HomeMy WebLinkAbout11-3822COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. //- ZP$ao1 diVril 1erJA
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
N E OF APPELLANT MAG. ISTe=. NAME F D.J.
ADDRESS OF APPELLANT e CITY STATE P CODE /
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IN THE CASE OF (Plaintiff') 1 (Defenda /
DATE F JUDGME T
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This block will be signed ONLY when this notation is required under Pa. If appellant was
R.C.P.D.J. No. 1008B. '
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary 66 t
y ?. appellee(s), to file a complaint in this appeal
Enter rule upon 4 " ` CS-y- i ,CI, /)t.
of appellee(s)
er ent judg non pros.
(Common Pleas No. ril _ 366:l Ciyulerm ) within twenty (20) days =Q:-
> Signature o1 ppellant or atfomey or agent
RULE: To 'f/)? / ? &N; I a ? V C 1 appellee(s)
Name of appel (s)
(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, a 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: 20 ?f Signature of Prothonotaryor Deputy -1, _"e_?w ?
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEA .
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT. I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on
(date of service) 20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of affiant
Signature of official before whom affidavit was made
Title of official
My commission expires on
20
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COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/TransCrirt Civil
COUNTY OF CUMBERLAND
Case
Mag. Dist. No: MDJ-09-1-03
MDJ Name: Honorable Richard S. Dougherty
Address: 98 South Enola Drive, Suite 1
Enola, PA 17025
Telephone: 717-728-2805
Kevin F Staveley-o'Carroll
322 Olde Meadow Lane
Hershey, PA 17033
Disposition Summary
Maria P Cognetti
V.
Kevin F Staveley-o'Carroll
Docket No: MJ-09103-CV-0000421-2010
Case Filed: 10/4/2010
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09103-CV-0000421-2010 Maria P Cognetti Kevin F Staveley-o'Carroll Judgment for Plaintiff 03/23/201,
Judgment Summary Joint/Several Liability Individual Liability Amount
Participant
Kevin F Stave ley-o'Carroll $0.00 $8,222.00 $8,222.00
Judgment Detail (*PostJudgment)
In the matter of Maria P Cognetti vs. Kevin F Staveley-o'Carroll on 3/23/2011 the disposition is Judgment for Plaintiff and judgment
was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $8,000.00 $8,000.00
Filing Fees $0.00 $222.00
$222.00
Grand Total: $8,222.00
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 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 OTHERW SE COMPLIES WITH THE JUDGMENT.
Date
Magisterial District Judge Richard S. Dougherty °w
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Richard S. Dougherty
MDJS 315 Page 1 of 1 Printed: 03/24/2011 8:51:43AM
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PROOF Or r;RVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAi
(This proof of? service MUST 8r LED WITHIN TEN (10) DAYS AFTER filing of the n: tice of appeal. Ch:
COMMONWE H OF EN Y!_'4' 1
COUNTY OF ss
AFFIDAVIT.
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(SWORN)
THIS
Signature of
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I hereby (swear` (, ffirm) that I served
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f,olicable boxes.)
a copy of the Nc ti::e of Appeal, Common Pleas ),7,upon the District Justice des+;;inE ted therein on
(date of service) aPl { i , 20? by personal service Q" b certifiec[;U (r, ?gistered) mail,
sender's receipt attached hereto, and upon the appellee, (name) 4„O-V on
A, _.I 20 ? by personal service 'y ( rtifi regis>tered) mail,
sender's receipt at:ached hereto.
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RMED)AND SUBS(",RIBED BEFORE ME .
DAY OF _... , 20
Signature of affiant
afore whom affidavit wa'S made
My commission expires on _.... , 20_
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COMMONWEALTH OF?ftNNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
"I
?erM
COMMON PLEAS No. " 38 a A IV
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
Z?" / f :.
1d 'e
MAQ.
4s.
CITY d
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This block will be signed ONLY when tthis notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Sowtm of Prothonotary or Depw
If appellant was
." ( ck. 4., e pr' fl".
I
RNEEGO ACaGt1T i
(see Pa.
ODE
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before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT ACID RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon`" appellee(s), to file a complaint in this appeal
Name of appeNee(s)
(Common Pleas No. f - 38a L IV t I JEftll ) within twenty (20) days after ?se71- f rule Pfs ffe t lu f non pros.
Signature of appegant or attomey or agent
IIJ
3 Cr ." . appellee(s)
RULE: To `
Name of a (s)
(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) `,Ifyou do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) .,Tflt3 dett3 of`se? of this rule if service was by mail is the date of the mailing. k
'• inP' 201 if L t ?t`
y Signature of Prothonotary or Deputy
Y4*0W* ' htU0A A COPY OF THE NOTICE OF JUI MENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
-CFLICL
1` , 7rg', -4 JNU A
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Email: mcognetti@cognettilaw.com
Attorneys for Plaintiff
'N!HMA- S AM10:01
r"!UMERLAND COUNTY
PENNSYLVANIA
MARIA P. COGNETTI, t/d/b/a
MARIA P. COGNETTI & ASSOCIATES,
Plaintiff
V.
KEVIN F. STAVELEY-O'CARROLL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 11-3822 Civil Term
NOTICE TO DEFEND
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 the 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 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 Street
Carlisle, PA 17013
(717) 249-3166
? , 1. f ?4
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Email: mcognetti@cognettilaw.com
Attorneys for Plaintiff
MARIA P. COGNETTI, t/d/b/a
MARIA P. COGNETTI & ASSOCIATES,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V.
KEVIN F. STAVELEY-O'CARROLL,
Defendant
NO. 11-3822 Civil Term
COMPLAINT
AND NOW, comes Plaintiff, Maria P. Cognetti, Esquire, t/d/b/a Maria P.
Cognetti & Associates ("Cognetti & Associates), who files this Complaint against
Defendant, Kevin Staveley-O'Carroll, and in support thereof avers as follows:
1. Plaintiff is Cognetti & Associates, a sole proprietorship consisting of two
attorneys licensed to practice and engage in the practice of law before the various state
and federal courts, with offices located at 210 Grandview Avenue, Suite 102, Camp Hill,
Cumberland County, Pennsylvania.
2. Defendant is Kevin F. Staveley-O'Carroll, an adult individual, who resides
at 322 Olde Meadow Lane, Hershey, Dauphin County, Pennsylvania.
COUNT I - BREACH OF CONTRACT
3. In March, 2009, Defendant requested Cognetti & Associates to represent
him in his family law matters, particularly, his divorce, custody and support cases.
4. Defendant agreed in writing to compensate Cognetti & Associates on an
2
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hourly basis at its regularly hourly rates plus costs of suit. This agreement was confirmed
in writing, a copy of which is incorporated herein, made a part hereof, and attached
hereto as Exhibit "A."
5. From March, 2009 through December, 2009, Cognetti & Associates
undertook such representation of Defendant. Cognetti & Associates' services included,
without limitation, the following:
a. Preparation for and attendance at a support conference;
b. Preparation of an appeal of the support decision;
C. Multiple calls and conferences with Defendant;
d. Multiple conference calls and meeting with the psychological
expert in the custody case;
e. Extensive research on drug and alcohol testing and monitoring
options in the custody case;
f. Preparation and service of numerous subpoenas;
g. Lengthy discussions with multiple witnesses;
h. Preparation for and attendance at the Pre-Trial Conference
before the Court;
i. Preparation for and attendance at the Custody Settlement
Conference; and
j. Preparation for and attendance at the Custody Hearing.
6. True and correct copies of the invoices mailed to Defendant detailing the
work performed, fees billed, and costs incurred are incorporated herein, made a part
hereof, and attached hereto as Exhibit "B."
3
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7. Cognetti & Associates mailed monthly invoices to Defendant totaling
$35,925.09 for its services.
8. To date, Defendant has paid Cognetti & Associates a total of $27,457.00
leaving a principal balance due and owing of $8,468.09.
9. Despite demand therefor, Defendant has failed and refused to pay Cognetti
& Associates the principal amount remaining due ($8,468.09).
10. The total amount demanded does not exceed the maximum for submission
to compulsory arbitration.
11. Cognetti & Associates has satisfied all conditions precedent and has
otherwise performed all obligations on its part to be performed.
WHEREFORE, Plaintiff, Cognetti & Associates, demands judgment in its favor
and against Defendant, Kevin Staveley-O'Carroll, in the amount of $8,468.09, plus
interest and costs of suit.
COUNT II - QUANTUM MERUIT/UNJUST ENRICHMENT
12. Paragraphs 1 through 11 of this Complaint are incorporated herein as
though set forth here at length.
13. The services performed and the costs incurred were necessary and were
fair and reasonable.
14. The fair, reasonable and actual value of Cognetti & Associates' services,
plus the costs incurred on behalf of Defendant, which remains unpaid is $8,468.09.
WHEREFORE, Plaintiff, Cognetti & Associates, demands judgment in its favor
and against Defendant, Kevin Staveley-O'Carroll, in the principal amount of $8,468.09,
plus interest and costs of suit.
4
, , ,
COUNT III - ACTION ON ACCOUNT STATED
15. Paragraphs 1 through 14 of this Complaint are incorporated herein as
though set forth here at length.
16. During the course of its legal representation of Defendant, Cognetti &
Associates maintained books of account on the services that it rendered and the costs that
it incurred on Defendant's behalf, which accounts are an accurate and running account of
all debits and credits for the provision of such services and incidence of such costs.
17. Monthly invoices were mailed to Defendant setting forth the services
which had been rendered by Cognetti & Associates on Defendant's behalf during the
previous month, the fair and reasonable amount being charged for the services, and any
outstanding balance due on services rendered prior to that time. True and correct copies
of the accounts sent to Defendant are collectively incorporated herein, made a part
hereof, and attached hereto as Exhibit "B."
18. During the course of Cognetti & Associates' representation of Defendant,
Defendant made payments in the amount of $27,457.00 on the outstanding balance of its
account, leaving a principal balance of $8,468.09.
19. Although Cognetti & Associates has demanded payment of the balance
due of $8,468.09, Defendant has failed and refused to pay all or any part of the balance
due to Cognetti & Associates or to otherwise contact Cognetti & Associates regarding
payment.
20. Cognetti & Associates performed its obligations under the agreement
between it and Defendant by providing valuable legal services to Defendant and incurring
5
1 . ,
costs on his behalf, the fair and reasonable principal value remaining unpaid of which is
$8,468.09.
21. Cognetti & Associates has performed its services for Defendant fully and
satisfactorily, and conformed to, and complied with, all of the terms and conditions
required of it under the agreement between it and Defendant.
22. Despite Defendant's obligation to pay Cognetti & Associates for the
services performed and costs incurred on its behalf, and despite Cognetti & Associates'
demands on Defendant for such payment, Defendant has wrongfully failed and refused to
pay Cognetti & Associates the sums due it.
23. Defendant has had an opportunity to scrutinize the accounts.
24. Defendant has never questioned or objected either specifically or generally
to any of the numerous accounts rendered.
WHEREFORE, Plaintiff, Cognetti & Associates, demands judgment in its favor
and against Defendant, Kevin Staveley-O'Carroll, in the amount of $8,468.09, plus
interest and costs of suit.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: May 4, 2011
By:
MARIA PL COQ TTI, ESQUIRE
Attorney I.D. N . 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
6
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, `
MARIA P . COGNETTI & ASSOCIATES
Attorneys & Counselors at Law
Maria P. Cognetti*
Attorney at Law
210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011
Telephone (717) 909-4060 ? Fax (717) 909-4068
Email CognettiLaw@aol.com
Practice Limited to Matrimonial Law
Margaret M. Simok
Attorney at Law
*Fellow, American Academy of
Matrimonial Lawyers
Fellow, International Academy of
Matrimonial Lawyers
April 6, 2009
PERSONAL AND ONFIDENTLIL
5 c'e- to, I-
Dr. Kevin S. Steely-O'Carroll
322 Olde Meadow Lane
Hershey, PA 17033
RE-- fETAINER
Is-.?
14 Dear Dr. O'Carroll:
Angela N. Rainey
Attorney at Law
Karen A. Sheriff
Paralegal
It was a pleasure to meet with you. Thank you very much for your confidence in
retaining us to represent you with respect to your current domestic situation. We look forward to
working with you.
The purpose of this letter is to set forth, in writing, the arrangements concerning our fee
so that we may avoid any misunderstandings. Since our financial arrangements are more
detailed and involved than one would initially think, this retainer letter is quite long. By giving
this retainer letter careful attention, once it has been signed there should be no reason for future
questions or disputes about our fee arrangement. If the terms of this retainer letter raise any
questions when you read it, please be sure to raise and discuss all such questions with me prior to
your signing and returning it to me.
This retainer letter will set forth, in a writing signed by both of us, our complete
understanding and agreement with regard to your retention of Cognetti & Associates to represent
you in your domestic situation. All agreements pertaining to fees are contained within the.
provisions of this retainer letter. We have no side agreements, nor oral understandings, that
modify this retainer letter. Any modification of this retainer letter will be valid only if contained
in a writing signed by each of us.
As we discussed, your bill will be based upon our hourly rates for all time devoted to
your case at the hourly rates for the attorney and/or paralegal performing the service and the
periods during which services were performed based upon intervals of tenth(s) of an hour. We
Dr. Kevin S. Stavely-O'Carroll
April 6, 2009
Page 2
try to have the work done at the level which will be most efficient in terms of rates and costs to
you. The time charged includes, but is not limited to, not only meeting with you and court
appearances, but also drafting and reviewing pleadings and correspondence, telephone
conversations with you, your spouse=s attorney and other parties, time spent with witnesses,
legal research and travel.
At the current time, our hourly billing rates are:
Maria P. Cognetti, Esquire $350.00
Associates $150.00 to $200.00
Paralegals $50.00 to $125.00
Law Clerks $25.00 to $50.00
To the extent that services of other lawyers, paralegals and support staff persons are used
in any manner directly connected with your case, you will be billed at the then current hourly
rate being charged by Cognetti & Associates for the services of those persons.
There will be no increase in the hourly fee rates charged to you during the first six (6)
months of your representation by Cognetti & Associates. Since it is possible that your case will
be conducted over an extended period of time, Cognetti & Associates shall have the right to
adjust the hourly fee rates in accordance with then current billing practices upon the condition
that you are given at least thirty (30) days= advance notice of any change in the fee structure.
Upon the effective date of any fee rate change as set forth in any such notice, your hourly
fee rate thereafter shall be adjusted to the new rate unless we come to some other specific
written agreement with regard to said hourly fee rate. You specifically agree that by your
acceptance of legal services after said thirty (30) days= advance notice, you shall have
consented to the said fee increase and that you will pay fees at the higher rate.
In addition to charges for professional services, you will be responsible for timely
reimbursing us for all of our out-of-pocket disbursements, such as charges for long distance
telephone calls, filing fees paid to the court, expert, appraisal, investigative and witness fees,
travel expenses, overtime secretarial time, messengers, transcripts of depositions, telecopies and
photocopies.
We will send you monthly statements as your case proceeds containing a description of
how we have spent our time on your behalf. We reserve the right to charge interest and/or to
terminate our attorney-client relationship if you do not pay our fees and disbursements within
thirty (30) days of billing.
All statements for services by, or through, us, including all costs incurred by us for you,
or advanced on your behalf, are to be paid by you within ten (10) days from the date that said
billing statement is sent to you. If, upon your receipt of the billing statement, you have any
questions with regard to any charge set forth thereon, or any item of information contained
therein, please promptly write to me so that we may discuss these matters while they are fresh in
both our minds. I want to avoid any misunderstandings between us concerning fees or charges.
I expect you to pay your billing statements on a current basis, but I do not expect you to pay for
I 1 ?1 r
Dr. Kevin S. Stavely-O'Carroll
April 6, 2009
Page 3
services or costs which you do not understand until the item is explained to you. I do not expect
you to pay for any charges which are incorrect. Therefore, it is imperative that we resolve any
misunderstandings, or errors, relating to your billing statement immediately. If there are any
disputes as to any part of any billing statement, only the disputed amount may be withheld
and the balance shall be remitted within the time above stated.
ALL QUESTIONS ABOUT BILLING MUST BE BROUGHT TO OUR
IMMEDIATE ATTENTION, IN WRITING. IF NO WRITTEN OBJECTION IS MADE
TO A BILLING STATEMENT WITHIN THIRTY (30) DAYS OF ITS TRANSMISSION
TO YOU, THE BILLING STATEMENT SHALL BE DEEMED CORRECT FOR ALL
PURPOSES, AND YOU SHALL NOT THEREAFTER OBJECT TO ITS CONTENTS.
As we discussed, we require a retainer, which we have set at $10,000.00, and which is an
advance deposit to be applied toward payment of your future bills. It is not, however, a
minimum or maximum fee. Thus, if we conclude your case before the total hourly charges equal
the amount of the retainer, you will receive a refund of the difference. On the other hand, if the
total hourly charges exceed the amount of the retainer before our work is completed, you will be
required to provide a new retainer. At such time as your case is concluded or services are
terminated, any remaining retainer will be returned to you upon written request. Such request
must be made within sixty (60) days of such termination or conclusion, or the retainer will
convert to a non-refundable retainer and will not be returned.
Unfortunately, it is virtually impossible to estimate for you the total amount of time that
will have to be devoted to your case. That will depend upon a variety of factors, including, but
not limited to, whether hearings or a trial will be necessary, the time and effort required, the
nature and complexity of the issues involved and the degree of cooperation afforded by your
spouse and your spouse=s attorney. Similarly, we obviously cannot guarantee the results that
will be obtained, particularly since no one can predict what a court may do in a particular case.
The scope of our representation is limited to negotiations with the goal of settlement and
litigation at the trial level. In the event that you or your spouse wish to take an appeal from any
trial level decisions, we will have to discuss whether we will continue to represent you at the
appellate level.
Cases of this kind require that your attorney be as familiar as possible with all of the facts
bearing on the issues, regardless of how trivial or potentially embarrassing you may believe them
to be. Therefore, it is essential that you share all even remotely relevant facts with us.
We will, of course, keep you closely advised of the progress of your case and provide you
with copies of all correspondence, pleadings and any other relevant documents. You should
never hesitate to ask us questions, which we always welcome.
I ?. w
Dr. Kevin S. Stavely-O'Carroll
April 6, 2009
Page 4
We understand that in matters of this nature, urgent circumstances may arise which may
necessitate your talking to us immediately. Therefore, we make a strong commitment to respond
to all of your inquiries as soon as possible. However, understandably there are occasions when
we are not immediately available because of commitments to other cases. In such instances, my
secretary is given instructions as to how to reach us.
If this letter correctly conforms with your understanding of our arrangement concerning
fees and costs, we would appreciate your signing the enclosed copy of this letter in the space
indicated and returning it to me together with your check payable to Maria P. Cognetti &
Associates in the amount of $10,000.00 for our retainer. Of course, should you have any
questions or comments about this letter or the arrangements discussed above, please do not
hesitate to give me a call.
I look forward to working with you.
Very truly yours,
Maria P. Cognetti
MPC/kas
Enclosure
I HAVE READ THE ABOVE RETAINER LETTER AND IT CORRECTLY SETS
FORTH MY UNDERSTANDING IN REGARD TO MY FEE ARRANGEMENT AND
REPRESENTATION BY MARIA P. COGNETTI & ASSOCIATES. --?
DATED:
/13
AfFL11
Dr. Kevin S.
.?6 r?-O//
MARIA P . COGNETTI & ASSOCIATES
Attorneys & Counselors at Law
210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011
Telephone (717) 909-4060 ? Fax (717) 909-4068
Email CognettiLaw@aol.com
Maria P. Cognetti*
Attorney at Law
Practice Limited to Matrimonial Law
Margaret M. Simok
Attorney at Law
*Fellow, American Academy of
Matrimonial Lawyers
Fellow, International Academy of
Matrimonial Lawyers
April 6, 2009
PERSONAL AND ONFIDENTL4L
S -ue 47?-
Dr. Kevin S. Sta*eilq-O'Carroll
322 Olde Meadow Lane
Hershey, PA 17033
RE fETAINER
Ist - e Dear Dr. O'Carroll:
Angela N. Rainey
Attorney at Law
Karen A. Sheriff
Paralegal
It was a pleasure to meet with you. Thank you very much for your confidence in
retaining us to represent you with respect to your current domestic situation. We look forward to
working with you.
The purpose of this letter is to set forth, in writing, the arrangements concerning our fee
so that we may avoid any misunderstandings. Since our financial arrangements are more
detailed and involved than one would initially think, this retainer letter is quite long. By giving
this retainer letter careful attention, once it has been signed there should be no reason for future
questions or disputes about our fee arrangement. If the terms of this retainer letter raise any
questions when you read it, please be sure to raise and discuss all such questions with me prior to
your signing and returning it to me.
This retainer letter will set forth, in a writing signed by both of us, our complete
understanding and agreement with regard to your retention of Cognetti & Associates to represent
you in your domestic situation. All agreements pertaining to fees are contained within the
provisions of this retainer letter. We have no side agreements, nor oral understandings, that
modify this retainer letter. Any modification of this retainer letter will be valid only if contained
in a writing signed by each of us.
As we discussed, your bill will be based upon our hourly rates for all time devoted to
your case at the hourly rates for the attorney and/or paralegal performing the service and the
periods during which services were performed based upon intervals of tenth(s) of an hour. We
I i t
Dr. Kevin S. Stavely-O'Carroll
April 6, 2009
Page 2
try to have the work done at the level which will be most efficient in terms of rates and costs to
you. The time charged includes, but is not limited to, not only meeting with you and court
appearances, but also drafting and reviewing pleadings and correspondence, telephone
conversations with you, your spouse=s attorney and other parties, time spent with witnesses,
legal research and travel.
At the current time, our hourly billing rates are:
Maria P. Cognetti, Esquire $350.00
Associates $150.00 to $200.00
Paralegals $50.00 to $125.00
Law Clerks $25.00 to $50.00
To the extent that services of other lawyers, paralegals and support staff persons are used
in any manner directly connected with your case, you will be billed at the then current hourly
rate being charged by Cognetti & Associates for the services of those persons.
There will be no increase in the hourly fee rates charged to you during the first six (6)
months of your representation by Cognetti & Associates. Since it is possible that your case will
be conducted over an extended period of time, Cognetti & Associates shall have the right to
adjust the hourly fee rates in accordance with then current billing practices upon the condition
that you are given at least thirty (30) days= advance notice of any change in the fee structure.
Upon the effective date of any fee rate change as set forth in any such notice, your hourly
fee rate thereafter shall be adjusted to the new rate unless we come to some other specific
written agreement with regard to said hourly fee rate. You specifically agree that by your
acceptance of legal services after said thirty (30) days= advance notice, you shall have
consented to the said fee increase and that you will pay fees at the higher rate.
In addition to charges for professional services, you will be responsible for timely
reimbursing us for all of our out-of-pocket disbursements, such as charges for long distance
telephone calls, filing fees paid to the court, expert, appraisal, investigative and witness fees,
travel expenses, overtime secretarial time, messengers, transcripts of depositions, telecopies and
photocopies.
We will send you monthly statements as your case proceeds containing a description of
how we have spent our time on your behalf. We reserve the right to charge interest and/or to
terminate our attorney-client relationship if you do not pay our fees and disbursements within
thirty (30) days of billing.
All statements for services by, or through, us, including all costs incurred by us for you,
or advanced on your behalf, are to be paid by you within ten (10) days from the date that said
billing statement is sent to you. If, upon your receipt of the billing statement, you have any
questions with regard to any charge set forth thereon, or any item of information contained
therein, please promptly write to me so that we may discuss these matters while they are fresh in
both our minds. I want to avoid any misunderstandings between us concerning fees or charges.
I expect you to pay your billing statements on a current basis, but I do not expect you to pay for
Dr. Kevin S. Stavely-O'Carroll
April 6, 2009
Page 3
services or costs which you do not understand until the item is explained to you. I do not expect
you to pay for any charges which are incorrect. Therefore, it is imperative that we resolve any
misunderstandings, or errors, relating to your billing statement immediately. If there are any
disputes as to any part of any billing statement, only the disputed amount may be withheld
and the balance shall be remitted within the time above stated.
ALL QUESTIONS ABOUT BILLING MUST BE BROUGHT TO OUR
IMMEDIATE ATTENTION, IN WRITING. IF NO WRITTEN OBJECTION IS MADE
TO A BILLING STATEMENT WITHIN THIRTY (30) DAYS OF ITS TRANSMISSION
TO YOU, THE BILLING STATEMENT SHALL BE DEEMED CORRECT FOR ALL
PURPOSES, AND YOU SHALL NOT THEREAFTER OBJECT TO ITS CONTENTS.
As we discussed, we require a retainer, which we have set at $10,000.00, and which is an
advance deposit to be applied toward payment of your future bills. It is not, however, a
minimum or maximum fee. Thus, if we conclude your case before the total hourly charges equal
the amount of the retainer, you will receive a refund of the difference. On the other hand, if the
total hourly charges exceed the amount of the retainer before our work is completed, you will be
required to provide a new retainer. At such time as your case is concluded or services are
terminated, any remaining retainer will be returned to you upon written request. Such request
must be made within sixty (60) days of such termination or conclusion, or the retainer will
convert to a non-refundable retainer and will not be returned.
Unfortunately, it is virtually impossible to estimate for you the total amount of time that
will have to be devoted to your case. That will depend upon a variety of factors, including, but
not limited to, whether hearings or a trial will be necessary, the time and effort required, the
nature and complexity of the issues involved and the degree of cooperation afforded by your
spouse and your spouse=s attorney. Similarly, we obviously cannot guarantee the results that
will be obtained, particularly since no one can predict what a court may do in a particular case.
The scope of our representation is limited to negotiations with the goal of settlement and
litigation at the trial level. In the event that you or your spouse wish to take an appeal from any
trial level decisions, we will have to discuss whether we will continue to represent you at the
appellate level.
Cases of this kind require that your attorney be as familiar as possible with all of the facts
bearing on the issues, regardless of how trivial or potentially embarrassing you may believe them
to be. Therefore, it is essential that you share all even remotely relevant facts with us.
We will, of course, keep you closely advised of the progress of your case and provide you
with copies of all correspondence, pleadings and any other relevant documents. You should
never hesitate to ask us questions, which we always welcome.
I , .
Dr. Kevin S. Stavely-O'Carroll
April 6, 2009
Page 4
We understand that in matters of this nature, urgent circumstances may arise which may
necessitate your talking to us immediately. Therefore, we make a strong commitment to respond
to all of your inquiries as soon as possible. However, understandably there are occasions when
we are not immediately available because of commitments to other cases. In such instances, my
secretary is given instructions as to how to reach us.
If this letter correctly conforms with your understanding of our arrangement concerning
fees and costs, we would appreciate your signing the enclosed copy of this letter in the space
indicated and returning it to me together with your check payable to Maria P. Cognetti &
Associates in the amount of $10,000.00 for our retainer. Of course, should you have any
questions or comments about this letter or the arrangements discussed above, please do not
hesitate to give me a call.
I look forward to working with you.
Very truly yours,
Maria P. Cognetti
MPClkas
Enclosure
I HAVE READ THE ABOVE RETAINER LETTER AND IT CORRECTLY SETS
FORTH MY UNDERSTANDING IN REGARD TO MY FEE ARRANGEMENT AND
REPRESENTATION BY MARIA P. COGNETTI & ASSOCIATES.
DATED:
Dr. Kevin S. Stavely- 'Carroll
0? ?Qr
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, PA 17011
(717) 909-4060
Page: 1
Kevin F. Staveley-O'Carroll, M.D. December 31, 2009
322 Olde Meadow Lane Client Number 490C
Hershey PA 17033 Statement No: 186449
Kevin Staveley-O'Carroll
Family Law
12101/2009 Review and respond to e-mail from client (multiple); prepare Dr. Shienvold
testimony
12/02/2009 Prepare Exhibits for Dr. Staveley's testimony; trial preparation
Conference with Dr. Shienvold (prepare for Hearing)
Telephone call with opposing counsel; finish preparation; review Court Order
Review and respond to e-mail from Attorney Hobson; telephone call with Attorney
Hobson - No Charge
12/03/2009 Custody Hearing (2.5 hours) - No Charge
Attend Custody Hearing
12/11/2009 Telephone call with Private Investigator; email to client; review Answer - No
Charge
12/14/2009 Review and respond to e-mail from Attorney Hobson (multiple); telephone call
with Court Administrator; review email from Attorney Dethlefs; email to client;
email to Attorney Hobson
12/15/2009 Telephone call with court (multiple)
12/16/2009 Review and respond to e-mail from Attorney Dethlefs (multiple); email to Attorney
Hobson; email to client
12/18/2009 Email to Attorney Hobson; review email from Attorney Hobson - No Charge
12/21/2009 Prepare for and attend conference with Court regarding withdrawal (2 hours) - No
Charge
12/22/2009 Telephone call with opposing counsel
12/23/2009 Telephone call with opposing counsel
12/29/2009 Telephone call with opposing counsel - No Charge
For Current Services Rendered
3,515.00
Copies
Long Distance Charge 44.10
Fax Charge 2.05
Postage 5.00
3.5% Credit Card Fee 19.65
87.50
Kevin F. Staveley-O'Carroll, M.D.
Family Law
Total Expenses Thru 12/31/2009
Total Current Work
Previous Balance
Total Payments for 12/08/2009
Balance Due
Page: 2
December 31, 2009
Client Number 490C
Statement No: 186449
158.30
3,673.30
$7,143.07
-2,500.00
$8,316.37
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, PA 17011
(717) 909-4060
Kevin F. Staveley-O'Carroll, M.D.
322 Olde Meadow Lane
Hershey PA 17033
Kevin Staveley-O'Carroll
Family Law
11/02/2009 Telephone call with Court
Multiple telephone calls with opposing counsel; lenghty telephone call with client
(multiple); email to client
11/03/2009 Telephone call with Court
11/05/2009 Review e-mail from client
11/09/2009 Email to client
11/10/2009 Telephone call with opposing counsel; telephone call with Psychologist's office
11/11/2009 Review e-mail from client
11/12/2009 Telephone call with Dr. Shienvold's Office; telephone call with opposing counsel;
email to client
11/13/2009 Review document from drug store
Review outgoing Discovery Requests
Prepare discovery in support action; letter to opposing counsel
Review email from Court; email to psychologist's office
11/15/2009 Letter to client (email)
11/17/2009 Review and respond to e-mail from client (2); email to client
11/18/2009 Review Petition; review email from opposing counsel; email to client; telephone
call with opposing counsel
Prepare Motion for Leave to Withdraw as Counsel
11/19/2009 Revise Motion; email to client
Lenghty telephone call with Attorney Hobson
11/20/2009 Review e-mail from client (2); telephone call with Attorney Hobson; review e-mail
from client
11/23/2009 Review email from opposing counsel (multiple); telephone call with Court
Administrator; email to opposing counsel (2)
11/24/2009 Review and respond to e-mail from opposing counsel; review and respond to
e-mail from Psychologist
Page: 1
November 30, 2009
Client Number 490C
Statement No: 186367
Kevin F. Staveley-O'Carroll, M.D.
Family Law
11/30/2009 Review correspondence and Motion from opposing counsel; telephone call with
opposing counsel; telephone call with Psychologist's office; email to client; review
e-mail from client; telephone call with Psychologist's office; telephone call with
opposing counsel
For Current Services Rendered
Copies
Long Distance Charge
Postage
Total Expenses Thru 11/30/2009
Total Current Work
Previous Balance
Total Payments for 11/13/2009
Balance Due
Page: 2
November 30, 2009
Client Number 490C
Statement No: 186367
2,765.00
32.85
0.06
9.20
42.11
2,807.11
$7,335.96
-3,000.00
$7,143.07
.
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, Pa 17011
(717) 909-4060
Kevin F. Staveley-O'Carroll
322 Olde Meadow Lane
Hershey PA 17033
Kevin Staveley-O'Carroll
Family Law
10/01/2009 Review and respond to email from client
10/05/2009 Telephone call with Psychologist; telephone call with client;
review email from client
10/06/2009 Email to client; lenghty telephone call with client; review
email from Brother; telephone call with opposing counsel;
telephone call with Psychologist; email to client; email to
Brother; review email from client
Conference with client; research SCRAM; email to client
Email to client; review email from client; review email from
opposing counsel; Work on development of issues regarding
custody matter; telephone call with client
Hearing preparation
10/07/2009 Review email from brother with attachment; telephone
conference with Psychologist and opposing counsel
10/08/2009 Email to client
10/09/2009 Review fax from Court
10/12/2009 Telephone call with client
10/13/2009 Review phone records; telephone call with private
investigator; conference with opposing counsel, client,
opposing party and Psychologist
10/14/2009 Review email from client
Telephone call with opposing counsel; telephone call with
client; telephone call with Psychologist office; review
correspondence from Attorney Mott
Review Motion
10/15/2009 Review and respond to email from client
Begin hearing preparation
Telephone call with Gina Woods
Telephone call with client
Review multiple emails from client; review other pleadings;
review transcript; research monitors
Attend Pre-Trial Conference
10/16/2009 Telephone call with Denise Bradshaw
Page: 1
October 31, 2009
Client Number 490C
Statement No: 186302
Kevin F. Staveley-O'Carroll
Family Law
Telephone call with Dr. Diego Avello
Conference call with client regarding witness issues and to
prepare for hearing
Run criminal background check on wife; prepare witness list;
letter to opposing counsel
Trial preparation; review email from Court; telephone call
with court; review multiple emails from client; review fax
from opposing counsel; conference with client; telephone call
with private investigator; telephone call with opposing
counsel; telephone call client; telephone call with witness;
research AMS; telephone call with Psychologist's office
10/18/2009 Review and respond to e-mail from client
10/19/2009 Trial preparation; multiple telephone calls with opposing
counsel; review multiple e-mails from client; review report
from Psychologist; telephone call with psychologist's office;
telephone call with client (multiple); email to client
Telephone call with Eric Kimchi
Conference call with client; hearing preparation; prepare
subpoenas (7); letters to accompany subpoenas
10/20/2009 Multiple telephone calls with client; telephone call with
Psychologist's office; review email from opposing counsel;
trial preparation
Conference call with client; hearing preparation
10/21/2009 Telephone call with retired Trooper review email from client
(2); telephone call with client; brief conference with
attorney; telephone call with Psychologist's office
Telephone call with Ron Helm, Ski Round Top
Telephone call with Doug Rogers
Telephone call with Pat Moore, Ski Round Top
10/22/2009 Telephone call with Pat Moyer (2); email to opposing counsel;
review documents from Private Investigator; telephone call
with client; email to client; telephone call with client;
telephone call with opposing counsel (multiple); telephone
call with Psychologist's office; conference call with
Psychologist and opposing counsel
10/23/2009 Telephone conference with Court; review fax from witnesses
(multiple); review fax from opposing counsel; review email
from opposing counsel (multiple); review and modify
Stipulation; trial preparation; multiple telephone calls with
opposing counsel, client and Psychologist's office; review
email from client (multiple)
Telephone call with opposing counsel; telephone call with
client; email to client
10/24/2009 Prepare for Settlement Conference
10/25/2009 Conference with client
Draft new Stipulation
Page: 2
October 31, 2009
Client Number 490C
Statement No: 186302
Kevin F. Staveley-O'Carroll Page: 3
October 31, 2009
Client Number 490C
Family Law Statement No: 186302
10/26/2009 Attend Settlement Conference
Make calls regarding cost and availability of drug and
alcohol testing
10/27/2009 Telephone call with Psychologist's office; telephone call
with opposing counsel; review correspondence from Mazzitti &
Sullivan; telephone call with CVS; telephone call with client
10/29/2009 Telephone call with Court; telephone call with client;
telephone call with opposing counsel
10/30/2009 Telephone call with opposing counsel (multiple); email to
client; telephone call with client; telephone call with
psychologist's office; telephone call with Court; research
White Deer Run and Lab Corp
Telephone call with Court; telephone call with Psychologist's
Office
For Current Services Rendered 17,445.00
Copies 18.60
Long Distance Charge 0.78
Fax Charge 40.00
Postage 4.54
Overnight Delivery Charge 127.27
Total Expenses Thru 10/31/2009 191.19
10/16/2009 Miscellaneous Fees - State Police Criminal History Request 10.00
10.00
Total Current Work 17,646.19
Total Payments for 10/31/2009 -10,310.23
Balance Due $7,335.96
Client Fund Activity
Opening Balance $338.23
10/08/2009 Client Deposit to Retainer (Check
No. 2372) 5,000.00
10/20/2009 Subpoenas (4)
PAYEE: Dauphin County Prothonotary -28.00
10/21/2009 Client Deposit to Retainer (Check
No. 1273) 5,000.00
10/31/2009 Payment from Retainer
PAYEE: Maria P. Cognetti & Associates -10,310.23
Closing Balance $0.00
' r
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, Pa 17011
(717) 909-4060
Kevin F. Staveley-O'Carroll
322 Olde Meadow Lane
Hershey PA 17033
Kevin Staveley-O'Carroll
Family Law
09/01/2009 Prepare for meeting
Conference with client; phone conferences with client (4)
09/02/2009 Telephone call with Court
Prepare Motion for Continuance; letter to Domestic Relations
Office; letter to Court
09/03/2009 Review email from opposing counsel
09/08/2009 Review and respond to e-mail from client
09/09/2009 Review correspondence from Psychologist
09/10/2009 Review and respond to e-mail from client (no charge)
09/11/2009
09/14/2009
09/15/2009
09/18/2009
09/21/2009
09/22/2009
09/23/2009
09/24/2009
Brief conference with Psychologist
Review and respond to e-mail from Court
Telephone call with opposing counsel; email to Court; review
and respond to e-mail from Court (multiple); email to client
Review email from client's brother; review correspondence
from opposing counsel; review and respond to e-mail from
opposing counsel (2)
Telephone call with opposing counsel
Email to client
Telephone call with Private investigator; telephone call with
Psychologist
Telephone call with client; telephone call with Psychologist
Review and respond to e-mail from client (2); telephone call
with Psychologist
09/28/2009 Review e-mail from client
09/29/2009 Email to client
Review email from client
Page: 1
September 30, 2009
Client Number 490C
Statement No: 186239
09/30/2009 Review e-mail from client
Page: 2
Kevin F. Staveley-O'Carroll September 30, 2009
Client Number 490C
Statement No: 186239
Family Law
For Current Services Rendered 2,670.00
Copies 14.40
Postage 5.76
Total Expenses Thru 09/30/2009 20.16
Total Current Work 2,690.16
Total Payments for 09/30/2009 -21690.16
Balance Due $0.00
Client Fund Activity
Opening Balance $3,028.39
09/30/2009 Payment from Retainer
PAYEE: Maria P. Cognetti & Associates -2,690.16
Closing Balance $338.23
. r
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, Pa 17011
(717) 909-4060
Page: 1
Kevin F. Staveley-O'Carroll August 31, 2009
322 Olde Meadow Lane Client Number 490C
Hershey PA 17033 Statement No: 186174
Kevin Staveley-O'Carroll
Family Law
08/03/2009 Telephone call with Dr. Shienvold
08/04/2009 Review correspondence from opposing counsel
08/06/2009 Telephone call with opposing counsel; telephone call with
Court; telephone call with Court
08/07/2009 Review email from Court; email to client
08/08/2009 Review Court Order
08/10/2009 Review and respond to e-mail from Gina; email to Court
Review correspondence from Diane Radcliff; review email from
Court
08/11/2009 Email to client
08/12/2009 Prepare Petition for Special Listing; prepare Appeal to
Support Order; letter to opposing counsel
08/14/2009 Review Petition
08/17/2009 Review correspondence from opposing counsel
08/19/2009 Review email from opposing counsel; telephone call with
client
Letter to opposing counsel
08/20/2009 telephone call with opposing counsel; review and respond to
e-mail from client
08/25/2009 Review email from opposing counsel; review Court Order; email
client
08/27/2009 Review correspondence from opposing counsel
08/28/2009 Telephone call with opposing counsel; email client
08/30/2009 Email client
For Current Services Rendered 1,325.00
Copies
4.50
Page: 2
Kevin F. Staveley-O'Carroll August 31, 2009
Client Number 490C
Statement No: 186174
Family Law
Fax Charge 5.00
Postage 5.52
Total Expenses Thru 08/31/2009 15.02
Total Current Work 1,340.02
Total Payments for 08/31/2009 -1,340.02
Balance Due $0.00
Client Fund Activity
Opening Balance $4,383.41
08/18/2009 Filing Fee: Support Appeal
PAYEE: Dauphin County Domestic Relations -15.00
08/31/2009 Payment from Retainer
PAYEE: Maria P. Cognetti & Associates -1,340.02
Closing Balance $3,028.39
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, Pa 17011
(717) 909-4060
Kevin F. Staveley-O'Carroll
322 Olde Meadow Lane
Hershey PA 17033
Kevin Staveley-O'Carroll
Family Law
07/01/2009 Review email from opposing counsel; telephone call with
opposing counsel; letter to Court; review e-mail from Court
07/06/2009 Telephone call with psychologist; email Court; review email
from Court
07/07/2009 Review and respond to e-mail from Court
07/08/2009 Email to opposing counsel
07/09/2009 Review and respond to e-mail from Court; review email from
opposing counsel; telephone call with psychologist
07/14/2009 Review correspondence from opposing counsel; review email
from Court
07/16/2009 Telephone call with psychologist; review Court Order; letter
to client
Telephone call with psychologist
07/21/2009 Telephone call with Court; telephone call with opposing
counsel
Telephone call with psychologist
07/22/2009 Review and respond to e-mail from Dr. Shienvold; email to
client; review and respond to e-mail from client; telephone
call with client
07/24/2009 Email to client; email to Court
07/29/2009 Email to Court; review and respond to e-mail from Court
07/30/2009 Telephone call with psychologist
Email to Dr. Shienvold
07/31/2009 Review Court Order
For Current Services Rendered
Copies
Long Distance Charge
Postage
Total Expenses Thru 07/31/2009
Page: 1
July 31, 2009
Client Number 490C
Statement No: 186114
1,205.00
1.35
0.11
1.32
2.78
Page: 2
Kevin F. Staveley-O'Carroll July 31, 2009
Client Number 490C
Statement No: 186114
Family Law
Total Current Work 1,207.78
Total Payments for 07/31/2009 -1,207.78
Balance Due $0.00
Client Fund Activity
Opening Balance $3,591.19
07/26/2009 Client Deposit to Retainer (Check
No. 238) 2,000.00
07/31/2009 Payment from Retainer
PAYEE: Maria P. Cognetti & Associates -1,207.78
Closing Balance $4,383.41
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, Pa 17011
(717) 909-4060
Kevin F. Staveley-O'Carroll
322 Olde Meadow Lane
Hershey PA 17033
Kevin Staveley-O'Carroll
Family Law
06/01/2009 Telephone call with Jack Howett
06/03/2009 Telephone call with private investigator
06/08/2009 Review correspondence from Diane Radcliff
06/09/2009 Review court order
06/12/2009 Telephone call with client; telephone call with Tom
Taylor
06/16/2009 Review email from brother
06/17/2009 Prepare
support
Work on
support
Telephoi
Prepare
client
for support conference; prepare exhibits; run
calculations under various scenarios
development of issues and/or assets regarding
and mortage payments
1e call with client
for support conference; review e-mail from
06/18/2009 Attend Support Conference
Review e-mail from client; telephone call with client
Page: 1
June 30, 2009
Client Number 490C
Statement No: 186044
06/19/2009 Telephone call with AT&T regarding Service of Subpoena
and available records
Telephone call with Court (2); telephone call with Diane
Radcliff
06/24/2009 Telephone call with opposing counsel; telephone call
with the Court; telephone call with client; telephone
call with psychologist
06/29/2009 Telephone call with opposing counsel; telephone call
with private investigator
For Current Services Rendered
Copies
Postage
Total Expenses Thru 06/30/2009
2,295.00
13.80
0.88
14.68
Kevin F. Staveley-O'Carroll
Family Law
Total Current Work
Total Payments for 06/30/2009
Balance Due
Client Fund Activity
Opening Balance
06/30/2009 Payment from Retainer
PAYEE: Maria P. Cognetti & Associates
Closing Balance
Page: 2
June 30, 2009
Client Number 490C
Statement No: 186044
2,309.68
-2,309.68
$0.00
$5,900.87
-2,309.68
$3,591.19
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, Pa 17011
(717) 909-4060
Kevin F. Staveley-O'Carroll
322 Olde Meadow Lane
Hershey PA 17033
Kevin Staveley-O'Carroll
Family Law
Page: 1
May 31, 2009
Client Number 490C
Statement No: 185976
05/05/2009 Review email from opposing counsel; telephone call with
opposing counsel; multiple telephone calls with Sister;
two (2) telephone calls with Brother
Multiple telephone calls with opposing counsel; multiple
telephone calls with sister
05/06/2009 Telephone call with opposing counsel
05/08/2009 Review correspondence from opposing counsel
05/11/2009 Letter to opposing counsel
Telephone call with client
05/14/2009 Telephone call with client
05/15/2009 Telephone call with Court; email to client
05/18/2009 Letter to Prothonotary (2); letter to Domestic Relations
Office
05/19/2009 Telephone call with client; conference with client
05/21/2009 Telephone call with Court
Review email from opposing counsel
05/26/2009 Review documents from opposing counsel
05/27/2009 Email to opposing counsel
For Current Services Rendered
Copies
Fax Charge
Postage
Total Expenses Thru 05/31/2009
Total Current Work
Total Payments for 05/31/2009
Balance Due
1,465.00
10.35
10.00
9.30
29.65
1, 494.65
-1,494.65
$0.00
r
Kevin F. Staveley-O'Carroll
Family Law
Client Fund Activity
Opening Balance
05/31/2009 Payment from Retainer
PAYEE: Maria P. Cognetti & Associates
Closing Balance
Page: 2
May 31, 2009
Client Number 490C
Statement No: 185976
$7,395.52
-1,494.65
$5,900.87
MARIA P. COGNETTI & ASSOCIATES
Attorneys and Counselors at Law
210 Grandview Avenue, Ste. 102
Camp Hill, Pa 17011
(717) 909-4060
Kevin F. Staveley-O'Carroll
322 Olde Meadow Lane
Hershey PA 17033
Kevin Staveley-O'Carroll
Family Law
03/30/2009 Review documents from client; review and respond to
emails from client; telephone calls with client
03/31/2009 Telephone calls with client; review and respond to
e-mail from client
04/09/2009 Review and respond to e-mails from client (5)
Letter to client
04/13/2009 Telephone call with psychologist
Review Court Order; review email from client
04/14/2009 Telephone call with client
Review transcript
Email to client
Page: 1
April 30, 2009
Client Number 490C
Statement No: 185895
04/15/2009 Telephone call with opposing counsel; telephone call
with Attorney Diane Radcliff
Review and respond to e-mail from Gina; review financial
documents; calculate support
Prepare Praecipes for Entry of Appearance in all three
(3) actions
Telephone call with client; telephone call with Diane
Radcliff; multiple telephone calls with Sam Andes;
review e-mail from Diane Radcliff
04/16/2009 Telephone call with client
04/17/2009 Two (2) telephone calls with client; preparation of
letter to opposing counsel
04/20/2009 Review correspondence from opposing counsel
04/22/2009 Telephone call with Divorce Master
04/23/2009 Telephone call with opposing counsel
04/24/2009 Telephone call with client
Telephone call with Diane Radcliff
04/28/2009 Review email from opposing counsel
04/29/2009 Review email from opposing counsel; conference with
. •
Kevin F. Staveley-O'Carroll
Family Law
Page: 2
April 30, 2009
Client Number 490C
Statement No: 185895
client; email to opposing counsel
Review and respond to e-mail from Gina regarding school
attendance records
04/30/2009 Telephone call with Domestic Relations Office
For Current Services Rendered
Copies
Fax Charge
Postage
Total Expenses Thru 04/30/2009
Total Current Work
Total Payments for 04/30/2009
Balance Due
Client Fund Activity
Opening Balance
04/13/2009 Client Deposit to Retainer
(Check No. 170)
04/30/2009 Payment from Retainer
PAYEE: Maria P. Cognetti & Associates
Closing Balance
$0.00
10,000.00
-2,604.48
$7,395.52
2,587.50
4.80
10.00
2.18
16.98
2, 604.48
-2,604.48
$0.00
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy
of the foregoing Complaint at the address indicated below:
Kevin Staveley-O'Carroll, M.D.
322 Olde Meadow Lane
Hershey, PA 17033
Service by:
Personal service via hand delivery
x Service by First Class, United States Mail, postage pre-paid, mailed at
Camp Hill, Pennsylvania, addressed as indicated above
Overnight delivery
Facsimile service
Certified/Registered Mail
MARIA P. COGNETTI & ASSOCIATES
Date: May 4, 2011 By:
MARIA P. COGr4jTTI, ESQUIRE
Attorney I.D. No.(2-1914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
7
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
prat 01 climb :r
OFFICE ;;..c ThF -.:..Eta,'.
t' 1LLU"0F CL'
THE PPOT'-1
2011 JUN -7 AM !Q: 29,
CUMBERLAND COUNTY
PENNSYLVANIA
Maria P. Cognetti
vs.
Kevin F. Staveley-O'Carroll
Case Number
2011-3822
SHERIFF'S RETURN OF SERVICE
05/24/2011 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: Kevin F. Staveley-O'Carroll, but was unable to locate
him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the
within Complaint and Notice according to law.
06/01/2011 06:09 PM - Dauphin County Return: And now June 1, 2011 at 1809 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Kevin F. Staveley-O'Carroll by making
known unto himself personally, at 322 Meadow Lane, Hershey, Pennsylvania 17033 its contents and at
the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
June 06, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
c CowttiStAC Snenti, le?eoso`t. iiu.
mkfitt of
WilliamcT Tully
soli
Dauphin County
10l Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael tW. D putt' art
Jack Loff
commonwealth of Pennsylvania
County of Dauphin
MARIA P COGNETTI
KEVIN F STAVELEY-O'CARROLL
Sheriff s Return
No. 2011-T-2318
OTHER COUNTY NO. 20113822
And now: JUNE 1, 20t 1 at 6:09:00 PM served the within NOTICE & COMPLAINT upon KEVIN F
STAVELEY-O'CARROLL by personally handing to KEVIN F STAVELEY-O'CARROLL 1 true
attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents
thereof at 322 MEADOW LANE HERSHEY PA 17033
Sworn and subscribed to
before me this 2ND day of June, 2011
. )PA42
COEMy MONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M, Hoffman, Notary Public
City of Harrisburg, Dauphin County
Commission Expire-August 17, 2014
So Answers,
Pa.
Sheriff of Dauphin.
By
Deputy Sheriff
Deputy: G MILLER
Sheriffs Costs: $49.25 5/31/2011
DavidD. Buell
Prothonotary
Office of the Prothonotary
Cum6er[and County, (Pennsylvania
rkS. Solionage, ESQ
SoCicitor
CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 ® CarCisCe, TA 0 (Phone 717 240-6195 0 'Fax 717 240-6573