HomeMy WebLinkAbout12-1046CAPOZZI & ASSOCIATES, P.C., IN THE COURT OF COMMON PLEAS OF
a Pennsylvania Professional Corporation, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
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DELONG GREEN ACRES PERSONAL
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Defendant CONFESSION OF JUDGMENT FOR IQ1 J
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CONFESSION OF JUDGMENT WHERE ACTION 5;Z
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COMMENCED BY COMPLAINT -c C3
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 April 2011 -
September 2011 $ 2,395.00
b. Accumulated late charges pursuant to Letter $ 328.41
TOTAL AMOUNT DUE $ 2,723.41
*Plus interest from date of judgment until Defendant's obligation is satisfied, attorneys' fees and
costs of suit.
Respectfully submitted, !
J/?? A,
Philip C.arholic, Esquire
Capozzi ssociates, P.C.
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Defendant
441o-oo PA ?Qrn1
C*01g116
CAPOZZI & ASSOCIATES, P.C., IN THE COURT OF COMMON PLEAS OF
a Pennsylvania Professional Corporation, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
DELONG GREEN ACRES PERSONAL
CARE HOME,
Defendant
NO. 1 lCl y "fC/n
: 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:
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, Delong Green Acres Personal Care Home, is a Pennsylvania
corporation having its last known principal place of business at 8 Church Street,
Washingtonville, Montour County, Pennsylvania 17821.
3. In April 2011, Capozzi and Defendant started a professional relationship for legal
services through its agent, Bruce Hunsinger. A true and correct copy of a Letter of
Representation ("Letter"), dated April 25, 2011, 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
1
are due upon receipt and must be paid within thirty (30) days unless other acceptable
arrangements are made in advance."
5. 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
2
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.
7. Defendant's obligation under the Letter has not been released, transferred, or
assigned by Capozzi or by Defendant.
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 April 2011 -
September 2011 $ 2,395.00
b. Accumulated late charges pursuant to Letter $ 328.41
TOTAL AMOUNT DUE $ 2,723.41 *
*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
$2,723.41, plus post judgment interest, attorneys' fees and cost of suit.
Respectfully submitted,
Capozzi &,V,,
P.O. Box 5866
, ,squire
rtes, P.C.
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
4
CAPOZZI & ASSOCIATES, P.C., IN THE COURT OF COMMON PLEAS OF
a Pennsylvania Professional Corporation, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
DELONG GREEN ACRES PERSONAL
CARE HOME,
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.
Esquire
Managing artn
Capozzi & c tes, P.C.
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
Michael M. Jerominski, Esquire
Dawn L. Richards. Esquire
Timothy Ziegler, Reimb. Analyst
Karen L. Fisher, Paralegal
Keyoung J. Gill, Paralegal
* (Licensed in PA, NJ and MD)
** (Licensed in PA and NJ)
Ca o .; "I l ,Ssociates, P.G.
ttorn" s ?t aw
i
-44
April 25, 2011
Bruce Hunsinger
Delong Green Acres Personal Care Home
P.O. Box 243
8 Church Street
Washingtonville, PA 17821
Re: Letter of Representation
Our Matter Number: 706-03
Dear Mr. Hunsinger:
2933 North Front Street
Harrisburg, PA 17110
Telephone: (717) 233-4101
Facsimile: (717) 233-4103
www.capozziassociates.com
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 and conditions for billing.
Scope of Representation
The legal services to be provided by Capozzi & Associates, P.C. to Delong Green Acres Personal
Care Home are in connection with an appeal pending before the Department of Public Welfare's Bureau of
Hearings and Appeals regarding licensure of the Personal Care Home.
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 custoInarliy assign the respottsiblil'ty of cour dinatilig aii aspects of our repr escr tation 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.
Louis J. Capozzi, Jr., Esquire will be performing the role of client coordinator for you.
Basis for Determinine Fees
Fees and Costs for this engagement will be billed to you 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
EXHIBIT
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
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 from 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. Qur 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
arrangements are made in advance. We reserve the right to charge interest at 1 `/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. It is specifically agreed that
the proceeds may be applied to any past due account even if the past due account has no relationship to the
matter for which the proceeds were collected.
Retainer. We will require a retainer for the services to be provided under this engagement
in the amount of $2,000.00. 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,
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 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.
CapozZi & A0ssBocsa6es, P. C.
Harrisburg, PA 17110
Ph: (717) 233-4101 Fax:(717) 233-4103 EIN #: 23-2911821
Bruce Hunsinger, Owner June 13, 2011
Delong Green Acres Personal Care Home
8 Church St.
P. O. Box 243
Washingtonville, PA 17821
File 847-11
Inv 58827
RE: Provisional License Appeal
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Apr-22-11 E-mails from and to Dan Natirboffre new 1.00 250.00 BGB
PCH Appeal case; review information on
facility on DPW website
May-05-11 Telephone call from client and to Bruce Baron 0.60 150.00 DKN
regarding status and next steps
May-06-11 Telephone call to client re status of Appeals; 2.00 500.00 BGB
review of fax from client on DPW Counsel
involved; e-mail to DPW Counsel re
appearance and possible approach to
Settlement; e-mail to DPW Counsel re status
of other pending provisional license appeal;
e-mail to Karen Fisher re getting information
on same and entry of appearance in appeals
May-09-11 Entries of Appearance in two pending 0.30 75.00 BGB
Licensure Appeals
May-10-11 Telephone call from Donna Hunsinger re 0.30 75.00 BGB
setting up meeting to prepare for hearing and
re status of discussions with DPW counsel and
need for additional documents about pending
provisional license appeal
May-11-11 Telephone call from DPW Counsel re 0.50 125.00 BGB
settlement and status of cases; e-mail to client
re same
XHIBIT
E
E
111V V1VV if.
Y ?
May-12-11
May-13-11
May-16-11
May-20-11
May-24-11
May-31-11
JUUL / 1 0.b'G L
Telephone call from Donna Hunsinger re Rule
to Show Cause and status of Settlement;
review Rule to Show Cause; draft proposed
stipulation; e-mail to same for review and
comment
Telephone call from Donna Hunsinger re
proposed Settlement protocol; e-mail to DPW
Counsel re same
E-mail to DPW Counsel re status of
Settlement proposal; a-mails form and to client
re questions about status of 40 bed resumption;
e-mail to DPW Counsel re same
E-mail to DPW Counsel re status of
Settlement
E-mails to and from DPW Counsel re possible
Settlement protocols, with copies to client with
comments; a-mails from and to client re same
Review of a-mails regarding possible
settlement of matter
E-mails from and to DPW Counsel re
clarification of Settlement proposal, with
copies to client; faxes from DPW Counsel
with copies of Witness and Exhibit lists;
review same;; telephone conference Bruce
Hunsinger re Settlement and conversion to
Boarding Home; a-mails from and to client re
same; e-mail to DPW Counsel re same
Totals
DISBURSEMENTS
May-09-11 Courier
May-13-11 Courier
Totals
J U114 1JLV11
2.00 500.00 BGB
1.00 250.00
0.60 150.00
0.10 25.00
1.00 250.00
0.40 100.00
2.00 500.00
11.80 $2,950.00
Disbursements
15.00
15.00
$30.00
BGB
BGB
BGB
BGB
DKN
BGB
Receipts
$0.00
111 Y V L V V TT ? ? V V L/ 1 /d s V J J u11V 1? ? ?+ V 1 1
Total Fees & Disbursements
$2,980.00
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 & AossBocSa 6es, PC
Harrisburg, PA 17110
Ph: (717) 233-4101 Fax:(717) 233-4103
Bruce Hunsinger, Owner
Delong Green Acres Personal Care Home
8 Church St.
P. O. Box 243
Washingtonville, PA 17821
EIN #: 23-2911821
July 15, 2011
File #: 847-11
Inv #: 59257
RE: Provisional License Appeal
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Jun-02-11 E-mails from and to DPW Counsel on status of 0.30 75.00 BGB
Settlement, with copies to client; telephone
call from BHA to confirm continuance of
hearing on 6/6/2011 pending Settlement;
e-mail to client to confirm cancellation of
hearing
Jun-08-11 E-mails from and to client re status of 0.30 75.00 BGB
Settlement; a-mails to and from DPW Counsel
re same
Jun-10-11 E-mail to DPW Counsel re status of 1.00 250.00 BGB
Settlement; telephone call from Client re same;
review Settlement draft from DPW Counsel;
e-mail to DPW Counsel re suggested changes
to same with copy to client
Jun-14-11 E-mails from and to DPW Counsel re form of 0.30 75.00 BGB
Settlement Agreement; a-mails to client re
same
Jun-15-11 E-mails from and to DPW Counsel re terms of 0.10 25.00 BGB
Settlement
Jun-20-11 E-mails from and to DPW counsel re ban on 0.10 25.00 BGB
admission lifting after settling; e-mail to client
re same; a-mails to and from Karen Fisher re
processing form of settlement
Jun-22-11 E-mail to client re form of settlement to sign
and return
Jun-23-11 E-mails from and to client re options for other
kinds of operations and related regulations for
same and status of signed settlement form;
reviewed signed form of settlement and signed
and e-mailed DPW counsel of same to arrange
for processing; office conference with Karen
Fisher re processing same; e-mailed client re
same
Jun-24-11 E-mails from and to DPW Counsel re status of
their signing Stipulation form; a-mails to and
from client re end of ban on Admissions and
licensed capacity
Jun-27-11 Review letter from DPW Counsel to BHA with
Settlement
Totals
DISBURSEMENTS
Jun-23-11 Courier
Totals
Total Fees & Disbursements
0.10
1.00
25.00 BGB
250.00 BGB
0.30 75.00
0.10 25.00
3.60 $900.00
Disbursements
15.00
$15.00
$0.00
$915.00
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
BGB
BGB
Receipts
Capozzi & AossBociat?es, P. C.
Harrisburg, PA 17110
Ph: (717) 233-4101
Bruce Hunsinger, Owner
Delong Green Acres Personal Care Home
8 Church St.
P. O. Box 243
Washingtonville, PA 17821
RE: Provisional License Appeal
Fax:(717) 233-4103
DATE DESCRIPTION
Jul-07-11 E-mails form and to client re their receipt of
new P2 PCH License and new e-mail address
Jul-25-11 E-mails from and to Bruce Hunsinger re
implementation of Settlement and scope of
operations for Boarding Home
Totals
Total Fees & Disbursements
EIN #: 23-2911821
August 10, 2011
File #: 847-11
Inv #: 59679
HOURS AMOUNT TIMEKEEPER
0.10 25.00 BGB
0.10 25.00 BGB
0.20 $50.00
$50.00
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 & AossBocia 6es, P. C.
Harrisburg, PA 17110
Ph: (717) 233-4101
Fax:(717) 233-4103
EIN #: 23-2911821
Bruce Hunsinger, Owner September 20, 2011
Delong Green Acres Personal Care Home
8 Church St.
P. O. Box 243
Washingtonville, PA 17821 File #: 847-11
Inv #: 60171
RE: Provisional License Appeal
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Aug-17-11 E-mails from and to clients and Craig Adler re 0.30 75.00 BGB
CHOW to sell facility to son and set up new
entities
Aug-18-11 E-mails from and to client re new fee 0.60 150.00 BGB
agreement for Son's Acquisition of facility and
re problem with new letterhead use of
"Assisted Living Community"; a-mails from
and to Louis Capozzi Jr. and Joan Hoke re
need for new Fee Agreement and Retainer
Aug-20-11 Review of/draft e-mails re CHOW issues 0.60 150.00 LJC
Totals 1.50 $375.00
Total Fees & Disbursements $375.00
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 & AossBociat6es, P. C.
Harrisburg, PA 17110
Ph: (717) 233-4101 Fax:(717) 233-4103
Bruce Hunsinger, Owner
Delong Green Acres Personal Care Home
8 Church St.
P. O. Box 243
Washingtonville, PA 17821
RE: Provisional License Appeal
DATE DESCRIPTION
Sep-05-11 Review of/draft e-mails to Bruce Baron re
status of licensure
Totals
Total Fees & Disbursements
EIN #: 23-2911821
October 12, 2011
File #: 847-11
Inv #: 60712
HOURS AMOUNT TIMEKEEPER
0.30 75.00 LJC
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
,'Louis J, Capozzi, Jr., Esquire*
Daniel 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)
Bruce Hunsinger
Delong Green Acres Personal Care Home
P.O. Box 243
8 Church Street
Washingtonville, PA 17821
January 18, 2012
Re: Account with Capozzi & Associates, P.C.
Delinquent Account Balance: $2,395.00, plus costs of collection
Our Matter No.
Dear Mr. Hunsinger:
Mid-Penn Abstract Company
Charter Settlement Company
Telephone: (717) 234-3289
Facsimile: (717) 234-1670
As you are aware, our law firm represented Delong Green Acres Personal Care Home in a matter regarding a
provisional license appeal. Please note that there is an outstanding balance due and owing in the amount of $2,395.00
for legal services rendered. Enclosed please find a copy of the unpaid invoices regarding your delinquent balance.
If this obligation is not paid, I 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 $2,395.00, 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
Delong Green Acres Personal Care Home.
I trust that you will give this Notice your immediate attention.
ly yo ,
V
;,lip C. lic
PCW/
Enclosures
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.capozziassociates.com
CAPOZZI & ASSOCIATES, P.C., IN THE COURT OF COMMON PLEAS OF
a Pennsylvania Professional Corporation, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
DELONG GREEN ACRES PERSONAL
CARE HOME,
Defendant
NO. lot - 10444 0Ivi1 r
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 17110.
I do hereby certify that the precise residence and complete post office address of the
c
Defendant, Delong Green Acres Personal Care Home, 8 Church Street, Washington M- 0=-n
County, Pennsylvania 17821. ?p -.s
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Respectfully submitted, A
Philip C.?arholic, Esquire
Capozzi Associates, P.C.
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
Dated: )1(40
CAPOZZI & ASSOCIATES, P.C.,
a Pennsylvania Professional Corporation,
Plaintiff
V.
DELONG GREEN ACRES PERSONAL
CARE HOME,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. /o1- /0?40 Civil -re'rrn
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: Delong Green Acres Personal Care Home, Defendant:
A judgment in the amount of $2,723.41, 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
c
Date: d ! r ?'
4 ?
V U
Philip C arholic, Esq i
re
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-am
M(::)
Attome D. No.: 86341 "j ?o
P.O. Bo 5866 C)-n
Harrisburg, PA 17110 DC w 5?
(717) 233-4101 ? Q
Attorneys for Plaintiff
CAPOZZI & ASSOCIATES, P.C.,
a Pennsylvania Professional Corporation,
V.
Plaintiff
DELONG GREEN ACRES PERSONAL
CARE HOME,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1A - 104(P eivilTenl'
CONFESSION OF JUDGMENT FOR MONEY
Rule 236 NOTICE OF ENTRY OF JUDGMENT
NOTICE OF DEBTOR'S RIGHTS
TO: Delong Green Acres Personal Care Home, Defendant
You are hereby notified that on a b7'/101 , judgment by confession
was entered against you in the sum of $2,723.41, p us ost-jud tint t and of suit.
DATE:
no a
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:
Delong Green Acres Personal Care Home
8 Church Street
Washingtonville, Pennsylvania 17821
lly s#mitted,
larholic, Esquire
Associates, P.C.
P.O. Boz 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
Capozzi & Associates, PC
vs.
Delong Green Acres Personal Care Home
SHERIFF'S RETURN OF SERVICE
Case Number
2012-1046
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: Delong Green Acres Personal Care Home, but was
unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montour County, Pennsylvania
to serve the within Complaint In Confession of Judgment according to law.
03/02/2012 Ray Gerringer, Sheriff of Mountour County, who being duly sworn according to law, states that this
Complaint in Confession of Judgment upon defendant Delong Green Acres Personal Care Home is
returned not served per request from Capozzi & Associates office.
SHERIFF COST: $37.00
March 02, 2012
HE PROTHON;0 1"At f
2912 MAR -5 PM 2: 14 7
CUMBERLAND COUN i Y
PENNSYLVANIA
SO ANSWERS,
RON R ANDERSON, SHERIFF