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HomeMy WebLinkAbout09-1579 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. rl 1579 U ?/i •? ?L 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 Magisterial District Judge on the date and in the case referenced below. NAM A PfEL, NT P_ Q.. r?.KwOL I MAG.?IST ryl I NAM C ID/tf?YYYG A. T l n r .AtA! ZIP CODE I -) O? `--l U- DOCKET No. o?vv531 -08 This block will be signed ONLY when this notation is required under Pa. R.C.RD. J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy II- tr dppenent was ctal Lot (see Ma-. H.c.ru J. ND. WU7(6/ In acrfon before a Magisterial Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ?•-? L tM 1 C.Xo OT !1129Ca?„ 1, !E AA i!Al appellee(s), to file a complaint in this appeal Name of appellee(s) J?/ W rM (Common Pleas No. ?011hin twenty (20) days after service of rule or r entry of judgmen f J r atu f appeltent or attorney or agent RULE: To S.?yyC? .A-1- PAW Name of appellees) OWNER (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. (2) If you do not file a complaint within this time JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date 3 JJa 20 zon &!?h's Signature ofProtho L or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH HIS NOTICE OF APPEAL. DPC 312-05 COURT FILE TO BE FILED WITH PROTHONOTARY s'.m R OU R -a"9 F l s FF { IYS C7- 27 -* J _ -1? COMMONWEALTH OF PENNSYLVANIA ;. 14, COUNTY OF: CUXBZRLAW Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING BILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 ATTORNEY DEF PRIVATE ANTHONY T. NCBETH 407 N FRONT ST FIRST FL HARRISBURG, PA 17101 NOTICE OF JUDGMENT/TRANSCRIPT x CIVIL CASE PLAINTIFF: NAME and ADDRESS A '"'rLAii OFFICES OF PETER J. RUSSO 7 5006 E. TRINDLE ROAD APT/STE 100 NECHANCISBURG, PA 17050 L I DEFENDANT: vs. 17 050 rBUREEY, >CELLI R. NAME and ADDRESS 8 N- PINE STREET ENOLA, PA 17025 L J Docket No.: CV-0000537-08 Date Filed: 8/13/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Date of Judgment) 2/10/09 (Name) LAW OFFICES OF PETER J. RUSSO ® Judgment was entered against: (Name in the amount of $ 2,444.8 , EELLI R. P Defendants are jointly and severally liable. M Damages will be assessed on Date & Time This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease S Amount of Judgment $ 1,687.14 Judgment Costs $ 89.50 Interest on Judgment $?Si. 33 Attorney Fees $ .ND Total $ 2,444.89 Post Judgment Credits $ Post Judgment Costs $ 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 JUDGMENTITRANSCRIPT 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. Date I certify that this is a true a correct copv of the record of the p Date ( '( My commission expires first Monday of January, 2010 AOPC 315-07 -, Magisterial District Judge containing the judgment. Magisterial District Judge SEAL rfgM 0sr+??0.0 917a/a0 0092 _aa. PROOF P SERVICE NOTICE APPEAL N P I,E' I'll, COMPLAINT 1uPh 0?-IS7y-6. Vi I prey) L !e? Paso d ? wlarc;? ?(? _?i MCMM*Wm OF PENNSft Seal ns , Notary Public M Dauptlin County p m Jww 11, 2011 MMInDa, Pennsylvania Association of Notw%s N r a O , te -- r' ; }err . V _ ..; C j CA -G COMMONWEALTH OF P COURT OF COMMON P111? J0ftlal Dlitltftt, County Of CI m LP) A , APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT r COWWN PLEAS No. U 7- NOME OF APPEAL fir; Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the, Magisterial District Judge on the date and in the case referenced below. MAG. DIST. NO. NAME ` NAME FAP tANT 0 .` DATE OF JUMME IN THE CASE OF (Piaintltf) (Defendantr L(tj g ?I ..? ?. I DOCKET No. SIGMA LLANT P'TORNEY CM AG dl MCC ob This block will be signed ONLY wtten'`this notation is requited under Pa. t /lent was Clai t (see C..D. J. No. 1041' ) in action R.C.P.D. J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial at Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECFR!E 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 Magisterial District Judge. IF NOT USED, detach from copy of notice. of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon tl appel"s),,to file a complaint in this appeal' Name of appellees) (Common Pleas No.Th twenty (20) days after service of rule or entry of jtadgmenif n prq§. in ilk f appekiant or attorney or agent 6L VT-1 IL 4-'- f s RULE: Tom Name of appeffee(s) OWNER (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. (2) If you do not file a complaint within this time JUDGMENT OF NON PROS MAY BE l,?U6PGAllis x?. { (3)' The date of service of this rule if service was by mail is the date of the mailing. Date 3 20 6 1 _ (( Signature WProth or Deputy. f. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANS i ORM WITH THIS hFow1c, f-OF APPEAL. fi AOPC 312-05 (COURT FILE U.S. Polit?lj CERTIFIED MAIL RE CEIPT .o L??F ?IC A L S E L C3 so postage g i? l ? u Certified Fee a t O v ` ? A Retum Receipt Fee (Endorsement Requ4ed) a C3 .r63 RMD (Fndors %Z Fee had) 0 TOW Postage A Fees 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 NO. 09-1579 V. KELLI BURKEY, 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 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. 09-1579 V. KELLI BURKEY, , Defendant. TRIAL BY JURY DEMANDED COMPLAINT Plaintiff, the Law Offices of Peter J. Russo, P.C., for Plaintiff's 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 Kelli Burkey with a mailing address of PO 8 West Pine Street, Enola, Pennsylvania 17025. 3. Beginning on or about March 31, 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. 5. The Fee Agreement sets forth the terms and conditions of the agreement between the parties. 3 6. Plaintiff provided the legal services per the Fee Agreement. 7. Plaintiff provided Defendant with multiple statements reflecting the services rendered. 8. Defendant has failed to pay for the services set forth on the Statement dated January 7, 2008. A true and correct copy of the January 7, 2008, statement is attached hereto and incorporated herein as Exhibit B. 9. Plaintiff has repeatedly attempted to collect full payment from Defendant. 10. Despite Plaintiff's efforts, Defendant has refused to render payment in full. 11. Plaintiff believes and therefore avers that Defendant owes Plaintiff a balance of One Thousand Six Hundred Eighty Seven Dollars and Fourteen Cents ($1,687.14) for services previously rendered, plus Eighteen Percent (18%) interest per annum, costs, and reasonable attorney's fees. COUNT I - BREACH OF CONTRACT 12. Plaintiff realleges the allegations set forth hereof and incorporates them herein by reference as fully as though set forth herein at length. 13. Plaintiff contracted with Defendant to perform the services set forth on Exhibit A for the amount therein indicated. 14. Plaintiff performed said services. 15. Plaintiff contacted Defendant on several occasions thereafter to request payment for services rendered. 16. Although duly demanded by Plaintiff, the balance due of One Thousand Six Hundred Eighty Seven Dollars and Fourteen Cents ($1,687.14) exclusive of interest, costs and attorneys fees, have not been paid. 4 The Fee Agreement also requires that Defendant pay any and all costs, including attorneys fees in connection with any collection efforts taken by Plaintiff. 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. Respectfully submitted, LAW O"TCES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire orney 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 VERIFICATION I, Clez i -- SA,t Ulw' , 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 unworn falsification to authorities. Dated: - 0 ,5? ?lit?-?? J S?yc.u2 Print Title: f+?r-ej Signature 6 EXHIBIT A Law O,?fices Of Peter J. Russo, P. C. ATTORNEYS AT LAW 3800 Market Street, Camp Hill, PA 17011 Phone: (717) 591-1755 Fax: (717) 591-1756 Peter J. Russo, Esquire Scott A. Stein, Esquire John N. Papoutsis, Esquire Elizabeth J. Saylor, Esquire GENERAL LITIGA TION FEE A GREEMENT Dear Client, This is to confirm our conversation, at which time we discussed the following legal concern: 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 attorney-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, prijnting 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 $1,5 00 is required before any work can be undertaken on your behalf. Your b 1 not fallbe w $100.00 at any given time. CLIENT'S INIT n r Client's Initials t Page One of Four I V- f Page Two offour General Litigation Fee Agreement 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. 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 annorn 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. 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 wo;d be unethical or impractical. Client's Initials Page Two of Four Page Three of Four General Litigation Fee Agreement 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 minimize 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. 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. Client's Inifial 6'- Page Three of Four . ,, Page Four of Four General Litigation Fee Agreement 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 Offices of Peter I Russo, P.C. '? -----f understadd the terns a5f conditions of this signature herein is my express acknowledgment and Date: .3 ) ee read the foregoing four pages and ent and they are acceptable to me. My tnce of the terms of this Agreement. . •, , EXHIBIT B . •r Law Offices of Peter I Russo, AC. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph:717-591-1755 David Burkey 40 Tory Circle Enola, PA 17025 Attention: RE: Total Fee & Disbursements Previous Balance Balance Now Due Fax:717-591-1756 January 7, 2008 File #: 05-0189 Inv #: 5039 $0.00 1,687.14 $1,687.14 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 US REGULAR MAIL: Anthony T. McBeth, Esquire 407 North Front Street First Floor Harrisburg, PA 17101 Attorney for Defendant DATE: 3I 2H 101 i I ? .??Southard, Paralegal 9 c) a C) t- 77- -r_? F?z Anthony T. McBeth, Esq 407 North Front Street, First Floor Harrisburg, PA 17101 (717) 238-3686 atmlawl@verizon.net Attorney for Defendant LAW OFFICE OF PETER J. RUSSO, Plaintiff V. KELLI R. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA : NO. 09-1579 Civil Term CIVIL ACTION - LAW COUNSEL'S PETITION TO WITHDRAW FROM REPRESENTATION PURSUANT TO PENNSYLVANIA RULE OF PROFESSIONAL CONDUCT 1.16 The undersigned was retained by the Defendant in or about October 20, 2008 for representation in the captioned matter. 2. Defendant has made representation difficult. 3. Specifically, David Burkey, husband of Plaintiff, has indicated that he will refuse to compensate the undersigned for any of his services and has attempted to make contact directly with Plaintiff regarding this matter. 4. The undersigned believes that Plaintiff is acting in concert with her husband in that the undersigned has received no compensation for this appeal. 5. For the reason set forth above, the undersigned requests this Honorable Court to enter an order permitting him to withdraw from representation in the captioned case, pursuant to Rule of Professional Conduct 1.16. 6. It is not known whether opposing counsel/party agrees with this request, although we have no direct indication that the opposing party opposes this request. 7. No judge has yet been assigned to this case. WHEREFORE, the undersigned requests this Honorable Court to enter an order permitting him to withdraw as counsel for the Defendant, for the reasons set forth in this petition. a Anthony T. Mc , Esq. Attorney for the endant 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 VERIFICATION I, Anthony T. McBeth, am attorney for Defendant in the captioned action. I am verifying the attached document for Defendant in that I am more familiar with the facts described in the attached document. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). e . . , LAW OFFICE OF PETER J. RUSSO, Plaintiff V. KELLI R. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA NO. 09-1579 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Anthony T. McBeth, Esquire, hereby certify that I have served to persons listed below with the attached document, by first class mail, postage pre-paid, on the date indicated below: Law Offices of Peter J. Russo 5006 East Trindle Road, #100 Mechanicsburg, PA 17050 Kelli R. Burkey 8 West Pine Street Enola, PA 17025 gag-"' 11 !Anthony T. M,4eth, Esq. Attorney fore ndant 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 FILE-J-DFF"1C E CAF THE 11) P'°iT;_',: D .10 TA RY ZUC9 APR 14 AID 10= 3 G Cr_4'Y Y; ti! I % LAW OFFICE OF PETER J. RUSSO, Plaintiff V. KELLI R. BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA : NO. 09-1579 Civil Term CIVIL ACTION - LAW RULE AND NOW, this /T day of Ag, i , 2009, upon consideration of Counsel's Petition to Withdraw from Representation Pursuant to Pennsylvania Rule of Professional Conduct 1.16, a Rule is hereby issued upon the Plaintiff and Defendant, to show cause why Counsel's Petition should not be granted. Rule returnable within Tiv Distribution: days of service thereof. BY THE COURT: Xnthony T. McBeth, Esq, 407 North Front Street, Harrisburg, PA 17101 /aw Offices of Peter J. Russo, 5006 East Trindle Road, #100, Mechanicsburg, PA 17050 p('?a Kelli R. Burkey, 8 West Pine Street, Enola, PA 17025 A ? ??" ? ?? C<, ..r.?, _..,. y,xb r. „..?, '?? ' ti ?=, ? .P ? . . ?ti , 111 ? 1.? 4, i v? '" . ,.: W? ? ?? G r'.' Anthony T. McBeth, Esq 407 North Front Street, First Floor Harrisburg, PA 17101 (717) 238-3686 atmlawl@verizon.net Attorney for Defendant LAW OFFICE OF PETER J. RUSSO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND, PENNSYLVANIA V. : NO. 09-1579 Civil Term KELLI R. BURKEY, : CIVIL ACTION - LAW Defendant DEFENDANT'S PRELIMINARY OBJECTIONS PARTIAL FAILURE TO STATE A CLAIM PURSUANT TO PA.R.CIV.P. 1028(a)(4) 1. Plaintiff purports to seek legal fees due to Plaintiff. 2. Part of the relief that Plaintiff seeks, purportedly pursuant to a written fee agreement, is a request for attorney's fees involved in collecting its own fee, in a minimum amount of twenty percent of the amount purportedly due. 3. Plaintiff also purports to seek interest at the rate of 18% per annum. 4. Both of the items that Plaintiff seeks as described in the previous two paragraphs are not legally enforceable contract terms; instead (particularly with respect to the attorney's fees for Plaintiff's own collection, handled by personnel in its own office) constitute an unenforceable penalty and are not or should not be collectable pursuant to Pennsylvania law. 5. To the extent described in the previous paragraph, Plaintiffs complaint fails to state a claim upon which relief may be legally granted, and the complaint, insofar as it seeks the items that are the subject of this preliminary objection, should be dismissed. WHEREFORE, Defendant requests this Honorable Court to sustain this preliminary objection as described above, and to provide any other relief the Court deems appropriate. ? 1, J *1 % 210 e Afithony T. McB-116 Esq. Attorney for the of dan 407 North Front ., st Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I. D. # 53729 c LAW OFFICE OF PETER J. RUSSO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND, PENNSYLVANIA V. NO. 09-1579 Civil Term KELLI R. BURKEY, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Anthony T. McBeth, Esquire, hereby certify that I have served to persons listed below with the attached document, by first class mail, postage pre-paid, on the date indicated below: Elizabeth J. Saylor, Attorney at Law Law Offices of Peter J. Russo 5006 East Trindle Road, #100 Mechanicsburg, PA 17050 ZZ '}a0 / / I a Anthony T. Mc 4ft, Attorney for D fen nt 407 North FA., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 OF THE F ?Tr ? v 2009 APP 23 Pli 4: 48 ,e `. • PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for Argument Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION Plaintiff, . NO. 09-1579 CIVIL TERM V. . KELLI BURKEY, Defendant. TRIAL BY JURY DEMANDED 1. State matter to be argued (i.e. Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs' Complaint 2. Identify counsel who will argue case: a. For Plaintiff: Elizabeth J. Saylor, Esquire Address: 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 b. For Defendant: Anthony T. McBeth, Esquire Address: 407 North Front Street, First Floor Harrisburg, PA 17101 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 3, 2009 lJ. Saylo , squire Attorney for Law Offices of Peter J. Russo, P.C. Dated: April 23, 2009 -% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C. CIVIL ACTION Plaintiff, NO. 09-1579 CIVIL TERM A. . KELLI BURKEY, Defendant. TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE 1, Amber L. Southard, hereby certify that I am on this day serving a copy of the Praecipe for Listing Case for Argument upon the person(s) and in the manner indicated below: US Mail addressed as follows: Anthony T. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, PA 17101 Attorney for Defendant 4 4x- be4?0)WwV Amber L. Southard, Paralegal Date: April 23, 2009 ft'a / Ap Lo" FILED-L;, FICE Y THE P 'C", -;, OTARY 2009 APR 24 PH 3: 40 Anthony T. Mc6eth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant LAW OFFICE F PETER RUSSO, N THE COURT COMMON PLEAS Plaintiff : CUMBERLAND, PENNSYLVANIA V. NO. 09-1579 Civil Term KELLI R. BURKEY, : CIVIL ACTION - LAW Defendant DEFENDANT'S COUNSEL'S MOTION TO MAKE RULE ABSOLUTE 1. On or about April 10, 2009, the undersigned filed a Petition to Withdraw from Representation of the Defendant. 2. On April 17, 2009, this Court issued a Rule to Show Cause, making the Rule returnable within twenty days. 3. The twenty day deadline has well passed, and the undersigned is not aware of any response filed with respect to the Rule to Show Cause. 4. Accordingly, the undersigned requests that the Court make the Rule Absolute, and grant him permission to withdraw from representation, all by entering the proposed order attached hereto. 5. The Honorable Kevin H. Hess, Judge of this Court, entered the Rule to Show Cause, possibly meaning that this matter has been assigned to him. WHEREFORE, the undersigned requests this Honorable Court to make its April 17, 2009 Rule absolute and permit him to withdraw from representation of the Defendant. '?'JJAJ /I-0.7W4 ate 6 f ' Attorney for De' 407 North Froni Harrisburg, PA (717) 238-3686 Supreme Court nt irst Floor 10 D. # 53729 LAW OFFICE OF PETER J. RUSSO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND, PENNSYLVANIA V. NO. 09-1579 Civil Term KELLI R. BURKEY, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Anthony T. McBeth, Esquire, hereby certify that I have served to persons listed below with the attached document, by first class mail, postage pre-paid, on the date indicated below: Law Offices of Peter J. Russo 5006 East Trindle Road, #100 Mechanicsburg, PA 17050 Kelli R. Burkey 8 West Pine Street Enola, PA 17025 -1 Wtm 10 ate Attorney for fen ant 407 North Fr t St. First Floor Harrisburg, PA 1 (717) 238-3686 Supreme Court I.D. # 53729 w LAW OFFICE OF PETER J. RUSSO, Plaintiff V. KELLI R. BURKEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA : NO. 09-1579 Civil Term CIVIL ACTION - LAW Defendant RULE AND NOW, this _ day of Gili-1), , 2009, upon consideration of Counsel's Petition to Withdraw from Representation Pursuant to Pennsylvania Rule of Professional Conduct 1.16, a Rule is hereby issued upon the Plaintiff and Defendant, to show cause why Counsel's Petition should not be granted. Rule returnable within Q0 days of service thereof. Distribution: BY THE COURT: J. Anthony T. McBeth, Esq, 407 North Front Street, Harrisburg, PA 17101 Law Offices of Peter J. Russo, 5006 East Trindle Road, #100, Mechanicsburg, PA 17050 Kelli R. Burkey, 8 West Pine Street, Enola, PA 17025 EXAi 8 IT "A 0 ilF(D..., -Fi(J_ OF T Hr_ f I L 1 t. I i AR tvv C ?. J 1 .,. Yt 1;;;4 * w 16 MAY 2 2 2009( f LAW OFFICE OF PETER J. RUSSO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND, PENNSYLVANIA V. NO. 09-1579 Civil Term KELLI R. BURKEY, : CIVIL ACTION - LAW Defendant QRDER AND NOW, this Lf. day of May, 2009, upon consideration of Defendant's Counsel's Motion to Make Rule Absolute and the record disclosing no response to counsel's prior Petition to Withdraw from Representation Pursuant to Rule of Professional Conduct 1.16 (this Court having issued a Rule to Show Cause, returnable within twenty days, on April 17, 2009), it is hereby ORDERED that Defendant's counsel's Motion is granted. Anthony T. McBeth, Esquire is hereby permitted to withdraw from representation of the Defendant. Distribution: ./ ''`nthony T. McBeth, Esq, 407 North Front Street, Harrisburg, PA 17101 ? Law Offices of Peter J. Russo, 5006 East Trindle Road, #100, Mechanicsburg, PA 17050 Kelli R. Burkey, 8 West Pine Street, Enola, PA 17025 C?oPOes .,IZXC4?- -! gl;- '3/0 ? BY THE COURT: R A t y? a..` 4 _ ?l LAW OFFICES OF PETER J. RUSSO, P.C., Plaintiff vs. KELLI BURKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1579 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS AND EBERT, J.J. ORDER AND NOW, this If' day of June, 2009, the preliminary objections of the defendant are OVERRULED and the defendant is directed to respond to the plaintiff's complaint. BY THE COURT, ./ Elizabeth J. Saylor, Esquire For the Plaintiff Kelli Burkey 8 W. Pine Street Enola, PA 17025 :rlm Cop, ES rw2 t, I &/1 sl0 9 t±f -? FILE :- 2009 AN 15 i`i'i CI: 0 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Richard S. Wade, Esquire Attornev I.D. 209843 305 North Front Street P.O. Box 999 Harrisburg. PA 17108 (717) 441-7051 Attorneys for Defendant Timothv A. Clark. M.D. DENISE L. KURR, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY MARCONI, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-1600 CIVIL ACTION -LAW MEDICAL MALPRACTICE HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL; MARK A. JURY TRIAL DEMANDED OSEVALA, D.O.; AND TIMOTHY A. CLARK, M.D., Defendant NOTICE TO PLEAD TO: Plaintiff and counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Date: r -0 By: Thomas, & Hafer, LLP Attorney I.D. 17884 Richard S. Wade, Esquire Attorney I.D. 209843 LAW OFFICES OF IN THE COURT OF COMMON PLEAS OF PETER J. RUSSO, P.C. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :DOCKET N0.2009-1579 KELLI BURKEY Defendant :CIVIL PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter a judgment of default in favor of plaintiff Law Offices of Peter J. Russo, P.C. and against defendant Kelli Burkey for her failure to respond to the complaint in this action within the required time. Judgment was entered against Defendant by the Honorable Thomas A. Placey on February 20, 2009. Defendant's counsel filed an Appeal on or about March 12, 2009. Plaintiff filed and served Defendant's counsel the Complaint on March 24, 2009, via US Mail. The complaint contains a notice to defend within 24 days from the date of service thereof. On or about April 14, 2009, Plaintiff served Defendant's counsel a Notice of Praecipe to Enter Default Judgment via US mail. On or about April 9, 2009, Defendant's counsel filed a Petition to Withdraw from Representation Pursuant to Pennsylvania Rule of Professional Conduct 1.16. The Honorable Kevin A. Hess entered a Rule to Show Cause on April 17, 2009. Defendant's counsel filed Preliminary Objections on or about April 22, 2009. Plaintiff filed a Praecipe for Listing Case for Argument on or about April 24, 2009, to which the case was listed for Argument on June 3, 2009. On or about May 20, 2009, Defendant's counsel filed a Motion to Make Rule Absolute. Plaintiff filed a Responsive Brief to Defendant's Preliminary Objections on or about May 22, 2009. An Order was entered by the Honorable Kevin A. Hess on May 27, 2009, granting Defendant's counsel's Motion to Make Rule Absolute. A Brief was not filed by Defendant, nor did Defendant appear at Argument Court. The Honorable Judges Hess and Ebert entered an Order on June 15, 2009, overruling Defendant's Preliminary Objections and requiring Defendant to respond to the plaintiff's complaint. Attached as Exhibit "A" is a copy of Plaintiffs' Written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the defendant at her last known address on April 14, 2009, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment in favor of Plaintiff and against Defendant in the amount of $2,444.89 plus costs of suit. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Date: 7 ~~- Oy Attorney I.D. No. 72897 to 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 Y,. 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 . N0.09-1579 v. KELLI BURKEY, Defendant TRIAL BY JURY DEMANDED TO: KELLI BURKEY DATE OF NOTICE: Apri114, 2009 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 IlVIPORTANT 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 MAYBE 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 THE LAW OFFICE OF PETER J. RUSSO, P.C. l,, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES OF PETER J. RUSSO, P.C., Plaintiff v. KELLI BURKEY, Defendant CIVIL ACTION N0.09-1579 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 Praecipe to Enter Default Judgment, upon the following person, in the manner indicated: Service by US REGULAR MAIL: Anthony T. McBeth, Esquire 407 North Front Street First Floor Harrisburg, PA 17101 Attorney for Defendant DATE: y ~L~ ~ .~~'~.Z% ~ J ~~~,L~'/~~~~1.~\ Amber L. Southard Parale al g LAW OFFICES OF ITd THE COURT OF COMMON PLEAS OF PETER J. RUSSO, P.C. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :DOCKET N0.2009-1579 KELLIBURKEY Defendant Cx V1L CERTIFIC. TE OF SERVICE I, Amber L. Southard, hereby ce~-~ fy that I am on this day serving a copy of the Praecipe to Enter Judgment upon the per.~n(s) and in the manner indicated below: Service by US REGULAR MAIL: Kelli Burkey 8 W. Pine Street Enola, PA 17025 DATE: ~' ~ 3 J u9 .~~~~~~Q. t~i~~~ Amber L. Southard, Paralegal ~~ E ~ ~~,~ ' I; ~,1 ^;~Y ~ ;~i"ie ;: , ~; ~_. c~ .327 J~'~ ~' 1 z a-- ~ ~! ~.~ moo t L~l~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russp, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email• prusso~a pirlaw.com Attorneys for Plaintiff LAW OFFICES OF : IN THE COURT OF COMMON PLEAS OF PETER J. RUSSO, P.C. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, :DOCKET N0.2008-4185 DAVID BURKEY . Defendant :CIVIL LAW OFFICES OF : IN THE COURT OF COMMON PLEAS OF PETER J. RUSSO, P.C. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, :DOCKET NO. 2009-1579 KELLI BURKEY Defendant :CIVIL PETITION FOR CONSOLIDATION AND NOW, COMES the above-named Plaintiff who petitions this Court to consolidate the two above listed actions and in support thereof avers as follows: 1. Plaintiff, The 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. Defendants are David Burkey and Kelli R. Burkey, who have .a mailing address of 8 W. Pine Street, Enola, PA 17025. 3. Defendants are married. 4. Plaintiff and Defendants entered into a written Fee Agreement regarding legal services. The Fee Agreement is attached hereto and incorporated herein as Exhibit A. 5. Despite repeated attempts of Plaintiff, Defendants refused to remit payment to Plaintiff per the Fee Agreement. 6. On or around February 20, 2008, Plaintiff filed a District Justice action against Defendant David Burkey. 7. On or around May 27, 2008, the Honorable Judge Thomas A. Placey entered a Judgment for the Plaintiff and Against Defendant David Burkey in the amount of Two Thousand One Hundred Eighty One Dollars and Fifty Six Cents ($2,181.56). 8. On or around July 14, 2008, Plaintiff filed a Writ of Execution and Entry of Judgment against defendant David Burkey in the amount of Two Thousand One Hundred Eighty One Dollars and Fifty Six Cents ($2,181.56). 9. On or around August 5, 2008, Defendant Kelli Burkey filed a Property Claim pertaining to the Writ of Execution. 10. On or around August 13, 2008, Plaintiff filed a District Justice action against Defendant Kelli Burkey regarding the legal services rendered. 11. On or around February 10, 2009, the Honorable Judge Thomas A. Placey entered a Judgment for the Plaintiff and Against Defendant Kelli Burkey in the amount of Two Thousand Four Hundred and Forty Four Dollars and Eighty Nine Cerits ($2,444.89). 12. On or around July 17, 2009 Plaintiff filed an Entry of Judgment against Defendant Kelli Burkey in the amount of Two Thousand Four Hundred and Forty Four Dollars and Eighty Nine Cents ($2,444.89). 16. Plaintiff believes both parties are joint and severable liable far the amount owed under the agreement. WHEREFORE, Plaintiff requests that this Honorable Court consolidate both actions under one docket for purposes of collecting the judgment that is owed to the Plaintiff. Res sub LAW OFFI F P . ~ USSO, P.C. 5(Peter J. Russo, Esquire Attorney LD. 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 VERIFICATION I, ~~ j _ ~~,1SSb ,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: -1 ~ 23 I O~ ~e `~ .~ . ~l.1SSCQ --r Print Title: /~i-4-prne'y ---~~ Signature ''------- EXHIBIT A • e, y ~.. 1 ~. Law D~fices Of Peter J. Russa,l'.C. ATTORNEYS AT LAW 3800 Market Street, Camp Hill, PA 17011 Phone: (717) 591-1755 Fax: (717) 591-1756 Peter J. Russo, Esquire Scott A. Stein, Esquire John N. Papoutsis, Esquire Elizabeth J. Saylor, Esquire GENERAL LI77GATIONFEEAGREEMENT Dear Client, This is to confirm our conversation, at which time we discussed the following legal concern: 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 attorney-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 tune 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 ma ~ in accordance with the attached schedule. Anon refundable retainer of $1,50 00 is required before any work can be undertaken on your behalf. Your bal 1 not fall be w $100.00 at any given time. CLIENT'S INITIALS . ~~? ~~~~ Client's Initials ~~ i _ Page One of Four Page Two of Four General Litigation Fee.4greement 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 Iaw 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. We cannot finance your litigation and it is therefore necessary that you make payment as bills are rendered. Prompt payment in frill 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. ff 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. 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 temnnate 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 wo~}~d be unethical or impractical. Client's Initials Page Two of Four . ~ ~- ~~ Page Three of Four Genes al Litigation Fee Agreement 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 aze 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 anyth%ng important. 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 maybe 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. f Client's Inifial ~~ ~ Page Three of Four ~ / r~ Page Foa~r of Four General Litigation Fee~fgreement If you do not wish to retain counsel at this tune, you may an-ange 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 O( ffices of Peter J. Russo, P.C~. "~"""--~----~ ' ~ ~ -`-"~ _ have read the foregoing four pages understand the terms conditions of this ment and they are acceptable to rne. signature herein is my express aclrnowledgment and acceptance of the terms of this Agreement. Date: ~ 3 ~ ~) „ and My ,~ f ,~.. Client CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Motion for Consolidation, upon the following person, in the manner indicated: Service by US FIRST CLASS MAIL: David Burkey 8 W. Pine Street Enola, PA 17025 Pro se Defendant Kelli Burkey 8 W. Pine Street Enola, PA 17025 Pro se Defendant DATE: --) ~ l ~~`!!c , l7C .~~~ 3! ~~ Amber L. Southard, Parale al g r en ., „ ~ r.~ Lug ~f.'~. ~.4 f'~ ~~: 4i ~, ,. u" '" .. .Ji'd ; t .. ~ _. ,~