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HomeMy WebLinkAbout11-4918Robert S. Mirin, ESQ 2515 North Front Street Harrisburg, PA 17110 717-909-9900 717-561-1616 fax susquehanna@comcast.net Attorney for Plaintiff ROBERT S. MMUN, T/A THE LAW OFFICES OF ROBERT S. M1RIN, Plaintiff VS. GEORGE M. CORNWALL, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : : PENNSYLVANIA ?i -'' rri NO.: C D CIVIL ACTION C' ? - ' . (JURY TRIAL DEMANDED) ` U3 =4: JUDGE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defer in the following pages, you must take action within twenty and Notice are served, by entering a written appearance I filing in writing with the Court your defenses or objections you. You are warned that if you fail to do so the case may judgment may be entered against you by the Court withot claimed in the Complaint or for any other claim or relief re may lose money or property or other rights important to yi l against the claims set forth ;20) days after this Complaint ersonally or by attorney and o the claims set forth against proceed without you and a t further notice for any money guested by the Plaintiff. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 {717) 232-7536 Pd. 4 9a. a0 I/ LL ?tw 731 -7 014- " &ausz P 4. Beginning on October 5, 2009, pursuant to defendant's request, plaintiff provided specific legal services to defendant. 5. Plaintiff's legal services were provided to defendant pursuant to a written retainer agreement between the parties, which set forth the services to be performed by plaintiff and the applicable hourly rate. A copy of the agreement is attached as Exhibit "A." 6. The specific services provided by plaintiff are more fully described in the invoice attached hereto and incorporated herein by reference as Exhibit "B." 7. The prices charged in Exhibit "A" are the fair and reasonable charges for the services rendered, are the customary charges of plaintiff in similar cases and are the charges which defendant agreed to pay. 8. Despite demand for payment, there remains due to the :plaintiff the sum of $31,003.65, which sum defendant has refused to pay. WHEREFORE, plaintiff respectfully requests that the court enter judgment in its favor and against the defendant in the amount of $31,003.65, plus costs and interest. COUNT I - BREACH OF CONTRACT George M. Cornwall. 9. Paragraphs 1 through 8 are incorporated herein as if set forth at length. 10. On October 5, 2009, defendant George M. Cornwall retained plaintiffs legal counsel by executing a written agreement. A copy of this agreement is attached as Exhibit "A." 5 11. This agreement was supported by valuable consideration paid as a retainer for impending legal services. 12. Throughout the course of the relationship legal services were performed by the plaintiff at the defendant's request. An itemized copy of the particular services provided is attached as Exhibit "B." 13. Defendant's willful failure to pay for the legal services rendered constitutes a material breach of the contract between the Plaintiff and Defendant. WHEREFORE, Plaintiff, Robert S. Mirin, respectfully requests this Honorable Court to issue an Order granting judgment for the Plaintiff in the amount of $31,003.65, exclusive of interests and costs. In addition it is respectfully requested that an Order be issued granting Plaintiff expenses, including reasonable attorney's fees incurred in connection with this action and such other relief as this Honorable Court shall deem appropriate. COUNT H - QUANTUM MERUIT George M. Cornwall 14. Paragraphs 1 through 13 are incorporated herein as if set forth at length. 15. On or about October 5, 2009, defendant George M. Cornwall entered into a contract for legal services whereby he requested that Plaintiff provide said services at the defendant's direction. 16. Defendant, George M. Cornwall has accepted the services of Plaintiff and received the benefit thereof. The fair market value of said legal services is $31,003.65. 17. Defendant has refused and continues to refuse to pay $31,003.65, the fair market value for such services. Equity demands that Defendant be compelled to disgorge this benefit. 6 18. It would be unconscionable for Defendant to retain the value of Plaintiff's services without making the appropriate remuneration to the Plaintiff. Equity demands that the Defendant be compelled to disgorge this benefit. WHEREFORE, plaintiff, Robert S. Mirin, respectfully requests this Honorable Court issue an Order granting judgment for the Plaintiff and against the Defendant George M. Cornwall in the amount of $31,003.65. In addition, the Plaintiff respectfully requests that this Honorable Court grant the Plaintiff expenses, including reasonable attorney fees associated with this action, along with any other relief this Court shall deem appropriate. Respectfully submitted, THE LAW OFFICES OF ROBERT S. MEM Dated: 4?x?3 .92011 BY: Robert S. Mirin Counsel for the Defendant PA-ID# 25305 2515 North Front Street 'Harrisburg, PA 17110 (717) 909-9900 susque ,comcast.net 7 VERIFICATION I, Robert S. Mirin, hereby verify that the statements contained in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. D e Robert S. Mirin, Esq. 8 LAW OFFICES OF ROBERT S. M RIN COUNSELOR AND ATTORNEY AT LAW Robert S. Minn, Esquire 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 Fax: (717) 561-1616 IMPORTANT INFORMATION: PLEASE READ CONSULTATION MEMO Your initial one-half (1/2) hour consultation is a professional courtesy extended to you by the Law Offices of Robert S. Mirin. Beyond that, unless otherwise agreed in advance, work is performed at one-half (1/2) -of the regular hourly rate for the attorney with whom you are consulting. Billing occurs for the time that you are meeting with the attorney and is billed based on actual time beyond the free consultation period. The hourly rate is broken down by tenths of an hour. The following-hourly rate is in effect: Robert S. Mirin Regular Rate Consultation Rate $350.00 $175.00 after free %Z hour Payment is expected at the time services are rendered. Acceptable forms of payment are cash, check, money order, cashier's check, MasterCard, Visa, Discover Card and American Express. If you have any questions regarding finances or any difficulty or. reservations with this arrangement, we urge you to raise them with us promptly. In the event that you pay by check and the check should be returned for any reason, you will be responsible for any and all costs associated with the return and replacement of those funds. J? CSC' % 4?2f 6n/_?w A - C?O?p/yLr1l/Lr date client's printed name client's signature Date _? ?% 2 00l Client Name G-Pa? e ? - ?'©?aVGr?At? NEW FILE Client Matter e ?? s?/ MEMORANDUM File # Attorney OUR CL RESIDENCE BUSINESS W Address: /?' oRA? ??• ?i'.? ?C,? /?-Z'i'?C`'??.?i??=?,/,??r?'. City./State/Zip Code Cell (!' Fax:( 7lj) y -° SQCia1 Secw ty- q - .a `7 y Email address f'r??i??? ??? c't r? 7c!?? 1? ?` r. G 3 `Date ofBirth= I? zi:/ 19, << Copies of Correspondence, documents, etc. to- be sent to X Residence Business Our client is new existing former Cent referred by:?-/ Conflict Check: ADVERSE PARTY Name: kt)!?E C e1l?v?rJX I c'_ f Address: f; rv"Td t Tele: e & ou re A4 19 % 1 Commence running: Expires: BRILING OPPOSING COUNSEL ell, contingent Fee of _ % Hourly Fee of 3? ® ov y?O, oo Fixed Fee of Case 'Retainer of Atty $ /hr. Atty $ /hr. Paralegal $ /hr: In advance Quarterly Monthly Date of first payment : Bail Bondsman: Bi-monthly : Comments: .l ;r- On completion - At specific stages , a) - bl • CLIENT RE Deposit received: Date: SPONSIBLE FOR ALL EXPENSES AND/OR COST IIIiL RED. IN ADDM- ON TO FEES HOURLY FEES WILL BE CHARGED AGAINST THE RETAINER. Cl .signature: LAW OFFICES OF ROBERT S. MIRIN COUNSELORS AND ATTORNEYS AT LAW Robert S. Mirin, Esquire 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 Fax: (717) 561-1616 Welcome to the Law Offices of Robert S. Mirin. Please write a brief description of your situation and what we can do to help you today. ?! 6 C/ /rte AX%?-',z tom' ?f i C= l 40 OR IA-11V P, 4 / 2 `??'-? A G (I X4V C 1 r fv r, ? ti Itemized Bill for: From: Date of Bill: George Cornwall Law Offices of Robert S. Mirin June 7, 2011 1. Review of George Cornwall v. Stephanie Cornwall (Oregon) No. DR 03-03721 • Preliminary review of Children and Youth Proceedings Extended , conferences with client- 7.30 hours at $350.00 = $2,555.00 $2,555.00 2. Greishman Lease: conferences with Steve • Re: Rental of townhouse and meeting with Steve concerning status of townhouse- 1.00 hour at $350.00 = $350.00 • Travel to and from Mt. Holly- 3 round trips (163.14 miles) , 4.50 hours at $175.00 = $787.50 $1,137.50 3. George Cornwall v. Stephanie Cornwall- custody matter Cumberland Count case # 2008-608 + Reviewed documents, multiple court hearings and preparation for court hearings ¦ Preparation and hearing on 3/22/2010 4.20 hours at $450 00 , . = $1,890.00 ¦ Preparation and hearing on 4/6/2010 3.00 hours at $450 00 = , . $1,350.00 ¦ Preparation and hearing on 7/19/2010 3.10 hours at $450 00 , . = $1,395.00 ¦ Preparation and hearing on 9/10/2010 2.50 hours at $450 00 , . = $1,125.00 $55760.00 4. United States v. George Cornwall: Preliminary hearing, trial and Probationary related activities • Preparation and conferences with client- 2.30 hours at $450 00 = . $1,035.00 • Court - 3.80 hours at $450 = $1,710.00 $2,745.00 5. Commonwealth of PA v. George Cornwall- Harassment charge No. CR 269-10 $1,750.00 6. Commonwealth of PA v. George Cornwall- Possession of marijuana No. CR 189-10 $1,750.00 7. Travel to Mt. Holly + Round tri (43.26 miles), 1.50 hours at $175.00 = $262.50 $262.50 8. Waiving Matter into court (George absent in Oregon) • 1 hour at $750 = $750.00 • Mileage: Round trip to DJ Susan Day's 1 50 hours at $175 00 = . . $262.50 $1,012.50 B 9. Commonwealth of PA v. George Cornwall- Traffic incident No. CR 489-90 • Round trip to Mt. Holly (43.26 miles), 1.50 hours at $175.00 = $262.50 • DJ court hearing = $750 • Court hearing = $450 $1,462.50 10. Stephanie Cornwall v. George Cornwall- Protection from abuse No. 2010-2419 • Motion to Court- 2.10 hours at $350.00 = $735.00 • Discussion with opposing counsel- 1.10 hours at $350 = $385.00 $1,120.00 11. CYS Case No. 21-7798 • Preparation, participation and hearing in front of Administration Law Judge and briefing case ¦ Preparation and Briefing-35 hours at $350 = $12 250.00 , ¦ Hearing- 5 hours at $450 = $2,250.00 $14,500.00 12. Review of landlord • Review of landlord tenant pleadings and documents consultation , with client and advice to client concerning preliminary objections. 1.60 hours at $350 = $560.00 $560.00 13. Dependency issue, No. CP-21-DP_-76-2009 • Conferences with client, PA research concerning ;dependency standards and responses to various legal pleadings and custody independency matter. 5.20 hours at $350.00 = $1;820.00 $1,820.00 Total $36,735.00 PAY112ENT HISTORY 12-30-10 1000.00 2-5-10 1750.00 3.12.10 500.00 3.15.10 681.35 3.15.10 500.00 10.15.10 500.00 2.7.11 600.00 2.7.11 200.00 TOTAL 4831.35 $36,735.00 - $4,831.35 PAST DUE &OWING $31,003.65 B L.Piw vrrIUM Ur KV23SK1 ;!i. MIXIIN 2515 N. FRONT STREET HARRISBURG, PA 17110 717-909-9900 Bill To George Cornwall 10 Orange Street Mount Holly Springs, Pa 17065 1r1rvrUW Date Invoice # ' 2543 P.O. No. Terms Project Due on receipt Quantity Description Rate Amount 7.3 Preliminary Review of CCYS 350.00 2,555.00 1 Rental & Townhouse/meeting with Steve concerning status of 350.00 350.00 townhouse 4.5 Travel to Mt. Holly Springs ( 3 round trips) 175.00 787.50 4.2 3-22-10 prep and hearing 450.00 1,890.00 3 4-6-10 Prep and Hearing 450.00 1,350:00 3.1 7-19-10 Prep and hearing 450.00 1,395.00 2.5 9-10-10 Prep and Hearing 450.00 1,125.00 2.3 Prep and conference with client 450.00 1,035.00 3.8 COURT 450.00 1,710.00 HARRASMENT CHARGE 1,750.00 1,750.00 POSSESSION OF MARIJUANA 1,750.00 1,750.00 1.5 TRAVEL- MOUNT HOLLY SPRINGS 175.00 262.50 1 WAIVING MATTER INTO COURT-GC ABSENT IN 750.00 750.00 OREGON 1.5 TRAVEL- DJ DAY'S OFFICE 175.00 262.50 1.5 TRAVEL-MT HOLLY SPRINGS 175.00 262.50 DJ COURT HEARING 750.00 750.00 COURT HEARING 750.00 750.00 2.1 MOTION TO COURT 350.00 735.00 1.1 DISCUSSION WITH OPPOSING COUNSEL 350.00 385.00 35 PREP, PARTICIPATION, AND HEARING OF ADMIN JUDGE 350.00 12,250.00 AND BREIFING CASES 5 HEARING 450.00 2,250.00 Total 2515 N. FRONT STREET HARRISBURG, PA 17110 717-909-9900 Bill To George Cornwall 10 Orange Street Mount Holly Springs, Pa 17065 Date Invoice # 2543 P.O. No. Terms Project Due on receipt Quantity Description Rate Amount 1.6 5.2 REVIEW OF LANDLORD TENANT PLEADINGS AND DOCUMENTS CONSULTATION CONFERENCES WITH CLIENTS 350.00 350.00 560.00 1,820.00 Total $36,735.00 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 01111tr of C114Grr"1114 FILEO-OFFICE OF THE PROTHONOTARY 2011 JUN 29 AN 9: 22 CUMBERLAND COUNTY Robert Mirin vs. Case Number . George M Cornwall 2011-4918 SHERIFF'S RETURN OF SERVICE 06/27/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 27, 2011 at 1400 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: George M. Cornwall. It has been confirmed, George M. Cornwall resides at 10 Orange Street, Unit C, Mount Holly Springs, Pennsylvania 17065 and he also resides in the state of Oregon. Neighbors have advised Deputies George M. Cornwall has not been seen at this residence in a while. SHERIFF COST: $35.44 SO ANSWERS,+ June 27, 2011 RON R ANDERSON, SHERIFF {rj Coun,ySuute Sherff. Teleoso't. Irc. ROBERT S. MIRIN, : IN THE COURT OF COMMON T/A THE LAW OFFICES OF : PLEAS OF CUMBERLAND COUNTY, ROBERT S. MIRIN, : PENNSYLVANIA Plaintiff VS. : NO.: 2011-4918-CV GEORGE M. CORNWALL, : CIVIL ACTION Defendant : (JURY TRIAL DEMANDED) : J; LI . JUDGE j? PLAINTIFF'S MOTION FOR SPECIAL ORDER DIRECTING 7' SERVICE BY PUBLICATION Plaintiff, Robert S. Mirin, pursuant to Pa. R.C.P. § 430, moves this Court for a special Order permitting service of the Complaint in this action by publication. In support of this motion, the Plaintiff avers the following: 1. The known residence of the Defendant when this action began was 10 Orange St., Mt. Holly Springs, PA 17065. A true and correct copy of the Dauphin County Sheriffs return of "no service" is attached as Exhibit "A". 2. Defendant was thought to have maintained a residence in Oregon State at 1897 Boca Raton Dr., Lake Oswego, OR 97034. A true and correct copy of the certified mailing letter "not delivered as addressed, unable to forward" is attached as Exhibit "B". 3. Defendant was attempted to be served at his employer, Oregon Shepard, located at 75930 Rockcrest Road, Rainier, OR 97048, but the certified mailing was refused, a true and correct copy of the certified mailing letter returned as "no service" is attached as Exhibit «C„ 4. The instant case concerns an action for breach of contract and a claim in quantum meruit based upon legal services requested and provided at the request of the Defendant. 5. Plaintiff's legal services were provided to defendant pursuant to a written retainer agreement between the parties, which set forth the services to be performed by plaintiff and the applicable hourly rate. 6. On June 27, 2011, the Complaint was hand delivered by the Sheriff of Cumberland County to 10 Orange St., Mt. Holly Springs, PA 17065. The Sheriff avers that Defendant in fact resides at this address, but has not been seen by neighbors at this residence in awhile. See Exhibit "A". 7. A telephone request to Cumberland County Voters' Registration regarding the Defendant's address proved unsuccessful. 8. A comprehensive internet search of "people locator" sites has uncovered no further information than the Plaintiff already possesses. 9. To the best of Plaintiff's knowledge, information, and belief, the residences of 1617 Regina Street, Harrisburg, Pennsylvania 17103 and 1897 Boca Raton Dr., Lake Oswego, OR 97034 are the only known addresses of the Defendant. Plaintiff has made a good faith effort to locate Defendant, but has been unsuccessful. 10. Unless this Court allows service by way of publication, Plaintiff will be unable to maintain this action and injustice will result. WHEREFORE, the Plaintiff requests the Court to enter a special order directing service of the Complaint on Defendant by publication. Date: July 28, 2011 d` Robert S. Mirin Law Offices of Robert S. Mirin 2515 N. Front Street Harrisburg, PA 17110 (717) 909 - 9900 phone SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o????tr ai ?u?r?brr?: Jody S Smith Chief Deputy q? 7 Richard W Stewart Solicitor OFFICE OF THE SHERIFF Robert Mirin vs. George M Cornwall Case Number 2011-4918 SHERIFF'S RETURN OF SERVICE 06/27/2011 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on June 27, 2011 at 1400 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: George M. Cornwall. It has been confirmed, George M. Cornwall resides at 10 Orange Street, Unit C, Mount Holly Springs, Pennsylvania 17065 and he also resides in the state of Oregon. Neighbors have advised Deputies George M. Cornwall has not been seen at this residence in a while. SHERIFF COST: $35.44 June 27, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenff. Teleosoft, Inc. CD f .s' _ •1 i±t 1 :\1 4 .- J x a 1fc ,' Y ru Ln r, .1 ru C3 0 o r`? ? 0 V 1 0 CO y u rq f M M r` 4 r' i7 Y? ° ' a r ?c ? ? A fVl i 4 t? i? a J ?r -J Z a gin too- w o H ? O w C Q- CO r? arm ? 0 O C3 O O tr O p N d J ?JO A ,J ?il o? ROBERT S. MIRIN, : IN THE COURT OF COMMON T/A THE LAW OFFICES OF : PLEAS OF CUMBERLAND COUNTY, ROBERT S. MIRIN, : PENNSYLVANIA Plaintiff VS. GEORGE M. CORNWALL, Defendant : NO.: 2011-4918-CV : CIVIL ACTION : (JURY TRIAL DEMANDED) : JUDGE AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SPECIAL ORDER AND NOW COMES Ian Baxter, being duly sworn according to law deposes and says the following: 1. 1 am the Plaintiff s Law Clerk in the above action. 2. At my direction an investigation was conducted into the following: a. The current Cumberland County, PA telephone directory was reviewed and revealed no listing for the Defendant. b. A general search of current telephone directories in Oregon state list a "George M. Cornwall" residing at 1897 Boca Raton Dr., Lake Oswego, OR 97034. c. A telephone request to Cumberland County, Pa Voters' Registration regarding Defendant's address proved unsuccessful. d. An attempt at personal service by the Cumberland County Sheriff at Defendant's last known address was unsuccessful. e. An attempt at service by certified mail to Defendant's presumed residence in the state of Oregon was unsuccessful. f. An attempt at service by certified mail to Defendant's last known place of employment in Oregon state proved unsuccessful. g. An exhaustive search via the internet was conducted to no avail using the following sites: i. googlepeoplesearch.net ii. whitepages.com iii. zabasearch.com iv. intelius.com v. people.yahoo.com vi. spokeo.com vii. facebook.com viii. www.oregon.gov/DOC ix. www.cor.state.pa.us h. The Plaintiff has not been in contact with the Defendant since May 4, 2011, which was via an email correspondence relating to updating current address information with the Law Office. At this time the Defendant ensured Plaintiff's office assistance that the Cumberland County address was valid and capable of receiving mail. 3. 1 have been unable to locate any additional address for the Defendant. 4. The allegations in the foregoing Motion for Special Order are true and correct to the best of my personal knowledge, information and belief. Date: July 29, 2011 --? .Ile Ian Baxter Certified Legal Intern Affiant ROBERT S. MIRIN, T/A THE LAW OFFICES OF ROBERT S. MIRIN, Plaintiff VS. GEORGE M. CORNWALL, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, ?- : PENNSYLVANIA m - fi =- c r NO.: - - c ? . CIVIL ACTION (JURY TRIAL DEMANDED) JUDGE ORDER AND NOW this day of ?t> f , 2011 upon review of the Plaintiff's Motion for Special Order of the Court Directing Service by Publication and upon the good faith and diligent search of Plaintiff, this Court hereby GRANTS said motion and ORDERS that Plaintiff shall proceed with service by means of publication. Distribution: Robert S. Mirin, Esq., 2515 N. Front Street, Harrisburg, Pennsylvania 17110 apq David q2 Buelr Prothonotary Office of the Prothonotary Cum5erfand County, Pennsylvania 7(irkS. Sohonage, FSQ, Solicitor 4'9/8 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" 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. 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