HomeMy WebLinkAbout10-6587SUSAN KAY CANDIELLO,
PLAINTIFF
V $.
DANIEL GLEN GARNER and,
GINGER ANN LONG,
DEFENDANTS
IN THE COURT OF COMMON PLEA
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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NO. 2010- l S~ CIVIL TE
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CONTRACT LAW v o
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PETITION FOR BREACH OF LEGAL CONTRACT ~
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Plaintiff, Susan Kay Candiello, files this Petition for Breach of Legal Contract, and in
support thereof, avers as follows:
1. Plaintiff, is an adult individual, an attorney practicing law presently at 4010 Glenfinnan
Place, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendants are adult individuals, residing at RR2 Box 503, Richfield, Juniata County,
Pennsylvania, 17086.
3. Defendant, Daniel Glen Garner, on June 2, 2006, engaged the services of the Plaintiff
for his custody, support and divorce matters. (Please see a copy of the Representation
Employment Contract, signed by the Defendant, Daniel Glen Garner attached hereto and made a
part hereof at Exhibit "A".)
4. In the Employment Contract Defendant, Daniel Glen Garner, agreed to pay $100.00
biweekly.
5. Defendant's custody, support and divorce matters, were very difficult, numerous legal
interventions and hearings were required to bring Defendant from: Minimal visitation with his
daughter to primary physical custody of his daughter during the school year; From paying child
support to receiving child support; From being married to being divorced.
6. Defendant, Daniel Glen Garner, has not made any payments for more than two (2)
years, although continuing to tell Plaintiff he would begin making regular payments.
7. Plaintiff has offered Defendant, Daniel Glen Garner, several different terms and offers
to pay this bill, but, Defendant, Daniel Glen Garner, has refused to utilize any of the terms and
offers to pay his legal fees.
8. Defendant, Ginger Ann Long, on February 6, 2007, engaged the services of the
Plaintiff for her custody, support and divorce matters. (Please see a copy of the Representation
Employment Contract, signed by the Defendant, Ginger Ann Long attached hereto and made a
part hereof at Exhibit "B".)
9. Defendants, Daniel Glen Garner and Ginger Ann Long have resided together as
boyfriend and girlfriend for several years. Both have stable employment, Defendant, Daniel Glen
Garner with Norfolk Southern RR and Defendant, Ginger Ann Long is a Licensed Practical
Nurse, employed by local health care facilities.
10. Defendants, Daniel Glen Garner and Ginger Ann Long requested to have Defendant,
Ginger Ann Long's legal expenses placed on Defendant, Daniel Glen Garner's bill.
11. Defendants, Daniel Glen Garner and Ginger Ann Long's legal expenses as of
October 1, 2010 are Thirteen Thousand Four Hundred Nineteen Dollars and No Cents
($13,419.00). (Please see a copy of the billing statement attached hereto and made a part hereof
at Exhibit "C".)
12. Defendants, Daniel Glen Garner and Ginger Ann Long have breached their contracts
with the Plaintiff, Susan Kay Candiello.
WHEREFORE, Plaintiff, SUSAN KAY CANDIELLO, respectfully requests that this
Honorable Court find the Defendants, DANIEL GLEN GARNER and GINGER ANN LONG,
to be in breach of the Representation Employment Contract and ORDER Defendants, DANIEL
GLEN GARNER and GINGER ANN LONG, to immediately make full payment to Plaintiff,
SUSAN KAY CANDIELLO of the sum Thirteen Thousand Four Hundred Nineteen Dollars and
No Cents ($13,419.00) for their legal fees and expenses. Defendants, DANIEL GLEN
GARNER and GINGER ANN LONG shall pay all counsel fees, costs and expenses Plaintiff,
SUSAN KAY CANDIELLO, incurred in bringing this action to court and such additional
damages as the court deems appropriate and necessary..
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: October 12, 2010
Counsel,f Plainti
PA LD. # 4998
4010 Glenfi lace
Mechanicsburg PA 17055
(717) 724-2278
/~~~
EXHIBIT "A"
REPRESENTATION EMPLOYMENT CONTRACT
By this contract I hereby employ Susan Kay Candiello, Esquire, of the Law Firm of
Susan Kay Candiello, P.C. as my attorney, and such of their agents and employees as
they may use to take such action as they deem necessary to represent me in all matters
relating to the custody and support of my child.
Fees are based primarily upon the amount of time, work, and effort invested in this case.
Records are kept as to all work done in this case, including, but not limited to all
research, meetings attended, telephone calls from the undersigned, telephone calls to
others involved in this case and telephane calls to opposing counsel, traveling to and
from hearings and meetings, and preparing letters and documents. Time is recorded is
increments of one-tenth (ll10) of an hour. At the present time, the hourly rate for
an attorney is $150.00. Although we do not expect a change in that hourly rate in the
near-term future, it is possible the hourly rate will change during our services to the
undersigned, particulazly if this case becomes a long and protracted one. This fee
arrangement is for the undersigned to pay a fee calculated upon the hourly rate in effect at
the time the work is done for the undersigned. Should this hourly rate change the
undersigned will receive notice of that change. ~(~,~ Initials)
The undersigned realizes no representation as to the total amount of time or cost to
resolve this case bas or will be made. The resolution of this case is dependent upon
numerous variables which are not controlled by the attorney. Because every case is
unique and because the outcome depends on so many variables, the undersigned
recognizes ao specific result(s) can be guaranteed. Any expressions relative to an
outcome are only attorney opinions and are not a guarantee. ( ~~r Initials)
The undersigned agrees to the following payment schedule:
The undersigned agrees to pay all costs and expenses incidental to the preparation of this
case including, but not limited to, court costs, court reporter fees, facsimile chazges,
runner expenses, expert witnesses, investigators, copies, subpoena service and out-of-
pocket expenses. The undersigned authorizes the attorney to incur such expenses as the
attorney deems necessary. The undersigned gives the attorney the discretion to
postpone any action on this case until the undersigned has deposited su~Picient funds
to Dover these expenses. ( ~L~ Initials)
Should the undersiigned fail to follow the attorney's instruction, misrepresent or fail
to disck-se material facts, fail to pay the undersigns' billing account within thirty
(30) days of billfng or fail to provide the requested escrow payment or security when
requested, the attorney is authorized to withdraw as counsel, to file suit and to take
such steps as the attorney deems appropriate to collect the balance due and owing.
The undersigned agrees to execute any documents necessary to enable the attorney
to withdraw. Aflter the attorney withdraws or is discharged the attorney shall have
the authority to pursue collection against the opposing party for any fees or
expenses due the attorney by order or agreement ~nsequential to this matter.
Should the attorney be called upon to collect said fees and expenses or defend the
attorney's representation of the undersigned including but not limited to any
admin~trative actions the undersigned agrees to pay for the time, fees and expenses
involved in such collectirn or defense. (~. ~~ Initials)
Any attorneys fees obtained in this case by the attorney shall be credited to the
undersign's account. If a fee paid by the opposing party agreement or order is larger than
the amount owed then the remainder shall be held in escrow as an advance deposit for
future services. At the conclusion of the representation all remaining balances shall be
reimbursed to the undersigned. The undersigned recognizes they ate responsible for
paying all of the attorney's fees and expenses even if there is a judgment outstanding
against the opposing party. ( ~•~ Initials)
All fee payments due will be assessed a late fee of 1.5% of the amount due if not paid
within thirty (30) days of the billing date or on the agreed alternative payment date.
Dishonored checks will incur a Thirty Dollar ($30.00) dishonored check fee. All costs of
collection of a past due account, including court costs and attorney's fees will be paid by
the client. (~ G Initials)
The undersigned agrees in consideration of the terms herein not to discharge unpaid
legal fees in any chapter under the bankruptcy code and acknowledges waiving that
right. ( ~• r Initials)
I encourage you to discuss with me any questions you have about the nature or quality of
the representation I provide to you. Misunderstandings can be costly and I wish to avoid
them whenever possible.
I RAVE READ THE ABOVE LEGAL REPRESENTATION EMPLOYMENT
CONTRACT AND IT CORRECTLY SETS FORTH MY UNDERSTANDING IN
REGARD TO MY FEE ARRANGEMENTS AND REPRESENTATION BY
SUSAN KA.Y CANDIELLO, ESQUIRE.
DATED: ~ ~' ~ f ~~~i~s~ y~'Lt~~
D NIEL GLEN GARNER
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EXHIBIT `~B"
REPRESENTATION EIl~PI,+(3`~1VIENT CONTRACT
By this contract l hereby employ Susan Kay Candiello, Lsc}uire, of the Law Firm of
Susan Kay Candiello, P,C. as my attorney, and such of their agents and employees as
they may use to take such action as they deem necessary to represent me in all matters
reiatirrg to my divorce.
Fees are based primarily upon the amount of time, work, and effort invested in this case.
Records are kept as to all work done in this case, including, but, not limited to all
research, meetings attended, telephone calls from the undersigned, telephone calls to
others involved in this case and telephone calls to apposing counsel, traveling to and
from hearings and meetings, and preparing letters and documents. Time is recorded in
iuncrements of one-tenth (1/10} of an hour. At the present time, the hourly rate for
an attorney is $150.00. Although we do not expect a change in that hourly rate in the
near-term future, it is possible the hourly rate will change during our services to the
undersigned, particulazly ifthis case becomes a long and protracted one. This fee
arrangement is for the undersigned to pay a fee calculated u~nan the hourly rate in effect at
the time the work is done for the undersigned. Should this hourly rate change the
undersigned will receive notice of that change. ~ L Initials)
The undersigned realizes no representation as to the total aanount of bane or cost to
resolve this case has or will be anode. The resolution of this case is dependent upon
numerous variables which are not controlled by the attorney. Because every case is
unique and because the outcome depends on so Weeny variables, the undersigned
recognizes no speck result{s) can be guaranteed..t~ny expressions relative to aaa
outconZe are only attorney opinions goad are mot a gaaaraaatee. ~ !<%! Initials)
The undersigned agrees to the fallowing paynme~-# s~eheduled
The undersigned agrees to pay all costs and expenses incidental to the preparation of this
case including, but not limited to, court costs, court reporter fees, facsimile charges,
runner expenses, expert witnesses, investigators, copies, subpoena service and out-off
pocket expenses. The undersigned authorizes the attorney to incur such expenses as the
attorney deems necessary. The undersigned gives the attorney the discretion to
postpone any action on this case until the undersigned has deposited su~cieaat funds
to cover these expenses. { ~~ Initials)
Should the undersigned fail to follow the attar!aey's instruction, misrepresent or fail
to disclose material facts, fans to pay the undersigns' billing account wntl~nffi this
(~~} days of bitting or fail to pt~ovide the r+aested e~ssrow pay.ent or se+~~ari?y wl~er~
requested, the attorney is anthmrized to withdraw as eo~ansei, to file snit and to take
such steps as the attorney deems appropriate to collect the valance o~ue and o~cvn~tg.
The u~dtrsigu~l agrees to e~~ut+e any document x~~acessary to en~hle the a~ttor~ey
to withdraw. After the attorney withdraws or is discharged the attorney shall have
the authority to pursue collectiofl~ agannst the opposing party far any fees or
expenses due the attorney iry order or agreement canseq~uentia~l to this. ~-atter.
Should the attorney be called upon to collect said fees ar~d expenses or defend $ihe
attorney's representation. of the undersigned including Il~nt na~t limited to apy
administrative actions the undersign~4 agrees tee pay for the thne, fees a»ct expens;
involved nn such collection or defense. { ~'t-- s"~stials~
Any attorneys fees obtained in this case by the attorney shad bz credited to the
undersign's account. >if a fee paid by the opnosir~g party a.eernes~t ~sr Dreier is larger than
the arno~unt owed then the remainder si-~aii held in escrow as an acivax~ce desit f
future services. At the conclusion of the representation ail rerrnairaing balances shall be
reimbursed to the untiersi ;natl. ~'he undersigoed recognises they are responsible for
paying all of the aztz}rr~y's fps .ed npersas W ~~v~b 3~ ~;,°~ is a~;.°dgyil~ :~t1ts~~rdf~g
against the opposing party . { ~ ~- _ initials
All fee payments clue vvilli i~ a,sessea a axe gee of i .~% of e aunount due ii not paid
within thirty (30) Clays of the b~liflng date or on the agreed attera~a#flve payment slate.
Dishonored checks will incur a Thirty Dollar (~3~.OCtt dishcsnored check fee. fi.a- costs tys
collection of a past due aceour~t, including couri costs anti attorney's #`ees will be paid by
the client. { ~~ fnitials~
The undersigned agrees in consideratioa~ of the terms )iaerein not to disclharge ~xnpaid
legal fees in an chapter under the hanltptey soda axed a~clcnowledges waiving that
right; ( ~~ initi~is)
i encourage you to discuss with me any ~uestioras yon have about tl'i€ r~~e or tlua.lity of
the xe~rresen*~t~n i provit~ to ~rou. trffsunde~~t'~i' ~a~~ be ,c~yT au~d f ~ ash icr d~;-oid
them, whenever possible.
I ;EfA~ REAf9 Tli3[E ~.~0~ i.EGAiL I~pRiiSEiv'~'`A"ftON E~'t.,f)Y?vdE~l"I
CONTRACT AND IT CORRECTL'~ SINS FORTD ' t3NDERST~.NI3~NG ~N
REGARD TO iVl~ FEE ARR.~~VGE?V>~Y+.NTS .AND RE~'RESI~lrT'1"AT)<ON ~"~
SY~SAN ]ECAY C'ANDIELLO, ES~QDtW
n; ~;
DATED: ~_~ ~^ I~ ~~, ~ ,r ~_ ,-l, ~,t ~ ~.., z~~~--
G;tNG ~.`+T i.ONG
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EXHIBIT "C"
LAW FIRM OF SUSAN KAY CANDIELLO
Nurse/Attorney
4010 Glenfinnan Place, Mechanicsburg, PA 17055
(717) 724-2278 Fax: (717) 724-2279
Daniel Glen Garner
RR #2 Box 503
Richfield, PA 17086
Invoice Date: October 1, 2010
Balance Forward: $ 13,220.85
Date Description Time Expenses Payments Amount
No Payment September, 2010
Total New Expenses $ 0.00
Interest (1.5%) on Balance over 30 Days $ 198.31
Balance Due $13,419.16
SUSAN KAY CANDIELLO, IN THE COURT OF GOMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V.
DANIEL GLEN GARNER AND
GINGER ANN LONG,
DEFENDANTS NO. 10-6587 CIVIL
ORDER OF COURT
AND NOW, this 22"d day of October, 2010, upon consideration of
Plaintiff s Petition for Breach of Legai Contract and the Court noting that this is a
claim for Breach of Contract for failure to pay for legal services,
IT IS HEREBY ORDERED AND DIRECTED that the Petition is
DISMISSED without prejudice in order to allow Plaintiff to file a Complaint and
Notice to Defend pursuant to the Pennsylvania Rules of Civi! Procedure.
By the Court,
~~
Susan Ka Candiello E u'
y sq ire
Plaintiff
~aniel Garner
Ginger Long
Defendants
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SHERIFF'S OFFICE OF CUMBERLAND
Ronny R Anderson
Sheriff
?$?,tztr o[ ? ?tutGer fr?r?
Jody S Smith
Chief Deputy , ti,rt
Richard W Stewart
Solicitor V?F.CE': F '"F'"ER'FF
COUNTY C3
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Susan Kay Candiello, PC
vs.
Daniel Glen Garner (et al.)
Case Number
2010-6587
SHERIFF'S RETURN OF SERVICE
10/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: H. Thomas Lyter, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Juniata County, PA to serve the within Petition for Breach
of Legal Contract according to law.
10/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Ginger Ann Long, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Juniata County, PA to serve the within Petition for Breach
of Legal Contract according to law.
10/25/2010 02:54 PM - Juniata County Return: And now October 25, 2010 at 1454 hours I, H. Thomas Lyter, Sheriff
of Juniata County, Pennsylvania, do herby certify and return that I served a true copy of the within Petition
upon the within named defendant, to wit: Ginger Ann Long by making known unto Daniel Glen Garner,
Husband of defendant at RR2 BOX 503, Richfield, PA 17086 its contents and at the same time handing to
him personally the said true and correct copy of the same.
10/25/2010 02:54 PM - Juniata County Return: And now October 25, 2010 at 1454 hours I, H. Thomas Lyter, Sheriff
of Juniata County, Pennsylvania, do herby certify and return that I served a true copy of the within Petition
upon the within named defendant, to wit: Daniel Glen Garner by making known unto himself personally, at
RR2 BOX 503, Richfield, PA 17086 its contents and at the same time handing to him personally the said
true and correct copy of the same.
SHERIFF COST: $53.44
November 18, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c CountySuite Shenff. Teleosoft. c.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
??,???tir o{ `uir?Grr????
QFFi-'E OF--z1 rERIFF
Richard W Stewart
Solicitor
Susan Kay Candiello, PC
Case Number
vs. 2010-6587
Daniel Glen Garner (et al.)
SERVICE COVER SHEET
Category: !Civil Action - Petition Zone:
Manner. Deputize I Expires: i_,.11/17/2010 Warrant.
Notes:
Name: -Daniel Glen Garner -
Primary RR2 Box 503
Address: ,Richfield, PA 17086
Phone:
Alternate
Address:
Phone:
i
I
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Served: Perso Ily Adult In Charge Posted Other
I ._.? . __. ?_._.. ?-,,...._?.?...
Adult In
Charge nn n; P 1 _Glen Relation ;
.-Def-e.n nt _ ?..w.... _.-i
Date:
111111-0 Time:
2 54 PM
Deputy Stimetin Mileage: 13 _-
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Name: iLaw Firm of Susan Kay Candiello, PC Phone: 717-724-2278
Service Cost $18.00 rs,
Affidavit 4.00
Mileage 13.44 So oif f of Jun
dotal $35. _4 Refund- $39..5-6 -CO
Now, October 19, 2010 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sherniata County to// /p
execute service of the documents herewith and ma tkW$ nbecil id rtp w. N
Return To---
Cumberland C1o;w?ty Sheriffs Office 1>? day pf
One Curt, ware
fly,
Carlisle, iii onny R Anderson, Sheriff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Andersond?itr at cn,rn6r
Sheriff 4t
Jody S Smith Richard W Stewart
Chief Deputy oFFICECP'"F -ERIFF Solicitor
Susan Kay Candiello, PC Case Number
vs.
Daniel Glen Garner (et al.) 2010-6587
SERVICE COVER SHEET
Category: rciv?I Action - Petition I Zone: i
Manner: Deputize Expires: 11/17/2010 i Warrant:
Notes:
i
j
Name: Ginger Ann Long
Primary RR2 Box 503
Address: Richfield, PA 17086
3
Phone:
Served: Personally - Adult In Charge • osted • Other
Adult In
Charge: Daniel_Garner
Relation: Husband of Defendant
Altemate
Address:
Phone:
m..... r_. .,...,.._ ._?..m-
Date: 110/25/10, Time: 1 2:54 PM 1
Deputy. JS Mileage: 13
Name: Law Firm of Susan Kay Candiello, PC Phone: r17 724-2278
Date: 10/25/10 10/25/110
Time: 1:57 P 2:54 PM
Mileage: 13 13
Deputy: JR ITS
See other return for costs
Now, October 19, 2010 I; Sheriff of Cumberland County, Pennsylvania do hereby deputize the, Sheriff of Juniata County to
execute service of the documents herewith and rf64W d1li law. %
'
Retum To:
Cumberland County Sheriffs Office
One Courthouse Square
Carlisle, PA 17013 oriny R Anderson, Sheriff
ATTEMF!W §EF
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