The URL can be used to link to this page

Home My WebLink About00-03790 -"c_,_" "'-' --"-,"~ --'" '-~i;_"-,t_~i::,-: '-.'~',,'-;J"'", "'J-";;"(-;"~"-"-' KEITH KENDALL, P.C., PlaintitJ IN THE COURT OF COMMON PLEAS OF CUMPERLAND COUNlY, PENNSYLVANIA vs. No. 00-3790 Civil MALINDA RASMUSSEN, Defendnat Praecipe for Discontinuance With Prejudice Per Pa.R.C.P. Rule 229 TO TIlE PROTIlONOTARY: Kindly mark the above action against Defendant Malinda Rasmussen as settled and discontinued, with prejudice. Date: 1/ //</ /l>S , I xr?i0 ) Keith E. Kendall, Esq. Attorney for Plaintiff 2215 Forest Hills Drive, Suite 37 Harrisburg, PA 17112 Attorney ill No. 42910 (717) 541-9539 (717) 541-1527 (FAX) ,_~" UL. '~'''''"~.~fi!!>1:~ "'~~-iJI~~ii1i$W_fl;'ll1tlii :./i" .;Ift'"'O<-~ ~.' ",-"'"",,,-~",-.----,,- -." 1=_. .~ ^'-"" ~ 1MlIiII- (") Cl 0 C W " s:: % ---j -OU:'; CJ ;-r,JJ mrn .< z--' ' ~' -1..' -':"1'rn Zr; Ct"5d,~' -.J ig~ -<<... ~C ""1'-' -0 ::r;=H ~C X ,J= -"?'...,) ~(~ -~) orn C Z ;;;1 ~ N :0 -< .. ,: , "-"',' --- ,-,<'-"'; KEITH KENDALL, P.c., PlaintitJ IN THE COURT OF COMMON' PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA VS. 00 - d"i90 ClUL(T~ MALINDA RASMUSSEN, Defendant Civil No. of 2000 NOTICE TO DEFEND 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 I-IAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Ac1mini<trator Fourth Floor Cumberland County Courthouse 1 Courthouse SquaJ:e Carlisle, P A 17013-3387 '1lI'i6 KEITH KENDAU... P .C., Plaintiff IN THE COURT OF COMMON' PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA vs. MAUNDA RASMUSSEN, Defendant CivilNo. 6il- ?>1QO of2000 COMPLAINT 1. The Plaintiff is Keith Kendall, P.e. ("Plaintiff''), successor to Kendall Miller, P.e., professional corporations, with a principal business address at 4409 North Front Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. The Defendant is Malinda Rasmussen ('Defendant''), an adult individual, believed to be residing at 519 Hamilton Street, Carlisle, Cumberland County, Pennsylvania, 17013-1970. 3. Defendant retained Plaintiff to perform legal services on her behalf, pursuant to the tenns of a representation agreement ("Agreement'') executed by Plaintiff and Defendant on January 21, 1998 (Copy Attached as Exhibit A hereto, and incorporated herein). 4. Plaintiff performed the agreed legal services, pursuant to the tenns of the Agreement, including the filing of a civil action in the United States Middle District Court, at Docket No. I:CV-99-OO92 ("Federal Court Action''). 5. Defendant was billed for the performance of Plaintiffs legal services, and for the expenses of Plaintiff's representation, by periodic billings, per the tenns of the Agreement 6. Defendant has failed and/or refused to fully perform her payment obligations under the Agreement, in that Defendant has failed and/or refused to pay for legal services performed, in the amount of $6,356.25; and to pay for expenses advanced on her behalf in the amount 0[$854.70, for a total unpaid balance due in the amount of $7210.95. - '- -" ~~",-,: 7. Despite repeated requests, Defendant has failed and/or refused to perform her obligations under the Agreement, by paying the fees and expenses of Plaintiff's representation, as per the Agreement. 8. Despite Defendant's failure and/or refusal to pay the fees and costs of Plaintiff's representation of her, Plaintiff was obligated, by rules of professional conduct, and the rules of civil procedure, to continue his representation of Plaintiff, until such time as leave was granted, by the Court, to withdraw from Plaintiff's representation in the Federal Court Action. 9. By motion filed in the Federal Court Action on November 2,1999, (incorporated herein by reference), Plaintiff was granted leave by the Court to withdraw frorn Defendant's representation., on MJrrch 8, 2000. 10. Despite regular billings and repeated requests for payment of the legal fees and expenses of her representation, Defendant has failed and/or refused, and continues to fail and/or refuse to pay the legal fees and expenses of Plaintiff's representation of her. WHEREFORE, Plaintiff requests an award of the legal fees and costs resulting from its legal representation of Defendant, with interest, and such other damages as the Court deems just. Date: 10 /n/~ I f ~/?J Keith E. Kendall, Esq. 4409 North Front Street Harrisburg,PA 17110 Attorney ill No. 42910 "-~ , '"~t""..~ -,,"", 'II"" VERIFICATION I, Keith E. Kendall, state that I am the President of Keith Kendall, P. c., the Plaintiff in the foregoing cause of action; that I am authorized to make this verification on its behalf; and that the facts set forth in the foregoing Complaint are ttue and correct, to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904 relating to unsworn falsification to authorities. Date: to /17 / o-U { I Dy.dY~ Keith Kendall, P. c., Plaintiff -, ~endalMiller, P.c. Keith E.K~ndan+ " .Ste~hen A.Miller 3207 North Front Street Harrisburg, Pennsylvania '17110 717.236.9539 717.i36,6602 fax . Also lice~sed 'to prac~ice in Ohio " . January 8, 1998 ' ,MaliudaM~ 519 Jiamilton street ,Catlisie, P A 11013 Re:, Stanl4rdJ{epresentation Agreement . " ',' Dear11rs.Meehan; . . " ". " , You have aSked ,us to act' as your attorneys in a scxual discrimination casc. TIlis letter scts' 'fOrth the agreement concerning our reprcsentation of you. 'f1lis ah'rcClncnt" shall become ,,' 'clIe~e upon our receipt of the signed and dated original of this letter, and thc required retainer. , . , , , " ',L .Our gcnci:iU fee for work perfonned in your ca.<c, such as office and travel tinle, is .' ,$1:25.00 per' hour. For all court and hearing appcarances made by an attorncy on' your behalf', our fee is $150.00 'per 40ur.' Our fee 'for clerk time spent on your casc' is $50.00 pcrhour. There is ".:0.0 additioi:ia1cIiargeforsecretarial or administrativetiine expended on your case. . . ,.' . . 2 ' To assure our aVaiiabilityin your casc, we rcquirc a'rC1lewable fee retainer in the , " amount of$2,250.00,'a.ud a ren(Wable costs rctaincr in, the amount of $250.00, to be paid upoli . ,: "lhesignirrg hereof. ,The retliner:; ~ placed ip. separate tlUst accountS. Earned fees arc deducted , . frOm' the fee account on a weekly' basis. Cost,s advanccd on your behalf are deducted from the .Cbsts accci1,int ona monthly basis. ' ' , . . ,.', . . . , ''3" ' .If either< the fee ~. the cost retainer is consumed by earned fees or costs' , '. ,during oW" representation, yOu must renew/hat cost or fee retainer, in the origin'aJ ',. 'imJoU!Jr.witbin'JO days ofil'noticeuom ustJ1at the retainer,is exhausted. At the . ", t;oiu:J1ision CJEyoW" case. excess fimc/$ in both trust accountswiU be retimded to you, ~, ~:. , 4.'" WeaccQUll,t for oUr servii:es~ the time spent 011 perfonlling thosesCf\~ces; and the :mstsadVanced on yoUr behalf during the prior mon,th, \\~th mondlly st'ltements scnt out during , th~ first week of ~ month 'folloWing die perfonmlncc of ,ef\~ces or thc expCllditure of costs. . ,"..< . .5, Youi:'''costsff ;u:e the disbursements we'must make in orderto litigate your case, . si1chas" filing tees, transcript costs, "deposition cost" expcrt \\~tncss fees, toll-call telephone , ~; Copy costs ($.,12 per copy), facsimile costs, postage C)'l)C!lSCS and b:avcl cxpC1lses ($.3J "per: mile). We, will advis~you when any cost is optional. Por example, depositions may be "helpful in t!1e effective litigatiori of y6uicase, bl.lt may not be esscntial to a positive outcome: ' . .'!: " ,," . .. -, .". . , ~,:,rmii!:'l~ta.Ef]@~~ndil}FMilJ~r.~m . Home _rag\;'!: http://Kendan~M~net'.c:qm Page 2 Fee Agreement " , . .. " , ' .6. Upon the successful conclusion of your case, we willi:equest the'inbiml!1hearing . your case to order the Defendant(s) to pay the accrued fees arid casts of the action. If the court ' , or agency orders s;'ch award, all fees and costs previously paid by yol,l,~ be 'reimbursed to j',pU from that, award. In scttIenient negotiatiori,s, we' ,,>ill ,attempt to . negotiate a'. specific , reimbursemcrit to you of fees and costs you have paid to us. However, i,[wecan't 'successfully , negotiate that our feci; and costs will he paid as a separate settlement item, all fees and costs paid ' by you will be assumed to be included in the lump stUn settlement " . . . " " 7.' We shall keep you well,informed of the progress of your case. ,We shall send copies to you of all papers coming into, and goUlg out of ouf ciffice, including. correspondence, , pleadings and other court do'cuments. If no one is available when you: call,y?ur,ain will be ". returned promptly. TIle file and its progress will be open to your inspection at a1lyreasonable '. tiJue. We will use all due diligence in obtaining a positive result for you. ' 8. The parties hereto reserve the right to t~te the attorney-client reIatidnship upon non-compliahce o (eitller wid1 the terms of dlis'agreement, or by inutuft! agr~ent In:fue . . event of SUcll tl'11Uinati0l1, dle client ",ill be entitled to. the immediate refund ,of any uneamtrl',. ,', fees, or tht; attomeys will be entitled to immediate payment of any outStanding fees and costs, ,as , the case may be. Anydispllle arising ,wIder dlls Agreement will be resolved by binding arbitration,tU1der dw auspices of the American Arbitration Association. " . . ',' " . , ,. .. ,. , . . ' , 9. Please cotUltersign and date this Agreement, and return a copy to us,;iIong'with, , the required retainers ($2,500.00 t~t"ll), so that we will have a .mutual rneinornnduinof 'oUr.' . understanding, and so that we can begin \vork on your case itlunediately. ' . KENDALL MILLER"P.C January 8,1998 B~~?' Keith E. Kendall, Esq. .' .". ,',-- ....'.. 'D~te: 21~tl. (7(/ 1'6 ' I" , " /. ~;) C. , MilindaMecltan, Oient . . ",' ~,-~_"~"",~"",,,'~~~jjOm~~.,.~mOll~~iimilillj'" .',"" ;":""",,'~,,'~"', ".. ~ -.--- ~~ --o~ ~ CY C) ~ n~'" I f~. "6Q ....... .t .1/1 ~ D O~ C ~ () Q, I I -)~ P:i ~ ~~ <" , = - "" ~-.&. I, I I i" I , i: , I'i I~: ti I' '! !i " {) 5,:::: c::-: __ C1 I+;~~; ;~ [! ~,! !:~-; ~::::.: f.::) :s:::: (~ d'; (~~ ~__ ,< ~. --,-'--'- 5>;! -.:;: ~'-.) 0<" -=t -:J1 ;:----1 -< "'-../ :U -< ?lj ",'-,,'0.] :D - r-; '::) , j, -;-, l~r f . r- ....... P:r !b~ ~ S ~ Ot~ ~ ~J , , ''', ~,,__ ""-,, ~ --...,-.-- ",.~"" ,.' , .,._il" " ' l ,_'-_''< --, ~' __ __, " KEITH KENDALL, P.C., PlaintitJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MALINDA RASMUSSEN, Defendant No. 00-3790 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTIIONOTARY: Kindly reinstate the Complaint in the above matter, filed in your office on June 20, 2000. Date: October 17, 2000 ~,J Keith E. Kendall, Esq. Attorney for Plaintiff ~ 4409 North Front Stteet Harrisburg, PA 17110 (717) 236-9539 (717) 236-6602 FAX Attorney ill No. 42910 0 (::--' , , c: -. i ...~ ::-...) '-v r.i.' t~) rTi r.", --1 , Z ,-' Z ~-; Y UJ co " , ;::; \.:..) ~~l (~) '..-=.-- -~D -1'. e ( ." ~ c) L "-.-; 5> rr C ~ Z ,::J ~ {J1 iiI_WiltJ8i6l!~ll'Mll'~~~jl:OOIl~ii!~OOIll~ j---"""~- " 0 ~<.__ h___ l;iIlIIllI1!K~i'- .. - o ~~-: v.,' nlf>~,1 7'---:, zt-' ~;~;-:- C:::Ci ,- ~~i z: ~ (j!lJ- ,.....;' I ,j C:::--, (:..' ;:::) :'') ._,] cr.::' ~"' ~~~ , => (j'j ~~ ~,~ ~ ., ~ 1,-< " ~," SHERIFF'S RETURN - REGULAR CASE NO: 2000-03790 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KENDALL KEITH PC VS RASMUSSEN MALINDA HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RASMUSSEN MALINDA the DEFENDANT , at 0009:39 HOURS, on the 16th day of November, 2000 at 702 EAST SIMPSON ST MECHANICSBURG, PA 17055 by handing to MALINDA RASMUSSEN a true and attested copy of COMPLAINT & NOTICE together with REINSTATED and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ~~~r<:~ R. Thomas Kline 11/17/2000 KEITH KENDAL Sworn and Subscribed to before By: ~! 7~~ ~-/' Deputy Shen,ff me thi s ';;.2 M-e1.. day of 'n~.wuo .A.D. ~ 0.. /h,Rf"1 ~ othonotary . , ' - " , , 'b,j Legal Caption : 4t-T7-f~,.ul>;f"'-"'-1 ~L.v.l?-Ifs~S~; Statement ofIntention to Proceed (n/lt- f-Ja.379D cP~~~ To the Court: h. ""7 J<..JT7 F F Date: / D h6/0~ , , intends to roceed with the above captioned matter 0~ e E ~ ~ct>. / 'LI+ l,u-;-' FF 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 previouslygovemed by Rule ofJudicial 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 procedute 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 Pac 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 190 1 (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. II 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 prejudice 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 me 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 show in 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 thenotice 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 inatance, the aggrieved party may pursue the remedy of a commou law non pros which exits independently oftermination under Rule 230,2, ;'+"""""'-~'~.~'~~iIl,,_,,;.--;},1C,'1fu&II"IiiG,,;g-i!Jil!i!Ij~&0lm~i'~f@,;,'~,,"~Jl:-.l!&~"(iIfii1>,'"~lif4l'!l,,'ij.I~~"~ ~ l~ ~-, JI,'~ ~ ~~Ii.t'::: ,;,...'~'-'" .~.....th."", "",i..:,~, ~_~ ~",.. ". 0 C-;' \?, C (,.) -~ c::> ~ -;:) G~' ':-, ..,; rn no; -.... , -- z -, ~~L] 2': t- - (tJ (T~ -< , c:, r::: '- ,...,'~ :") -;-; :> ,- ',:>- ..,.., ,.~- ,,---' C') Li ;-,", )> c.~ ~l ,<< c~ Z :;:J 'c::--- --:\ ~v -" ,- -<