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Home My WebLink About06-4535SAMUEL L. ANDES, Plaintiff Vs. RICHARD C. RUPP, Defendant NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D( ?1S3s' ?GU?? 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 SAMUEL L. ANDES, Plaintiff VS. RICHARD C. RUPP, Defendant COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o/, - 4153S l:'u _1- AND NOW comes the above-named Plaintiff, and makes the following complaint against the Defendant as follows: 1. The Plaintiff is Samuel L. Andes, an attorney admitted to the bar of this Court and the Supreme Court of Pennsylvania who maintains an office for the practice of law at 525 North 12" Street in Lemoyne, Cumberland County, Pennsylvania. 2. The Defendant is RICHARD C. RUPP, an attorney-at-law who maintains offices at 355 North 21" Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania, and who resides, to the best of Plaintiff's knowledge, at 22 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant is currently engaged in a divorce and related matters with his estranged wife, Laurie J. Lane, which actions are pending before this Court and docketed to No. 05-97 Civil Term. 4. Prior to the inception of the divorce litigation, Defendant engaged Plaintiff to represent him in those matters and agreed to pay Plaintiff his hourly rate, which at that time was $200.00, for all work done by Plaintiff on Defendant's behalf, and to further reimburse Plaintiff promptly for all costs and expenses advanced or paid by Plaintiff for Defendant's benefit. 5. In reliance upon the agreement between the parties, Plaintiff undertook to represent Defendant in the various legal matters. A detailed listing of Plaintiff's efforts on behalf of and services to Defendant is listed in the statements which are attached hereto and marked as Exhibit A. Copies of those statements were submitted by Plaintiff to Defendant on a regular basis and Defendant never challenged or objected to any of the services or charges listed on those statements. 6. In addition to Plaintiff's professional services to Defendant, he advanced substantial sums of his own money when Defendant failed to pay a real estate appraiser engaged by Plaintiff with Defendant's consent and at Defendant's direction. 7. Despite repeated demands by Plaintiff, Defendant has not paid Plaintiff for his services or reimbursed Plaintiff the costs and expenses which Plaintiff advanced for the benefit of Defendant. By failing to make that payment, Defendant has breached the agreement between the parties and has damaged Plaintiff in the amount of $4,679.93. WHEREFORE, Plaintiff prays this Court to enter judgment against Defendant in the amount of $4,679.93, plus interest from 31 December 2005, plus costs of suit. I verify that the statements made in this document are true and correct. 1 understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: $ a ` SAMUEL L. ANDES Attorney-at-Law 525 North 12" Street Lemoyne, PA 17043 (717) 761-5361 Samuel L. Andes Attorney-at-Law 525 North 12th Street Lemoyne, PA 17043 Federal Tax ID #25-1770863 Richard C. Rupp 355 North 21 st Street Camp Hill PA 17011 PERSONAL AND CONFIDENTIAL January 12, 2004 In Reference To: Domestic 11346 FOR PROFESSIONAL SERVICES RENDERED: 10/29/2003 Conference with client re: domestic case 10/31/2003 Letter to client Review of clients letter to wife; letter to client Amount TOTAL: $320.00 11/10/2003 Payment - thank you ($750.00) Credit balance ($430.00) Samuel L. Andes Attorney-at-Law 525 North 12th Street Lemoyne, PA 17043 Federal Tax ID #25-1770863 Richard C. Rupp P.O. Box 395 Camp Hill PA 17001-0395 PERSONAL AND CONFIDENTIAL July 07, 2004 In Reference To: Domestic 11757 FOR PROFESSIONAL SERVICES RENDERED: 4/2/2004 Letter to client TOTAL: Previous balance Credit balance Amount $60.00 ($430.00) ($370.00) S-muel L. Andes Attorney-at-Law 525 North 12th Street Lemoyne, PA 17043 Federal Tax ID #25-1770863 Richard C. Rupp P.O. Box 395 Camp Hill PA 17001-0395 PERSONAL AND CONFIDENTIAL March 01, 2005 In Reference To: Domestic 12417 FOR PROFESSIONAL SERVICES RENDERED: 1/5/2005 Telephone call from client re: problems with wife 1/1412005 Letters to client and to wife's attorney 1/24/2005 Letter to opposing counsel re: service of divorce complaint 2/112005 Review of file; letter to client re: strategy for divorce action 2/17/2005 Letter to client re: support for wife Amount TOTAL: $300.00 Previous balance ($370.00) Credit balance ($70.00) Samuel L. Andes Attorney-at-Law 525 North 12th Street Lemoyne, PA 17043 Federal Tax 1D #25-1770863 Richard C. Rupp P.O. Box 395 Camp Hill PA 17001-0395 PERSONAL AND CONFIDENTIAL July 05, 2005 In Reference To: Domestic 12727 FOR PROFESSIONAL SERVICES RENDERED: 3/30/2005 Letter to client re: APL proceedings 411412005 Letter to ORO re: conference date 4/29/2005 Letter to client re: tax return 5/3/2005 Telephone call from DRO; letter to client 6/3/2005 Letter to client re: wife's request for production 6123/2005 Representation of client at DRO proceedings 6124/2005 Preparation of request for production; letters to client, opposing counsel, John Plesic, and George Clouser 6/29/2005 Telephone call to client TOTAL: Previous balance Balance due ount $860.00 ($70.00) $790.00 Samuel L. Andes Attorney-at-Law 525 North 12th Street Lemoyne, PA 17043 Federal Tax ID #25-1770863 Richard C. Rupp 355 North 21st Street, Suite 205 Camp Hill PA 17011 PERSONAL AND CONFIDENTIAL September 07, 2005 In Reference To: Domestic 12965 FOR PROFESSIONAL SERVICES RENDERED: 7/5/2005 Preparation of discovery certificate; letter to master 7/6/2005 Telephone call from J. Plesic; letter to client re: tax records 7/20/2005 Telephone call and letter to client Amount TOTAL: $240.00 Previous balance $790.00 Balance due $1,030.00 Shmuel L. Andes Attorney-at-Law 525 North 12th Street Lemoyne, PA 17043 Federal Tax ID #25-1770863 Richard C. Rupp 355 North 21 st Street, Suite 205 Camp Hill PA 17011 PERSONAL AND CONFIDENTIAL October 31, 2005 In Reference To: Domestic 13133 FOR PROFESSIONAL SERVICES RENDERED: 9/7/2005 Telephone calls to client, George Clauser, and wife's attorney; letter to client 9112/2005 Conference (by telephone) with Judge and opposing counsel; letter to client 9/19/2005 Telephone calls from J. Plesic and to wife's attorney 9/20/2005 Conference with client; review of client's income data; telephone calls to and from wife's attorney; telephone call to support master 9121/2005 Conference call to support master; letter to opposing counsel; letter to client 9/23/2005 Letter to client re: APL order 9/26/2005 Letter to wife's attorney re: 2004 income 10/12/2005 Letter to wife's attorney re: real estate appraisals 10/18/2005 Letters to client and to opposing counsel re: real estate appraisals 10/20/2005 Letter to client re: personal property Amount TOTAL: $860.00 Previous balance $1,030.00 Balance due $1,890.00 Samuel L. Andes Attorney-at-Law 525 North 12th Street Lemoyne, PA 17043 Federal Tax ID #25-1770863 Richard C. Rupp 355 North 21 st Street, Suite 205 Camp Hill PA 17011 PERSONAL AND CONFIDENTIAL January 03, 2006 In Reference To: Domestic 13313 FOR PROFESSIONAL SERVICES RENDERED: 11/3/2005 Review of real estate appraisals; letter to client 11/10/2005 Letters to client, opposing counsel and DRO 11/22/2005 Letter to client re: support arrears 12/5/2005 Letter to client re: health insurance; letter to opposing counsel 12/27/2005 Preparation of bank authorization; letter to client Amount TOTAL: $540.00 Previous balance $1,890.00 Balance due $2,430.00 Samuel L. Andes Attorney-at-Law 525 North 12th Street Lemoyne, PA 17043 Federal Tax ID #25-1770863 Richard C. Rupp 355 North 21st Street, Suite 205 Camp Hill PA 17011 PERSONAL AND CONFIDENTIAL March 06, 2006 In Reference To: Domestic 13476 FOR PROFESSIONAL SERVICES RENDERED: 12/30/2005 Letter to client re: hearing 1/5/2006 Telephone call to client; letter to Judge to cancel hearing; copy to opposing counsel 1/6/2006 Letter to opposing counsel re: discovery and health insurance 1/17/2006 Letter to client; review of file documents 1/25/2006 Letter to client re: DRO conference 2/14/2006 Letters to G. Clauser and to client Amount TOTAL: $420.00 COSTS ADVANCED: 2/1512006 Clauser Real Estate Appraisals 1,829.93 Total costs $1,829.93 Total amount of this bill $2,249.93 Previous balance $2,430.00 Balance due $4,679.93 w s c- ` f -v ul., ?? i GD ',l' `" t ? t7l 5 Cil SHERIFF'S RETURN - REGULAR CASE NO: 2006-04535 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDES SAMUEL L VS RUPP RICHARD C MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RUPP RICHARD C the DEFENDANT , at 1325:00 HOURS, on the 16th day of August , 2006 at 355 NORTH 21ST STREET SUITE 205 CAMP HILL, PA 17011 by handing to CARMEN MALDONADO, LEGAL ASSISTANT, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Postage .39 So Answers: Surcharge 10.00 R. Thomas Kline .00- 41.59/ 08/18/2006 91 i,,1' b " SAMUEL ANDES Sworn and Subscibed to By: before me this day eputy Seri of A. D. SAMUEL L. ANDES, Plaintiff VS. RICHARD C. RUPP, Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-04535 P Please enter judgment in favor of the Plaintiff and against the Defendant, Richard C. Rupp, in the amount of $4,679.93, plus interest from 31 December 2005, plus costs of suit, for failure to file an answer to Plaintiff's complaint in this matter. I certify that I gave the Defendant notice of his default and that a copy of that notice is attached hereto and marked as Exhibit A. iQA' Pk L. AWES P.O. BOX 168 LEMOYNE, PA 17043 (717) 761-5361 le, ti SAMUEL L. ANDES, Plaintiff VS. RICHARD C. RUPP, Defendant TO: RICHARD C. RUPP, DEFENDANT DATE: 6 September 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-04535 P IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 SAMUEL L. ANDES ATTORNEY FOR PLAINTIFF P.O. BOX 168 LEMOYNE, PA 17043 (717) 761-5361 ? V J t "?'Z (l , !'7'1 T W J ? ? , a 1 5lj Y O fi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION SAMUEL L. ANDES, Plaintiff Vs. RICHARD C. RUPP, Defendant TO THE PROTHONOTARY OF THE SAID COURT: ( ) Other FPS No. 2006-04535 P Amount Dua $4,679.93 Interest from 12/31/05 at 6 percent : AtWe Comm The undersigned hereby oertlf a that the below does not arise out of a retell Irwtaliment sale, oorwaA or account based on a oonbesion of judonent, but p it does, it Is based on the appropriate orl*W procea ft Asd pcxa w t to Act 7 of 1966 as amended; and for reed property ptsauant to Act 6 of 1974 as amwrdsd. Isere writ of eomutlon In the above matter too the Sheriff of Cumberland C4ur4t for debt, Inbrsst and costs, upon the following described property of the defendant(s) All personal property at 22 Colgate Drive, Camp Hill, PA PRAECIPE FOR ATTACHMENT EXECUTION how wrk of anent to the Sheriff of County, for debt, IrdenW and oosis, as above, cis ft attacfurient against the above-named pan>dshee(a) for the tolm*V property (if read estfe, supply six copies of the demon; supply four copies of len$V personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamleh*s). (M>dfcW) Index this writ against the gamishee(s) as a Ile peruke against real estate of the debndant(s) desccited in the attached exhibit. Date - - `? Signature: Print Name: SAMUEL L. ANDES Address: Attorney for: Telephone: Supreme Court ID No.: P.O. BOX 168 LEMOYNE, PA 17043 Plaintiff 717-761-5361 17225 (pr) (? ? ?-- I ^?. f1 Cry ?C f - ? ti! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4535 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SAMUEL L. ANDES Plaintiff (s) From RICHARD C. RUPP, 22 COLGATE DRIVE, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY AT ABOVE ADDRESS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,679.93 L.L. $.50 Interest 12/31/05 AT 6% Atty's Comm % Atty Paid $123.79 Plaintiff Paid Due Prothy Other Costs $1.00 Date: NOVEMBER 13, 2006 (Seal) REQUESTING PARTY: Name SAMUEL L. ANDES, ESQ. Address: P O BOX 168 LEMOYNE PA 17043 Attorney for: PLAINTIFF Telephone: (717) 761-5361 Curti . Long, Pro otary By: Deputy Supreme Court ID No. 17225 SAMUEL L. ANDES, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW RICHARD C. RUPP, } NO. 2006-04535 P Defendant ) PRAECIPE TO THE PROTHONOTARY: Please reissue the writ of execution in the above matter and forward it to the Sheriff for service. SAMUEL L'.` ANDES ATTORNEY-AT-LAW P.O. BOX 168 LEMOYNE, PA 17043 (717) 761-5361 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this ,W 't is retur* A WA D, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 104.76 Docketing 18.00 45.24 Poundage 2.06 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 04/30/08 Mileage 43.20 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee / TOTAL 104.76 ? 6 /0 5-/ 6 r 9 So Answer R. Thoma Kline, Sheriff By L)l wen S Il = ?v' 1 AGN 16,0l ..1 n n?J 0 w R I,"b)I 63? WRIT OF EXECUTION and/or ATTACHMENT REISSUED COMMONWEALTH OF PENNSYLVANIA) NO 06-4535 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SAMUEL L. ANDES Plaintiff (s) From RICHARD C. RUPP, 22 COLGATE DRIVE, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY AT ABOVE ADDRESS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,679.93 L.L. $.50 Interest 12/31/05 AT 6% Atty's Comm % Due Prothy Atty Paid $123.79 Other Costs $1.00 Plaintiff Paid Date: NOVEMBER 13, 2006 (Seal) R. Lon o 0 of By: Deputy REQUESTING PARTY: Name SAMUEL L. ANDES, ESQ. Address: P O BOX 168 LEMOYNE PA 17043 Attorney for: PLAINTIFF Telephone: (717) 761-5361 Supreme Court ID No. 17225 SAMUEL L. ANDES, Plaintiff vs. RICHARD RUPP, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-4535 CIVIL TERM PRAECIPE Please satisfy the judgment entered against the Defendant in the above matter. 23 July 2008 uel L. A s Attorney at Law Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 ,9 V qnI v C-7 EE' 4 - `_: r7-