HomeMy WebLinkAbout02-01584R. JAMES REYNOLDS, JR., ESQUIRE
Pa. Supreme Court I.D. No. 10252
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Telephone: (717) 760-7505
Facsimile: (717) 975-8124
E-Mail: jreynolds@margolisedelstein.com
Attorney for Defendant
PROTOLOGICS CORPORATION
PERFECT SOLUTIONS, INC.,
Plaintiff,
vs.
PROTOLOGICS CORPORATION,
Defendant.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1584
: CIVIL ACTION-LAW
MOTION OF COUNSEL FOR DEFENDANT FOR LEAVE
TO WITHDRAW AS COUNSEL
77-
- ? .0 _
R. James Reynolds, Jr., Esquire, on his own behalf and on behalf of the law firm of
Margolis Edelstein, pursuant to Pa.R.C.P. 1012(b), files this Motion for leave to withdraw as
counsel for Defendant Protologics Corporation ("Defendant") in the above-captioned action, and
in support thereof, states as follows:
1. Movant, R. James Reynolds, Jr. ("Movant") was initially retained by Protologics
on or about July 2, 2004 to represent it in the above-captioned action filed by Plaintiff Perfect
Solutions, Inc. ("Plaintiff") against Defendant arising out of a contract: entered into between
Plaintiff and Defendant relating to the provision of Defendant's products to Plaintiff.
2. At the time Movant was retained by Protologics, he was an attorney with the law
firm of Thomas, Thomas, Armstrong & Niesen, later known as Thomas, Long, Niesen &
Kennard ("the Thomas law firm").
The pleadings in this action were closed on March 2, 2005, when Movant filed on
behalf of Defendant a Reply to Plaintiff s New Matter to Counterclaim.
4. Subsequent to that time, the only activity on the docket was: (a) the filing on or
about September 23, 2008 by Plaintiff's attorney, Andrew W. Barbin, Esquire, of a Praecipe to
Update Entry of Appearance and Plaintiff's Statement of Intention to Proceed in response to a
Notice of Proposed Termination of Court Case due to lack of docket activity; (b) the filing of
Plaintiff s Statement of Intention to Proceed on or about September 1, 2009; (c) the filing by
Attorney Barbin of a Praecipe to Update Entry of Appearance on or about April 23, 2010; and (d)
the filing by Movant of a Praecipe to Change Address of Counsel on October 15, 2010 to notify
the Court of a change of his address from the Thomas law firm to the law firm of Margolis
Edelstein.
5. The deposition of Lawrence R. Walsh ("Mr. Walsh"), the Chief Executive Officer
of Defendant, was taken by Plaintiff on April 26, 2005. The parties have not engaged in any
discovery since that date although Defendant served Interrogatories and a Request for Production
of Documents on Plaintiff on April 20, 2005, to which Plaintiff has not responded.
6. In view of the foregoing, there has been no substantive activity in this case for
approximately seven years.
7. On or about March 21, 2012, Movant was served with a copy of a Praecipe to
withdraw the appearance of Attorney Barbin and a Praecipe to enter the appearance of Bruce J.
Warshawsky, Esquire, of the law firm of Cunningham & Chernicoff, P.C., on behalf of Plaintiff.
8. After receiving the Withdrawal/Entry of Appearance, Movant contacted Attorney
Warshawsky who advised him that Plaintiff intended to proceed with the litigation against
Defendant.
9. Defendant has failed to fulfill its obligations to Movant with regard to the
2
payment for services rendered, and specifically the payment of invoices for legal services
rendered plus costs incurred in 2004 and 2005 in the amount of $9,981.92.
10. Mr. Walsh advised Movant on or about August 15, 2006, that Defendant could
not, and would not, pay the past-due invoices because Defendant was no longer in business and
did not have sufficient funds to pay the invoices.
11. Following the filing of Plaintiff's Statement of Intention to Proceed in September,
2008, Mr. Walsh again advised Movant that Defendant was no longer in business and could not
pay the past-due invoices. Accordingly, Movant notified him that if Plaintiff pursued the case, he
would file a motion with the Court for leave to withdraw as counsel for Defendant unless the
past-due invoices were paid.
12. After receiving the Withdrawal/Entry of Appearance, Movant spoke with Mr.
Walsh to advise him of Plaintiffs intention to proceed with the litigation through new counsel.
Mr. Walsh again stated that Defendant was no longer in business and could not pay the past-due
invoices for legal services. He also stated that Defendant could not pay for any future legal
services to defend this case. Accordingly, Movant advised Mr. Walsh of his intention to file this
Motion to withdraw as counsel for Defendant.
13. Defendant is no longer in business and has no office or other place of business.
Its legal existence has been relinquished since its status, according to the Maryland State
Department of Assessments & Taxation ("Maryland Department"), is "forfeited" as of October 6,
2006, as set forth in the documents obtained from the Maryland Department attached hereto,
made a part hereof, and marked as Exhibit "A."
14. Mr. Walsh, who was formerly the Chief Executive Officer of Defendant, is now
3
the Chief Executive Officer of ProtoMed Medical Management Corporation which has a place of
business at 400 East Joppa Road, Towson, Maryland 21286.
15. The continued representation of Defendant without payment of Movant's legal
fees, or the prospect of such payment, has resulted and will further result in an unreasonable
financial burden on Movant, and therefore good cause exists for the withdrawal of Movant's
appearance in this case under Rule 1.16(b)(5) and (6) of the Pennsylvania Rules of Professional
Conduct which provide that a lawyer may withdraw from representing a client if. "(5) the client
fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has
been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled."
and "(6) the representation will result in an unreasonable financial burden on the lawyer ...."
16. The withdrawal of the appearance of Movant can be accomplished without
material adverse effect on the interests of Defendant since it is no longer in business and no
longer has any assets. See Rule 1.16(b)(1) of the Pennsylvania Rules of Professional Conduct.
17. Movant requests that the Court allow Defendant a reasonable period of time to
retain new counsel.
18. The only ruling made by a judge in this case was the December 29, 2004 Order of
the Honorable J. Wesley Oler, Jr., ruling on Defendant's Preliminary Objections to the
Complaint.
19. Attorney Warshawsky, counsel for Plaintiff, was contacted by Movant, and he
concurs in this Motion.
WHEREFORE, Movant respectfully requests that the Court grant Movant leave to
withdraw his appearance and the appearance of Margolis Edelstein as counsel for Defendant
4
Protologics Corporation in this action.
Date:
R. J s Reynolds, J .
Margolis Edelstein
Attorney for Defendant Protologics
Corporation
VERIFICATION
I, R. James Reynolds, Jr., Esquire, of the law firm of Margolis Edelstein, being authorized
to make this Verification, state that the statements made in the foregoing Motion of Counsel for
Defendant for Leave to Withdraw as Counsel are true and correct to the best of my knowledge,
information and belief. I understand that any false statements made herein are subject to the
penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
Date: ole l:2-- /4?? 4?MK? R.'Jw6g Reynolds, Jr., squire
Entity Detail
Entity Name: PROTOLOGICS CORPORATION
Dent ID #: D02105203
General Information Amendments Personal Proogrty Certificate of Status
Principal Office
(Current):
Resident A¢ent
(Current):
Status:
Good Standing:
Business Code:
Date of Formation or
Reeistration•
State of Formation:
Stock/Nonstock:
Close/Not Close:
k
1517 REISTERSTOWN ROAD
SUITE 202
BALTIMORE, MD 21230
LAWRENCE ROBERT WALSH
1517 REISTERSTOWN ROAD
SUITE 202
BALTIMORE, MD 21230
FORFEITED
No
Ordinary Business - Stock
03/31/1986
MD
Stock
Unknown
Page 1 of 1
to
Link Definition
General Information General information about this entity
Amendments Original and subsequent documents filed
Personal Property Personal Property Return Filing Information and Property Assessments
Certificate of Status Get a Certificate of Good Standing for this entity
http://sdatcert3.resiusa.org/ucc-charter/DisplayEntity_b.aspx?EntityID=I)02105203 &Entit... 3/23/2012
Entity Detail
Page 1 of 1
Entity Name: PROTOLOGICS CORPORATION
Dept ID #: 002105203
General Information Amendments Personal Prgperty Certificate of Status
I Page 1 of l
Description Date Filed Time Film Folio Pages View Document Order Copies
DEPT. ACTION - FORFEITURE 10/06/2006 12:03-AM
THE ENTITY WAS FORFEITED FOR FAILURE TO FILE PROPERTY RETURN FOR 2005.
RESOLUTION 01/25/2001 04:21-PM B00223 1107 0002 ap
ARTICLES OF AMENDMENT 01/18/2001 04:24-PM B00225 1266 0002
ARTICLES OF AMENDMENT 03/16/1994 09:22-AM F3596 2361 0003 MP
ARTICLES OF AMENDMENT 09/08/1992 11:04-AM F3434 063 0003
ARTICLES OF AMENDMENT
CPO, CRAA 04/25/1991 09:24-AM F3326 2811 0004 Mp
ARTICLES OF INCORPORATION 03/31/1986 03:45-PM F2801 868 0003
to
Link Definition
General Information General information about this entity
Amendments Original and subsequent documents filed
Personal Property Personal Property Return Filing Information and Property Assessments
Certificate of Status Get a Certificate of Good Standing for this entity
http://sdatcert3.resiusa.org/ucc-charterlDisplayEntity_b.aspx?EntityID=I)02105203 &Entit... 3/23/2012
? Check the status of any business entity by clicking "Business Data Search" on the home page, and
further clicking on "General Information" when the entity's name is displayed.
? "Not in Good Standing" means the entity has not filed the current year's Annual Report/Personal
Property Return or it owes a late filing penalty.
? "Forfeited" means the "legal existence" of the entity has been relinquished and it is usually for failing to
,4 make required Annual Report/Personal Property Return filings for prior years.
? See the reason why an entity has been "forfeited" by clicking on the "Amendments" column heading on
the page alphabetically listing the entity's name.
? You correct the "Not in Good Standing" status by filing with the Department the missing current year's
Annual Report/Personal Property Return and pay the $300 filing fee. The combined Personal Property
Annual Report (Form 1) for prior years can be downloaded from the website home page by clicking on
"Forms and Applications" on the dark blue banner across the top of the page.
? There are four steps for any entity to correct the "forfeited" status:
(1) File all missing Annual Reports/Personal Property Returns for every year and pay
the $300 annual filing fee for each year;
(2) Pay the local county/city government's personal property tax bill for any reported
property after the Department has sent an assessment notice to the local
government;
(3) Obtain a "tax clearance certificate" from the local government after any personal
property tax bills have been paid; and
(4) File "Articles of Revival or Reinstatement" with the Department by attaching a
copy of the tax clearance certificate. Instructions and a form for reinstatement
can be downloaded from the Department's "Business Data Search" page and
clicking on "Get Forms" in the yellow banner for the main menu.
? Any business entity that needs to correct its "forfeited" legal status immediately may come to the
Department's public filing counter on the 8th floor of our offices at 301 West Preston Street, Baltimore,
Maryland 21201. There is an additional $50 "expedited filing fee" required under the law for immediate
processing service. If the missing Personal Property Returns have been filed and a tax clearance
certificate has already been obtained, then one can "fax" into the Department the reinstatement
document, the clearance certificate, the Articles of Revival or Reinstatement, and credit card
authorization for a $150 fee ($100 for the Articles and $50 for the expedited fee). The "fax" cover sheet
requesting the necessary information is available on the "Get Forms" page described above.
SDAT.- January 2009
Maryland State Department of Assessments & Taxation
Taxpayer Services Division
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that I have this /X1 day of M" ,
2012, served a true and correct copy of the foregoing Motion of Counsel for Defendant for Leave
to Withdraw as Counsel upon the person(s) and in the manner indicated below:
Service by First Class Mail,
Posta a Pre aid Addressed as Follows:
Bruce E. Warshawsky, Esquire
Cunningham & Chernicoff, P.C.
2320 North Second Street
Harrisburg, PA 17110
(Attorney for Plaintiff)
Mr. Lawrence R. Walsh
Chief Executive Officer/Protologics Corporation
c/o ProtoMed Medical Management Corporation
400 East Joppa Road
Towson, MD 21286
By:
MARGOLIS EDELSTEIN
Carol Moose
M:\mdir\1 Protologics Corp\83162.4-00001 Perfect Solutions\4327\pleadings\MOTION OF COUNSEL FOR LV TO WITHDRAW AS COUNSEL FOR DEF
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