleas of Cumberland County, Pennsylvania Martson Deardorff Williams & Otto VS. Terry L. Butler No. 06-2419 civil Now, May 3. 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~ Sheriff of Cumberland County, P A Affidavit of Service within ~/~ ~ ~ upon I~ (. ~~ OIL- at ~LJ.~~ In~Jv..,~ ~~ (~(, ~~ ~/~fcJ) I Jv-.:- , 20~, at g'Yj"-- o'clock 0.. M. served the Now, by handing to a copy of the original ~ and made known to the contents thereof. So answers, ~. 7J Pit '. - ~, ~72lt.SCribed befor~ me this ~day of ~ ' 20 () ~ . ~LL~~';n~ AM COSTS SERVICE MILEAGE AFFIDA VIT $ ,.... -. Richerd O. McCMy, NOf8ry Public My~rv Bolo, Franklin County mmlSSlOn Expi,. Jan. 29, 2007 $ r SHERIFF'S RETURN - REGULAR C v y{\''w.r ',Qf"\(\'-OU(\~d ~i- 0:" - ~ '~l '1 ..... CASE NO: 2006-00115 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MARTSON DEARDORFF WILLIAMS & 0 VS TERRY L. BUTLER WILLIAM M KAUFFMAN , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon BUTLER TERRY L the DEFENDANT , at 0008:45 Hour, on the 16th day of May 2006 at FRANKLIN CO SHERIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to TERRY L BUTLER a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .00 By eputy 05/19/2006 CUMBERLAND CO SHERIFF Sworn and Subscribed to before me this )~ day of &00 ~~.D. Notary/ , Notarial Seal Richard D. McCartY. NoIaIY PubliC ChambeflbUtg~~7 My CommiIIIOl' -- -,. "'.,