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Home My WebLink About02-2842LAW OFFICES SNELBAKER, BrENNEMa~ & SPA~E CHARLES E. SHIELDS, III, Plaintiff LARRY G. GULICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: - .,' : CIVIL ACTION - LAW COMPLAINT Charles E. Shields, III, by his attorneys, Snelbaker, Brenneman & Spare, P.C., submits this Complaint against Defendant Larry G. Gulick as follows: I. Plaintiff Charles E. Shields, III is an attorney duly licensed and authorized to practice law in the Commonwealth of Pennsylvania with a business address of 6 Clouser Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Larry G. Gulick is an adult individual residing at 6301 Chesterfield Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about January, 1999 Defendant engaged Plaintiffto represent Defendant's interest with regards to a matter involving the Estate of Betty Peace at Plaintiff's then standard and customary rate of $125.00 per hour for services rendered. 4. Plaintiffprovided legal services to Defendant in the above-referenced matter from January 1999 to August 1999. 5. Throughout the time period set forth in Paragraph 4, above, Plaintiff diligently devoted himself to the representation of Defendant's interest with respect to the matter undertaken. 6. During the course of Defendant's representation of Plaintiff, Plaintiff :ecommended and Defendant approved of the engagement of Jeannie B. Wigbels, Esquire of the SHERIFF'S RETURN - REGULAR CASE NO: 2002-02842 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIELDS CHARLES E III VS GULICK LARRY G BRIAN BARRIcK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT & NOTICE was served upon GULICK LARRY G DEFENDANT at 1625:00 HOURs, at EMPLOYER-CLEAN MACHINE MECHANICSBURG__, PA 17055 LARRY G GULICK the on the l_22th day of Ju__ne 6559 CARLISLE PIKE by handing to a true and attested copy of COMPLAINT & NOTICE together with 2__002 and at the same time directing ~is attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 SWorn and Subscribed to before me this _~ _ day of OA'~-- ~%~ A.D. ~Fothonof~ry So Answers: R. Thomas Kline 06/13/2002 SNELBAKER BRENN~2~AN SPARE eputy ~he'~iff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Harrisburg finn then known as Wigbels and Welch for purposes of assisting Defendant with respect to matters of which Attomey Wigbels had particular knowledge and expertise. 7. In April, 1999 from April 21 to April 27, Attorney Wigbels expended 1.80 hours of her time at her then hourly rate of $125.00 in providing services for and on behalf of the Defendant on matters pertinent to the subjects for which Plaintiff had been engaged by Defendant. 8. In or about January 2000, Plaintiffleamed that Defendant was being assisted in matters concerning the Estate of Betty Peace by other counsel. 9. On or about April 20, 2000 Plaintiff prepared an invoice for the time expended on Defendant's behalf with respect to matters involving the Estate of Betty Peace, which invoice identified services rendered by Plaintifftotaling 8.61 hours at the charge of $125.00 per hour for a total charge of $1,076.25. A tree and correct copy of the aforementioned invoice transmitted to Defendant by first class mail on April 20, 2000 is attached hereto and incorporated by reference herein as "Exhibit A". 10. On or about May 26, 1999 Attorney Wigbels prepared an invoice for the time she expended on Defendant's behalf with respect to the matters for which her engagement had been approved, which invoice identified services in the time and at the hourly rate set forth in Paragraph 7 above, which services totaled $225.00. A true and correct copy of the invoice prepared by Attomey Wigbels dated May 26, 1999 is attached hereto and incorporated by reference herein as "Exhibit B". 11. On April 16, 2001 Attorney Wigbels assigned to Plaintiffher and her firm's right, title and interest to any cause of action against Defendant arising from his failure to pay for the legal -2- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE services provided Defendant by Attorney Wigbels as set forth in Exhibit B hereto. A true and correct copy of the instrument making the assignment described above is attached hereto and incorporated by reference herein as "Exhibit C". 12. Defendant is justly indebted to Plaintiff in the sum of $1,076.25 for the legal services provided as set forth on "Exhibit A" hereto and to Attorney Wigbels in the amount of $225.00 for the legal services provided as set forth in "Exhibit B" hereto. 13. Plaintiff's and Attorney Wigbels' charges for services provided to Defendant were fair, reasonable and customary and never objected to by Defendant. 14. Defendant has failed and/or refused to pay the amount due and owing Plaintiff and Attorney Wigbels as represented by the invoices attached hereto despite demands for payment by and on behalf of Plaintiff. WHEREFORE, Plaintiff demands judgment in his favor against Defendant in the amount of $1,301.25 together with interest and costs of this action. The amount claimed herein, exclusive of interest and costs, does not exceed the amount established for mandatory arbitration in Cumberland County. Date: June 11, 2002 SNELBAKER, B~/B~ ~NN~EM_ AN & SPARE, p.C. By: I~//~'~/~/~/Y~ Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Charles E. Shields, III -3- VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Charles E. Shields, III Date.'~ ~, 2002 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE CHARLES ~. SHIELDS, III Attorney-at-Law 6 Glouser Road Mechanicsburg, PA 17055 ~7-76&0209 Mr. Larry G~dick Apfil2~ 2000 Services rendered: 8.61 hours X $125.00/hr=- Total (Please find a copy of my ~mesheet enclosed) $1,076.25 Thank you for allowing me to be of service. Exhibit A Wigbels & Welch 1400 North Second Street Harrisburg PA 17102 Invoice submitted to: Larry G. Gulick 6301 Chesterfield Lane Mechanicsburg PA 17055 May 26, 1999 Invoice #10268 Professional services 4/21/99 JBW Conference with client and Charlie Shields, Esquire 4/22/99 JBW Calls re handwriting experts. 4/23/99 JBW Call with Charlie Shields. 4/27/99 JBW Review letter and CV from John Gencavage, fax to Charlie Shields. Hrs/Rate 1.10 125.00/hr 0.30 125.00/hr 0.20 125.00/hr 0.20 125.00/hr Amount 137.50 37.50 25.00 25.00 Forprofessional services rendered 1.80 $225.00 Balance due $225.00 Exhibit B ASSIGNMENT OF CAUSE OF ACTION For one ($1.00) dollar and other good and valuable considerations, the receipt whereof is hereby acknowledged, I, JEANNE B. COSTOPOULOS, formerly known as JEANNE B. WlGBELS, on my own behalf and on behalf of the law firm of COSTOPOULOS and WELCH, formerly known as WlGBELS and WELCH, of 1400 North Second Street, Harrisburg, Dauphin County, Pennsylvania, assign to CHARLES E. SHIELDS,III, all of my and the firm's right, title, and interest in and to the cause of action against LARRY G. GULICK for failure to pay for legal services rendered, a civil action, at law, arising out of the time expended with the said GULICK and on behalf of the said GULICK as is more fully set forth on the true and correct copy of the Invoice # 10268, dated May 26, 1999, attached hereto, in the amount of $225.00, with futt right to maintain an action, and to settle, compromise, or reassign the said cause of action~ and to give a:. release in my and the firm's name in full discharge of the liability under the said cause of action. Dated: JEANNE B/XEOSTOPOULOS f.k.a. Jt~N~ B. WIGBELS ~xhib it C