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GREGORY J. KATSHIR
Attorney at Law
900 Market Street
Lemoyne, Pennsylvania 17043
(717) 763.8133 . Fax (717) 783.9425
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO:q/.u~S~ CIVIL TERM
VS.
MARGARET READER f/n/a
MARGARET AGRUSO
Defendant
TO: DEFENDANT
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. IP YOU DO 110'1'
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONB THB ORICB
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Courthouse 4th Floor
Carlisle PA 17013
Telephone: (717) 240-6200
office in Cumberland County.
4. Plaintiff has performed substantial professional
legal services and advanced costs on behalf of the Defendant and
rendered monthly invoices to the Defendant.
5. The Defendant has not disputed the invoices and has
made partial payments, but has refused to pay the balance due of
$8,479.91.
6. 'lbe cause of action arose in CWnberlaro County when
Defendant failed and refused to make the requirod payments at
Plaintiff's principal office in Cumberland County for the legal
services rendered by Plaintiff on behalf of Defendant.
7. Not withstanding the Defendant's agreement to pay the
Plaintiff, the Defendant has failed and refused to pay the
outstanding balances due in a total amount of $8,479.91.
8. Plaintiff further avers that demand has been duly
made of Defendant to pay the aggregate principal outstanding
balance due of $8,479.91 but Defendant has failed and refused to
pay the same. A true and correct copy of Plaintiff's most recent
invoice is attached hereto as Exhibit "A", and made a part hereof.
COUNT I - BREACH OF CONTRACT
9. ParagraIils 1 throu;Jh 8 hereof are iooorporated herein
by reference as if the same were set forth in detail.
10. Defendant has willfully breached her contractual
obligations pursuant to the aforesaid legal representation
agreement to pay Plaintiff the remaining sum of $8,479.91 for legal
services rendered and costs advanced by Plaintiff on behalf of
Defendant.
WHEREFORE, Plaintiff demands judgment in favor of
Plaintiff and against Defendant in the principal amount of
$8,479.91 together with interest thereon from January, 1997, and
the costs of suit.
COUNT II - QUANTUM MERUIT
11. Paragraphs 1 through 10 hereof are incorporated
herein by reference as if the same were set forth in detail.
12. In the alternative, Plaintiff seeks to recover fran
Defendant the reasonable value of the legal services rendered and
costs advanced by Plaintiff on behalf of Defendant.
13. Defendant has substantially benefitted from the
legal services rendered by Plaintiff on her behalf.
14. Plaintiff avers that, at all times IIIlterial herein,
his charges for legal services rendered and costs advanced by
Plaintiff on behalf of Defendant were reasonable and should be paid
by Defendant under the doctrine of quantum meruit.
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WHEREFORE, plaintiff demands judgment in favor of
Plaintiff and against Defendant in the amount of $8,479.91 together
with interest thereon from January, 1997 and the costs of suit.
Respectfully submitted,
Esquire
PA ID# 61967
900 Market street
Lemoyne PA 17043
(717) 763-8133
,-
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GREGOR~' J. RATSHIR
AT'I'ORNEY AT LAW
900 Market Street
Lemoyne, Pennsylvania 17043
(717) 763-8133
10/29/97
To: Mrs. Margaret Reader
114 W 8th Avenuo, Juniata
Altoona PA 16601
RE: Roader v. Sechera
For professional services rendered, as follows:
Date Doscription of service
Time
$8,579.91
9/22 AMOUNT FROM PRIOR BII.L
Billed at a rate of $100.00 per hour
Amount due - Fee
Previous payment
$8,579.91
$100.00
Total tees and costs $8,479.91
r~XIlIBIT A
VERIFICATION OF KNOWLEDGE. INFORMATION AND BELIEF
I verify that the facts set forth in the foregoing
COMPLAINT IN A CIVIL ACTION are true and correct to the best of my
knowledge, information and belief.
I understand that false
averments herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to
unsworn falsification to authorities.
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DATE:
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Gregory J. Katshir, Esquire
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-6050 CIVIL TERM
: CIVIL ACTION-LAW
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
MARGARET READER flnla
MARGARET AGRUSO,
Defendant
NOTICE TO PLEAD
TO: Gregory J. Katshir, Esquire
900 Market Street
Lemoyne, PA 17043
You are hereby notified to file a wriUen response to the enclosed Answer with New
Matter within twenty (20) days from service hereof or a judgment may be entered against
you,
O'BRIEN, BARIC & SCHERER
Date: (l./~ 1'17
~4j'~
Michael A, Scherer, Esquire
1.0. #61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Defendant, Margaret Reader
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-6050 CIVIL TERM
v.
MARGARET READER flnla
MARGARET AGRUSO,
Defendant
: CIVIL ACTION-LAW
DEFENDANT'S ANSWER WITH NEW MATTER
AND NOW, comes the Defendant, Margaret Reader, flnla Margaret Agruso, by
and through her attorney, Michael A. Scherer, Esquire, and respectfully responds to the
Plaintiffs Complaint as follows:
1. Admitted.
2, Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part and denied In part. It Is admitted that the Defendant has
not disputed the invoices but it is denied that Defendant refuses to pay the balance due
to the Plaintiff.
6. Denied. It is denied that the Defendant refuses to pay the legal bill. The
rest of paragraph six is admitted.
7, Denied. It is denied that the Defendant refuses to pay Plaintiffs legal bill.
8. Denied. It is denied that the Defendant refuses to pay Plaintiffs legal bill.
9. This paragraph does not require a response from the Defendant.
10. Denied. Defendant has attempted to perform pursuant to the agreement
to repay the Plaintiff.
11. This paragraph does not require a response from the Defendant.
12. This paragraph does not require a resp::mse from the Defendant.
13, Admitted,
14. Admitted.
WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be
dismissed and judgment be entered in favor of the Defendant.
NEW MATTER
15. Subsequent to the parties' Initial agreement whereby Defendant would
pay the Plaintiff at the rate of $100.00 per hour for Plaintiffs legal expertise, the parties
agreed that Defendant could amortize her bill with Plaintiff by paying $300.00 per
month.
16, Defendant has substantially performed her agreement pursuant to the
subsequent agreement whereby she could amortize her bill with Plaintiff at the rate of
$300.00 per month.
WHEREFORE, Defendant respectfully requests that judgment be entered in her
favor and against Plaintiff,
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: 12/~ /'11
~4)~
Michael A. Scherer
I.D. #61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made In the foregoing Defendant's Answer
With Now MaUer 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.
DATED:
'1
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-6050 CIVIL TERM
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
MARGARET READER flnla
MARGARET AGRUSO,
Defendant
: CIVIL ACTION.LAW
C;ERTlfICATE OF SI;RVICIi
1 hereby certify that on December 5, 1997, I, Michaal A. Scherer, Esquire, of
O'Brien, Baric & Scherer, did serve the Defendant's Answer with New Maller, by first
class U,S. mail, postage prepaid, to the party listed below, as follows:
Gregory Katshir, Esquire
900 Market Street
Lemoyne, Pennsylvania 17043
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Michael A. Scherer, Esquire
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GREGORY J. KATSHIR, ESQUIRE
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO, 97-6050 CIVIL TERM
v.
MARGARET READER flnla
MARGARET AGRUSO,
Defendant
: CIVIL ACTION-LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE CLERK OF COURTS:
Please enter my appearance on behalf of the Defendant, Margaret Reader, flnla
Margaret Agrusa, in the above-captioned matter.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: 1/ "Iz, 117
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Michael A. Scherer, Esquire
1.0.61974
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Defendant,
Margaret Reader
II
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Michael A. Scherer, Esquire
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-6050 CIVIL TERM
: CIVIL ACTION-LAW
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
MARGARET READER flnla
MARGARET AGRUSO,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on November Z( , 1997, I, Michael A. Scherer, Esquire, of
O'Brien, Baric & Scherer, did serve the Praecipe for Entry of Appearance, by first class
U,S. mail, postage prepaid, to the party listed balow, as follows:
Gregory Katshir, Esquire
900 Market Street
Lemoyne, Pennsylvania 17043
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GREGORY J. KATSHIR
Attorney at Law
900 Markel Slreet
Lemoyne, Pennsylvania 17043
(717) 763'6133' Fax (717) 763.9425
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
~d.""'6050 CIVIL TERM
VS.
MARGARET READER f/n/a/
MARGARET AGRUSO
Defendant
PLAINTIFP'S REPLY TO DEPENDANT'S NEW MATTER
Now comes the Plaintiff, Gregory J. Katshir, Esquire, an
indi vidual, and files this Reply to Defendant's New Matter as
follows:
1. Paragraphs one (1) through fourteen (14) of
Plaintiff's Complaint are incorporated herein as if the same were
set forth in detail.
2. Paragraph fifteen (15) is admitted b part and
denied in part. It is admitted that Plaintiff and Defendant had
discussed that Defendant would amortize her bill with Plaintiff by
paying Plaintiff the amount of $300.00 per month until the bill was
paid in full. However, pursuant to those discussions, and in order
to complete the agreement, Plaintiff requested Defendant to execute
an installment jUdgment note evidencing the discussion and
reaffirming her obligation to pay the total amount due. Defendant
failed to execute the note.
3.
Paragraph sixteen (16) is denied.
As indicated
above, the Plaintiff and Defendant did not enter into a subsequent
agreement. Moreover, Defendant has failed to make any substantial
payment towards her bill. For example, from January, 1997 through
December, 1997, Defendant has paid a total of $350.00 towards the
debt. Defendant's last payment of $100.00 was in October, 1997.
Respectfully submitted,
Esquire
PA 101 61967
900 Market street
Lemoyne PA 17043
(717) 763-8133
VERIFICATION OF KNOWLEDGE. INFORMATION AND BELIEF
I verify that the facts set forth in the foregoing
Plaintiff's Reply to Defendant's New Hatter are true and correct to
the best of my knowledge, information and belief. I understand
that false averments herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to
author! ties.
DATE:Jo/7 "2/17
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the
foregoing Plaintiff's Reply to Defendant's New Matter was served
upon the following via First Cluss mail, on 2 l.. bttt.. AlA. ,44" ,
postage prepaid as follows:
Michael Scherer, Esquire
O'Brien Baric & Scherer
17 West South street
Carlisle PA 17103
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GREGORY .T. KATSHrR
Attornev ;If L ~w
900 ~'"k~1 Slr~pl
Lemoyno, f"'pnnc:;y!v.:1n;a 17043
(717) 761-AL1J. Fa'( (717\763.9425
CORRECTION
Previous Image
Refilmed to Correct
Possible Error
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GREGORY J. KATSHIR
.
Altorney at Law
900 Markel Streel
Lemoyne, Pennsylvama 17043
(717) 763-8133' Fax (717) 763,9425
VS.
) IN THE COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) NO: 97-6050 CIVIL TERM
)
) CIVIL ACTION - LAW
)
)
)
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
MARGARET READER f/k/a
MARGARET AGRUSO
Defendant
RULE TO SHOW CAUSE
AND NOW, to-wit this day of
1998, upon consideration of Plaintiff's Motion, it is hereby
ORDERED that a Rule is issued upon Defendant to show cause'why
judgment should not be entered in favor of Plaintiff and against
Defendant in the amount of $8,479,91 together with interest and
costs of suit.
This Rule is returnable on the day of
1998 in Courtroom number before the Honorable
at .m.
BY THE COURT:
J,
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
MARGARET READER finial
MARGARET AGRUSO
Defendant
NO. 6050 CIVIL TERM
PLAINTIn" S MOTION I'OR JtlI)GMBN'l' ON THE PL&ADINGS
Now comes the Plaintiff, Gregory J, Katshir, Esquire, an
individual, and files this Motion for Judgment on the Pleadings as
follows:
1, This matter involves a collection matter existing between the
parties.
Plaintiff previously represented Defendant in
custody proceedings before this Honorable Court and the
t
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,
Superior Court of Pennsylvania. By Order of Court, Plaintiff
was granted leave to withdraw as counsel for Defendant.
2. On October 31, 1997, Plaintiff filed a Complaint in Civil
Action against Defendant. The Complaint raised a claim of
breach of contract and a claim under the doctrine of quantum
meruit.
3.
1,
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Plaintiff alleged that he and Defendant entered in to a
contract whereby he would provide legal services to Defendant
~.
and Defendant would pay Plaintiff at the rate of $100,00 per
hour, plus repayment of all costs advanced. Plaintiff alleged
that he performed substantial legal services for Defendant,
that Defendant benefited from those services, that he is owed
the amount of $8,479.91 by Defendant for those services, and
that Defendant has failed to pay Plaintiff that amount for the
services rendered.
4. By way of Answer to Plaintiff's Complaint, Defendant admits
the existence of the contract between the parties. Defendant
also admits that Plaintiff has performed substantial legal
work, that she has benefited from that work, that she has
failed to pay Plaintiff, and that Plaintiff should be paid for
the legal services rendered.
5, It would be appropriate for this Honorable Court to enter
judgment pursuant to Pennsylvania Rules of Civil Procedure
1034, This matter is free from doubt and a trial would be a
fruitless exercise and a waste of judicial resources.
WHEREfORE, Plaintiff requests this Honorable Court to enter
judgment in favor of Plaintiff and against Defendant in the
amount of $8,479,91 together with interest and cost of suit.
Respectfully submitted,
VERIFICATION OF KNOWLEDGE, INFORMATION AND BELIEF
I verify that the facts set forth in the foregoing
Plaintiff'. Motion for Judgment on the 1'1e.dino,J. are true and
correct to the best of my knowledge, information and belief. I
understand that false averments herein are made subject to the
penalties of 18 Pa. C.S, Section 4904, relating to unsworn
falsification to authorities,
!If
Gregory J. atshir. Esquire
DATE: 5'/It/ '18
I ,
vs.
) IN THE COURT O. COMMON PLEAS O.
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) CIVIL ACTION - LAW
)
)
)
) NO. 97-6050 CIVIL TERM
)
)
)
)
GREGORY J. KATSHIR, ESQUIRE
Plaintiff,
MARGARET READER f/n/a
MARGARET AGRUSa
Defendant,
CERTI.ICATE O. SERVICE
I, hereby certify that a true and correct copy of
Plaintiff's Motion for Judgment on the Pleadings was served by
mailing same, regular United States Mail on the Jl.th day of
~, 1998 as follows:
Michael A. Scherer, Esquire
O'brien, Baric & Scherer
17 West South Street
Carlisle PA 17013
Gregory J. Katshir, Esquire
Plaintiff
PA ID #61 67
900 Market Street
Lemoyne PA 17043
(717) 763-8133
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GREGORY J. KATSHIR
.
Attorney at Law
900 Market Slreet
Lemoyne, Pennsylvania 17043
(717) 763,6133. Fax (717) 763.9425
.
pr~ECIPE FOR l]STING CASE FOR ARGUMENT
(~t be typewritten and sul:Jnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
please list the within matter for the llIlXt ~t Ccurt.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption IlIlBt be stated in full)
GREGORY J. XATSHIR, ESQUIR~
( plaintiff)
VB.
hARGAR:ST READER f/kl a
f':ARGARET AGRUSO
(Defendant)
NO. 6050
CivU
19 97
1. State matter to be argued (i.e.. plaintiff's motion far new trial. defendant's
cknun:er to ~1aint. etc.):
Plaintiff's Lotion for Judgment on the Pleadings
2. Identify oounsel wOO will argue case:
(a) for plaintiff: Gregory J. Katshir, Esquire
Address: ~OO: ,arket street
IJen,oyne PA 17043
(b) for defendant: i..icnae.i A. Scherer, '8squire
~s: O'Brien, Baric & Scherer
17 West South street
Carlisle PA 17013
J. I will notify all parties in writing within boio days that this c:aoe 11M
been listed for a:rgurent.
... Arg\ment Court DIIte:
IlIIted.
5.
GREGORY J. KATSHIR, ESQUIRE
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V
MARGARET READER F/KlA
MARGARET AGRUSO
: NO. 97-6050 CIVIL TERM
ORDER OF COURT
AND NOW, June 24, 1998, by agreement of counsel, the above-
captioned matter Is hereby continued from the June 24, 1999 Argument Court list.
Counsel Is directed to rellst the case when ready.
By the Court,
Gregory J. Katshir, Esq.
For the Plaintiff
Michael A. Scherer, Esq.
For the Defendant
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Court Administrator
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GREGORY J. KATSHIR
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Attorney at Law
900 Market Street
Lemoyne, Pennsylvania 17043
(717) 763-8133' Fax (717) 763.9425
.
GREGORY J. KATSHIR, ESQUIRE
Plaintiff
: IN THE COURT OF COMMON PLEASE OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 97-6050 CIVIL TERM
VS.
MARGARET READER F/K/A
MARGARET AGRUSO
Defendant
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Kindly settle and discontinue the above captioned case and
mark the docket satisfied.
PA rDI 61967
900 Market Street
Lemoyne PA 17043
(717) 763-8133