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Home My WebLink About09-0378THERESA BARRETT MALE, ESQUIRE Plaintiff RYAN M. HOFFMAN V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 37$ CIVIL ACTION - LAW 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 attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THERESA BARRETT MALE, ESQUIRE Plaintiff RYAN M. HOFFMAN V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O9-3-7 9 i_t;v- -r-l? CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Theresa Barrett-Male, Esquire, by and through her attorney Charles Rector, Esquire, and avers the following in support of her Complaint against Defendant, Ryan M. Hoffman, as follows: 1. Plaintiff, Theresa Barrett-Male, Esquire, is an attorney at law, with her principal place of business located at 513 N. Second Street, Harrisburg, Dauphin County, Pennsylvania, 17101. 2. Defendant is Ryan M. Hoffman, an adult individual who resides at 1117 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On or about March 12, 2008, Defendant signed a Fee Agreement with Plaintiff for legal services, a copy of which is attached hereto, incorporated herein and marked as Exhibit "A." 4. Plaintiff performed legal services for Defendant and consistent with the Fee Agreement, provided timely invoices to Defendant which required payment. 5. Defendant has failed, and or refused, to pay the total amount due and owing to Plaintiff in the amount of $15,124.41, as of December 31, 2008 (See attached Invoices marked as Exhibit "B". 6. Pursuant to Section 7 of the Fee Agreement, 1.5% interest has been charged monthly to all unpaid invoices. Interest will continue to accrue through disposition of this case. See Exhibit "A" at page 3. 7. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 8. The amount in controversy does not exceed the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, Theresa Barrett-Male, Esquire, demands judgment in her favor and against Defendant, Ryan M. Hoffman, in the amount of $15,124.41, plus additional interest which will accrue at 1.5% per month, plus costs and for such other relief as the Court deems just and appropriate under the circumstances. RESPECTFULLY SUBMITTED, Charles Rector, squire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: ,1-231o VERIFICATION I verify that the statements made herein 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. Theresa Barrett Male, Esquire Date: January 15, 2009 RETENTION AGREEMENT This Agreement, consisting of four (4) pages, is made between Theresa Barrett Male, Esquire and Ryan M. Hoffman. 1 SCOPE OF REPRESENTATION You are retaining me to represent you In connection with your marital separation and custody Issues. If your wife agrees to participate in the Collaborative Law Process, the following paragraph describes the conditions which will apply to our professional relationship. The basis of collaborative family law is the participants' shared belief that it Is in the best interest of parties and their families to commit themselves to avoiding litigation and resolving their differences with minimal conflict In this process, the participants' goal Is to maximize settlement options for the benefit of all parties and minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation for the participants and their families. By participating in the Collaborative process, you relinquish your rights to access the Court to resolve Issues; to object to producing documents and providing Information to your spouse and your spouse's attorney; and to hire your own experts to value assets and provide opinions on relevant Issues. My representation of you in this process Is limited because I cannot represent you in any court proceeding against your spouse except if you and your spouse both agree to submit certain selected issues to a private judge or arbitrator. If the process terminates before settlement, I will be disqualified from representing you, even if termination was not your decision. After settlement, I can represent you in an additional Collaborative process, but I cannot represent you In litigation regarding the interpretation or enforcement of your settlement agreement. Similarly, any expert or consultant retained in the collaborative process may not be later retained separately by either party and may not participate in any subsequent litigation, unless you and your spouse agree otherwise. These terms will not apply, however, If your wife decides on a different process. 2. RErAINER You have paid a partial retainer of $500.00, which 1 will apply to the filing court filing fees. The additional retainer payments are due as follows: $500.00 on or before March 31, 2008; $500.00 on or before April 15, 2008; and $500.00 on or before April 30, 2008. If you pay by check or cash, I will deposit the retainer directly into my IOLTA I"Interest on Lawyers' Trust Accounts'] account If you pay by credit card, I must deposit the retainer into my general account for transfer to the IOLTA account within seven (7) business days. I may request that you replenish the retainer. If so, I will give you thirty (30) days written notice to make this deposit. I am required to remit any Interest earned on IOLTA accounts to the Commonwealth. This Interest funds legal service programs for the indigent. 3. HouRLY RATES Attorney $295.00 Associate Attorney $185.00 Paralegal $100.00 Legal Assistant $85.00 The minimum billing unit Is 3/10ths of an hour. These rates will continue until entry of the divorce decree. Thereafter, services will be billed at the then-prevailing rates. 4. COSTS AND EXPENSES The hourly rates Include In-office photocopying and first-class postage. 1 bill separately for long distance telephone charges, certified and registered mail, delivery services, on-Ilne research, and notary fees. You must pay filing fees or other court-related fees and costs, such as service fees, subpoenas costs, and witness fees in advance. Additionally, you must pay all expenses incurred for out-of-office printing and copying, court reporter and transcription services, and similar costs within ten (10) days of my request for payment. If we decide that an expert, such as an accountant, appraiser, or actuary, is necessary to assist in your case, you will have to pay the anticipated costs in advance of my retalning the expert. 5. CHARGES You will pay for all time spent on your case, Including: personal and telephone conferences, preparing and reviewing documents and correspondence, reviewing e-mail, telephone and other messages, research; trial preparation, court time, and travel time. Document preparation charges are calculated on a time and value basis. 6. MONTHLY STATEMENTS You will receive a statement each month reflecting fees and costs incurred in the prior month. If you do not object to the charges within fourteen (14) days of the statement date, you forfeit the right to contest the bill at a later date. After any retainer is depleted, you must pay the entire balance due by the end of the month in which the statement is mailed. If you fall to pay the balance due on your account for sixty (60) days or more, I will not undertake any additional work on your behalf until the entire past 2 due balance Is paid In full. Checks returned for insufficient funds are subject to a $25.00 service charge. I accept Visa and MasterCard for payment. Generally, each party is responsible for his/her legal fees and expenses. Under certain circumstances In litigated cases, the court may order one party to pay some or all of the other party's legal fees and costs. If appropriate, I may ask the court to do so in your case. If the court denies this request, either in whole or in part, you remain responsible for the amount due. You authorize me to accept all settlement proceeds and/or monies you may receive. Whether or not you receive any settlement proceeds or monies, you must pay all legal fees and costs incurred during my representation within fourteen (14) days of my written request for payment. I have the right to retain your file pending payment, to assert a retaining lien against papers, documents, or other property coming into my possession, and to retain such property until my fees are paid. 7. FINANCE CHARGES I assess finance charges of 1.5% per month (annual rate of 18%) on unpaid balances. 8. MUTUAL RESPONSIBILITIES I will advise you of your legal rights and obligations, keeping you Informed about the status of your case. I will send you copies of all correspondence,'pieadings, and other documents related to the case, whether generated by me, the opposing side, or a third party. You must notify me immediately of any changes in address, telephone number, or employ- ment; completing and return promptly all papers or documents I send to you. You must advise me of all facts essential to your case. Your failure to cooperate with me may compromise my ability to represent you. If you fail to comply with this agreement, I will exercise my right to petition the court to withdraw from your case. You will be liable for the costs of collection, including court costs and legal fees, when I refer your account to collect fees or costs due for my services. 9. ENTIRE AGREEMENT/MODIFICATION This Agreement contains the entire understanding which we have reached. No modification to this Agreement shall be effective unless It Is in writing and sighed by both you and me. 3 10. WrrHDRAWAI/TERMINATION OF PROFESSIONAL RELATIONSHIP If I withdraw as counsel, whether by agreement or pursuant to a court order, you must pay the outstanding balance due in full within fourteen days (14) of my written request for payment. You will be responsible for all legal fees and expenses incurred in my petitioning to withdraw as counsel. You may terminate this agreement by: A. Notifying me in writing, and B. Remitting a check for payment of all outstanding fees and costs. 11. ACCESS TO FILE AFTER CASE Is TERMINATED If, after your case is completed, you request retrieval of documents or other information from your file, you will be charged a retrieval fee of $50.00. This excludes any additional legal work which I may perform for you at that time. 12. No GUARANTEE I have made no guarantees on the outcome of your case. The length of time your case will take depends on a number of factors, including the nature of the controversies and, in non- Collaborative Law cases, whether you and your spouse can resolve your differences out of court. Similarly, the time and the effort required, the complexity of the Issues involved, and the degree of cooperation afforded us by your spouse and counsel will affect the direction of the case and the amount of legal fees. 13. SuccEssoRs BouND This agreement is binding on your executors, personal representatives, heirs, successors and assigns. You have read this agreement and agree to these terms. You acknowledge receipt of a copy of this agreement. Theresa Barrett Male, Esquire Date: March 11, 2008 Ryan 4h. Hoffman Date: March _?. % . 2008 4 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 March 31, 2008 Ryan M. Hoffman 63 Willow Mill Park Road Mechanicsburg, PA 17050 c/o: Gloria Hoffman Amount Previous balance of Client funds $0.00 3111/08- Payment to account/ck#10803 $300.00 3/14/08- Payment to account/TBM ck#8641 from credit card $200.00 3/14/08- Prothonotary/ck#3226 ($466.50) ($33.50) 3131/08- Payment from account New balance of Client funds $0.00 Fees Hours 3/11/08 TBM Consultation. 1.70 70 1 200.00 501.50 TBM Letter to client. 3/12108 TBM Prepare Documents; Letter to client. . 2.00 590.00 3/14/08 SCA Letter to Prothonotary. 0.40 0 30 40.00 50 88 TBM Review E-mail from client. . 0 30 . 88 50 3118/08 TBM Review E-mail. . . 30NO CHARGE 0 3/21/08 TBM Review Order. . 0 50 147 50 3/24108 TBM Letter to opposing parry. . 0 30 . 88.50 3/25/08 TBM Call from client. . 0 30 88 50 3127/08 TBM Review message from client. . . Total fees 7.80 $1,833.00 3/11/08- Payment/VISA ($200.00) ($33.50) 3/31/08- Payment from account Total payments ($233.50) Balance due $1,599.50 We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 April 30, 2008 Ryan M. Hoffman 63 Willow Mill Park Road Mechanicsburg, PA 17050 c/o: Gloria Hoffman Amount Previous balance due $1,599.50 Fees Hours 4/1/08 TBM Call to opposing counsel;Memo to File;Call from opposing counsel;Prepare 1.60 472.00 Agenda;Prepare Stipulation (draft);E-mail to opposing counsel;Review message from 4/2/08 TBM client. Review Letter from opposing counsel & fax. 0.30 88.50 4/3/08 TBM Review E-mails from opposing counsel;Reply;Letter to client. 0.60 177.00 TBM Review message from client. 0.30 88.50 4/4/08 SCA Letter to client. 0.30 40 0 30.00 118 00 4/7/08 TBM Call from client. . 00 3 . 00 885 4/8/08 TBM 4-party conference. . 1 00 . 295 00 4/9/08 TBM 4/10/08 TBM Prepare Stipulation. Review E-mail from opposing counsel;Supervise Paralegal; Revise Stipulation. . 1.20 . 354.00 SCA Call to client;Memo to File. 0.50 50.00 4/11/08 SCA Call to opposing counsel;E-mail to opposing counsel;E-mail to client. 0.30 30.00 4/14/08 TBM Review E-mail;Call from client. 0.50 147.50 TBM Review message from opposing counsel & message from client;Review E-mail. 0.30 88.50 TBM Review letter from client. 0.30 88.50 4/16/08 SCA Letter to client. 0.30 30.00 30NO CHARGE 0 TBM Supervise Paralegal. . 40 0 118 00 4/18/08 TBM Review Letter from opposing counsel. . . 4/21/08 TBM Review message from client. 0.30 88.50 4/22/08 TBM Review E-mail from client, 0.30 88.50 4/24/08 TBM Review E-mail from client; Review message from client;Supervise Paralegal. 0.40 118.00 4/25/08 TBM Call from client. 0.50 147.50 Total fees 13.10 $3,503.00 4/18/08- Payment/VISA ($1,500.00) 4/30108- Credi t ($250.00) Total payments ($1,750.00) Balance due $3,352.50 We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 May 31, 2008 Ryan M. Hoffman 63 Willow Mill Park Road Mechanicsburg, PA 17050 c/o: Gloria Hoffman Amount Previous balance due $3,352.50 Fees Hours 5/2/08 TBM Call from opposing counsel. 0.30 88.50 5/5108 TBM Revise Stipulation; E-mail to opposing counsel;Review message from client. 0.80 236.00 5/6108 TBM Conference with client;Custody Conference;Conference with client. 2.50 737.50 5/7/08 TBM Prepare Order;E-mail to opposing counsel;Review E-mail from opposing 0.90 265.50 counsel; Letter to Custody Conciliator; Supervise Paralegal. 5/8/08 TBM Review E-mail from opposing counsel. 0.30 88.50 5/12/08 TBM Review Order. 0.30NO CHARGE 5/13108 TBM Review Order for Support conference & Complaint. 0.30 88.50 5114/08 TBM Review message from client;Review message from Deb Salem;Supervise Paralegal. 0.30 88.50 5/15/08 SCA Call to client;E-mail to client. 0.30 30.00 TBM Review message from client;Supervise Paralegal;Review fax from client;et Deb 0.80 236.00 5/16/08 SCA Salem. E-mail to Deb Salem;E-mail to client. 0.30 30.00 5/19/08 SCA Call from client;Call to Attorney Rector;Call to client. 0.40 40.00 5120108 TBM Review E-mail from opposing counsel. 0.30 88.50 5/21/08 TBM Review message from Deb Salem. 0.30NO CHARGE TBM Review fax from client re credit cards;Review message from Gloria;Review message 0.80 236.00 TBM from client. Review E-mail from opposing counsel;Supervise Paralegal. 0.30 88.50 5127/08 TBM Conference call with Deb Salem & opposing counsel;Call from client;E-mail to Deb 1.70 501.50 5/30/08 AHD Salem. Review File;Call to client. 1.00 185.00 TBM Call from client. 0.70 206.50 Total fees 12.60 $3,235.00 Interest on overdue balance $34.17 Total fees and costs $3,269.17 Balance due $6,621.67 Your account is 30 days past due. Please remit payment in full immediately. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 June 30, 2008 Ryan M. Hoffman 63 Willow Mill Park Road Mechanicsburg, PA 17050 c/o: Gloria Hoffman Previous balance of Client funds 6122/08- Payment to account/TBM ck#8796/from credit card New balance of Client funds Previous balance due 6/2/08 AHD 6/6/08 TBM 6/9/08 TBM 6/10/08 TBM 6/12/08 TBM 6/13/08 TBM TBM 6/16/08 TBM TBM 6/17/08 SCA TBM 6/18/08 TBM TBM 6/19/08 TBM TBM 6/20/08 SCA TBM 6/23/08 TBM 6/24/08 TBM 6/25/08 TBM 6/26/08 SCA TBM 6/27/08 TBM Fees Support conference. Review E-mail from opposing counsel;Call from client;E-mail to opposing counsel. Review message from client;Call to opposing counsel;Call to client;Prepare Order (amended); Letter to client. Review E-mail from client. Review message from client;Supervise Paralegal;Letter to opposing counsel. Review message from client;Supervise Paralegal. Review E-mail from client. Review message from client. Review information from Gloria Hoffman. E-mail to client. Review message from client (2);Call from client;Call to Attorney Hoist (Mid-Penn);Supervise Paralegal. Review E-mail from opposing counsel;Supervise Paralegal. Review message from client (2);Review Call from client. Review E-mail from client. Review message from client. Call to client;Letter to client. Review message from client. Call from client. Review Petition to modify order & Contempt. Review message from client. E-mail to client. Review message from opposing counsel. Letter to Deb Salem. Total fees Interest on overdue balance Total fees and costs Balance due Amount $0.00 $220.00 $220.00 $6,621.67 Hours 3.00 555.00 1.00 295.00 2.10 619.50 0.30 88.50 0.50 147.50 0.30 88.50 0.40 118.00 0.30 88.50 0.50 147.50 0.30NO CHARGE 1.40 413.00 0.30 88.50 0.30 88.50 0.30 88.50 0.30 88.50 1.00 100.00 0.30 88.50 0.90 265.50 0.50 147.50 0.30 88.50 0.30NO CHARGE 0.30NO CHARGE 0.30 88.50 15.20 $3,693.50 $64.97 $3,758.47 $10,380.14 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 July 31, 2008 Ryan M. Hoffman 63 Willow Mill Park Road Mechanicsburg, PA 17050 c/o: Gloria Hoffman Previous balance of Client funds Amount $220.00 $10,380.14 Previous balance due Fees Hours 7/1/08 TBM Review message from client. 0.30 30 0 88.50 88.50 7/2/08 TBM Review message from client. . 0.90 265.50 7/3/08 TBM Call from client. 1.00 295.00 7/7/08 TBM Prepare Answer. 0.30NO CHARGE TBM Review Order. 0.30 30.00 7/8/08 SCA E-mail to client. 1.00 100.00 7/10108 SCA Prepare Deed. E-mail to client;Review E-mail nt re Protection from Abuse li f 0.50 147.50 7/14/08 TBM , e rom c Review message from client. 30N0 CHARGE 0 7/15/08 TBM 7/16/08 TBM Review message from client. Review message from opposing counsel;Review E-mail from opposing counsel. . 0.30 88.50 7/17108 TBM Review E-mail from opposing counsel;Call from opposing counsel;Prepare 2.20 649.00 Documents; Letter to opposing counsel;Letter to client. 30 0 50 88 7/21/08 TBM Review message from client;Review E-mail from Deb Salem. . 0.30 . 88.50 7/23/08 TBM 7124/08 TBM Review message from client. Review File Memo;Letter to opposing counsel;Review message from Deb Salem. 2.40 708.00 7125/08 TBM Prepare Petition & Order;Prepare Motion & Order;Supervise Paralegal;Review Fax 2.70 796.50 from opposing counsel;Revise Motion;Letter to Mr. Mangan. are Praecipe;File Praecipe;Call from Deb Salem. Pre f 3.10 914.50 7/28/08 TBM p erence; Custody Con 16.20 $4,348.50 Total fees $94.59 Interest on overdue balance $4,443.09 Total fees and costs ($1,000.00) 7/14/08- Payment/VISA $13,823.23 Balance due Your account is 90 days past due. No additional work will be undertaken until the account is satisfied in full. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 August 31, 2008 Ryan M. Hoffman 1117 Nanroc Drive Mechanicsburg, PA 17055-4454 Previous balance of Client funds Previous balance due Fees 8/1/08 SCA Letter to client;Letter to opposing counsel. TBM Review Order. 8/7/08 TBM Review Order & Summary. 8/20/08 TBM Prepare Motion & Order;Letter to Prothonotary. Total fees Interest on overdue balance Total fees and costs Balance due Amount $220.00 $13,823.23 Hours 0.30 30.00 0.30 88.50 0.30 88.50 1.70 501.50 2.60 $708.50 $140.88 $849.38 $14,672.61 Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 September 30, 2008 Ryan M. Hoffman 1117 Nanroc Drive Mechanicsburg, PA 17055-4454 Previous balance of Client funds Previous balance due 9/3/08 TBM Letter to client. Total fees Interest on overdue balance Total fees and costs Balance due Amount $220.00 $14,672.61 Fees Hours 0.30 88.50 0.30 $88.50 $143.33 $231.83 $14,904.44 Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 October 31, 2008 Ryan M. Hoffman 1117 Nanroc Drive Mechanicsburg, PA 17055-4454 Previous balance of Client funds 10/31/08- Payment from account New balance of Client funds Previous balance due Interest on overdue balance Total fees and costs 10/31/08- Payment from account Balance due Amount $220.00 ($220.00) $0.00 $14,904.44 $146.76 $146.76 ($220.00) $14,831.20 Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 November 30, 2008 Ryan M. Hoffman.cr in reference to: Collections Previous balance due Interest on overdue balance Total fees and costs Balance due Amount $14,831.20 $144.20 $144.20 $14,975.40 Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Visa and MasterCard for payment Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 December 31, 2008 Ryan M. Hoff nan.cr In reference to: Collections Previous balance due Interest on overdue balance Total fees and costs Balance due Amount $14,975.40 $149.01 $149.01 $15,124.41 Your account is 120 days past due. To avoid referral to collections, remit the balance due no later than thirty days from the statement date. We accept Asa and MasterCard for payment c l -T i C11 i n, L- SHERIFF'S RETURN - REGULAR .?- CASE NO: 2009-00378 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRETT-MALE THERESA VS HOFFMAN RYAN M MICHAEL BARRICK .... Room Mw. NOW VOW 9&* ail* 4" "166 Sheriff or Deputy Sheriff of .... lw Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOFFMAN RYAN DEFENDANT at 1117 NANROC DRIVE MECHANICSBURG, PA 17055 RYAN HOFFMAN the by handing to , .ww , at 2036:00 HOURS, on the 28th day of January , 2009 -? a true and attested copy of COMPLAINT & NOTICE together with ,dwio <;?w and at the same time directing His attention to the contents thereof. 4p* ,rw Sheriff's Costs: So Answers: Docketing 18.00 Service 12.60 is ?,,,?,,,?' ?,??,..--.,? Postage .56 Surcharge 10.00 R. Thomas Kline .00 41.16 01/28/2009 CHARLES RECTOR /' Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. wr C:r C6. _Y i? t ; ?' Y t