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Home My WebLink About08-7314OM & &N ULAKIS Wayne Melnick, Esquire Attorney I. D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, IN THE COURT OF COMMON PLEAS Vs. Plaintiff OF CUMBERLAND COUNTY KENNETH VONEIDA, CIVIL ACTION - LAW Defendant NO. 3 q OF 2008 CIVIL TO DEFENDANT KENNETH VONEIDA: NOTICE TO DEFEND AND CLAIM RIGHTS 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 an 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 FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 -ABOM & LITLILAKIS Wayne Melnick, Esquire Attorney LD. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, Plaintiff VS. KENNETH VONEIDA, Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 3 '( OF 2008 CIVIL COMPLAINT AND NOW, comes the Plaintiff, Abom & Kutulakis, LLP, and makes the following Complaint against the Defendant, Kenneth Voneida, as follows: 1. The Plaintiff is Abom & Kutulakis, LLP, a Pennsylvania limited liability partnership engaged in the practice of law with an address of 36 South Hanover Street, Carlisle, PA 17013. 2. The Defendant is Kenneth Voneida, an individual with an address of 6111 Bluestone Avenue, Harrisburg, Pennsylvania 17112. 3. The parties negotiated a contract for legal representation. 4. Pursuant to the Agreement reached through negotiations, Plaintiff prepared a Fee Agreement and forwarded a copy of that Fee Agreement to Defendant. (See attachment A.) 5. Defendant never returned the written Fee Agreement to Plaintiff. 6. Nonetheless, despite Defendant's failure to return the written Fee Agreement, Defendant did orally agree to the terms set out in that written Fee Agreement. 7. At various times throughout the representation, Defendant appeared at Plaintiff's, Carlisle, Pennsylvania office in connection with the provision of legal services for Steven Voneida. 8. On or about September 14, 2007, the Defendant paid to Plaintiff a retainer of $15,000 as specified in the written Fee Agreement. 9. Plaintiff did provide the contracted for legal services to Defendant on behalf of his son, Steven Voneida. 10. To date, the Defendants have incurred unpaid services with the Plaintiff in the amount of $12,240.11. A copy of Defendant's latest invoice is attached hereto and marked as Exhibit B. 11. Plaintiff has made numerous demands for the outstanding payment. 12. All payments made by Defendant to date have been applied against his outstanding balance. 13. In addition to the amount owed for legal services, the Defendant owes interest on the unpaid invoices, as well as reasonable legal fees. 14. Defendant's unpaid interest totals $1,516.77 as of December 11, 2008. WHEREFORE, the Plaintiff demands Judgment against the Defendant in the amount of $13,756.88 plus reasonable legal fees, costs, and interest as permitted by law. Respectfully submitted, Date: x Oslo ABOM & KUTULAKMS, L.L.P. By: Wa e Melnick, Esquire Attorney I.D. No. 53150 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. Date John A. A m, Esquire FEE AGREEMENT 1. KNOW ALL MEN BY THESE PRESENT, that the undersigned, Kenneth Voneida, hereinafter referred to as "Client," does hereby irrevocably name, appoint and retain, Ari D. Weitzman, Esquire, of Abom & Kutulakis, L.L.P., 36 South Hanover Street, Carlisle, PA as my true and lawful attorney, hereafter referred to as "Counsel," for legal representation for the following purpose: Representation of Steven Voneida before the Dauphin County Court of Common Pleas on the Charges of Former Person Not to Possess a Firearm and Representation in the Middle District of Pennsylvania on the Charge of Terrorist Threats 2. With full power and authority to appear on behalf of the Client in any court of record or in any other proceeding whatsoever, as per the limits of this Agreement. 3. And in consideration of services performed and to be performed by Counsel, it is agreed that Counsel shall charge $200.00 per hour and receive a refundable retainer of $15,000.00, which has been paid. The retainer fee includes the legal fees stated above, as well as the anticipated filing and administrative fees. 4. In addition, it is understood that the Client shall be solely responsible, in addition to the fee, for all costs, expenses and disbursements that are necessary to the defense of the case. Out of pocket expenses for travel, toll calls, expert witnesses, and similar items for certain administrative services, such as photocopying, telecopy transmission and receipt, computer assisted research, special delivery and secretarial overtime specifically related to your case, will be billed in addition to the fee set forth above. 5. Client agrees to pay all bills within fourteen days of presentation. Client agrees to pay 1.5% interest per month on all outstanding balances in excess of 30 days from the date of invoice. If a bill is not timely paid, Counsel has the right to cease rendering legal services or, in the case of a litigation matter, Counsel may petition any court to withdraw as counsel. 6. You may terminate our representation in this matter at any time. We have the same right, subject to our obligation to give you reasonable notice to arrange alternative representation. You also have a right to retrieve your file at any time. Abom & Kutulakis, L.L.P. will maintain your file for a statutory period of 5 years. This is notice that your file will be purged after the statutory period runs. Date: Kenneth Voneida ABOM & KUTULAKis, L. L. P. Date: Ari D. Weitzman, Esquire Abom & Kutulakis 36 South Hanover Street Ph: (717) 249-0900 Carlisle, PA 17013 Fax: (717) 249-3344 Federal I.D. 25-1877844 Steven V oneida 6111 Bluestone Avenue Harrisburg, PA 17112 Dec 11, 2008 FILE #: 07-272 INVOICE #: 26717 Attention: RE: Representation of Steven Voneida Total Fees, Disbursements $0.00 Retainer Applied $0.00 $0.00 Retainer Remaining Previous Balance $12,240.11 Previous Payments $0.00 Interest Paid Since Previous Invoice $0.00 Interest Due $1,516.77 Balance Due Now TRUST STATEMENT Disbursements Sep-14-07 Received From: Kenneth Voneida for Steven Vone Retainer Sep-30-07 Paid To: Abom & Kutulakis 3,668.02 Payment for invoice: 21262 $13,756.88 Receipts 15,000.00 Oct-31-07 Paid To: Abom & Kutulakis 4,325.15 Payment for invoice: 21544 Nov-30-07 Paid To: Abom & Kutulakis 2,381.07 Payment for invoice: 21991 Dec-31-07 Paid To: Abom & Kutulakis 2,760.00 Payment for invoice: 22285 Jan-31-08 Paid To: Abom & Kutulakis 1,865.76 Payment for invoice: 22763 Total Trust $15,000.00 Trust Balance $15,000.00 $0.00 C nf? rrl 73 d r C F V 41 n ?r 0 SHERIFF'S RETURN - OUT OF COUNTY s? tASE NO: 2008-07314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABOM & KUTULAKIS LLP VS VONEIDA KENNETH R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: VONEIDA KENNETH but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE On December 30th , 2008 , this office was in receipt of attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 49.25 Postage 1.49 87.74 12/30/2008 ABOM & KUTULAKIS Sworn and subscribe to before me this day of County, Pennsylvania, to in his bailiwick. He therefore so answer - ?-' R. Thomas Kli e Sheriff of Cumberland County A. D. I-a The Court of Common'Pleas of Cumberland County, Pennsylvania Abom & Kutulakis LLP vs. Kenneth Voneida No. 08-7314 civil December 18, 2008 Now, - , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, _ within 20 at o'clock M. served the upon at by handing to a copy of the original and made known to So answers, Sheriff of COSTS Sworn and subscribed before SERVICE me this day of , 20 MILEAGE _ AFFIDAVIT the contents thereof. County, PA ..y militt- 'af thle ?$Itvwrftf Mary Jane Snder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy ABOM & KUTULAKIS LLP VS KENNETH VONEIDA Sheriffs Return No. 2008-T-2611 OTHER COUNTY NO. 7314 OF 2008 And now: DECEMBER 23, 2008 at 8:45:00 AM served the within COMPLAINT upon KENNETH VONEIDA by personally handing to KENNETH VONEIDA 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 6111 BLUESTONE AV HARRISBURG PA 17112 Sworn and subscribed to before me this 24TH day of December, 2008 A!?w NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sept 1 2010 So Annsswers,, Sheriff of By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 12/22/2008 t Ln '. r a --cis ^?y LAGUNA REYES MALONEY, LLP I I 19 NORTH FRONT STREET, HARRISBURG, PA 1 7 1 02 TEL.: (71 7) 233-5292 / FAX: (71 7) 233-5394 LR M @STAN FOR DALU M N I.O RG ATTORNEYS FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABOM & KUTULAKIS, LLP, § Plaintiff § V. § KENNETH VONEIDA, § Defendant § NO.: 7314 OF 2008 CIVIL CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Kenneth Voneida, by and through his attorneys, Laguna Reyes Maloney, LLP, and preliminarily objects to Plaintiff's Complaint as follows: PRELIMINARY OBJECTION RAISING INSUFFICIENT SPECIFICITY OF PLAINTIFF'S COMPLAINT 1. Paragraph three (3) of Plaintiff's Complaint states that the parties "negotiated a contract for legal representation". However, it does not state the time, date or terms of the alleged contract for representation. 2. Paragraph three (4) of Plaintiff's Complaint states that "Pursuant to the Agreement 1 reached through negotiations, Plaintiff prepared a Fee Agreement and forwarded a copy of that Fee Agreement to Defendant. (See attachment A)." An examination of the alleged Fee Agreement submitted by Plaintiff shows that it was never signed by Defendant, nor is there any indication on the face of the Fee Agreement that Defendant was a party to it. 3. Paragraph five (5) of Plaintiff s Complaint states that "Defendant never returned the Fee Agreement to Plaintiff." Additionally, there is no averment that Defendant ever received the Fee Agreement in the first place. The Fee Agreement, which forms the very basis for this Complaint, is obviously not an agreement at all. 4. Paragraph six (6) of Plaintiffs Complaint states that "Nonetheless, despite Defendant's failure to return the written Fee Agreement, Defendant did orally agree to the terms set out in that written Fee Agreement." However, the aforementioned paragraphs fail to state in any respect the time of the alleged negotiations and/or terms of the "oral" agreement. Instead, the Complaint relies on the copy of an unsigned Fee Agreement to define the terms of alleged representation. 5. Paragraph six (6) of Plaintiffs Complaint states that "Nonetheless, despite Defendant's failure to return the written Fee Agreement, Defendant did orally agree to the terms set out in that written Fee Agreement." However, the aforementioned paragraphs fail to state in any respect the time of the alleged negotiations and/or the 2 terms of the subsequent alleged "oral" agreement. 6. Plaintiff's Complaint lacks sufficient specificity to apprise Defendant of the issues to be litigated, to allow him to adequately prepare and assert defenses to plaintiff's allegations, and or to identify and j oin any potentially responsible parties as additional defendants. WHEREFORE, defendant respectfully requests that t is Court order plaintiff to more specifically plead the avermentsoff the LAGUNA YE MALONEY, LLP 1119 North F-to t treet Harrisburg, PA 17102 (717) 233-5292 By: Roger R. Laguna Jr., Esquire Supreme Court I.D. No. 75900 Attorney for Defendant 3 .? LAGUNA REYES MALONEY, LLP 1 1 19 NORTH FRONT STREET, HARRISBURG, PA 1 7 1 02 TEL.: (717) 233-5292 / FAX: (71 7) 233-5394 L.R M @STAN FORDALU M N I.0 RG ATTORNEYS FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABOM & KUTULAKIS, LLP, § Plaintiff § V. § KENNETH VONEIDA, § Defendant § NO.: 7314 OF 2008 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby verify that I have caused a true and correct copy of the foregoing Preliminary Objections upon Plaintiff's counsel via first-class U.S. mail, addressed as follows: llzl'11?110R to 4 Wayne Melnick, Esquire .1/[l TT_._O ? ? ca _ vc°a ?? ui?' ? :? a?'. s=-+- r ?: _;, -??; j ;: ' 'r ?" ?? t ` x? cr F --c oM & &HUL KIS Wayne Melnick, Esquire Attorney I. D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, VS. KENNETH VONEIDA, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY CIVIL ACTION - LAW Defendant NO. 7314 OF 2008 CIVIL TO DEFENDANT KENNETH VONEIDA: NOTICE TO DEFEND AND CLAIM RIGHTS 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 an 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 FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 OM CSC' UTUI-AKIS Wayne Melnick Esquire Attorney I.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, VS. Plaintiff KENNETH VONEIDA, Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 7314 OF 2005 CIVIL AMENDED COMPLAINT AND NOW, comes the Plaintiff, Abom & Kutulakis, LLP, and makes the following Complaint against the Defendant, Kenneth Voneida, as follows: 1. The Plaintiff is Abom & Kutulakis, LLP, a Pennsylvania limited liability partnership engaged in the practice of law with an address of 36 South Hanover Street, Carlisle, PA 17013. 2. The Defendant is Kenneth Voneida, an individual with an address of 6111 Bluestone Avenue, Harrisburg, Pennsylvania 17112. 3. Plaintiff filed its Complaint on December 16, 2008. 4. On January 16, 2009, Defendant filed Preliminary Objections to the Complaint. 5. Plaintiff now files this Amended Complaint. 6. Defendant approached Plaintiff at its Carlisle, Pennsylvania offices to seek legal representation for his son, Steven Voneida. 7. The parties negotiated a contract for legal representation. 8. Plaintiff prepared a Fee Agreement and forwarded a copy of that Fee Agreement that reflected the terms negotiated by the parties and forwarded a copy of that Fee Agreement to Defendant. (See Attachment A.) 9. Plaintiff mailed the Fee Agreement to Defendant's address via U.S.P.S. first class mail. 10. Defendant never returned the written Fee Agreement to Plaintiff. 11. Nonetheless, despite Defendant's failure to return the written Fee Agreement, Defendant did orally agree to the contracted terms set out in that written Fee Agreement. 12. On or about September 14, 2007, the Defendant ratified his agreement by paying to Plaintiff a retainer of $15,000 as specified in the written Fee Agreement. 13. Plaintiff did provide the contracted for legal services to Defendant on behalf of his son, Steven Voneida. 14. To date, the Defendants have incurred unpaid services with the Plaintiff in the amount of $12,240.11. A copy of Defendant's latest invoice is attached hereto and marked as Exhibit B. 15. Plaintiff has made numerous demands for the outstanding payment. 16. All payments made by Defendant to date have been applied against his outstanding balance. 17. In addition to the amount owed for legal services, the Defendant owes interest on the unpaid invoices, as well as reasonable legal fees. 18. Defendant's unpaid interest totals $1,516.77 as of December 11, 2008. WHEREFORE, the Plaintiff demands Judgment against the Defendant in the amount of $13,756.88 plus reasonable legal fees, costs, and interest as permitted by law. Respectfully submitted, Date: !" &PA 16 ,,201 ABOM & KUTULAKIS, L.L.P. By: Wayne Melnick, Esquire Attorney I.D. No. 53150 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 FEE AGREEMENT 1. KNOW ALL MEN BY THESE PRESENT, that the undersigned, Kenneth Voneida, hereinafter referred to as "Client," does hereby irrevocably name, appoint and retain, Ari D. Weitzman, Esquire, of Abom & Kutulakis, L.L.P., 36 South Hanover Street, Carlisle, PA as my true and lawful attorney, hereafter referred to as "Counsel," for legal representation for the following purpose: Representation of Steven Voneida before the Dauphin County Court of Common Pleas on the Charges of Former Person Not to Possess a Firearm and Representation in the Middle District of Pennsylvania on the Charge of Terrorist Threats 2. With full power and authority to appear on behalf of the Client in any court of record or in any other proceeding whatsoever, as per the limits of this Agreement. 3. And in consideration of services performed and to be performed by Counsel, it is agreed that Counsel shall charge $200.00 per hour and receive a refundable retainer of $15,000.00, which has been paid. The retainer fee includes the legal fees stated above, as well as the anticipated filing and administrative fees. 4. In addition, it is understood that the Client shall be solely responsible, in addition to the fee, for all costs, expenses and disbursements that are necessary to the defense of the case. Out of pocket expenses for travel, toll calls, expert witnesses, and similar items for certain administrative services, such as photocopying, telecopy transmission and receipt, computer assisted research, special delivery and secretarial overtime specifically related to your case, will be billed in addition to the fee set forth above. 5. Client agrees to pay all bills within fourteen days of presentation. Client agrees to pay 1.5% interest per month on all outstanding balances in excess of 30 days from the date of invoice. If a bill is not timely paid, Counsel has the right to cease rendering legal services or, in the case of a litigation matter, Counsel may petition any court to withdraw as counsel. 6. You may terminate our representation in this matter at any time. We have the same right, subject to our obligation to give you reasonable notice to arrange alternative representation. You also have a right to retrieve your file at any time. Abom & Kutulakis, L.L.P. will maintain your file for a statutory period of 5 years. This is notice that your file will be purged after the statutory period runs. Date: Kenneth Voneida ABom & KUTULAKis, L. L. P. Date: Ari D. Weitzman, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Ph: (717) 249-0900 Fax: (717) 249-3344 Federal I.D. 25-1877844 Steven Voneida Dec 11, 2008 6111 Bluestone Avenue Harrisburg, PA 17112 FILE #: 07-272 INVOICE 26717 Attention: RE: Representation of Steven Voneida Total Fees, Disbursements $0.00 Retainer Applied $0.00 Retainer Remaining $0.00 Previous Balance $12,240.11 Previous Payments $0.00 Interest Paid Since Previous Invoice $0.00 Interest Due $1,516.77 Balance Due Now TRUST STATEMENT Sep-14-07 Received From: Kenneth Voneida for Steven Vone Retainer Sep-30-07 Paid To: Abom & Kutulakis Payment for invoice: 21262 $13,756.88 Disbursements Receipts 15,000.00 3,668.02 E)04 Octt31-07 Paid To: Abom *utulakis 0,325.15 Payment for invoice: 21544 Nov-30-07 Paid To: Abom & Kutulakis 2,381.07 Payment for invoice: 21991 Dec-31-07 Paid To: Abom & Kutulakis 2,760.00 Payment for invoice: 22285 Jan-31-08 Paid To: Abom & Kutulakis 1,865.76 Payment for invoice: 22763 Total Trust $15,000.00 $15,000.00 Trust Balance $0.00 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. 3 ?8 0 ? Date John A. Abom, quire CERTIFICATE OF SERVICE AND NOW, this 18th day of March, 2009, I, Emily J. Filiberti, of Abom & Kutulakis, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing AMENDED COMPLAINT via first class mail addressed as follows: Roger Laguna, Esquire Laguna, Reyes, Maloney, LLP 1119 North Front Street Harrisburg, PA 17102 Emily J. F ibe i ?` c a ?> w ? r rr ? C ' ? t r cri 010(l ? " , /- LAGUNA REYES MAuONEY, LLP I I 19 NORTH FRONT STREET, HA RISBURG, PA 1 7102 TEL.: (71 7) 233-5292 / FAX: ( 1 7) 233-5394 LRM@STANFORDALU MNI.ORG ATTORNEYS FOR DEFE DANT COMMONWEAL ABOM & Plaintiff V. KENNETH VONEIDA, Defendant I OF PENNSYLVANIA, COURT OF COMMON PLEAS ERLAND COUNTY, PENNSYLVANIA LLP, § § NO.: 7314 OF 2008 CIVIL § CIVIL ACTION - LAW AND NOW, come the Defendant, Kenneth Voneida, by and through his attorneys, Laguna Reyes Maloney, L LP, and responds to Plaintiff's Amended Complaint as follows: I. Admitted. 2. Admitted that Kenneth Voneida is the Defendant identified. 3. Admitted. 4. Admitted. 5. No response is necessary. 6. Denied as stated. B way of further response, the Defendant, Kenneth Voneida, is the father of Steven Vo eida. The Father advised the Plaintiff that his son was referred to their firm and that he may want to retain them for representation in a criminal matter. It is denied that the Father, Kenneth Voneida, "negotiated" the Fee 1 e Agreement betwee# his son and the Plaintiff. On the contrary, the said Fee Agreement was expressly written and made by and between only two parties: the attomey/Plaintiff a4d the son, Steven Voneida. The Father refused to sign the Attorney Client Agreement before the retainer was used and the Plaintiff responded by terminating all c?ntact with the Father as a condition of representing the son and accepting his mone as payment for doing so. See Defense Exhibit(s) "A-1 and A2", attached hereto. 7. Denied. Plaintiff n gotiated only with its client, the son, Steven Voneida, and sent him an Agreement hich was signed and returned. The Father, Kenneth Voneida was not a party to any agreement. As background, since the son was incarcerated, the Father approached the Plaintiff law firm and let it be known that his son needed counsel and was interested in hiring it. The Plaintiff law firm spoke generally about the representation Oth the Father and the Father then relayed this information to his incarcerated son. 114ving been "introduced" to each other by the Father, the son and the law firm subsequently consummated an Attorney Client Fee Agreement which was reduced to writing and signed by the Plaintiff and its new client, the son. The Father refused to sign the Attorney Client Agreement. 8. Denied that Stev*s attorney subsequently mailed a "copy" of a proposed Fee Agreement with pro of further response, ed terms which is copied as Plaintiff's Exhibit "A". By way intiff's Exhibit "A" is obviously "blank" and not signed by 2 either the Plaintiff low firm or the Father. The Father refused to sign the Attorney Client Agreement. 9. Denied. By way of further response, the Father refused to sign the Attorney Client Agreement. 10. Admitted that Defe dant never returned the said Fee Agreement. By way of further response, the Fathe? expressly refused to sign any Attorney Client Agreement with Plaintiff. By way of further response, Defendant refused to do so despite repeated requests by Plaintiff at the earliest stages of the underlying case. This created substantial animosi between the attorney and the Father. As a direct result, Plaintiff wrote on October 29, 2007, to its client (the son) and the Defendant (the Father) that it would have no co?tact with the Father/Defendant, only his client, the son, and that his representation was expressly conditioned upon this "no contact" provision. Also, he wrote that "I *ure you that if you wish me to remain as your attorney, my representation will ?be unaffected by what has occurred with your parents". See Defense Exhibit(s)l "A-1 and A2", attached hereto. These were obviously negotiations for the fee agreement and representation which expressly excluded the Father. At this point in time there was still well over $10,000.00 left of the son's initial retainer. As such, the averment that there was some sort of mutual understanding betw?en these gentlemen that the Father would pay his son's fees after this point is denied. 11. Denied as stated. ' he son was incarcerated. Therefore, the Father approached the Plaintiff law firm apd let it be known that his son might be interested in hiring it. The 12. Plaintiff law firm spoke generally about the representation of the son with the Father and the Father relatod this information to his incarcerated son. Ultimately, the son and the Plaintiff law firm negotiated and consummated an Attorney Client Fee Agreement which was reduced Ito writing and signed by the Plaintiff and its new client, the son. The Father refused j o sign the Attorney Client Agreement. Denied. Again, the son was in jail. The Father was simply the "messenger" or "courier" who deli?ered his son's money, at his son's request, to his son's attorney. The Father did not `lpay" for anything. There was no "ratification" of any agreement since the Father expressly refused to sign or become a party to any agreement. The reality is this: the Father simply acted as a go-between, so to speak, between his son and his son's law fi?m, at the direction of his son, to deliver his son's money to the law firm that the son hired. Of course, this is a relatively common scenario in a criminal case. Cle4ly, this cannot be used as some legal trap to bind the Father to his son's debt when tho Father refused to sign the proposed written agreement for this precise reason. 13. This is a legal and ethical conclusion which is denied as stated. The question of whether or not the legal services were actually provided as agreed cannot be answered by the Father. The Father is not the client, nor is he a party to or recipient of the alleged services. Ir fact, the son, Steven Voneida is the "client" and recipient of the legal services; only he can answer this averment. However, in the event that the Court determines that the Father was/is a client and/or parry to the contract and therefore vests him with standing to address this issue, then, in such case, Defendant denies that legal services were rovided as agreed and he will assert all valid claims which may exist. 14. Denied that there a plural "Defendants" in this case, or the underlying criminal matter. There was o e Defendant in the case and that is/was the son, Steven Voneida. Any services rende d are related only to the son, not the Father. 15. Admitted that Plaintiff has made demands for payment, denied they are outstanding as to the Father. B way of further response, it is believed that the Plaintiff's client, Steven Voneida has indicated that he will resume making payment once he is released from prison. Howe er, Kenneth Voneida, the Father, has repeatedly indicated that he is not responsible fo his son's debt and that, at his son's direction, he already paid his son's attorney the entire contents of his son's bank account (over $15,000.00), and there is simply no more money left for him to transfer or he would do so. 16. This averment is de 'ed since Defendant is without sufficient information and belief as to truth of the matter asserted. 17. This averment is denied since Defendant is without sufficient information and belief as to truth of the matter asserted. 18. This averment is denied since Defendant is without sufficient information and belief as to truth of the matter asserted. 5 WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Amended Complaint with By: Roger R. Laguna Jr., Esquire Supreme Court I.D. No. 75900 Attorney for Defendant 6 Harrisburg, PA 17102 (717) 233-5292 Steven Voneida Adams County Prison 45 Major Bell Lane Gettysburg, PA 17325 Re- QFFI6F LOCATIONS Om CARLISLE OFFICE ni (717) 249-0900 ULAKIS HARRISBURG 23 OFFICE 1 ATTORNEYS 1"'A T L.,T AtiW CHAMBERSI3URG OFFICE (717) 267-0900 YORK OFFICE October 29, 2007 (717) 846-o9oo ilniGera?s..? sly y Dear Mr. Voneida: Please find enclosed a etter sent to your parents. It is absolutely necessary that if you wish for me to continue as your attorne in bath the state and the federal cases, that I have no additional contact with your parents. Two separate messages were left, on my voicemail by your parents in the past several days. Both. messages ere derogatory in nature and, nasty, Additionally,, I attempted to speak with your father on October 2 ; , 200'7, .and he, hung up on me. I simply will not deal with any of these issues during the course of my representation of you or any of my other clients. I assure you that if you wish me to remain as your attorney,.my representation-,w will be , unaffected by what has occurr d with your parents. However, if you wish me to withdraw as counsel, I will certainly be more than hippy to do so, Sincerely, ADW/slf Enclosure Mum& ZIP' Ari eitzman // Reply To: 36 SOUTH HANOVER STREET CARLISLE, PA PA 17 17013 (717) 249-0900 T e- (7171 ')A0 I-AAA BOM& UjULAKIS ?s ATTORNEYS AT LAW Mr. and Mrs. Kenneth V 6111 Bluestone Avenue Harrisburg, PA 17112 October 29, 2007 Ne- hinted SYxAes n.Voneida of Pmnsybxl9rria u Voneida Dear Mr. and Mrs. Voneida: QFFICE LOCATIONS CARLISLE OFFICE (71.7) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 Please allow this letter o serve as formal notice that I will no longer accept phone calls from either of you regarding either of Steven's cases. Additionally, you are advised that you are not welcome and may not come to or be around any of my offices. Additionally, you may not send me letters, correspondence, emails or any written communications. I simply will not tolerate name- calling, baseless accusations, t of control anger and the like. I find it very unfortuna e that you both have chosen to turn your back on your son in what probably is his greatest time o need. Nonetheless, and despite what you may think, I have Steven's best interests in my mind and ill continue to represent him in the manner he wishes rather than what you both insist is best for Sincerely, ?' Aborn 7eitzman Ari ADW/slf cc: Steven Voneida Reply To: U 36 SOUTH HANOVER STREET CARLISLE, PA 17013 l l // (717) 249-0900 LAGUNA REYES MAI ONEY, LLP 1 1 19 NORTH FRONT STREET, HA RISBURG, PA 1 7102 TEL.: (71 7) 233-5292 / FAx: (71 7) 233-5394 LRM @STAN FORDALUMNI.ORG ATTORNEYS FOR DEFENDANT COMMONWEALTH CUM] ABOM & KUTULAKIS, Plaintiff V. KENNETH VONEIDA, Defendant OF PENNSYLVANIA, COURT OF COMMON PLEAS ERLAND COUNTY, PENNSYLVANIA LLP, § NO.: 7314 OF 2008 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby verify that ? have caused a true and correct copy of the foregoing Defendant's Answer to Plaintiff's addressed as follows: Complaint upon Plaintiff's counsel via first-class U.S. mail, Wayne Melnick, Esquire 36 S. Hanover St. Carlisle, PA 17013 R. Lagoa, Vrj, Esquire 7 VERIFICATION I verify that the of my knowledge, may subject me to the to authorities. made in the above Answer are true and correct to the best and belief. I understand that false statements made herein ies of 18 Pa.C.S. Section 4904 relating to unworn falsification Kenneth Voneida JE THE P- NOTARY 2009 APR -9 AI I I : I U ABOM & KUTULAKIS, L.L.P., IN THE COURT OF COMMON PLEAS C Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA .?,r_ 4 ! rj r • V CIVIL ACTION NO.: 7314 OF 2008 ° ' ... ri't ? i N = - ?r ,- v KENNETH VONEIDA, ? Defendant ;- C C7 rv C> ( m PETITION FOR APPOINTMENT OF ARBITRATORS y u r TO THE HONORABLE, THE JUDGES OF SAID COURT: Wayne Melnick, Esquire, of Abom & Kutulakis, L.L.P., counsel for Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff is for an amount less than Thirteen Thousand Seven Hundred Fifty- Six Dollars and Eighty-Eight Cents ($13,756.88). 3. The counterclaim of the defendant in the action is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: a. Wayne Melnick, Esquire b. Roger Laguna, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Ala I o Date 4Wa elnick, Esquire Attorney No.: 53150 3 ?! Ll, d D ?, 2 West High Street Carlisle, PA 17013 /30 (717) 249-0900 fL 3 7 Attorneyfor Plaintiff 5-7 ORDER OF COURT AND NOW, this day of , 2010, in consideration of the foregoing petition, Esquire, and , Esquire and , Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT, J. ABOM & KUTULAKIS, L.L.P., Plaintiff V. KENNETH VONEIDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO.: 72314 OF 2008 CERTIFICATE OF SERVICE AND NOW, this _jgt%day of x I, Wayne Melnick, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS upon, Roger Laguna, Esquire, by First Class Mail at the following location: Laguna, Reyes, Maloney, LLP 1119 North Front Street Harrisburg, PA 17102 ABOM & KUTULAKIS, L.L.P. J Wayne Melnick, Esquire ABOM & KUTULAKIS, L.L.P., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .? f !T) r;•t Va. 7 ti CT cN^e. O rri ca `=m KENNETH VONEIDA, Defendant CIVIL ACTION NO.: 7314 OF 2008 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: N -a c.rt Wayne Melnick, Esquire, of Abom & Kutulakis, L.L.P., counsel for Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff is for an amount less than Thirteen Thousand Seven Hundred Fifty- Six Dollars and Eighty-Eight Cents ($13,756.88). 3. The counterclaim of the defendant in the action is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: a. Wayne Melnick, Esquire b. Roger Laguna, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. a 1a to Date Wayne elnick, Esquire Attorney No.: 53150 S N, 00 a-f 2 West High Street f°t Carlisle, PA 17013 /3n (717) 249-0900 3 7 Attorneyfor Plaint 5-7 ORDER OF COURT AND NOW, this day of 2010, in cons'derati n of the foregoing petitio , Esquire, and Esquire and 7Z Esquire, are appointed arbitrators in the above-captioned action as pMye(Y r. `? - 1 - J .. ,3 a? l c.> . rt I.UI y Lr) _i z LQ a- s A OM & WTULA.KIS John A. Abom, Esquire Attomey I.D. #: 77961 2 West High Street Carlisle, PA 17013 (717) 249-0900 ABOM & KUTULAKIS, LLP, Plaintiff V. KENNETH VONEIDA, Defendant •L 2010 MAY 25 Pik 2= 38 CL''°V r ',; a .,JUWTY f HA r E N1 x,ti'3`1Lr,.n of M•: r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 7314 of 2008 CIVIL CIVIL ACTION - LAW PRAFCIPE TO SUBSTITUTE COUNSEL. Please enter my appearance on behalf of Abom & Kutulakis, LLP, in place of Wayne S. Melnick, Esquire, in the above-captioned matter. DATE John A. Abom, s 2 West High S et Carlisle, PA 17013 (717) 249-0900 ID No. 77961 Respectfully submitted, ABOM & KUT LLL4K AND NOW, this 25"' day of May, 2010, I, Shannon Freeman, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing PRAECIPE TO SUBSTITUTE COUNSEL addressed to the following: Roger R. Laguna, Jr., Esquire 1119 North Front Street Harrisburg, PA 17102 S on Freeman In The Court of Common Pleas of Cumberland County, Pennsylvania No. Defendant Civil Action - Law. Oath We do solemnly swear (o affirm) that we will support, obey and defend the Constitution of the United States and the Constitutio of this Commo ealth and that we will discharge the duties of our office with i elit aX7 Signature ature Sign e Name (Chairman) hen' Name C Law Law Firm r... Address U Coover EbQ &" o" ceS Name Law Firm Hanover &ree+ Y*VoAW Adcliess Carl;-Sle PA 1"700 g"a' & 1W/9' Zip .'11 /QA/L5 We, the undersigned following award: City, city, zip city, Zip 21996 -A Award /10117 ?/,/Q If D s, having been duly appointed and sworn (or affirmed), make the : If damages for delay are awarded, they shall be separately stated.) Date of Hearing: 7 "/ 3 - Date of Award: 7-" / 3 Now, the 1-2+1\. d, entered upon the docket and Arbitrators' compensation to . Arbitrato 'ssents. (Insert name if applicable (Chairman) ?O Notice of try of Award rw '? ... fir. ,_ 7T3 C7 at j2.-,VL, k.M., the eve a nd yeas .; icy creo ivlpn ' lo the arties or their attorney ( g 'i P . s PW upon 400e 4 By: 'rothonotary - Deputy PQ?C R.1.?Y Jam. 7114/10