HomeMy WebLinkAbout12-1045CAPOZZI & ASSOCIATES, P.C.,
a Pennsylvania Professional Corporation,
V.
PMPZ, INC.
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. la - /0`f, Civil l&,I'M
: CONFESSION OF JUDGMENT FOR MONEY
CONFESSION OF JUDGMENT WHERE ACTION
COMMENCED BY COMPLAINT
Pursuant to the authority contained in the warrant of attorney, the copy of which is attached to
the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the
Plaintiff and against Defendant as follows:
a. Billed but unpaid legal services for October 2010 -
February 2011 $ 5,845.00
b. Accumulated late charges pursuant to Letter $ 1,237.32
TOTAL AMOUNT DUE $ 7,082.32*
*Plus interest from date of judgment until Defendant's obligation is satisfied, attorneys' fees and
costs of suit.
Respectfully submitted,
C:: -
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P flip C arholic, Esquire
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Capozzi Associates, P.C. r"<.v v off'
P.O. Box 5866 'c
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Harrisburg, PA 17110 ? c-
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(717) 233-4101 ?"' o
Attorney for Defendant -<
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CAPOZZI & ASSOCIATES, P.C., IN THE COURT OF COMMON PLEAS OF
a Pennsylvania Professional Corporation, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO.
PMPZ, INC.,
Defendant : CONFESSION OF JUDGMENT FOR MONEY
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
NOW COMES, Plaintiff, Capozzi & Associates, P.C. ("Capozzi"), by and through its
attorneys, to confess judgment against Defendant and seek legal relief necessary to obtain
payment for legal services rendered and presented, but which remain unpaid. In support of the
relief requested herein, Capozzi hereby states the following:
1. Plaintiff, Capozzi & Associates, P.C. is Pennsylvania professional corporation
engaged in the practice of law, with its address at 1200 Camp Hill Bypass, Suite 205, Camp Hill,
Cumberland County, Pennsylvania 17011.
2. Defendant, PMPZ, Inc. is a Pennsylvania corporation having its last known
principal place of business at 111 Gerard Drive, Scranton, Lackawanna County, Pennsylvania,
18509.
3. In October 2010, Capozzi and Defendant started a professional relationship for
legal services through its agent, Armand N. Zangardi, III. A true and correct copy of a Letter of
Representation ("Letter"), dated October 22, 2010, which evidences a long-term professional
relationship, is attached hereto and incorporated herein as Exhibit "A."
4. The section of the Letter entitled "Periodic Invoices" provides in part, "Invoices
are due upon receipt and must be paid within thirty (30) days unless other acceptable
1
arrangements are made in advance."
The section of the Letter entitled "Periodic Invoices" further provides in part,
"should it be necessary for us to take legal action to collect any overdue invoices, you will also be
responsible for any and all costs of collection including, without limitation, reasonable attorneys
fees and expenses."
6. The Letter authorizes the Confession of Judgment against Defendant for money due
and owing Capozzi upon Defendant's default under the terms of the Letter. Such provision states as
follows:
CONFESSION OF JUDGMENT. THE UNDERSIGNED HEREBY
EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD
WITHIN THE UNITED STATES OF AMERICA OR ELSEWHERE
TO APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT
COMPLAINT FILED, CONFESS JUDGMENT AGAINST THE
UNDERSIGNED IN FAVOR OF ANY HOLDER HEREOF, UPON
THE OCCURRENCE OF AN EVENT OF DEFAULT, AS HEREINABOVE
DEFINED, FOR THE UNPAID BALANCE OF UNDISPUTED LEGAL
FEES, AS DESCRIBED ABOVE, TOGETHER WITH UNPAID INTEREST
THEREON, COSTS OF SUIT AND ATTORNEY'S FEES AS DESCRIBED
ABOVE, ON WHICH JUDGMENT ONE OR MORE EXECUTIONS MAY
ISSUE FORTHWITH. THE UNDERSIGNED HEREBY FOREVER WAIVES
AND RELEASES ALL ERRORS IN SAID PROCEEDINGS, WAIVES STAY
OF EXECUTION, AND WAIVES ALL EXEMPTIONS FROM LEVY AND
SALE OF ANY PROPERTY THAT NOW ARE OR HEREAFTER MAYBE
APPLICABLE. NO SINGLE EXERCISE OF THE FOREGOING POWER
TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE
POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD
BY ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE
POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE
EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER
HEREOF SHALL ELECT UNTIL SUCH TIME AS THE HOLDER SHALL
HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST,
ATTORNEY'S FEES AND COSTS. INTEREST ON THE OBLIGATION
EVIDENCED HEREBY SHALL CONTINUE TO ACCRUE AT THE
ABOVE-STATED RATE AFTER THE ENTRY OF JUDGMENT
HEREON. THE UNDERSIGNED HEREBY WAIVES ITS RIGHTS TO
NOTICE AND A HEARING CONCERNING THE VALIDITY OF THE
HOLDER'S CLAIMS HEREUNDER AND AGREES AND CONSENTS
TO JUDGMENT BEING ENTERED BY CONFESSION IN ACCORDANCE
WITH THE TERMS HEREOF AND EXECUTION BEING LEVIED ON
SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE
2
UNDERSIGNED, IN EACH CASE WITHOUT FIRST BEING GIVEN
NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY
OF THE CLAIM OR CLAIMS UPON WHICH SUCH JUDGMENT IS ENTERED.
7. Defendant's obligation under the Letter has not been released, transferred, or
assigned by Capozzi or by Defendant.
8. Judgment has not been entered against Defendant in any jurisdiction.
9. This judgment is being entered in connection with a commercial transaction, and is
not being entered by confession against a natural person in connection with a consumer credit
transaction.
10. Defendant defaulted on its obligation under the Letter by failing to make payment
when due. True and correct copies of the Invoices maintained by Capozzi regarding the legal
services rendered to Defendant are attached hereto and incorporated herein as Exhibit "B".
11. To date, Defendant has not contacted Capozzi, and Defendant has not cured the
default. A true and correct copy of the demand letter is attached hereto and incorporated herein as
Exhibit "C".
12. The amounts due under the Letter, including unpaid interest and attorney's fees as
authorized by the Letter, are as follows:
a. Billed but unpaid legal services for October 2010-
February 2011 $ 5,845.00
b. Accumulated late charges pursuant to Letter $ 1,237.32
TOTAL AMOUNT DUE $ 7,082.32*
*Plus interest from date of judgment until Defendant's obligation is satisfied, attorneys' fees and
costs of suit.
3
WHEREFORE, Capozzi confesses judgment against Defendant in the total sum of
$7,082.32, plus post judgment interest, attorneys' fees and cost of suit.
Respectfully submitted,
Philip C. A frh6lic, Esqu e
Capozzi & ssociates, P.C.
P.O. Box 5 866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
CAPOZZI & ASSOCIATES, P.C.,
a Pennsylvania Professional Corporation,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
PMPZ, INC.
Defendant
NO.
CONFESSION OF JUDGMENT FOR MONEY
VERIFICATION
I, Andrew R. Eisemann, Esquire, do hereby verify that the facts made in the foregoing
Complaint in Confession of Judgment for Money are true and correct to the best of my
knowledge, information and belief. I understand that any false statements therein are subject to
the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904,
relating to unsworn falsification to authorities.
Eisemann, Esquire
Associates, P.C.
Louts J. Capozzi, Jr., Esquire*
Daniel K. Natirboff, Esquire
Donald R. Reavey, Esquire
Craig I Adler. Esquire**
Bruce G. Baron, Esquire
Andrew R. Eisemann, Esquire
Michael M. Jerominski, Esquire
Dawn L. Richards, Esquire
Timothy Ziegler, Reimb. Analyst
Karen L. Fisher, Paralegal
Keyoung J. Gill, Paralegal
Janice 1. Fisher, Paralegal
* (Licensed in PA, NJ and MD)
** (Licensed in PA and NJ)
Armand N. Zangardi, III
President
PMPZ, Inc.
I 1 1 Gerard Drive
Scranton, PA 18509
Re: Letter of Representation
Dear Mr. Zangardi:
October 13, 2010
2933 North Front Street
Harrisburg, PA 171 10
Telephone: (717) 233-4101
Facsimile: (717) 233-4103
www. capozziassoci aces. co ni
Mid-Penn Abstract Company
Charter Settlement Company
Telephone: (717) 234-3289
Facsimile: (717) 234-1670
Our rules of professional ethics require us to set forth our fee arrangement in writing at the
commencement of a professional relationship. This letter will describe the scope of services to be provided,
the basis for determining the fees for those services and our general terms-an- d conditions for billing
Scope of Representation
The legal services to be provided by Capozzi & Associates, P.C. to you and PMPZ, Inc are in
connection with negotiations with the Department of Public Welfare regarding your possible acquisition of
the facility currently known as Green Ridge Assisted Living and the appeal of the decision of Adult
Residential Licensing denying your recent application regarding licensure of same.
In addition to the representation described above, you may from time to time ask us to perform
additional legal work or undertake your representation in other matters. This letter constitutes your
authorization for our Firm to perform the additional legal work or represent you in other matters.
We customarily assign the responsibility of coordinating all aspects of our representation of a
particular client to one attorney designated the "client coordinator". All work requests are channeled through
that professional, who is then responsible for coordinating all work assignments. Of course, we encourage
direct communication with the individual attorney(s) working on a particular project. The client coordinator
also is responsible for billing and responding to all questions relating to client fees and our representation.
Bruce G. Baron, Esquire will be performing the role of client coordinator for you.
Basis for Determining Fees
Fees and costs will be billed to you for this matter on an hourly basis.
Each attorney and professional staff member in our office prepares accurate and daily time records
for each file on which they work. Hourly rates are determined periodically by our office, generally each
year, and will vary according to the attorney who provides the services and the type of services requested. A
schedule of current hourly rates in effect for our attorneys and professional staff members are enclosed with
this letter. There is a minimum charge of three-tenths of an hour for phone communications, five-tenths of
EXHIBIT
A
an hour for review of pleadings, correspondence, or other legal documents, and two hours for the preparation
of pleadings and discovery requests and responses. Travel time is fi-om portal to portal.
Should the scope of services to be provided be changed or enlarged beyond those described in this
letter, we reserve the right to amend or supplement this letter and the fees charged for the change or increase
in the scope of services.
We bring a team approach to our work product which is designed to provide economically efficient
and effective representation by matching the hourly rates and experience of our attorneys to the professional
requirements of a particular matter. Where appropriate, we attempt to utilize paralegals for more routine and
repetitive matters with the goal of reducing the overall cost without sacrificing any quality in the product.
Billing Terms and Conditions
Periodic Invoices. Our firm sends periodic invoices, usually monthly, detailing services rendered
during the last billing period plus costs and fees which were advanced on your behalf, such as filing fees,
outside reproduction, express mail fees, computerized research costs, any expert or consultant fees incurred
on your behalf and travel expenses. There is no charge for in-house photocopying, telephone, telecopier
(fax), and postage.
Invoices are due upon receipt and must be paid within thirty (30) days unless other acceptable
-- - - arran.gemen.ts-are- m.ade-i.n_advance We-reserve-therigh.t-to.charge..-interest.at..l.-j/2%-per_.month._for.any.
invoices not paid within sixty (60) days of the date of the invoice. In addition, should it be necessary for us
to take legal action to collect any overdue invoices, you will also be responsible for any and all costs of
collection including, without limitation, reasonable attorneys fees and expenses. Such reasonable attorney's
fees shall include time spent by attorneys employed by this Firm at their usual hourly rates. In addition, the
Parties agree that venue, in the event legal action is necessary, is proper in Dauphin County.
In connection with collection of.a judgment, settlement or other disposition of a case on your behalf,
the Firm is authorized to receive and endorse for deposit to our escrow account any checks, drafts, money
orders or other forms of payment whether or not made payable to the Firm, and to disburse the proceeds,
including attorney's fees and costs, in accordance with the terms of this letter.
Retainer. We will require a retainer for the services to be provided under this engagement in the
amount of $10,000.00. We will hold this retainer for your account in our attorney trust account as security
for the prompt payment of fees and charges billed to you, Upon the completion of this engagement and
payment of all outstanding charges, the retainer will be returned to you.
Credit Hold. Should any invoice for fees and costs remain unpaid for a period in excess of sixty (60)
days, consistent with our responsibilities under the Rules of Professional Conduct, we reserve the right to
temporarily cease work on this engagement until such overdue fees and costs are paid in full or, if our
invoices remain unpaid despite efforts at collecting the same, we reserve the right to terminate the
representation.
Disputed Billing: It is imperative, under the terms of this agreement, that you notify us in writing of
any disputed billing within 15 days of your receipt of a bill. If we do not receive written notice within 15
days, the Parties agree that the amount of the bill can no longer be disputed and that said amount is due and
owing.
UCC Lien. For value received for undisputed legal services, as described above, and after default of this Fee
Agreement in excess of 60 days, intending to be legally bound hereby, you hereby grant and assign and you
agree that Capozzi & Associates, P.C. shall have, and there is hereby created in favor of Capozzi &
Associates, P.C., a security interest in your tangible and intangible personal property, now or hereafter in
existence, including the proceeds thereof and the increases, substitutions, replacements, additions, and
accessions thereto, hereinafter referred to collectively as the "Collateral," to secure that certain obligation of
you owed to Capozzi & Associates, P.C. after the declaration of Default of this Fee Agreement. In addition
to all rights and remedies given to Capozzi & Associates, P.C. by this Security Agreement, Capozzi &
Associates, P.C. shall have all the rights and remedies of a secured party under the Pennsylvania Uniform
Commercial Code. I authorize Capozzi & Associates, P.C. to file a financing statement covering the
Collateral.
Reproduction of Complete File. In the event that you request a complete copy of your file or your file in its
entirety, it is understood that you will pay a copy charge of .10 cents per copy and all time spent by our staff
and attorneys, at their usual hourly rates, for gathering the file and insuring the requested copy is complete.
The above paragraph is applicable even if you request your original file because we must keep a copy for our
records.
CONFESSION OF JUDGMENT. THE UNDERSIGNED HEREBY EMPOWERS ANY
ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OF AMERICA OR
ELSEWHERE TO APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT
FILED, CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF ANY HOLDER
HEREOF, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, AS HEREINABOVE DEFINED,
FOR THE UNPAID BALANCE OF UNDISPUTED LEGAL FEES, AS DESCRIBED ABOVE,
TOGET)?ER WITH UNPAID INTEREST THEREON, COSTS OF SUIT AND ATTORNEY'S FEES, AS
DESCRIBED ABOVE, ON WHICH JUDGMENT ONE OR MORE EXECUTIONS MAY ISSUE
FORTHWITH. THE UNDERSIGNED HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS
IN SAID PROCEEDINGS, WAIVES STAY OF EXECUTION, AND WAIVES ALL EXEMPTIONS
FROM LEVY AND SALE OF ANY PROPERTY THAT NOW ARE OR HEREAFTER MAY BE
APPLICABLE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT
SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE
SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE POWER SHALL
CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS
THE HOLDER HEREOF SHALL ELECT UNTIL SUCH TIME AS THE HOLDER SHALL HAVE
RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST, ATTORNEY'S FEES AND COSTS.
INTEREST ON THE OBLIGATION EVIDENCED HEREBY SHALL CONTINUE TO ACCRUE AT THE
ABOVE-STATED RATE AFTER THE ENTRY OF JUDGMENT HEREON. THE UNDERSIGNED
HEREBY WAIVES ITS RIGHTS TO NOTICE AND A HEARING CONCERNING THE VALIDITY OF
THE HOLDER'S CLAIMS HEREUNDER AND AGREES AND CONSENTS TO JUDGMENT BEING
ENTERED BY CONFESSION IN ACCORDANCE WITH THE TERMS HEREOF AND EXECUTION
BEING LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE
UNDERSIGNED, IN EACH CASE WITHOUT FIRST BEING GIVEN NOTICE AND THE
OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON WHICH
SUCH JUDGMENT IS ENTERED.
Attorney's Lien. As provided by Pennsylvania law, we will retain an attorney's lien for payment on
all files and other documents and materials collected or generated by this firm in the course of this
representation, and reserve the right to retain those files and other materials until paid in full.
If, at any time during the course of our professional relationship, you have any questions regarding
our services or our fees, please raise them with me. We strongly encourage open and frank discussions about
our work product and fees. We find that good communication enhances our professional relationship with
our clients and facilitates our ability to address effectively and economically the legal challenges facing
them.
If these terms are acceptable to you, please sign this letter and return it to us in the enclosed self-
addressed, stamped envelope with the retainer. The enclosed copy of this letter is for your records. We will
not be able to commence work on this matter until we receive your signed acceptance of the conditions of
this agreement and retainer.
We thank you for the opportunity to perform legal services for you, and we look forward to working
with you.
fjlc,prely,
_7 .....,....
Louis,?J. Capozzi, Jr., Esquire
LJC/klf -- °
enc.
Accepted and Agreed to:
Name: Armand Zang i, 1
Title: President
Date: ?? ZL^ f b
CAPOZZI & ASSOCIATES, P. C.
Current Hourly Rates for Attorneys and Professional Staff Members
Louis J. Capozzi, Jr. Esquire
Daniel K. Natirboff, Esquire
Donald R. Reavey, Esquire
Craig I. Adler, Esquire
Bruce G. Baron, Esquire
Andrew R. Eisemann, Esquire
Andrew R. Eisemann, Esquire
Michael M. Jerominski, Esquire
Dawn L. Richards, Esquire
Timothy T. Ziegler. Reimbursement Analyst
Law Clerks
Paralegals__
$250
$250
$250
$250
$250
$200
$175 Collection Matters
$150
$150
$220
$90
$90
CapoZzi & A
ss
ociat
es, P. C.
o
B
?
Harrisburg, PA 17110
Ph: (717) 233-4101 Fax:(717) 233-4103 EIN #: 23-2911821
Armand N. Zangardi, III November 15, 2010
PMPZ, Inc.
111 Gerard Drive
Scranton, PA 18509
File #: 462-10
Inv #: 55702
RE: Possible Purchase of Green Ridge Assisted Living
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Oct-13-10 Telephone call from and a-mails from and to 1.00 250.00 BGB
AJ Zangardi re status; a-mails to and from
Karen Fisher and Louis Capozzi Jr. re Fee
Agreement for same; telephone call from Dov
Feldman re status of his application; a-mails to
and from Karen Fisher re same;; telephone call
to same that Certificate of Occupancy is still
.required to perfect his application; a-mails to
and from DPW Counsel re prepare for
mediation and Settlement ideas, with copies to
clients; voicemail from and to DPW Counsel
Oct-14-10 :Mediation conference with DPW Counsel and 1.50 375.00 BGB
ARL Director at Commonwealth Court; office
conference with Louis Capozzi Jr. re same;
e-mail to clients re same; a-mails from and to
AJ Zangardi re same; a-mails to and from
Karen Fisher re return of Feldman documents
to him
Oct-18-10 E-mails from and to AJ Zangardi re status of 1.00 250.00 BGB
transition plans for PCH; e-mails from and to
DPW Counsel re proposed Settlement; a-mails
to and from AJ Zangardi re same
Oct-19-10 E-mails to and from client re status of 1.00 250.00 BGB
discussions with bank and new administrator;
telephone call from Pat Zangardi re status;
EXHIBIT
__0_ -
e-mails to Craig Adler and Andrew Eisemann
re status issues
Oct-20-10 E-mails from and to AJ Zangardi and parents 2.50 625.00
re review of proposed form of Order to resolve
appeals and status of getting new
Administrator and with bank
Oct-21-10 E-mails from and to client re form of 2.00 500.00
Settlement to Department of Welfare; a-mails
to and from DPW Counsel re preparation of
same; a-mails from and to AJ Zangardi re
status of affairs with Bank, new administrator
and possible partners; transmit form of
Settlement to DPW for review, with copy to
clients
Oct-22-10 E-mail from and to DPW Counsel and clients 4.00 1,000.00
re terms of Settlement; telephone conference
with DPW Counsel and Rich Procida at Court
Mediation Program re status; e-mail to Louis
Capozzi Jr. re status
Oct-25-10 E-mails from and to DPW Counsel re signing
Settlement Agreement; e-mails to and from AJ
Zangardi re same; a-mails from and to Louis
Capozzi Jr. and Craig Adler re closing issues
for same; a-mails from and to DPW counsel
and Court mediation Office on form of Order;
e-mails from and to AJ Zangardi re prepare to
implement settlement and status of payments
3.00
750.00
Oct-26-10 E-mails to and from AJ Zangardi re status of
his preparation for filing License; E-mails
from and to DPW Counsel re signing same;
e-mail from and to Mediation Program re
Court OK for form of Order and processing
same for filing; telephone call from AJ
Zangardi re status and preparation of
Application for filing with DPW
Oct-27-10 File Settlement Agreement with Court; e-mails
from and to DPW Counsel re same; a-mails to
clients re same; E-mails to and from Karen
Fisher re same; draft letter to BHA to transmit
same; draft letter to Judge Quigley (Mediator)
re same; office conference with Karen Fisher
re filing same; a-mails from and to Louis
Capozzi Jr. re status, fee Agreement and
payment schedule; e-mail to Karen Fisher re
2.00
3.00
500.00
750.00
BGB
BGB
BGB
BGB
BGB
BGB
copying BHA in Plymouth on Settlement;
e=-mails from and to AJ Zangardi re ad in
paper for Manager
Oct-28-10 E-mail from AJ Zangardi re status of hiring
manager
Oct-29-10 E-mails to and from AJ Zangardi re status of
Court Order on Settlement and his schedule to
resubmit License Application, and his
correspondence with Bank on financial status;
check Court docket for status; voicemail from
Dov Feldman
Totals
Total Fees & Disbursements $5,575.00 '
-- 500, DO
Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon
must be submitted in writing within 15 days of receipt.
Please put Invoice Number on your check, Thank You
..... .,.
0.10 25.00 BGB
1.20 300.00 BGB
22.30 $5,575.00
CapozZi & Ao socia 6es, P. C.
Harrisburg, PA 17110
Ph: (717) 233-4101
Fax:(717) 233-4103
EIN #: 23-2911821
Armand N. Zangardi, III
PMPZ, Inc.
111 Gerard Drive
Scranton, PA 18509
December 9, 2010
File #: 462-10
Inv #: 56128
RE: Possible Purchase of Green Ridge Assisted Living
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Nov-01-10 E-mails to and from AJ Zangardi re status of 0.10 25.00 BGB
payment of Retainer
Nov-02-10 E-mails to and from AJ Zangardi re status of 0.10 25.00 BGB
his application for License
Nov-03-10 E-mails to and from AJ Zangardi re status of 1.00 250.00 BGB
revised PCH Application and requirements for
same
Nov-04-10 E-mail from AJ Zangardi re receipt of 0.20 50.00 BGB
installment payment with copy to Joan Hoke
for follow up; telephone call from AJ Zangardi
re status of Preparation for filing PCH
Application and getting new Manager and
possible sale
Nov-05-10 E-mails to and from AJ Zangardi re 0.10 25.00 BGB
preparation of materials for PCH Application
resubmission
Nov-08-10 E-mails from and to AJ Zangardi re drafts of 1.00 250.00 BGB
documents to submit with reapplication for
PCH License (Lease and Manager Contract)
and re timing for submittal
Nov-11-10 E-mails from and to AJ Zangardi re status of 0.30 75.00 BGB
resubmission for PCH license; telephone call
from AJ Zangardi re work in other facilities
..,b„
Nov-12-10 E-mails from and to AJ Zangardi re problem 0.50 125.00 BGB
with finding manager and recommendation of
Qunique and re hiring Michelle Taylor and
preparation of application
Nov-16-10 E-mails to and from AJ Zangardi re status of 0.20 50.00 BGB
PCH License Application
Nov-17-10 E-mails from and to AJ Zangardi re status of 1.50 375.00 BGB
application for PCH License and recent DPW
Guidance for Manager qualifications; Office
conference with AJ Zangardi re status and
possible further transfer and question of
Waiver of CHOW Notices to residents; e-mail
to DPW Counsel re status; review Default
letter from DPW on late timing and cure limit;
e-mail to AJ Zangardi re same
Nov-23-10 E-mails to and from AJ Zangardi re Notice of 0.10 25.00 BGB
Developments in Licensing
Nov-27-10 Review status of application for PCH licensure 0.10 20.00 ARE
Totals 5.20 $1,295.00
Total Fees & Disbursements $1,295.00
Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon
must be submitted in writing within 15 days of receipt.
Please put Invoice Number on your check, Thank You
CapozZi & AsTo cfates, P. C.
P. O. x 866
Harrisburg, PA 17110
Ph:(717) 233-4101
Fax:(717) 233-4103
EIN #:23-2911821
Armand N. Zangardi, III
PMPZ, Inc.
111 Gerard Drive
Scranton, PA 18509
January 14, 2011
File #: 462-10
Inv #: 56507
RE: Possible Purchase of Green Ridge Assisted Living
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Dec-01-10 E-mails to and from AJ Zangardi re status of 0.30 75.00 BGB
ARL responses on new manager and other
document requests; telephone call from
Armand Zangardi re status of approval of new
entitty; e-mail to DPW Counsel re status of
OK for new manager
Dec-02-10 E-mails from and to DPW Counsel re approval 0.10 25.00 BGB
of manager; a-mails to and from AJ Zangardi
re same
Dec-07-10 E-mails to and fromAJ Zangardi re status of 0.10 25.00 BGB
preparation of Licensure materials and
payment
Dec-10-10 E-mails to and from AJ Zangardi re status of 0.10 25.00 BGB
licensing materials; e-mail to DPW Counsel re
same
Dec-14-10 Telephone call from Commonwealth Court 0.50 125.00 BGB
Mediation Unit on status of Settlement; e-mail
to DPW Counsel re same; a-mails from and to
DPW Counsel re letter on needed Supplement
to application packet; a-mails to and from AJ
Zangardi re same; review of letter
Dec-20-10 E-mails to and fromAJ Zangardi re status 0.20 50.00 BGB
Dec-21-10 E-mails from and to AJ Zangardi and DPW 0.50 125.00 BGB
?... „ . ., .,..., , ..mob..
Counsel re status of licensure application and
inspection date
Dec-29-10 E-mails to and from DPW Counsel re possible
need to extend stay due to delay in site
inspection and licensing
Dec-30-10 E-mails from and to Joan Hoke re status of
Monthly payment; a-mails to and from AJ
Zangardi re same
Totals
Total Fees & Disbursements
J till NNl' 1 -I ? V V 1 1
0.30 75.00 BGB
0.10 25.00 BGB
2.20 $550.00
$550.00
Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon
must be submitted in writing within 15 days of receipt.
Please put Invoice Number on your check, Thank You
CapozZi & ORSTfliZ6es, P. C.
Harrisburg, PA 17110
Ph: (717) 233-4101
Armand N. Zangardi, III
PMPZ, Inc.
111 Gerard Drive
Scranton, PA 18509
Fax:(717) 233-4103
EIN #:23-2911821
February 15, 2011
File #: 462-10
Inv #: 56879
RE: Possible Purchase of Green Ridge Assisted Living
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jan-03-11 E-mail to DPW Counsel re her drafting 0.10 25.00 BGB
Motions for Extensions of Stays
Jan-04-11 E-mails from and to DPW Counsel re Petition 1.20 300.00 BGB
to extend Court STAY pending licensure;
review same and file same; a-mails form and
to client re inspection and issues with ban on
admission; a-mails to and from DPW Counsel
re same
Jan-05-11 E-mails from and to DPW Counsel re status of 0.10 25.00 BGB
new license
Jan-07-11 E-mails to and from AJ Zangardi re status of 0.10 25.00 BGB
approval of plan of correction and issuance of
new license; e-mail from DPW Counsel re
same
Jan-10-11 E-mails to and from AJ Zangardi re status of 0.10 25.00 BGB
plan of correction and license
Jan-11-11 E-mails to and from AJ Zangardi re status of 0.10 25.00 BGB
filing Plan of Correction and License
Jan-12-11 E-mails to and fromAJ Zangardi re payment 0.10 25.00 BGB
for services and status of plan of correction;
review Court Order granting extension of
STAY
L.LL v v? vv ,, . ?...., ? i ubv ?,
Jan-13-11 E-mail to and from DPW Counsel re status of
new license
Jan-18-11 E-mails to and form AJ Zangardi re status of
license
Jan-19-11 E-mail to DPW Counsel on status of new
license
Jan-24-11 E-mails to and from AJ Zangardi re status of
new license; e-mail to DPW Counsel re same
and current deadline
Jan-27-11 E-mails to and from AJ Zangardi re status of
issuance of license; a-mails to and from DPW
Counsel re same with copies to AJ Zangardi
Jan-28-11 E-mails from and to DPW Counsel re status of
reinspection and issuance of license; a-mails to
and from client re same
Jan-31-11 E-mails to and from AJ Zangardi re status of
license; e-mail to DPW counsel re issuance of
license; e-mail to AJ Zangardi re same, with
copy to Lou Capozzi Jr. and Craig Adler for
file; prepare discontinuance notices for filing
with court and BHA
Totals
Total Fees & Disbursements
$850.00
Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon
must be submitted in writing within 15 days of receipt.
Please put Invoice Number on your check, Thank You
0.10
0.10
0.10
0.10
1 VVa NL4LJ L?? vv11
25.00 BGB
25.00 BGB
25.00 BGB
25.00 BGB
0.10 25.00
0.10 25.00
BGB
BGB
1.00 250.00 BGB
3.40 $850.00
CapoZzi & AossBocsa 6es, P. C.
Harrisburg, PA 17110
Ph: (717) 233-4101
Fax:(717) 233-4103
EIN #:23-2911821
Armand N. Zangardi, III
PMPZ, Inc.
111 Gerard Drive
Scranton, PA 18509
March 16, 2011
File #: 462-10
Inv #: 57334
RE: Possible Purchase of Green Ridge Assisted Living
DATE DESCRIPTION
Feb-01-11 E-mail to both Zangardis re filing of closure
for Court and BHA appeals
Totals
Total Fees & Disbursements
HOURS AMOUNT TIMEKEEPER
0.30 75.00 BGB
0.30 $75.00
$75.00
Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon
must be submitted In writing within 15 days of receipt.
Please put Invoice Number on your check, Thank You
Lou's J. Capozzi, Jr., Esquire*
15aniel K. Natirboff, Esquire
'Donald R. Reavey, Esquire
Craig I. Adler, Esquire **
Andrew R. Eisemann, Esquire
Bruce G. Baron, Esquire
Dawn L. Richards, Esquire
Philip C. Warholic, Esquire
Matthew A. Thomsen, Esquire **
Brandon S. Williams, Esquire
Paul R. Van Fleet, Esquire
Timothy Ziegler, Reimb. Analyst
Karen L. Fisher, Paralegal
Keyoung J. Gill, Paralegal
Gwenn M. Keene, Paralegal
*(Licensed in PA, NJ and MD)
**(Licensed in PA and NJ)
Armand N. Zangardi, III
PMPZ, Inc.
111 Gerard Drive
Scranton, PA 18509
January 18, 2012
Re: Account with Capozzi & Associates, P.C.
Delinquent Account Balance: $5,845.00, plus costs of collection
Our Matter No. TBD-12
Dear Mr. Zangardi:
Mid-Penn Abstract Company
Charter Settlement Company
Telephone: (717) 234-3289
Facsimile: (717) 234-1670
As you are aware, our law firm represented PMPZ, Inc. in a matter regarding the purchase of Green Ridge
Assisted Living. Please note that there is an outstanding balance due and owing in the amount of $5,845.00 for legal
services rendered. Enclosed please find a copy of the unpaid invoices regarding your delinquent balance.
Please be advised that if this obligation is not paid within ten (10) days of the date of the within letter, we will
have no alternative but to institute legal proceedings against your company without further notice. If it becomes
necessary to institute legal proceedings, the legal fees and court costs incurred will further increase your company's
debt. When suit is filed it may give rise to the following consequences:
1. To defend this suit, it may be necessary for you to appear in court.
2. If a judgment is obtained against you, you may be required to pay court costs, attorney's fees, and
interest in addition to the money you now owe.
3. If a judgment is obtained against you, a writ of execution may be issued ordering the seizure and
sale of your personal or real property.
4. As a matter of public record, a judgment will negatively affect your credit rating.
As such, I respectfully request that you remit payment in the amount of $5,845,00, within 10 days from the
date of this letter, to Capozzi & Associates, P.C., P.O. Box 5866, Harrisburg, PA 17110. If we do not receive payment
from you within that time, you will not receive any further notice prior to the institution of legal proceedings against
PMPZ, Inc.
I trust that you will give this Notice your immediate attention.
PCW/
Enclosures
r
THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT
A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
Mailing Address: P.O. Box 5866
Harrisburg, PA 17110
Telephone: (717) 233-4101
Facsimile: (717) 233-4103
www.copozziassociates.com
CAPOZZI & ASSOCIATES, P.C., : IN THE COURT OF COMMON PLEAS OF
a Pennsylvania Professional Corporation, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. Id- A*S tvilTer&
PMPZ, INC.
Defendant CONFESSION OF JUDGMENT FOR MONEY
CERTIFICATE OF RESIDENCE UNDER RULE 2951
I do hereby certify that the precise residence and complete post office address of the
Plaintiff, Capozzi & Associates, P.C., is 1200 Camp Hill Bypass, Suite 205, Camp Hill,
Cumberland County, Pennsylvania 17011 - Mailing Address: P.O. Box 5866, Harrisburg,
Dauphin County, Pennsylvania 17011.
I do hereby certify that the precise residence and complete post office address of the
Defendant, PMPZ, Inc., 111 Gerard Drive, Scranton, Lackawanna County, Pennsylvania 18509.
Respectfully submitted,
Dated: ) 1 /i rll ?
Philip' C. Wolic, Esquire
Capozzi & sociates, P.C.
P.O. Box 5866
Harrisburg, PA 17110 n [
(717) 233-4101 c N
°
Attorney for Plaintiff zr rn
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CAPOZZI & ASSOCIATES, P.C.,
a Pennsylvania Professional Corporation,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
PMPZ, INC.
Defendant
NO. /a - 10`/5 Civil e e-
: CONFESSION OF JUDGMENT FOR MONEY
NOTICE UNDER Pa.R.C.P RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: PMPZ, Inc., Defendant:
A judgment in the amount of $7,082.32, plus post judgment interest, attorneys' fees and
costs of suit, has been entered against you and in favor of the Plaintiff without any prior notice or
hearing based on a Confession of Judgment contained in a written agreement or other paper
allegedly signed by you. The Sheriff may take your money or other property to pay the
judgment at any time after thirty (30) days after the date on which this notice is served on
you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
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
32 SOUTH BEDFORD
STREET CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Dater
Phili C. holic, Esquire M rn
-
rn
No.. 86341
Attorney 7
,x- VM
P.O. Box
5?6?16 t:<
Harrisburg, PA 17110
(717) 233-410 1 w
Attorneys for Plaintiff o
CAPOZZI & ASSOCIATES, P.C.,
a Pennsylvania Professional Corporation,
V.
PMPZ, INC.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. /a1 - 110N5 leiVi l (C.rjk-
Defendant : CONFESSION OF JUDGMENT FOR MONEY
Rule 236 NOTICE OF ENTRY OF JUDGMENT
NOTICE OF DEBTOR'S RIGHTS
TO: PMPZ, Inc., Defendant
You are hereby notified that on judgment by
confession was entered against you in the sum of $7, 82.3 , us po -Judgment interest and costs of suit.
FA .'
DATE:
othon V4 4 X"
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OF 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
32 SOUTH BEDFORD
STREET CARLISLE, PA 17013
1-800-990-9108
717-249-3166
I hereby certify that the following is the address of the Defendant(s) stated in the certificate of residence:
PMPZ, Inc.
111 Gerard Drive
Scranton, Pennsylvania 18509
Respectfully submitted, J
Philip C. arholic, Esquire
Capozzi Associates, P.C.
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
ON01p 01
u?raGr J. ?fh
1/
OFF', F r ..?..c'F
tGl s ;' 28 AN 8: 42
rENNSYLV'A'NfA,
Capozzi & Associates, PC
vs.
PMPZ, Inc.
Case Number
2012-1045
SHERIFF'S RETURN OF SERVICE
02/27/2012 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: PMPZ, Inc., but was unable to locate them in his
bailiwick. He therefore deputized the Sheriff of Lackawanna County, Pennsylvania to serve the within
Complaint In Confession of Judgment according to law.
03/05/2012 John J. Szymanski, Sheriff of Lackawanna County, who being duly sworn according to law, states that on
March 5, 2012 this Complaint in Confession of Judgment upon defendant PMPZ, Inc. is returned not
served per request from Capozzi & Associates Office.
SHERIFF COST: $37.00 SO ANSWERS,
March 21, 2012 ROW R ANDERSON, SHERIFF
(C? coup Ys Ulte '.`;N rl". 'e'.. eo::;ft. I!:.,.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2012-00117 T
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Lack wann5 County
CAPOZZI AND ASSOC. PC
VS
PMPZ INC.
DAVID PASCOLINI Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
PMPZ,INC.
but was
unable to locate Them in his bailiwick. He therefore returns the
COMPLAINT - CONFESSION
the within named DEFENDANT , PMPZ,INC.
111 GERARD DRIVE
NOT SERVED , as to
SCRANTON, PA 18509
NOT SERVED,RECALL PAPER,DO NOT SERVE,03/05/2012
Sheriff's
Docketing
Service
Affidavit
Surcharge
-osts:
.00
.00
00
Q .00
.00
.00
So answers:
John Szymanski, Sheriff
By: n
DAVID PASCOLINI
Deputy Sheriff
00/00/0000
Sworn and subscribed to before me
this day of
A. D.
Notary