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HomeMy WebLinkAbout99-04056r T? ,:; °''.i 6s.; S,vy '.' BARBARA SUMPLE-SULLIVAN, Plaintiffs V. MARK D. REILEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: cjr` yo5-G ai4:P T? -- CIVIL ACTION - LAW 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 NUMBER: (717) 249-3166 BARBARA SUMPLE-SULLIVAN, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO: y 9- Yost C.Lj 7"xzl._ MARK D. REILEY, CIVIL ACTION - LAW Defendant COMPLAINT Plaintiff is BARBARA SUMPLE-SULLIVAN, an individual transacting business at 549 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is DR. MARK D. REILEY, an individual residing at 904 5' Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On or about July 17, 1997, Defendant contracted with Plaintiff to represent him in certain legal actions. A copy of said agreement is attached as Exhibit "A". 4. Said agreement provided that Plaintiff is to be compensated the sum of $115.00 per hour for work by Plaintiff, $60.00 per hour for work by paralegal staff as well as pay all costs and expenses associated with the case. 5. Plaintiff represented Defendant in all actions to the conclusion of all pending matters. 6. Defendant currently owes the Plaintiff NINE THOUSAND SEVEN HUNDRED FORTY-SIX and 96/100 ($9,746.96) Dollars for services provided and costs incurred. 7. Despite repeated demand, Defendant has failed to pay same. WHEREFORE, Plaintiff requests judgment in the amount of NINE THOUSAND SEVEN HUNDRED FORTY-SIX and 96/100 ($9,746.96) Dollars plu rest and costs of suit. Dated: July 2, 1999 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 -2- EXHIBIT "A" LAW OFFIGEs BARBARA SUMPLE-SULLIVAN 540 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070.1001 PRONE (717) 774.1445 PAX (717) 774-7059 TO MY CLIENTS: POLICY REGARDING SERVICE, FEES & RETAINER Quality legal service requires skill and time. My skill and time is my "stock in trade" -- and generally my fees are based on skill and time expended. It is always proper for you, my client, to discuss fee arrangements, progress in the matter or details of a particular bill. It will help you and I if you would read this explanation and discuss any questions you may have. TYPES OF FEES CONSULTATION: For an initial consultation, charges primarily will be based on the time I spend with you. If my consultation reveals that I need to study the law or facts of your case further before I decide to take it, I will discuss this further step, and the fee, if any, with you. STANDARD FEES: I will quote a fixed fee for some standardized services such as the drafting of routine deeds and wills. CONTINGENT FEES: In some situations involving lawsuits for recovery of a sum of money [personal injury suits, for example] I will receive a fixed percentage of the total recovery as compensation for handling the case. However, all expenses must be paid by you and kept current on a monthly basis. VARIABLE OR HOURLY FEES: In most matters I will charge an hourly rate of $115.00. In order to provide cost effective representation, some of the work in your case may be performed by my paralegal, whose hourly rate is $60.00. 1 shall be pleased, however, to furnish you with an idea of the approximate time I will spend on the matter. However, this figure can only be a rough estimate. I reserve the right to increase these rates during the scope of my representation, especially if said representation extends for a lengthy duration. You will receive thirty (30) days advance notice of any rate increase and you would have the right to terminate the services of my office should you desire. RETAINERS: This office requests a $600.00 retainer fee. The fee is generally a deposit for costs and expenses which I expect to incur when I agree to proceed with your matter. The retainer is non-refundable. CHARGING: My office will keep accurate records of the time expended and services performed on your matter. When I send you my bill, I will specify the time spent on your matter, how it was spent, and the charge for that time. In addition, you will be billed for actual disbursements I make on your behalf. BILLING: You will be billed through the 15th of each month. I expect payment within 30 days. Balances unpaid by the 15th of the subsequent month will be charged interest at the rate of 1% per month. This additional charge is for the added costs associated with handling delinquent accounts. Payment in full with each bill received will avoid the interest charge. MOST IMPORTANT, IF YOU HAVE ANY QUESTIONS, PLEASE ASK THEW! I understand and agree with the foregoing policy regarding service, fees and retainer and payment schedule. Date Date Bridge Street Cumberland, PA 17070.1931 BARBARA SUMPLE-SULLIVAN, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: MARK D. REILEY, CIVIL ACTION -LAW Defendant I, Barbara Sumple-Sullivan, hereby certifies that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: ALL Barbara Sumple-Sullivan v J Q C,, C] c.i En L,I LL: Cl m m O Z Q n° J Z a N W J rc u W ? N J Z w C 2 8 W 3 0 ¢ a S N m d mZ p m a W ? m a ? m u z z a ^l ? ,y '? w t BARBARA SUMPLE-SULLIVAN, Plaintiffs V. MARK D. REILEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-4056 Civil Action p AE IP • FO ENTRY OF DEFAULT JUDGMENT TO: PROTHONOTARY Please enter ajudgment in favor of Plaintiff and against Defendant for Defendant's failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within twenty (20) days of service thereof. Defendant was served the complaint on July 6, 1999 and Defendant's answer was due to be filed on July 26, 1999. Attached as Exhibit "N' is a copy of Plaintiffs written Notice of Intention to File Praecipe which I certify was mailed by regular mail to the Defendant at his last known address, which is at least ten (10) days prior to the filing of this Praecipe. Please assess Plaintiffs damages in the amount of NINE THOUSAND SEVEN HUNDRED FORTY-SIX DOLLARS ($9,746.96) plus costs. Dated: August 10, 1999 (717) 774-1445 Supreme Court I.D. No. 32317 J- 7 "LIUSOLIGUt New Cumberland, PA 17070-1931 EXHIBIT "A" I ? r LAW OFFIGES B-,.RR AR.1., SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CitPiHERLiND, PENNSYLV.A.NLi 17070-1931 PRONE (717) 774.1445 F.Ax (717) 774-7000 July 27, 1999 Dr. Mark D. Reiley 904 5" Street New Cumberland, PA 17070 Re: Sumple-Sullivan v. Reiley No. 99-4056 / Cumberland ounrv Dear Dr. Reiley: Enclosed constituting service on you is the Notice dated July 27, 1999. Please review this matter with your counsel. Barbara Sumple-Sullivan BSS/Id Enclosure U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 One pieta of ordinerV mail addressed tot Dr. Mark D. Reiley 904 5th Street New Cumberland, PA 17070 m ?ti! ar C N d? 3 -3?• ON+lmD m. r_aom..v ??? z• oaoo o a oC::) ? z a N o m v a PS Form 3817, Mar. 1989 GPO : 1993 0 - lsl-U?l BARBARA SUNIPLE-SULLIVAN, Plaintiffs V. MARK D. REILEY, Defendant TO: Dr. Mark D. Reiley 904 5" Street New Cumberland, PA 17070 DATE OF NOTICE: July 27, 1999 IN THE COURT OF CONIMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-4056 Civil Action NOTICE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLALVIS 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, PENNSYLV. 17013 TELEPHONE NUMBE (717 249-3-166 Barbara Sumple-Sullivansquire 549 Bridee Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 •d N J Xo t,.r. I L._. f11_' _I 1 c II LI Cl- Q ? ? ?V cl ./ Q O O V ` J-?\ i" !J J 1 T 4 v Z J N ? W C J ? LL (. W O ? O 5 m m m Q m IN TtE COURT OF CCMMON PLEAS OF CIMBEM AND OOUNI'Y, PENNSYLVANIA CIVIL DIVISION Barbara Sumple-Sullivan • File No. 99-4056 : Amount Due $9,746.96 V. ------ Mark D. Reiley : Atty's Comn TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Any and all personal property located at 904 5th Street, New Cumberland, PA., including but not limited to electronic and stereo equipment televisions pianos computer equipment and printers PRABCIPE FOR ATTACHMERr EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnis a?q s pendens against real estate of the defendant(s) described in the attachedhe byfl /? i DATE: August 10. 1999 Signature: Print Nark: Barbara Sumole-Sullivan Esquire Address: 549 Bridge Street New Cumberland. PA 17070 Attorney for: Plaintiff Telephone: (717) 774-1445 Supreme Court ID No.: 32317 Notes: If real property, supply six copies of description including i]TProvenents and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. r : SHERIFF'S RETURN - REGULAR CASE N0: 1999-04056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUMPLE-SULLIVAN BARBARA VS. REILEY MARK D ROBERT L. FINK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon REILEY MARK D the defendant, at 19:20 HOURS, on the 6th day of July 1999 at 904 5TH ST NEW CUMBERLAND, PA 17070 CUMBERLAND County, Pennsylvania, by handing to MARK REILEY a true and attested copy of the _NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Jov. Service 10.54 Affidavit .00 Surcharge 8.00 om s ine, ei BARA999 PLE-SULLIVAN Mby ??? e i Sworn and subscribed to before me this 9 ?-L' day of 4-tr 19t7j A.D. a.. L CIO, rotnonoca IN THE =YRf OF C34ION PLEAS OF CLR43ERLAM COLWY PENNSYLVANIA CIVT1 DIVISION Barbara Sumple-Sullivan . File No. 99-4056 v. Mark D. Reiley : Amount Due $9,746.96 Interest : Atty's Comm Costs TO 7HE PRDNONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Dauphin County, for debt, interest and costs upon the following described property of the defendant(s)Any and all Defendant's property located at 100 Colonial Road. Harrisburg, PA 17109, including but not limited to electronic and medical equipment, office furniture and equipment, and telephones, answering machines and _comnuter equipment and printprs- PRAECIPE FOR ATTACHMENT E?aJCUI'ION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishees as lis pendens against real estate of the defendant(s) described in the attached bit" / _ DATE: September 15, 1999 Signature Print Name :harbara Sumple-Sullivan, Esquire Address: 549 Bridge Street New Cumberland, PA 17070 Attorney for:-plaintiff Telephone: (717) 774-1445 Supreme Court ID No.: 32317 .! Notes. If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.p. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. 3 P ?. n ` n _ : a , O ? ? O v' '? to O r I" }n G1=1 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED., NO ACTION TAKEN IN SIX MONTHS. Sheriffs Costs: Docketing 18.00 Poundage 1.15 Advertising Law L;'ut ary Prothonotary 1.00 Mileage 10.54 Misc. Surcharge 8.00 Levy 20.00 Post Pone Sale Garnishee 58`0lsgtlfi$nbscribed to before ne This ^?gyofL{,,4 2002 A.D. fT f---? i ro honotary Advance Costs: 150.00 Sheriffs Costs: 58.69 91.31 Refunded to Atty on 0 So Ans ers• R. Tho as Kline, Sheriff By YINYAI!•SNNN^3d 664 NC S2 11 11 51r 41h.,.. , .uario jilla i 3n1 Jo 311djo Cti, R. /zvoS0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4056 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BARBARA SUMPLE-SULLIVAN PLAINTIFF(S) from MARK D. REILEY 905 5TH STREET NEW CUMBERLAND, PA 17070 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell ANY AND ALL PERSONAL PROPERTY LOCATED AT 904 5TH STREET NEW CUMBERLAND PA, INCLUDING BUT NOT LIMITED TO ELECTRONIC AND STEREO EQUIPMENT TELEVISIONS, PIANOS, COMPUTER EQUIPMENT AND PRINTERS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/. .,ed 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) It propertyof the defenclant(s) not levied upon an subject to attachment is found inthe possession of anyoneother 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 $9,746.96 L.L. Interest Due Prothy_ Atty's Comm Atty Paid Plaintiff Paid 115.04 Date: 08-10-99 REQUESTING PARTY: Name BARBARA SUMPLE-SULLIVAN Address: 549 BRIDGE STREET NEW CUMBERLAND, PA. 17070 Attorney for: Other Costs Telephone: (717) 774-1445 Supreme Court ID No. _ • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Barbara Sumple-Sullivan, Esquire ( ) Confessed Judgment ( ) Other File No. 99-4056 VS. Mark D. Reiley TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $9,746.96 Interest Atty's Comm The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Dauphin County, for debt, interest and costs, upon the following described property of the defendant(s) Any and all Defendant's property'located at 100 Colonial Road, Harrisburg, PA 17109, including but not limited to electronic and medical equipment, office furniture and equipment, and telephones, answering machines 5513 compu er equipnen prin ers. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against fate of the defendant(s) described in the attached exhibit. Date October 2002 Signature: Print Name: Barbara Sumple-Sullivan, Esquire Address: 549 Bridge Street New Cumberland, PA 17070 Attorney for: Telephone: Supreme Court ID No.: Plaintiff (717) 774-1445 32317 (over) . . Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. V ( a° -C C) h ,p A w o c o y c ? w c p ,? c I I , 6 oN? 1 C N ?O WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 994056 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due BARBARA SUMPLE-SULLIVAN, Plaintiff (s) From MARK D. REILEY, 100 COLONIAL ROAD, HARRISBURG, PA 17109 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL DEFENDANT'S PROPERTY LOCATED AT 100 COLONIAL ROAD, HARRISBURG, PA 17109, INCLUDING BUT NOT LIMITED TO ELECTRONIC AND MEDICAL EQUIPMENT, OFFICE FURNITURE AND EQUIPMENT, AND TELEPHONES, ANSWERING MACHINES AND COMPUTER EQUIPMENT AND PRINTERS. (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 fie/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,746.96 L.L. Interest Atty's Comm % Due Prothy $1.00 Arty Paid $194.73 Other Costs Plaintiff Paid Date: OCTOBER 29, 2002 CURTIS R. LONG Prothonota (Seal) `I}y: p a Deputy REQUESTING PARTY: Name BARBARA SUMPLE-SULLIVAN, ESQUIRE Address: 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-774-1445 Supreme Court ID No. 32317