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HomeMy WebLinkAbout08-0092 Friedman & King, P.C. Richard S. Friedman, Esq. ID#07176 3820 Market Street Camp Hill, PA 17011 Attorney for Plaintiff (717) 236-8000 (717) 236-8080 FAX friedmanandking.(cr?hotmail.com IN THE COURT OF COMMON PLEAS FRIEDMAN & KING, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: Qg - qA 0,iVit TerM DOROTHEIA WAGNER, CIVIL ACTION - LAW Defendant. COLLECTION NOTICE TO DEFENDANT NAMED HEREIN: 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 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de VERIFICATION I, Richard S. Friedman, hereby acknowledge that I am one of the Plaintiffs in the foregoing action; that I have read the foregoing Complalint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Richard .Friedman, Esq. Dated: December 2-4 , 2007 - /?-?- f FRIEDMAN & KING, P. C. ATTORNEYS AT LAW 600 N. S$eoND ST. FIFTH FLOOR P.O. BOX -889 HARRISBURG, PENNSYLVANIA 17108 (717) SO8-8000 TELECOPIER NO. (717) 838-8080 friedmanandking@hotmail.com RICHARD S. FiRmm " JoHN F. KING June 30, 2004 Ms. Dorotheia Wagner c/o Takisha Williams 3655 Chambers Hill Rd., Apt. 503 Harrisburg, PA 17111 Dear Dorotheia: We are pleased that you have asked our firm to represent you in your divorce, child custody and child support matters. This letter is a written explanation of our fees, which Pennsylvania law requires attorneys to provide for their clients. We, Friedman & King, P.C., will provide legal services to you on the terms set forth below. 1. This agreement will not take effect, and we will have no obligation to provide legal services, until you return a signed copy of this agreement. This agreement will take effect when you have performed the conditions stated in Paragraphs 1 and 2, but its effective date will be retroactive to the date we first performed services. The date at the beginning of this agreement is for reference only. 2. Although it is customary for us to receive a prepayment of fees and costs, we have waived a prepayment in your particular case. However, we reserve the right to require a deposit (prepayment of fees and costs) in the future. 3. We feel that the most equitable basis for our fee is to determine how much time is spent on your matter. It is impossible to determine in advance the amount of time that will be needed to complete your case or the amount of fees and costs which you may incur. IE tile case of litigation or domestic cases, this frequently depends on the nature of the controversies and the willingness of the parties to resolve their differences out of court. Our billing is normally based on an hourly rate starting at $225.00 per hour for Richard Friedman, Esquire, $200.00 per hour for John F. King, Esquire, and $75.00 per hour for any paralegal or legal assistant's work. However, in your particular case, John F. King, Esquire's hourly rate will be billed at $150.00 per hour. Mr. Friedman's hourly rate, should he perform any services, will be $165.00 per hour. The hourly rates will be subject to increase provided we give you 30 days written notice. We will bill you monthly on a time-expended basis. Although we do not send itemized bills as a matter of course, we do provide. a general explanation of the nature of the services provided and the actual hours expended during each billing period. We also maintain in our office records of time used for conferences, telephone calls, drafting Ms. Dorotheia Wagner June 30, 2004 Page 2 documents, research, court time and, if necessary, travel time. These records will be available to you upon request. Fractions of hours are computed in periods of not less than two-tenths (2/10) of an hour for phone calls and written communications. The interruption of other work or phone calls is taken into consideration. In some instances we find it more expedient to bill predetermined set fees for certain services to be performed; i.e., uncontested divorce, incorporation of business, etc. Charges for preparation of documents are calculated on a time plus value basis. You will not be billed for clerical or secretarial time. As is the case with most attorneys, based on the complexity of the issues involved and based on the results obtained, the final bill may be raised accordingly. Further, you hereby acknowledge that Friedman & King, P.C. has the right to terminate its representation of you if you do not follow the advice of the law firm. It may also terminate its representation should it be determined that continuing its representation would create an unreasonable financial burden to the law firm. Friedman & King, P.C. is not required to file an appeal on your behalf should the case be litigated. 4. Travel time shall be defined as our time travelling from our office to meetings, hearings, trials, support conferences, etc. (and returning thereto) in the furtherance of your interests in your matter. Often, our schedule will be such that we will leave from somewhere other than our office to attend such a hearing or meeting, and/or return to a place other than the office after such a hearing or meeting. Travel time in such an instance shall be calculated from the place of origin to the meeting/hearing, and the place of the meeting/hearing to our next destination. However, this will not exceed the charge for the time it would have taken if we had left from our own office or returned to our own office. If you are retaining us for a matter involving hearings or a trial in a county other than Dauphin, you have been advised that our fees will likely exceed those which would be charged by local counsel, and counsel in the county in which the matter is pending would not have any or as much travel time for which you will be billed. 5. We expect you to keep current with our billings. We reserve the right to terminate our attorney-client relationship for non-payment of fees or costs. We expect our invoices to be paid in full within the month in which they are received. You should review your invoice promptly. If you fail to object to the charges in the month within which the bill is sent, we will assume that the bill is satisfactory. In the event of any fee dispute or failure to pay fees and costs, or if you feel that this office has not properly represented you and that you have a claim against this office, either you or this office has the right to demand binding and final arbitration under the rules and regulations of the American Arbitration Association as your sole and exclusive remedy. If it is necessary for us to proceed against you for payment of our bill, you will be responsible for paying all costs of collection, including the reasonable value of our services to proceed against you. 6. All bills are due within thirty (30) days. A carrying charge of eighteen (18 %) percent APR (1 1/2% per month) will be added after thirty (30) days. Ms. Dorotheia Wagner June 30, 2004 Page 3 7. We will charge you for the time we spend on telephone calls relating to your matter, including but not limited to calls with you, with court personnel, with opposing counsel, with experts or other witnesses, and with other individuals involved in or material to your matter. The legal personnel assigned to your matter will confer among themselves about the matter, as required. When they do confer, usually only one will charge for the time expended. However, if more than one of our legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. We will charge for waiting time in court and elsewhere and for travel time, both local and out of town. 8. You are hiring us as your attorneys, to represent you in your divorce, child custody and child support matters. We will provide those legal services reasonably required to represent you, which we expect will include filing for child support and litigating, if necessary, and filing a child Custody Complaint and litigation thereof, if necessary, and also providing all legal representation necessary for your divorce from your husband. No other services will be provided except as specifically requested by you. We will take reasonable steps to keep you informed of progress and to respond to your inquiries, and will return your calls as promptly as possible. Unless we are out of town, most phone calls will be either taken at the time you call us, or returned the same day. 9. An attorney's services are subject to certain laws and ethical guidelines concerning confidentiality. This means that anything confidential which you disclose to this office must be held in confidence by this office and cannot be revealed unless the refusal to reveal it would involve this office in unethical or illegal activities. This right of confidentiality only applies when you meet in private with an attorney and/or any member of his staff. Should you choose to have a family member or friend present during our meetings, your right of confidentiality has been waived, and although this is extremely unlikely, should your attorney be subpoenaed to testify against you in an adversarial proceeding, we would not be able to assert confidentiality as a reason not to give testimony. You are encouraged when dealing with highly adversarial matters to meet alone with your attorney. 10. Unless we make a different agreement in writing, this agreement will govern all future services we may perform for you. 11. You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this agreement, to pay our bills on time, and to keep us advised of your address, telephone number and whereabouts. Frequently, courts or other governmental agencies will send documents directly to you, as a party to litigation or as a principal in a business, and they will not send copies to us, as your attorney of record. For this reason it is very important that you forward to us any documents, papers, or correspondence which have been sent directly to you from the court or from any other source which may have any bearing on this matter. Ms. Dorotheia Wagner June 30, 2004 Page 4 12. We may incur various costs and expenses in performing legal services under this agreement. You agree to pay for those costs and expenses in addition to the regular fees. If you are being billed on a contingent basis, you understand that these costs will be subtracted from your net proceeds (after subtraction of Friedman & King's fees). Upon request, you agree to pay these costs in advance. The costs and expenses commonly include process servers' fees, fees fixed by law or assessed by courts and other agencies (so-called "filing fees"), court reporters' fees, messenger, overnight delivery and other delivery fees, sheriff's fees, parking and other local travel expenses, photocopying charges if they become excessive and must be performed out of the office, on-line computer research time, and other similar items. To aid in the preparation or presentation of your case, it may become necessary to hire doctors or other expert witnesses. We will not hire such personnel unless you agree to pay their fees and charges. We will select any expert witnesses to be hired. For out of town travel, you agree to pay meals, lodging and all other costs of any necessary out-of-town travel by personnel. You will also be charged the hourly rates for the time legal personnel spend travelling (see paragraph 4). 13. As previously stated, all fees must be paid on a current basis. Should there be outstanding fees at the conclusion of your matter, they must be paid when the case is concluded. Additionally, this office may require that you execute a judgment note or lien upon property or the proceeds of equitable distribution in our favor to secure payment of fees and costs. This office also reserves the right to retain all funds which we receive on your behalf, from any source, to guarantee payment of fees and costs. Regarding funds held in escrow: During the course of our representation, we may have occasion to hold funds in escrow on your behalf. We reserve the right to apply funds held in escrow to pay outstanding billings for services and costs advanced before remitting the balance of the funds held in escrow to you. 14. You may discharge us at any time. We may withdraw with your consent or for good cause. Good cause includes your breach of this agreement, your refusal to cooperate with us or to follow our advice on a material matter, or any fact or circumstance that would render our continuing representation unlawful or unethical. When our services conclude, all unpaid charges will immediately become due and payable. After our services conclude, we will, upon your request, deliver your file to you or your representative, along with any funds or property of yours in our possession. 15. Within ninety (90) days of the conclusion of our representation, whether this occurs because of completion of your matter, your discharge of our services, or our withdrawal as your counsel, you have the right to go through our file and secure copies of anything you wish. If you do not choose to request originals or copies from your file within ninety (90) days after the conclusion of our representation; we will assume that you are waiving this right. At the end of said ninety (90) day period, this office will remove from the file and destroy all nonessential documents, such as court pleadings which are of record at the court house, our memos to the file, our notes on the case, our legal research, and transcripts of depositions. At the end of five (5) years from the date of our conclusion of our representation, we will destroy your file, retaining only those original documents which may be needed in the future by you. Ms. Dorotheia Wagner June 30, 2004 Page 5 16. On some occasions, a court will order one spouse to pay part or all of the other spouse's fees. Sometimes, the court makes no order for fees and costs. However, as our client, you are primarily responsible for the payment of our total fees. Of course, amounts received pursuant to court order will be credited to your account. 17. Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. Our comments about the outcome of your matter are expressions of opinion only. 18. Our office manager and secretaries are usually conversant with the status of your file but are not permitted nor are they qualified to give any opinions or to advise clients on any legal matters. 19. As a result of the firm's representation, it may be necessary to gather information protected by federal and state privacy laws. By signing this fee agreement and hiring the firm, you authorize the firm or its representative, to gather any and all information it or they may deem necessary for the prosecution of your claim. This authorization acknowledges the fact that such gathering and disclosure of information may be to a third party not bound by the privacy laws or any other agreement or obligation of confidentiality. Also, you understand that upon conclusion of your case, the firm would normally hold your file and records for possible use on your behalf in the future. However, you further understand that you have the absolute right to notify the firm that you desire to have you records destroyed, or to pick them up to be retained by you. 20. Please countersign this Agreement and return it to us in the enclosed envelope, so that we will have a mutual memorandum of our understanding. Also, please fill in your Social Security number on the line below your name. Ver T.ur John F. King JFK/bp: feeldwagner. fee Enclosures I have read and understood the foregoing terms and agree to them, as of the date Friedman & King, P.C. first provided services. orotheia Wagne Phone number: (-I/ 7J 51? 7 - 6 7?tR Social Security number: 9,56 _? -a ?? f C,X?,Lj-?g Ms. Dorotheia Wagner 42 Altoona Ave. Enola, PA 17025 May 16, 2006 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 04/20/06 Telephone conference with client, telephone conference with Domestic Relations, memo, telephone conference with Attorney Abraham 8 04/28/06 Lengthy conference regarding proposal, finalization of Income & Expense Statement 1.4 05/09/06 Order from Master, telephone conference with Attorney Abraham, letter to Attorney Abraham, counter-proposal, memo 2.0 4.2 hours @ $200.00 per hour $ 840.00 BALANCE DUE as per prior billing $4,383.00 TOTAL DUE $5,223.00 Ms. Dorotheia Wagner 42 Altoona Ave. Enola, PA 17025 August 9, 2006 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 05/16/06 Conference with client, telephone conference to Attorney Abraham, follow up letter to Attorney Abraham, memo 06/06/06 Preparation of Pre-Conference Statement, Pre-Conference with Master Stern, telephone conference to client 06/07/06 Telephone conference from client, dictation of releases, letter to Attorney Abraham 06/22/06 Telephone conference to and from R.E. Appraiser 5.0 hours @ $200.00 per hour $1,000.00 COST ADVANCED: RSR Appraisers (appraisal) BALANCE DUE as per prior billing TOTAL DUE $ 300.00 $5,223.00 $6,523.00 1.6 2.2 1.0 .2 September 6, 2006 Ms. Dorotheia Wagner 42 Altoona Ave. Enola, PA 17025 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 08/02/06 Letter to Master Stern, telephone conference to Attorney Abraham, letter to Attorney Abraham, telephone conference from client, revision of letter to Master Stern 1.0 08/14/06 Telephone conference from client, letter to Dr. Goldman .4 08/16/06 Telephone conference from client, telephone conference to Attorney Abraham .4 1.8 hours @ $200.00 per hour $ 360.00 BALANCE DUE as per prior billing $6,523.00 TOTAL DUE $6,883.00 Ms. Dorotheia Wagner 340 E. Penn Dr. #151 Enola, PA 17025 October 10, 2006 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 09/14/06 Receipt/review of correspondence from opposing counsel, telephone conference to opposing counsel, letter to doctor .8 09/19/06 Lengthy meeting with client 3.3 hours @ $200.00 per hour COST ADVANCED: PNNI (report) BALANCE DUE as per prior billing Dorotheia: TOTAL DUE $ 660.00 $ 375.00 $6,883.00 $7,918.00 2.5 I've allowed your balance to get much higher than our office policy allows. We have never received a payment from you. Please call to discuss. December 13, 2006 Ms. Dorotheia Wagner 340 E. Penn Dr. #151 Enola, PA 17025 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 11/02/06 Preparation for Master's hearing 11/07/06 Receipt of retirement plan valuation, dictation of Pre-Trial Statement 11/07/06 Attendance at Master's hearing 11/10/06 Two telephone conferences from client 11.3 hours @ $200.00 per hour $ 2,260.00 COST ADVANCED: Unishippers $ 10.90 BALANCE DUE as per prior billing 7,918.00 TOTAL DUE $10,188.90 2.4 1.0 7.5 .4 FRIEDMAN & KING, P.C. 600 N. 2nd Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 (717)236-8000 (717)236-8080 (fax) friedmanandking@hotmail.com Richard S. Friedman John F. King February 9, 2007 Ms. Dorotheia Wagner 340 E. Penn Dr. #151 Enola, PA 17025 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 1/18/07 Preparation and submittal of post hearing brief 4.0 1/19/07 Finished final draft of post trial submittal 2.0 6.0 hours @ $200.00 per hour $ 1,200.00 COST ADVANCED: Pamela Packer, transcript BALANCE DUE as per prior billing $ 462.95 $10,188.90 TOTAL DUE $11,851.85 FRIEDMAN & KING, P.C. 600 N. 2nd Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 (717)236-8000 (717)236-8080 (fax) friedmanandking@hotmail.com Richard S. Friedman John F. King March 8, 2007 Ms. Dorotheia Wagner 340 E. Penn Dr. #151 Enola, PA 17025 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 2/5/07 Review memo re IRA, telecon to Dorotheia, telecon to Strube at Wachovia, memo .6 .6 hours at $200.00 per hour $ 120.00 BALANCE DUE as per prior billings $11,851.85 TOTAL DUE $11,971.85 FRIEDMAN & KING, P.C. 600 N. 2°a Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 (717)236-8000 (717)236-8080 (fax) friedmanandking@hotmail.com Richard S. Friedman John F. King April 9, 2007 Ms. Dorotheia Wagner 340 E. Penn Dr. # 151 Enola, PA 17025 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 3/6/07 Telecon from Dorotheia .2 hours at $200.00 per hour BALANCE DUE as per prior billings .2 $ 40.00 $11,971.85 TOTAL DUE $12,011.85 FRIEDMAN & KING, P.C. 600 N. 2nd Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 (717)236-8000 (717)236-8080 (fax) friedmanandking@hotmail.com Richard S. Friedman John F. King May 4, 2007 Ms. Dorotheia Wagner 340 E. Penn Dr. # 151 Enola, PA 17025 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 4/19/07 Telecons from and to Dorotheia .2 4/24/07 Oral Arguments and Exceptions, memo to file 2.0 2.2 hours at $200.00 per hour BALANCE DUE as per prior billings 440.00 $12,011.85 TOTAL DUE $12,451.85 FRIEDMAN & KING, P.C. 600 N. 2nd Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 (717)236-8000 (717)236-8080 (fax) friedmanandkingahotmail.com Richard S. Friedman John F. King June 5, 2007 Ms. Dorotheia Wagner 42 Altoona Ave. Enola PA 17025 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 5/9/07 Review of Master's Order, dictation of proposed language for distribution of marital residence per Order of Judge Evans 1.2 1.2 hours at $200.00 per hour 240.00 BALANCE DUE as per prior billings $12,451.85 TOTAL DUE $12.691.85 FRIEDMAN & KING, P.C. 600 N. 2"d Street, Fifth Floor P.O. Box 984 Harrisburg, PA 17108 (717)236-8000 (717)236-8080 (fax) friedmanandking@hotmail.com Richard S. Friedman John F. King August 2, 2007 Ms. Dorotheia Wagner 42 Altoona Ave. Enola PA 17025 SERVICES RENDERED BY JOHN F. KING, ESQUIRE 7/24/07 Letter to Judge Evans .2 hours at $200.00 per hour BALANCE DUE as per prior billings 2 40.00 $12,691.85 TOTAL DUE $12,731.85 FRIEDMAN & KING, P.C. 3820 Market St. Camp Hill PA 17011 717)236-8000 (717)236-8080 (fax) friedmanandkin& hotmail.com September 17, 2007 Ms. Dorotheia Wagner 42 Altoona Ave. Enola PA 17025 Richard S. Friedman John F. King SERVICES RENDERED BY JOHN F. KING, ESQUIRE 8/17/07 Letter to client re order on exceptions, letter to opposing counsel .4 .4 hours at $200.00 per hour 80.00 BALANCE DUE as per prior billings $12,731.85 TOTAL DUE $12,811.85 00 r? a cn "D o D h C' Pv G'p v L`1 4 r5 ?a :-U r SHERIFF'S RETURN - REGULAR CASE NO: 2008-00092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRIEDMAN & KING PC VS WAGNER DOROTHEIA GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAGNER DOROTHEIA the DEFENDANT , at 1554:00 HOURS, on the 10th day of January , 2008 at 42 ALTOONA AVENUE ENOLA, PA 17025 by handing to DONN CRILAY, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Postage .58 Surcharge 10.00 00 I J/ y/D 9 43.94 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 01/11/2008 FRIEDMAN & KING By. Deputy Sh iff A. D.