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08-4275
TH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 4 Z, "7 ?L- -7 sC is NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. -o7nl o - ? ?? L„?,T / d STATE ` LP CODE ADIM DATE OF JUDGMENT IN THE CASE OF tlJWOM I v V - 0000/p? -0' This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If '.D.J. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after fling the NOTICE of APPEAL. Sonsk .ofPmMowtuyorDp* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of ame fe4s) r (Common Pleas No. 4;e" y -7 Sr) Within twenty (20) days after service of rule or suffer entry of judgment of non pros. d' 7-solm" of appouaw or O*ww or 89" RULE: TO !J7"T7?SD appellees) Name of 8AWO A) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2i if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this is rule if service was by mail is the date of the mailing. Date: 17 200s" oroep* 70"? YOU.MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE ,.0 r..vvr (This proof of yr *L-KV1CE OF NOTICE OFAPPEAL AND RULE TO FILE COp?,AyyT service MUST BE FILED WITHIN TEN (10) DAYS AFTER fNing of the notice of appeal. Check applicable bx oes. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas , upon the District justice designated therein on (date of service) 20 sender's receipt attached hereto, and upon the O by personal service U by (certified) (registered) mail, appellee, (name) , 20 (J , on by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ______ DAY OF 2a Signature of CMOs[ betore whom &*dovit was made TIW& &omcisl MY commission expires on .EE ?w a O ego ? U c° 20 Signature ofafrrant CO%MONWEALTH OF PENNSYLVANIA COUNTY OR CWWZRL M Mag. Dist. No.: 09-3-04 MDJ Name: Hon. TBOK&O A. PLACBY Address: 104 S SPORTING SILL BD NzCMM=CSSD>il,G, PA Telephone: (717 ) 761-8230 17050 ZBLLY XON P. 0. SOX 712 NBN SLOONFISLD, PA 17065 NOTICE OFCJIVDGCMASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS 1-110 OFFICES OF PZTZR J. RUSSO 5006 Z. TRINDLE ROAD APT/STE 100 NECK MCOBURG, PA 17050 L v8. DEFENDANT: NAME and ADDRESS rao>dr, ZELLY P.O. SOX 712 Na11 BLOO51FISLD, PA 17065 L _ Docket No.: CO-0000118-08 Date Filed: 2/20/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLXEXTIFF FX Judgment was entered for: (Date of Judgment) 6/18/08 -l J -1 J (Name) LM OFFICES OF PETZR J. RUSSO Judgment was entered against: (Name) X022 MLY 6,551.8Z in the amount of $ F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 M Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ '-_'-- 126.00 Judgment Costs $ 1,366.12 Interest on Judgment .00 Attorney Fees $ 6,551.62 Total Post Judgment Credits $ Post Judgment Costs $-____===r= Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 0$ Date I certify that this is a true a ce+°re'dfcopy' f t record of the Lg \JAL,0& Date 2010 My commission expires first Monday of January, AOPC 315-07 T%f MPW 1D4 TWWWn . 41112111110 Magisterial District Judge containing the judgment. , Magisterial District Judge SEAL 2•1nenA >au LAW OFFICES OF PETER J. RUSSO, Plaintiff V. 0000ik District Court 09-3-04 KELLY KON, Defendant SUMMARY CV-0118-08 Plaintiff seeks enforcement of the services contract. Defendant disputes various charges sent in monthly billing statements. The Court notes that allegations of excessive fees are to be initially referred to the Fee Dispute Committee for resolution. The disputed items are well outside the thirty (30) day time period provided in the contract. Notice of the disputed items had not previously been given to Plaintiff and is not now seasonable. Judgment shall be in favor of Plaintiff in the amount of $5,059.70 together with $1,366.12 in interest and the cost of this action. Attorney fees are not awarded pursuant to the terms of the written contract. There being no method for the Court to prospectively award a judgment upon settlement of the underlying civil action as was offered by the parties during the course of the underlying civil action the judgment is effective this date. 18 June 2008 Date By the Court Thomas A. Placey M.D.]. C'J . tee ". 7l v -a -rrrr?rra,? ; 0 C3 ul M _ t 7 .0 N r".- Postage $ CD Certified Fee CD $0. 42 in U.S. Postal Service,,, CERTIFIED MAID. r, R,&CEIPT !Domestic Mail Oniv: No Insurance Coverage Provided) IT M Postage $ Certified Fee $?=711 ( pork p Return Receipt Fee C3 Return Receipt Fee $7 , '211 r+a S t R !o C3 (Endorsement Required) O (Endorsement Required) $2.20 :-^7 Here F Q Restricted Delivery Fee C3 $13.013 Restricted Delivery Fee (Endorsement Required) Q (Endorsement Required) #'i)•1?11 Q Total Postage & Fees $5•'37 07/2 .8 Er ' = Total Postage & Fees $ $5 • S2 11 7;24 003 rq 4 r=1 e t To Sent To - ree . t. o.; or PO Box No. tz- C3 S`freet, Apt: Apo : - /n -- PO Box _l 11L......_-___ -- City, State, ZIP+4 City te, 21 +< _ fry ` r¢ p PAOW OP SERVICE OF NOTICE OF APPEAL AND RaE` TO ??11T (This proof of set~ MUST BE FII Av W/1N>llll TEN (1 o) DAYS AFTER MV of tie noitoe of Weal Chock applicable ,boxes.) COMMONWEALTH-OF PENNSYLVANIA COUNTY OF- tf£1t? f ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas Cr--9 -1-7,17upon the District Justice designated therein on (date of service) _ , 20 .01 , ? by personal service I?f b (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) LA-U i 1 [ , on 20 t g' ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SV1MM (APA-0WEO) AND SUBSCRIBED BEFORE ME THIS y DAY% ingL I 20_0f. 0 ?a ofsissnt Tft Of'ft'l fl My comrnissiort expWo an QygAf 6 -t& 1 120!_L-. m err, C rn po -? : cn I ^IONVWALTH OF. ENNSYLV : ' a No1sNM Sam orrI mwyJ.eaft'"OlwyPJ& rv 1 Pavy : tlo 17, 201 * CmvftMOn t7glYrs 1 Mta, Pent»ylvania Assockftn of NoWn L COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given-ttW.tha ApWlant has %ad in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. D PSI Q - G' l" C, ] STA ZIP' CODE -- I N; ---- (-)Ix ILA ii t 1 f-`h??c ;? , reTe- r.-J. f This block will be signed ONLY when this notation is required under Pa. If Clarrrrant (see Pa. R.C.P.D.J. No. 1001(8) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this ewe. (20) days after flung the NOTICE of APPEAL. SbnN"o1Pmd fl"y-DW* I PRAEiCTO ENTER RULE TO FILE ANT AND RULE TO FILE (This section of form to be used ONLY when'appellant was DEFEWMT (see Pa.R.C.P.D.J. No. 1001(7) in action before District JUSGce. IF NOT USED, detach from copy of rrot(ce of appeal to be server} upon apPefte PRAECIPE: To Prothonotary Enter rule upon e r Joe- t"?l f j 3 apP (s). to fib a complaint in this appal f Ct GtJ ?. 4/.1- Nara of appollae(s) (Common Pleas No. d ' ? J G?1JI) within twenty (20) days after service of rule or suffer entry of judgment of non pros- f' c_• ( I Slgnarrracf8W0ftMorat#xnayor'aganr ?- appellee(s) RULE: To LC) ??`T .? / f S'p /? Nara ofappWiWa) (1) You. ark Nfiied that,a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule-up n you by'pers pervice or by cettilled or registered mail. (2) 1 (you do not Ilea aomplainkwithin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3)? The date of service of this rub if service was by mail is the date of the mailing. Date: f ., - 20 Q .. oT nr Dapury YOU MUS TAN7CLkt094 C ., Y OF THE NOVICE OF JUD NTITRAM RIFT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 GREEN - COURT FILE YELLOW - APPELLANTS COPY 0 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, CIVIL ACTION 08-4275 08-4275 V. KELLY J. KON, Defendant. NOTICE TRIAL BY JURY DEMANDED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 2 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, . Vi. . KELLY J. KON, Defendant. COMPLAINT CIVIL ACTION 08-4275 TRIAL BY JURY DEMANDED Plaintiff, the Law Offices of Peter J. Russo, P.C., for Plaintiffs Complaint states: 1. Plaintiff Law Offices of Peter J. Russo, P.C., is a Pennsylvania Professional Corporation doing business in the Commonwealth of Pennsylvania with its principle place of business at 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050. 2. Defendant is Kelly J. Kon with a mailing address of PO Box 712, New Bloomfield, PA 17068. 3. Beginning on or about March 21, 2006, Plaintiff agreed to provide professional legal services to Defendant for a fee. 4. Plaintiff and Defendant entered into a written Fee Agreement regarding said services. The Fee Agreement is attached hereto and incorporated herein as Exhibit A. 3 5. Paragraph three (3); page one (1) of the Fee Agreement states, "the current charge for [Elizabeth Saylor's] time is $165.00 per hour for out of court time and $185.00 for actually court time. The charge for legal assistants, paralegals and law clerks is $75.00 per hour. The minimum billing unit for any work done is .17 hours, or ten minutes. No additional charge is made for secretarial and clerical services. We agree to bill you at these rates through December 31 of this year. All services rendered after that time will be charged at the rates then in effect." 6. Paragraph nine (9); page two (2) of the Fee Agreement states, "we cannot finance your litigation and it is therefore necessary that you make payment as bills are rendered." 7. Paragraph ten (10), page two (2) of the Fee Agreement states, "if you have any questions concerning any time of charge it is your responsibility to bring them to our attention within thirty (30) days of the date of the statement. Because investigation of billing inquires is time consuming and burdensome to office operations and unfairly increases cost of representation to other clients, we must charge a search expense of $50.00 per hour for staff personnel for the investigation of any billing inquiry made after thirty days. Attorney time for such inquires will be billed at regular hourly rates. " 8. Paragraph eleven (11); page 2 of the Fee Agreement states that, "we will impose finance charges of 18 percent per annum as permitted by law on amounts unpaid after thirty (30) days, as well as charges for any time involved in collection." 9. Plaintiff provided the legal services per the Fee Agreement. 10. Plaintiff provided Defendant with multiple statements reflecting the services rendered. 4 11. Defendant has failed to pay for the services set forth on the Statement dated June 5, 2007. A true and correct copy of the June 5, 2007 statement is attached hereto and incorporated herein as Exhibit B. 12. Plaintiff has repeatedly attempted to collect full payment from Defendant. 13. Despite Plaintiffs efforts, Defendant has refused to render payment in full. 14. Plaintiff believes and therefore avers that Defendant owes Plaintiff a balance of Five Thousand Fifty Nine Dollars and Seventy Cents ($5,059.70) for services previously rendered, plus Eighteen Percent (18%) interest per annum, costs, and reasonable attorney's fees. COUNT I - BREACH OF CONTRACT 13. Plaintiff realleges the allegations set forth hereof and incorporates them herein by reference as fully as though set forth herein at length. 14. Plaintiff contracted with Defendant to perform the services set forth on Exhibit A for the amount therein indicated. 15. Plaintiff performed said services. 16. Plaintiff contacted Defendant on several occasions thereafter to request payment for services rendered. 17. Although duly demanded by Plaintiff, the balance due of Five Thousand Fifty Nine Dollars and Seventy Cents ($5,059.70) exclusive of interest, costs and attorneys fees, has not been paid. WHEREFORE, Plaintiff claims damages from Defendant in an amount that does not exceed the mandatory arbitration amount plus interests, costs, attorney's fees and any other appropriate damages. 5 Respeg#ully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 ,;Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 6 VERIFICATION 1,J S13?lc,u?, , verify that the statements made in the forgoing document 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 : Print Title: f}/l Signature 7 EXHIBIT A Law Offices Of Peter J. Russo, P. Co Peter J. Russo, Esquire Scott A. Stein, Esquire John N. Papoutsis, Esquire Dear Client, ATTORNEYS AT LAW 3800 Market Street, Camp Hill, PA 17011 Phone: (717) 591-1755 Fax: (717) 591-1756 Elizabeth J. Saylor, Esquire Sharon A. Orr, Paralegal This is to confirm our conversation, at which time we discussed your matters and whether this office would represent you in connection with these matters. The following explanation of our billing procedures is intended to supply you with general information regarding payment for your legal representation and to confirm the arrangements for payment of your legal fees. An effective attomey-client relationship is based upon complete understanding and mutual respect and it is therefore important that you review the contents of this letter carefully and call me if you have any questions. The current charges for my time are $165.00 per hour for out of court time and $185.00 for actual court time. The charge for legal assistants, paralegals and law clerks is $75.00 per hour. The minimum billing unit for any work done is .17 hours, or ten minutes. No additional charge is made for secretarial and clerical services. We agree to bill you at these -rates through December 31 of this year. All services rendered after that time will be charged at the rates then in effect. Costs, for which you will be charged separately, include reimbursement for out-of-pocket expenses such as filing fees, process server fees, travel expenses, transcripts, printing costs, toll telephone charges, postage, computer assisted research, and, on occasion, fees for investigators, appraisers or accountants although such persons will usually be hired by you if their services are required. Fees for specific cost charges are made in accordance with the attached schedule. A non-refundable retainer of $1,500.00 is required before any work can be undertaken on your behalf. The balance of the total due mud be paid within 90 days of filing themn CLIENT'SEViT7ALS, Client's Initials Page One of Four A Two o Four Fee,°reement All evidentiary and appellate court appearances are billed at a minimum of four (4) hours computed at the regular hourly rate of the attorney representing you or the actual time spent at the proceeding when more than four hours is required. All other charges are computed on the basis of time-expended in providing you with legal advice and representation. If you require representation at a trial or hearing, it will be necessary for you to deposit an additional retainer equal to twice the actual court time anticipated. This requirement. is necessary because evidentiary court appearances are time intensive for the attorney and preclude the undertaking of other work for an extended period of time, not only during the actual hearing, but in the period of advance preparation as well. Most evidentiary proceedings require two to three hours of preparation time for each hour of scheduled court time. If complex questions of fact or law are involved, this time can increase substantially. It is not possible to estimate in advance the total charges for your legal work since the amount of time required is dependent upon the circumstances of your personal situation. You can expect your legal bills to be directly proportional to the degree to which your spouse does or does not cooperate with respect to the issues requiring resolution. At this point, you are a better judge of this factor than L We cannot finance your litigation and it is therefore necessary that you make payment as bills are rendered. Prompt payment in full for services rendered is vital to our ability to efficiently provide legal services to all clients. Your statements will itemize all charges for services, costs and expenses consistent with client confidentiality. If you have any questions concerning any time of charge it is your responsibility to bring that item to our attention within thirty days of the date of the statement. Because investigation of billing inquiries is time consuming and burdensome to office operations and unfairly increases cost of representation to other clients, we must charge a search expense of $50 per hour for staff personnel for the investigation of any billing inquiry made after thirty days. Attorney time for such inquiries will be billed at regular hourly rates. Like other creditors, we will impose finance charges of 18 percent per annum as permitted by law on amounts unpaid after 30 days, as well as charges for any time involved in collection. In the event that your account must be referred to outside counsel for collection, attorneys' fees of twenty percent of the outstanding balance will be charged to you. All payments received on account for fees billed will be credited first to the most recent charges on your account. Client's Initials Page Two of Four Page Three of Four Fee Agreement You will at all times have the right to terminate our services upon written notice to that effect. We will at all times have the right to terminate our services upon written notice to that effect in the event that you fail to cooperate with-us- in any reasonable request, to timely pay the monthly statements in full as submitted, to replenish the retainer, or if we determine in our reasonable discretion that to continue our services to you would be unethical or impractical. There are .many roads to the same destination; some are long and arduous and others are direct and easy. One of your most important considerations in deciding between various courses or action, or inaction, should always be the expense involved and this is based upon the amount of time which must be expended. We will attempt to represent you in the most time efficient manner possible and will, from time to time, suggest things that you can do to minimize your legal expenses. The following are some suggestions which have proved helpful to other clients and we would like to share them with you. We encourage you to adopt these procedures because they not only minimise expenses but, even more importantly, tend to produce a better ultimate result: 1. Avoid unnecessary telephone calls. If you have a question or information which can wait, make a note of it so that you can cover several items in one personal or telephone conference. 2. Leave messages. If you need to impart information which need not be discussed immediately, either leave the information with the secretary who answers the telephone or send a note. All of the attorneys in this office spend considerable amounts of time in court and we are therefore frequently unable to speak with you on the telephone when you call. I will attempt to return your telephone calls as soon as I reasonably can do so. In many situations, you should ask to speak with a legal assistant who can answer many factual questions for you and can relay information to me. Every employee in this office is bound to hold confidential any information received form a client. However, ONLY an attorney may give you legal advice; 3.- Read everything. You will receive copies of all documents and letters concerning your legal business which are either sent or received. You should maintain your own file which will duplicate the one which we are keeping. This will enable you to refer to the documents as necessary and will provide you with a permanent record of your case. 4. Make notes. Write everything down: questions, information, lists of pros and cons, everything. If you do, you will avoid repetition and you will not overlook anything important. Client's Initials Page Three of Four re roaro tour ee Agreement 5. Ask questions. You must be in a position to make informed and intelligent decisions. The only dumb question is the one you fail to ask. While we cannot guarantee a particular result, you may be assured that we will utilize the resources and expertise of this office to your best advantage. If you wish us to represent you, such representation will begin upon receipt by us of the enclosed copy of this letter, signed by you and your retainer payment. You should retain the original of this letter for your own records. If you do not wish to retain counsel at this time, you may arrange to be seen on a consultation basis at the same hourly rate, with the understanding that our representation of you does not begin until your retainer has been received Again, should you have any questions or concerns, please feel free to contact me. Very truly yours, Law ces of Peter J.Russo, P.C. PJRIpaw /new client/ ... have read the foregoing four pages and understand e tml? con lions of this Fee Agreement and they are acceptable to me. My signature herein is my express acknowledgment and acceptance of the terms of this Agreement. Cli 's EXHIBIT B Law Offices of Peter J. Russo, P. C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph:717-591-1755 Fax:717-591-1756 Kelly Kon PO Box 20 Shernians Dale, PA 17090 Attention: RE: Total Fee & Disbursements Previous Balance Balance Now Due June 5, 2007 File #: 06-0098 Inv #: 2940 $0.00 5,059.70 ?J?VJ7. / V TAX ID Number 05-0532082 CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Complaint, upon the following person, in the manner indicated: Service by CERTIFIED MAIL and US FIRST CLASS MAIL: Kelly Kon PO Box 712 New Bloomfield, PA 17058 DATE: 8 l (??j Ashley R. Si Paralegal 10 ?.- $ ?.? - ,?J __ 'Tj ? -r- ... (...A ??? ? 1 _ :. ?'r ?. '" t . _ J? p't y `? tl? 757 CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Complaint, upon the following person, in the manner indicated: Service by CERTIFIED MAIL and US FIRST CLASS MAIL: Kelly Kon PO Box 712 New Bloomfield, PA 17058 DATE: ?t I I o8 U h WW IL_ ) tac . Ashley,W JSipe, Parflegal 10 J P'% ¦ Complete items 1, 2, and 3. Also complete *am 4 If Restricted Delivery is desired. ¦ P* t your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or an the front If space permits. 1. Article Addressed to: Yee\1 ?c,c?n 'Vo Ne? b?oomi`?1?, PP A. SMN; X 0 Addressee B ,? S. Date of Delivery D. Isdelh?y wit-trorr 11 ? nYes If YES, y ass bolo z' ? ?lo ,Y CO 3. Service Type e Certified Mali Registered m Receipt for Merchandlae 0 Insured Mail C.O.D. 4. Restricted Deiivery3 (Extra Fee) ? Y? 2. Article Number (rransferfrom serv?ceIaW 7007 0710 0000 6831 6909 PS Form 3811, February 2004 Doawedc RaWm Receipt 102595-02-M-1540 i C'J t ??, e _? ?7 ? ?_? G t 7 "!- CV , ? ?? / ? C""; ? ? --•{ "^C nt ,C- 0 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, CIVIL ACTION 08-4275 08-4275 V. KELLY J. KON, Defendant. TO: KELLY J. KON DATE OF NOTICE: August 28, 2008 TRIAL BY JURY DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Ir Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 oc=Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Defendant 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 L ? I. LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION 08-4275 Plaintiff, 08-4275 V. KELLY J. KON, Defendant. TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that on -c=\emW a,ap0? I have served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: FIRST CLASS MAIL Kelly Kon PO Box 712 New Bloomfield, PA 17058 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Amber L. Southard, Paralegal ? ...-1 ?.'* -' ? i"' ?-.:: t_ ? .--1 ? ' •^'(;5 4 .,. .-e'^. a ?= i', ?^,:, • ' Q? Y:"" •?? ?,?? l •._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION 08-4275 Plaintiff, 08-4275 V. KELLY J. KON, Defendant TRIAL BY JURY DEMAND NOTICE TO PLEAD You are hereby notified to file a written response to the within Counterclaim within twenty days (20) days from service hereof or a judgment may be entered against you. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION 08-4275 Plaintiff, 08-4275 V. KELLY J. KON, Defendant TRIAL BY JURY DEMAND ANSWER TO COMPLANT AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. Further, the Agreement speaks for itself. 6. Admitted. Further, the Agreement speaks for itself. 7. Admitted. Further, the Agreement speaks for itself. 8. Admitted and denied. It is admitted that the paragraph in the fee agreement letter reads as stated. It is denied that a finance charge of 18% per annum is appropriate. 9. Denied. It is denied that the Plaintiff provided the legal services per the fee agreement letter. Rather, the Plaintiff provided legal advice which caused great harm to the Defendant and failed to meet professional standards. Further, Plaintiff failed to properly prepare for meetings, failed to properly correspond with opposing counsel, failed to properly prepare Defendant for meetings, conferences, and hearings and otherwise gave inappropriate legal advice which has been financially detrimental to the Defendant. 10. Admitted. 11. Admitted and denied. It is admitted that Defendant has not paid for the services which the Plaintiff has demanded payment. It is admitted that a copy of the June 5, 2007 statement is attached. Further, the Plaintiff has provided the Defendant with other statements in the past which are conflicting and reflected changes made to the billings from one date to the next. 12. Admitted. 13. Admitted. 14. Denied. It is denied that the Plaintiff is due the sum demanded. COUNT 1- BREACH OF CONTRACT 13. Defendant sets forth her Answers previously stated and incorporates them herein by reference as fully as those set forth herein at length. 14. Admitted. 15. Denied. It is denied that the Plaintiff performed services in a professional manner. It is denied that Plaintiff provided services for which Plaintiff now demands payment. 16. Admitted. 17. Admitted. Further, it is defendant's position that no sum is due to the Plaintiff. WHEREFORE, Defendant requests that the Plaintiff's Complaint be dismissed. COUNTERCLAIM 18. Defendant's Answers to paragraphs one (1) through seventeen (17) of the Plaintiff's Complaint are incorporated by reference as fully as those set forth herein at length. 19. Throughout the period of time that Plaintiff represented Defendant in her divorce proceedings, Plaintiff provided various legal advice and legal recommendations that led to the Defendant's financial detriment including the terms of an interim agreement dated September 12, 2006 which is attached to this document as Defendant's Exhibit A. 20. The terms of the Order of September 12, 2006, which was entered on stipulation, were terms that were recommended to the Defendant by Plaintiff. 21. The Defendant did not wish to enter into the stipulation but felt forced to do so by the urging, pressure, and recommendation of the Plaintiff. 22. The Order of September 12, 2006 is detrimental to the Defendant in that the value of vehicles which she retained were established as of that date for divorce purposes even though the divorce proceedings occurred nearly two (2) years later which was greatly to the Defendant's financial detriment. 23. The Order of September 12, 2006 required Defendant to vacate the former marital residence with no personal property whatsoever which put an extreme burden on the Defendant as she needed to find new housing and furnish that home for her to be able to care of her four (4) children which created an extreme financial detriment to the Defendant. 24. Plaintiff recommended, urged, and pressured Defendant to agree to arrangements where she would not request child support, even though her income was substantially less than her husband's income and Defendant would have been entitled to secure child support. 25. Defendant has since become aware that the provision to not request child support is possibly unenforceable, which provision was to the Defendant's financial detriment. 26. The Plaintiff refused to communicate with the Defendant in a timely manner, refused to give her proper direction as to how the divorce case should be advanced and charged for paralegal services, or legal assistant services, under circumstances where simple messages were passed between Defendant and the Legal Assistant to the attorney handling Defendant's case for Plaintiff, and under circumstances where the attorney for the Plaintiff who was handling Defendant's case refused to talk to the Defendant. 27. The Plaintiff's charges for services provided to Defendant were extreme, did not relate realistically to the time involved, and otherwise were inappropriate. WHEREFORE, Defendant requests your Honorable Court to enter Judgment against the Plaintiffs in the amount of $25,000.00 or otherwise in an amount deemed just and proper. Respectfully Submitted, *IyJ. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION 08-4275 Plaintiff, 08-4275 V. KELLY J. KON, Defendant CERTIFICATE OF SERVICE I, Kelly J. Kon, hereby certify that I did, the-day of September, 2008, cause a copy of Defendant's Answer to Complaint and Counterclaim to be served upon Plaintiff by serving him by first-class mail, postage prepaid at the following address: Law Office of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 DATE: Kly J. 51on el P.O. Box 712 New Bloomfield, PA 17068 = ? ?T r , -{ },-_ ?? a. ...,... ?.yi "': 0 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, CIVIL ACTION 08-4275 08-4275 V. KELLY J. KON, Defendant. TRIAL BY JURY DEMANDED NOTICE TO PLEAD TO: KELLY J. KON You are hereby notified to file a written response to the enclosed Plaintiff's New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Attorneys for Plaintiff Peter J. Russo, Esquire ID # 72897 >! Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: 717-591-1755 Fx: 717-591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION 08-4275 Plaintiff, 08-4275 V. KELLY J. KON, Defendant. TRIAL BY JURY DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S COUNTERCLAIM AND NOW, COMES the above-named Plaintiff who responds to Defendant's Counterclaim as more fully set forth below: 18. Denied. The Rules of Civil Procedure do not require a response to the adverment contained in Paragraph 18. 19. Denied. Plaintiff denies that Plaintiff provided various legal advice and legal recommendations that led to the Defendant's financial detriment including the terms of an interim agreement dated September 12, 2006. By way of further response, the averment contained in Paragraph 19 references a legal document which controls and any interpretational gloss placed thereon is strictly denied. 20. Denied. Plaintiff denies that the terms of the Order of September 12, 2006, were recommended to the Defendant by Plaintiff. By way of further response, the 2 averment contained in Paragraph 20 references a legal document which controls and any interpretational gloss placed thereon is strictly denied. 21. Denied. It is denied that Defendant did not wish to enter into the stipulation but felt forced to do so by the urging, pressure and recommendation of the Plaintiff. By way of further response, the averment contained in Paragraph 21 references a legal document which controls and any interpretational gloss placed thereon is strictly denied. 22. Denied. The averment contained in Paragraph 22 is a legal conclusion to which no response is required. 23. Denied. The averment contained in Paragraph 23 references a legal document which controls and any interpretational gloss placed thereon is strictly denied. By way of further response, the remainder of Paragraph 23 sets forth a legal conclusion to which no response is required. 24. Denied. Plaintiff denies that she recommended, urged and/or pressured Defendant to agree to arrangements where she would not request child support. By way of further response, the remainder of the averment contained in Paragraph 24 is a legal conclusion to which no response is required. 25. Denied. The averment contained in Paragraph 25 is a legal conclusion to which no response is required. 26. Admitted in part and denied in part. It is denied that Plaintiff refused to communicate with the Defendant in a timely manner. It is denied that Plaintiff refused to give Defendant proper direction as to how the divorce case should have advanced. While it is admitted that Plaintiff charged for Paralegal services and/or Legal Assistant services, it is denied that said services were unreasonable, and not in compliance with the representation agreement between Plaintiff and Defendant. 27. Denied. The averment contained in Paragraph 27 is a legal conclusion to which no response is required. Plaintiff denies all other allegations in Paragraphs 18 through 27 of Defendant's Counterclaim that are not specifically admitted. WHEREFORE, Plaintiff requests that Defendant's Counterclaim be dismissed and judgment entered in Plaintiffs favor and against the Defendant, without costs to them, but together with such costs, expenses and attorney's fees as authorized by law in which the Court deems necessary, just and appropriate under the circumstances. PLAINTIFF'S NEW MATTER 28. Defendant has failed to set a claim upon which relief may be granted. 29. Defendant has failed to join an indispensable party. 30. Defendant has failed to mitigate her damages, if any. 31. Defendant's claim for recoverable damages is contrary to the law of the Commonwealth of Pennsylvania. 32. Defendant may be barred in whole or in part by the applicable Statute of Limitations. 33. Defendant may be barred in whole or in part by the principle of res judicata. 34. Defendant's causes of action may be barred in whole or in part by the Statute of Frauds. 35. Defendant's causes of action may be barred in whole or in part by the Parol Evidence Rule. 4 36. Defendant's claim(s) may be barred by the doctrine of estoppel, waiver and/or laches. 37. Defendant's claim(s) may be barred by the Principles of Accord and Satisfaction. 38. Defendant's claim(s) may be barred by the doctrine of payment/release. 39. Defendant's claim(s) may be barred in whole or in party by the doctrine of economic loss. 40. Defendant voluntarily assumed the risk of the facts set forth in the pleadings and accordingly her claim(s) is barred. 41. Defendant's claim may be barred and limited by the doctrines of contributory negligence, comparative negligence and/or assumption of the risk. 42. No conduct of the Plaintiff or agent of the Plaintiff resulted in or is the proximate cause of any injury or damage sustained by the Defendant. 43. Any injuries and/or damages claimed by the Defendant, if proven, were caused by persons other than Plaintiff and not within the control of Plaintiff. 44. At all material times hereto Plaintiff acted reasonably, appropriately and caused no injuries or damage to Defendant. 45. Any harm suffered by the Defendant arose out of her own non-performance of the essential obligations. 46. If the Defendant sustained damages alleged in her Counterclaim, which damages are strictly denied, then the damages were caused by the acts or omissions of entities or individuals over which Plaintiff had no control, or legal duty to control. 5 47. Defendant is estopped from denying reliance on representations of Plaintiff not set forth in the Fee Agreement. WHEREFORE, Plaintiff requests that Defendant's Counterclaim be dismissed and judgment entered in Plaintiffs favor and against the Defendant, without costs to them, but together with such costs, expenses and attorney's fees as authorized by law in which the Court deems necessary, just and appropriate under the circumstances. LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: 717-591-1755 Fx: 717-591-1756 ell, Date: 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, V. KELLY J. KON, Defendant. CIVIL ACTION 08-4275 08-4275 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Plaintiff's Response to Defendant's Counterclaim and Plaintiffs New Matter upon the following person, in the manner indicated: FIRST CLASS MAIL Kelly J. Kon P.O. Box 712 New Bloomfield, PA 17068 Pro se Defendant LAW OFFICE OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: 11 & Q, - a,-,- F1 Ashley U ipe, Para gal Date: Q 7 r_:w cn c+ti_} I C CI1 0? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION 08-4275 Plaintiff, 08-4275 V. KELLY J. KON, Defendant TRIAL BY JURY DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, V. KELLY J. KON, Defendant CIVIL ACTION 08-4275 08-4275 TRIAL BY JURY DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MATTER 28. Denied. The averments contained in Paragraph 28 are a legal conclusion to which no response is required. 29. Denied. The averments contained in Paragraph 29 are a legal conclusion to which no response is required. 30. Denied. The averments contained in Paragraph 30 are a legal conclusion to which no response is required. 31. Denied. The averments contained in Paragraph 31 are a legal conclusion to which no response is required. 32. Denied. The averments contained in Paragraph 32 are a legal conclusion to which no response is required. 33. Denied. The averments contained in Paragraph 33 are a legal conclusion to which no response is required. 34. Denied. The averments contained in Paragraph 34 are a legal conclusion to which no response is required. 35. Denied. The averments contained in Paragraph 35 are a legal conclusion to which no response is required. 36. Denied. The averments contained in Paragraph 36 are a legal conclusion to which no response is required. 37. Denied. The averments contained in Paragraph 37 are a legal conclusion to which no response is required. 38. Denied. The averments contained in Paragraph 38 are a legal conclusion to which no response is required. 39.- Denied. The averments contained in Paragraph 39 are a legal conclusion to which no response is required. 40. Denied. The averments contained in Paragraph 40 are a legal conclusion to which no response is required. 41. Denied. The averments contained in Paragraph 41 are a legal conclusion to which no response is required. 42. Denied. The averments contained-in Paragraph 42 are a legal conclusion to which no response is required. e 43. Denied. The averments contained in Paragraph 43 are a legal conclusion to which no response is required. 44. Denied. The averments contained in Paragraph 44 are a legal conclusion to which no response is required. 45. Denied. The averments contained in Paragraph 45 are a legal conclusion to which no response is required. 46. Denied. The averments contained in Paragraph 46 are a legal conclusion to which no response is required. 47. Denied. The averments contained in Paragraph 47 are a legal conclusion to which no response is required. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's New Matter. /Y?IIy 1?oN P o. 13ox ?!a Neu Llam?'eld,Op norms Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, V. KELLY J. KON, Defendant CIVIL ACTION 08-4275 08-4275 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Response to New Matter upon the following person, in the manner indicated: WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's New Matter. CERTIFIED MAIL Elizabeth J. Saylor, Esquire 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Date: New Bloomfiled, PA 17068 m -r?cr' 9 -w LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, V. KELLY J. KON, Defendant. CIVIL ACTION 08-4275 08-4275 TRIAL BY JURY DEMANDED NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM TO: Kelly Kon PO Box 712 New Bloomfield, PA 17058 Pro se Defendant Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, 1 intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if a certificate of merit is not filed as required by Rule 1042.3. I am serving this notice on behalf of The Law Offices of Peter J. Russo, P.C. The judgment of non pros will be entered as to the following claims: as to all claims of the Defendant Kelly Kon. Respectfully submitted, LAW 6FFICE"S OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 2 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION 08-4275 Plaintiff, 08-4275 V. KELLY J. KON, Defendant. TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim, upon the following person, in the manner indicated: Service by US FIRST CLASS MAIL: Kelly Kon PO Box 712 New Bloomfield, PA 17058 DATE: 0&&'d Cf ' Amber L. Southard, Paralegal 3 Fil 2009 APR 22 PM 3: 14 l?C.. r ' Sh ITV rtiw .Jd e' LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA S OF PETER J. RUSSO, P.C. Plaintiff CIVIL ACTION 08-4275 08-4275 vs. KELLY J. KON, Defendant TRIAL BY JURY DEMANDED CERTIFICATE OF MERIT PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 1042.3(a)(3). testimony of an appropriate licensed professional is unnecessary for the of my claim. Respectfully submitted, w ? l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OIFFICES OF PETER J. RUSSO, P.C. Plaintiff VS. KELLY J. KON, Defendant CIVIL ACTION 08-4275 08-4275 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE First hereby certify that I have on this day served a true and correct copy of the of Merit upon the following person in the manner indicated: Service by US Mail: Law Offices of Peter J. Russo, P.C., 5006 East Trindle Road, Suite 100, PA, 17050. DATE: 5aav R[ HI't_ 1 Z" OF THE RPiC)T? ?'" n i ? 2009 MAY 20 PH 2. 4 2 CL, j N7 6 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C., CIVIL ACTION Plaintiff NO. 08-4275 V. KELLY J. KON, Defendant TRIAL BY JURY DEMANDED MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes The Law Offices of Peter J. Russo, P.C., and sets forth the following: 1. On or about July 17, 2008, Defendant filed a Notice of Appeal issuing Plaintiff twenty days to file a complaint. 2. On or about August 5, 2008, Plaintiff filed a Complaint. 3. On or about September 4, 2008, a notice was filed and provided to Defendant that the twenty (20) days within which to file an Answer to Plaintiff's Complaint had elapsed. 4. On or about September 8, 2008, Defendant filed an Answer, New Matter and Counterclaim, sounding in professional liability. 5. On or about September 17, 2008, Plaintiff filed a response to Defendant's Counterclaim with New Matter. 6. On or about October 24, 2008, Defendant filed and Answer to Plaintiff's New Matter. 7. On or about April 22, 2009, Plaintiff filed a Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim. 8. On or about May 20, 2009, Defendant filed a Certificate of Merit Pursuant to Pennsylvania Rules of Civil Procedure 1042.3(a)(3) alleging that expert testimony of an appropriate licensed professional is unnecessary for the prosecution of her claim. 9. In her Counterclaim, Defendant has a. failed to plead elements of a claim of legal malpractice, and thus has failed to reach her burden of proof; and b. plead only speculative allegations that she may have been able to secure a better deal, and thus the Mahammad Rule applies so as to bar Defendant from suing counsel for professional liability. 10. Defendant further failed to repudiate Plaintiff's action until Plaintiff filed an action against Defendant for legal fees years later, and thus her claim is precluded as she ratified Plaintiff's actions. 11. Defendant is further unable to reach her burden in a professional liability case without expert testimony, which she should be precluded from presenting due to her assertion that expert testimony is unnecessary for the prosecution of her claim. 12. Defendant should not be afforded leave to amend, because: a. the statute of limitation in a professional liability claim as against Plaintiff expired in April of 2009, and b. Defendant has and continues to simply attempt to prolong Plaintiff's collection of fees earned. 13. Counsel for Plaintiff has not sought the concurrence of the Defendant, due to Defendant being a pro se litigant and the tenuous nature of this matter. 14. No Judge of the above captioned Court has ruled on any related issue concerning this matter. WHEREFORE, Plaintiff requests that this Court grant Plaintiff's Motion for Judgment on the Pleadings and dismiss Defendant's Counterclaim with prejudice. THE LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Defendant 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C., CIVIL ACTION Plaintiff NO. 08-4275 V. KELLY J. KON, Defendant. TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Motion for Judgment on the Pleadings and attached Orders upon the following persons, in the manner indicated: FIRST CLASS MAIL Kelly Kon PO Box 712 New Bloomfield, PA 17058 LAW OFFICE OF PETER J. RUSSO, P.C. BY: jyjy&4 6t Date: ('A11 A 1 oq Amber L. Southard, Paralegal OF THt_ Fr Y ';' f?'?;??Y 2009 SE P 1 5 Ni 2: 17 CU IIY ,: ; t 11 cA C-?- 4 PRAECIPE FOR LISTING CASE FOR ARGUMENT FILED ?c T HI Ho (Must be typewritten and submitted in triplicate) tiY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matterYMAQ18 P 2: 55 Argument Court.) -----------------------------------------------------------------------------------------------------------------A?` CAPTION OF CASE widTY rJSY?1f?r?,;?i (entire caption must be stated in full) LAW OFFICES OF PETER J. RUSSO, P.C. vs. KELLY J. KON No. 08-4275 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases (a) for plaintiffs: Elizabeth J. Saylor, Esquire (Name and Address) 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 (b) for defendants: Kelly J. Kon (Name and Address) P.O. Box 712, New Bloomfield, PA 17058 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 7, 2010 Z71Z`, A I S4? )n Print your name fv- U Attorney for Date: 7 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. •, LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C., CIVIL ACTION Plaintiff NO. 08-4275 V. KELLY J. KON, Defendant. TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Praecipe for Listing Case for Argument upon the following persons, in the manner indicated: FIRST CLASS MAIL Kelly Kon PO Box 712 New Bloomfield, PA 17058 LAW OFFICE OF PETER J. RUSSO, P.C. BY: Date: Amber L. Southard, Paralegal r LAW OFFICES OF P.C., PLAINTIFF V. KELLY J. KON, DEFENE ETER J. RUSSO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-4275 CIVIL TERM BEFORE HESS, P.J. AND MASLAND, J. ORDER OF COURT AND NOW, t is ? day of July, 2010, the plaintiff's motion for judgment on the DISMISSED. gs, IS GRANTED. The defendant's counterclaim IS By the Court, v Elizabeth J. Saylor, Esquire For Plaintiff v Kelly J. Kon, Pro SO' PO Box 712 New Bloomfield, PP 17058 :sal Ypres ?..??Gd `7JI??r? ot Albert H. Masland, J. C") 4, v,» LAW OFFICES OF ETER J. RUSSO, P.C., PLAINTIFF V. KELLY J. KON, DEFENDANT : PLAINTIFF' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-4275 CIVIL TERM BEFORE HESS, P.J. AND MASLAND, J. OPINION AND ORDER OF COURT Masland, J., July 10, 2010:-- Now before plaintiff, Law Office defendant, Kelly J. grant plaintiffs mo' Plaintiff reps accepted a settlerr unpaid legal fees. Roughly a r counterclaim soun notice of intention e court is the motion for judgment on the pleadings filed by of Peter J. Russo P.C., to the counterclaim raised by on, representing herself. Following argument en bane,' we n and dismiss Kon's counterclaim. Kon in a domestic relations action in 2006. After she , the matter was resolved. Plaintiff now sues Kon for after plaintiff filed its complaint, Kon filed an answer and g in professional negligence. In response, plaintiff filed a ? enter judgment non pros for Kon's failure to file a Certificate 1 Kon attended oral a gument but was not permitted to participate due to her failure to file a brief prior to argument. See C.C.R.P. Nos. 1034(a); 1028(c)(5) ("Argument may be denied to any party who fails to co ply with the [briefing] requirements of this paragraph."). • 1 I 08-4275 CIVIL TERM of Merit pursuant to a. R.C.P. No. 1042.3.2 Ultimately, Kon filed a Certificate of Merit alleging "[e]xp t testimony of an appropriate licensed professional is unnecessary for the prosecution of my claim." Based on this record, we now dismiss Kon's counterclaim. A fair reading of Kon's counterclaim reveals two sets of claims against plaintiff: those sounding in professional negligence, and those objecting to the amount of her settlement. The latter may be di missed pursuant to our Supreme Court's opinion in Muhammad v. Stras urger et al., 526 Pa. 541, 587 A.2d 1346 (1991). In Muhammad, our Supreme Court barred legal malpractice actions filed by disgruntled clients who sue their former counsel on the sole basis of subsequent dissatisfaction with the amount of a settlement. !d. at 547, 587 A.2d at 1348. Later, our Supreme Court limited the Muhammad claim preclusion, in relevant part, to claims that consist of nothing more than "speculation as to whether a jury would return a verdict greater than the amount recovered by a settlement." McMahon v. Shea, $47 Pa. 124, 130, 688 A.2d 1179, 1182 (1997). 2 Rule 1042.3 reads, in relevant part, a) In any action based upon an allegation that a licensed profess onal deviated from an acceptable Professional standard, the att rney for the plaintiff, or the plaintiff if not represented, shall file with the corn taint or within sixty days after the filin of the complaint, a certificate of merit signed by the attorney or party that either (1) an appropriate licensed professional has supplied a written statement that there exists a reasonable probability that outside acceptable rofessional standards and that such conduct was a cause in bringing about the harm, or (3) expert testimony of an appropriate licensed Pa. R.C.P. No. 11042.3 (emphasis added). -2- 08-4275 CIVIL TE Here, paragraphs 22, 23, 24, 25, and 27 of Kon's counterclaim are nothing more than retroactive disputations of the value of the settlement she accepted upon plaintiffs advico. See Def.'s Counterclaim at M22 (disputing valuation of vehicles); $23 (alleging agreement to vacate residence led to financial detriment); MM24-25 (asserting agreement not to pursue child support led to financial detriment); 127 (alle ing excessive fees). As such, they are barred by Muhammad, and di missed. The remaininb allegations in Kon's counterclaim all relate to the inadequacy of plaint ffs legal services and advice which resulted in her accepting an allegedly financially detrimental settlement. Muhammad does not preclude these claims because, alone, "the fact that the legal document at issue had the effect of settling a case should not exempt [one's] attorneys from liability." McMahon, 547 Pa. at 130, 688 A.2d 1182. "[T]he necessity for an attorney's use of ordinary skill and knowledge extends to the conduct of settlement negotiations." Id., 6P8 A.2d at 1182. Even though these claims are not precluded by Muhai failure to file an app Our General "a component of a insurance and encc claims." Wilson v. I Requiring a Certific, negligence and, poi , we must nonetheless dismiss them due to Kon's riate Certificate of Merit. mbly introduced the Certificate of Merit requirement as me designed to contain costs of professional liability rage prompt determination and adjudication of malpractice 600 Pa. 161, 184, 964 A.2d 354, 367-68 (2009). of Merit helps to "eliminate frivolous claims of professional sibly, to help hasten the prosecution of the same." Almes v. -3- i 08-4275 CIVIL TERM Burket, 881 A.2d 861, 866 (Pa. Super. 2005). For these reasons, a litigant cannot pursue a professional negligence action without first obtaining "a written statement that there exists a reasonable probability that the care, skill or knowledge exercise ... fell outside acceptable professional standards and that such conduct was a pause in bringing about the harm ...." Pa. R.C.P. No. 1042.3(a)(1). Kon contend expert testimony is unnecessary for the prosecution of her claim; she is wrong. A layperson would not be able to determine whether plaintiffs legal advic was negligent without expert testimony regarding an ard of care. Notably, Kon does not allege fraud or gross d attorney's proper st Th incompetence such at expert testimony is unnecessary for a jury to determine negligence. Kon needed ?o file a Certificate of Merit attesting to the fact that a licensed professional had supplied her with a written statement that there exists a reasonable probability that she was the victim of legal malpractice. Pa. R.C.P. No. 1042.3(a)(1). She did not do so, and the Certificate she filed is binding. McCool v. Dept of Oorrections, 984 A.2d 565, 571 (Pa. Cmwlth. 2009). Because Kon cannot pursue her claim for professional malpractice without expert testimony, her complaint fails to state a claim. Id. at 571-72. Accordingly, we grant plaintiffs motion for judgment on the pleadings. -4- 08-4275 CIVIL TER ORDER OF COURT AND NOW, th s /W/ day of July, 2010, the plaintiff's motion for judgment on the p DISMISSED. ings, IS GRANTED. The defendant's counterclaim IS By the Court, Albert H4MMaaaan?dd,J. Elizabeth J. Saylor, For Plaintiff Kelly J. Kon, Pro se PO Box 712 New Bloomfield, PA sal :squire 17058 -5- 1r ,U^ I r. .,?1,? LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 _ m 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION 08,4275 Plaintiff, 08-4275 V. KELLY J. KON, Defendant. TRIAL BY JURY DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Elizabeth J. Saylor, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $5,059.70 plus interest, costs of suit, attorneys' fees and any other appropriate damages. The counterclaim of the defendant was dismissed by Order of Court of the Honorable Judge Albert H. Masland dated July 16, 2010. cry.o1PA&Iy- ci A' 3716 A-0- a_V613 y The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Elizabeth J. Saylor, Esquire, Peter J. Russo, Esquire, Linda C. Clotfelter, Esquire and Bradley L. Griffie, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. I Ile Caw ce a J. Russo, P.C. ?Peter J. usso, squire Attorne I.D. 0.72897 Elizabeth. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 T OF COMMON PLEAS OF CUMBERLAND COUNTY, IN THE COUR PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, V. KELLY J• KOpefendan#. CIVIL ACTION 08-4275 08-4275 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE serving a copy of the I, Amber L. Southard, hereby certify that I am on this day f Arbitrators upon the person(s) and in the manner indicated petition for Appointment o below: Regular US Mail and addressed as follows: Kelly J. Kon PO Box 712 New Bloomfield, PA 17058 Pro Se Defendant Date: t2-8 10 Amber L. Southard, Paralegal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff, V. KELLY J. KON9 Defendant. CIVIL ACTION 08-4275 08-4275 TRIAL BY JURY DEMANDED ORDER OF COURT 6f day of 2010, in AND NOW, this -_Z5 1/ /1 consideration of the foregoing petition, ??m?/y 4 • ?J ?> Esq., and J???.rrT 7Esq., and ' Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court q A4v Kevin . Hess, P.J. Distribution List: lizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Counsel for Plaintiff elly J. Kon PO Box 712 New Bloomfield, PA 17058 Pro Se Defendant ICeS rrL?a ILL g 1 c>?!v C . ._!. w I.,D,w Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No - 4 ?-15 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Con 'tution of this Commonwealth and that we will discharge the duties of our office with fi lity. nat Signature Signals e 4 M-Z- ?fK r r1 1?? I? Q r ,-A7. A. ! w,- rL /« S ?" N ?/?!N Name (Chairman) Name Name Law Firm Address "1' ??ri I-I11:??rr 4 - xh,, L [. LV Law Firm Address & ftr ?'1 /?j??Gr ! C Law Firm Address 1 fi A -ja , Ch?lis/r A !7D/S'` CV.? kt11 PQ not( City, zip city, Zip City, Zip x335 /a, 3oa Awar if We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) vz. O O • v C o `C, c 6-4 ?A o n a_ . trator..dissentsr(Insert name if applicable.) Date of Hearing:) 17- Za 1 ` ! 1 (Chairman) Date of Award: i op /' T rf Notice of Entry of Award Now, the 12.j:1--day of ?, 20 1 at-10 ? .t-M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: ?- /? • By: < Prothonotary Deputy U THE I RO I'II?I=.?? 'I? IN i JAN 12 AM 10: 4 :?UMBERLAHJ PENNSYLVANIA • IwL Tl ." 12 , l4k/ e ay /do,- K . PLC y L LAW OFFICES OF : IN THE COURT OF COMMON PLEAS OF PETER J. RUSSO, P.C. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 08-4275 KELLY J. KON Defendant CIVIL PRAECIPE TO ENTER JUDGMENT ON ARBITRATION AWARD TO THE PROTHONOTARY: Please enter a Judgment against Defendant, Kelly J. Kon, and in favor of Plaintiff, Law Offices of Peter J. Russo, P.C., in the amount of $10,502.86 plus costs as per the Arbitration award dated January 12, 2011. Respectfully submitted, Date: Elizab th J?Sayl5r, Esquire Law O ices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 L ? (? . :.TMt , -0z .... M .r'.. M -...f Z RP -Z r- ?rTy © CZ) C:) -n -71 C'? ' - - C= ©v ?? f - o 4,4 3 99 Alff a 1", 0 390 J ,n0 InAl& " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Law Offices of Peter J. Russo, P.C. Plaintiff vs. Kelly J. Kon Defendant Address: 30 W. Main Street, New Bloomfield, PA 17068 TO THE PROTHONOTARY OF THE SAID COURT: Confessed Judgment Q? Other c era .rat T "'U File No. 08-4275 n co 2 -?° 10,50 .86 Amount Due ., Interest :X r.. Atty's Comm _ .I Costs as calculated by proth. 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 County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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) Members I st Fedeal Credit Union, 1711 Spring Rd, Carlisle, PA 17013 MRT Bank, I West High Street Carlisle. PA 17013 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). -.= _; 70 r.. c? - .r ens a ainst real t e of the (Indicate) Index this writ against the garnishee (s) as a lis pend efendat(s'i described in the attached exhibit. Date ya a 1 „2 C (( Signature: Eliza eth for Pnnt Name: Address: 5006 E. Trindle Rd, Suite 100 OA 4% CL c ` O -t-A ` Mechanicsburg, PA 17050 94. 00 1 y. 0o Yv saN`` a. a p4 0? s?a•c?? ago s avs Attorney for: Law Offices of Peter J. Russo, P.C. Telephone: 7175911755 ext 104 Supreme Court ID No: Wyk,} 200139 Ey- ve- .4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4275 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff (s) From KELLY J. KON, 30 W. Main Street, New Bloomfield, PA 17068 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1" FEDERAL CREDIT UNION, 1711 SPRING ROAD, CARLISLE, PA 17013 M&T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,502.86 Interest Atty's Comm % Atty Paid US cc Plaintiff Paid Date: 9/28/11 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs lai u- .? David D. Buell, Prothonotary -44W?uz?z x Deputy REQUESTING PARTY: Name PETER J. RUSSO, ESQUQIRE Address: LAW OFFICES OF PETER J RUSSO, P.C. 5006 E. TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 Attorney for: PLAINTIFF Telephone: 717-591-1755 Supreme Court ID No. 72897 y From: Lisa Hicks Fax: +1 (717) 591-1756 To: Cumberland County Sh, Fax: +1 (717) 240-6397 Page 2 of 7 10/5/2011 12:48 4'U 11 OCT 13 AN 11: 2G RECEIVED LAW OFFICES OF PETER J. RUSSO, P.C. peter J. Russo, Esquire ' U'° f?LAN0 C0UNTY OCT 112011 PA Supreme Court ID: 72897 PENNSYLVANIA Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Email: prusso@pjrlaw.com Email: lsaylor@pjrlaw.com 717-591-1755 FAX: 717-591-1756 LAW OFFICES OF PETER J. RUSSO, P.C., :. CUMBERLANTDOCOCUNT?Y, PENNSYLVANIA Plaintiff : Docket No. 2008-4275 V. KELLY KON, ; Defendant CIVII. TERM INTERROGATORIES IN ATTACH ENT You must file with the Court answers to the following dinteffogatOries efault being entered against days after service upon you. Failure to do so may result in a d judgment copy of said answers must be served on the,undersigned. Ifea i fY &e -ount?and/or value TO: Members I" Federal Credit Union (Garnishee) and/or nature of the subiect ioronertv. was there in your possession, At the time you were served or at any subsequent time, by of yourself or one the defendant(s) or more custody or control or in the joint possession, custody or solely or in part control other persons any property of any nature owned no 2. At any time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? no From: Lisa Hicks Fax: +1 (717) 591-1756 To: Cumberland County Sh, Fax: +1 (717) 240-6397 3. At any time you were served or at any subsequent time, did property in which the defendant(s) had an interest? Page 3 of 7 1015!2011 12:48 you hold as a fiduciary any n t? 4. At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? ,n O 5. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? no 6. At the time you were served or at any subsequent time, did you have or share any safe- deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by defendant(s)? no From: Lisa Hicks Fax: +1 (717) 591-1756 To: Cumberland County Sh, Fax: +1 (717) 240-6397 Page 4 of 7 10/5/2011 12:48 7. Identify every account (not previously noted), titled in the name of defendant(s) or in which you believe defendant(s) have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise. k a- ffi" 8. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? LAW OFFICES OF-PETER J. RUSSO, P.C 'Attorneys f&.Mintiff Peter J. Russo, Esquire I.D. Number 72897 .Elizabeth J. Saylor, Esquire I.D. Number 200139 5006 East Trindle Road Mechanicsburg, PA 17050 Phone: (717)-591-1755 Facsimile: (717)-591-1756 MEMBERS 1" FEDERAL CREDIT UNION October 11, 2011 Kelly J Kon PO Box 712 New Bloomfield, PA 17068 Review Dates (60 Days): August 13, 2011- October 11, 2011 Total Writ of Execution: $10,570.36 Cumberland County Docket Number: 2008-4275 Account Number: XXX428-0000 Name on Account: Kelly J Kon Savings: $1,245.05 -5.00 (Membership Fee) $1,240.05 -50.00 (Processing Fee) $1,190.05 Account Number: XXX428-0001 Name on Account: Kelly J Kon Supplemental Savings: Account Number: XXX428-0011 Name on Account: Checking: Account Number: XXX645-0000 Name on Account: Savings: Account Number: XXX645-0011 Name on Account: Checking: $0.05 Kelly J Kon $0.05 Peter M Kon Kelly J Kon (Joint) $7.00 -5.00 (Membership Fee) $2.00 Peter M Kon Kelly J Kon (Joint) $25.00 $300.00 Statutory Exemption was not taken out. c Tania S. Young Deposit Operations 41yst Rev: 06/11 5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating Tania S. Young to unsworn falsifications to authorities, that he/she is (Name) DeDOSit Operations Analyst of Members 1 st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to interrogatories are true and correct to the best of his/her knowledge, information and belief. v (SIGNATU E) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy f P111 OCT 11-T MH [5'; Richard W Stewart Solicitor Law Offices of Peter Russo, P.C. vs. Kelly J Kon OFF .'F ' '. ?. ;RIFF I ' Mff 3r?E'R nr? 3 3 (a ,J Al Case Number 2008-4275 SHERIFF'S RETURN OF SERVICE 10/11/2011 09:43 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1 st FCA at 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to KRISTAL LUCKEY, MS REP, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 12, 2011 to Kelly J. Kon at 30 West Main Street, Newville, PA 17241. 10/11/2011 09:34 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M&T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to YVETTE SHUGHART, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 12, 2011 to Kelly J. Kon at 30 West Main Street, Newville, PA 17241. SHERIFF COST: $351.44 October 12, 2011 SO ANSWERS, 4? RON R DERSON, SHERIFF 77 - illiam Cline, Deputy Ic) voii . SntR St'e +f. TE Leo=.rL. Ir From: Lisa Hicks Fax: +}1 (717) 591-1756 To: Cumberland County Sh- Fax: +1 (717) 240-6397 Page 5 of 7 10/512011 12:49 LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire PA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 -: `-? 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Email: prusso@pjrlaw.com =3= ' w Email: lsaylor@pjrlaw.com ' c = = ' 717-591-1755 FAX: 717-591-1756 LAW OFFICES OF PETER J. RUSSO, P.C., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV ANIA V. KELLY KON, : Docket No. 2008-4275 Defendant : CIVIL TERM INTERROGATORIES IN ATTACHMENT TO, M&T Bank (Garnishee) You must file with the Court answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the foreQoina interrogatories is affirmative, identify the . subiect vroverty and soecifv the amount and/or value and/or nature of the subiect yroR At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owned solely or in part by the defendant(s)? M 1 BANIK HAS NO OPEN A(J(0001'4 FOR ABOVE ^NAMET, 2, At any time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? !.)\I\ From: Lisa Hicks Fax: +1 (717) 591-1756 To: Cumberland County Sh, Fax: +1 (717) 240-6397 Page 6 of 7 10/5/2011 12:48 3. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? P\\ 4. At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? U\A 5. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? 6. At the time you were served or at any subsequent time, did you have or share any safe- deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by defendant(s)? JO?k . From: Lisa Hicks Fax: +1 (717) 591-1756 To: Cumberland County Sh- Fax: +1 (717) 240-6397 Page 7 of 7 10!5!2011 12:48 7. Identify every account (not previously noted), titled in the name of defendant(s) or in which you believe defendant(s) have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise. QQ'N 8. At the time you were served or at any subsequent time, did you owe the defendant(s) any money orwere liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? ;?') ?A' LAW 1 "-1ATHY S FISHER MU BANK 0C r' g -Z „ ; Peter R isso, Esquire I.D. Number 72897 Elizabeth J. Saylor, Esquire I.D. Number 200139 5006 East Trindle Road Mechanicsburg, PA 17050 Phone: (717)-591-1755 Facsimile: (717)-591-1756 SSO, P.C.