HomeMy WebLinkAbout12-2637RESPECT AMBULANCE CO.
Plaintiff
CORY A. LESHNER, LLC
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO.
ACTION FOR DECLARATORY JUDGMENT
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, 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.
Court Administrator, Fourth Floor e-,
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LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713
Email: pedgerkpjrlaw.com
Peter J. Russo, Esquire
Email: prussoka pirlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
RESPECT AMBULANCE CO. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
CORY A. LESHNER, LLC NO.
Defendant
ACTION FOR DECLARATORY JUDGMENT
NOTICE TO PLEAD
TO: Cory A Leshner, LLC.
2023 N. 2nd Street, Suite 201
Harrisburg, PA 17102
You are hereby notified to file a written response to the enclosed Complaint within
twenty (20) days from service hereof or a judgment may be entered against you.
Mechanicsburg, PA 17050
Peter J. Russo, Esquire
I.D. No. 72897
Paul D. Edger, Esquire
I.D. No. 312713
Re ctfull Submi d
,
La ffces er J. Russo, P.C.
5 06 E. Tr' le Rd, Suite 100
April 25, 2012
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713
Email: pedger(a?pirlaw.com
Peter J. Russo, Esquire
Email: prusso(j?pirlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
RESPECT AMBULANCE CO.
Plaintiff
CORY A. LESHNER, LLC
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO.
ACTION FOR DECLARATORY JUDGMENT
ACTION FOR DECLARATORY JUDGMENT
AND NOW COMES, the Plaintiff, Respect Ambulance Company, Inc., by and through its
counsel, Law Offices of Peter J. Russo, P.C. and avers the following in support of its claim:
PARTIES
1. Plaintiff, Respect Ambulance Company, Inc. (hereinafter "Respect") is a
Pennsylvania Domestic Closely Held Corporation with a principal place of business
of 1993 Hummel Avenue, Suite 100, Camp Hill, Pennsylvania 17011.
2. Respect's sole shareholder is Yelizaveta Fridrikhova who resides at 1366 Buttonwood
Drive, Southampton, PA 18966.
3. At all times, all parties hereto were aware of the fact that Yelizaveta Fridrikhova
cannot understand a document which is written in English.
4. At all times, all parties hereto were aware of the fact that Yelizaveta Fridrikhova
cannot effectively communicate verbally in English.
5. Defendant, Cory A. Leshner, LLC (hereinafter "Leshner") is a Pennsylvania Limited
Liability Corporation whose principal place of business is 2023 North Second Street,
Suite 201, Harrisburg, Pennsylvania 17102.
OPERATIVE FACTS
6. This is an action for declaratory judgment originally arising out of a consulting
agreement executed by The Law Offices of Eric J. Weiner, LLC (hereinafter "Weiner
LLC") dated April 29, 2011, and Respect Ambulance Company, Inc. A true and
correct copy of the agreement is attached as Exhibit A.
7. On April 20, 2011, Weiner LLC sent Yelizaveta Fridrikhova, President of Respect
Ambulance Company, Inc. a fee arrangement regarding services provided by Weiner
LLC.
8. The terms contained in the fee arrangement were verbally explained by Cory A.
Leshner.
9. The aforementioned fee arrangement letter was signed by Yelizaveta Fridrikhova,
President of Respect Ambulance Company, Inc. on April 21, 2011.
10. The fee arrangement letter called for Weiner LLC to provide detailed listing of
services rendered periodically.
11. The fee arrangement stated "Such expenses shall be reimbursed as a part of the
Business Consulting Agreement or my bill for legal services." The letter was signed
by Cory A. Leshner. A true and correct copy of the letter is attached as Exhibit B.
12. The fee arrangement letter also provided that so long as the consulting agreement was
in place, Weiner LLC would not charge of the legal services provided to Respect. The
fee arrangement was executed by Cory A. Leshner on behalf of Weiner LLC.
13. It is believed, therefore averred that Cory A. Leshner did not have the authority to
execute the fee arrangement letter.
14. On or about April 21, 2011, Respect entered into a consulting agreement with Weiner
LLC wherein Weiner LLC was to perform certain tasks, including legal work for
Respect. See Exhibit A.
15. The terms contained in the consulting agreement were verbally explained by Cory A.
Leshner.
16. The aforementioned consulting agreement was executed by Cory A. Leshner on
behalf of Weiner LLC.
17. It is believed, therefore averred that Cory A. Leshner was not authorized to sign the
consulting agreement on behalf of Weiner LLC.
18. At no time did Eric J. Weiner or Cory A. Leshner meet the requirement of Rules of
Professional Conduct 1.8, 1.14, or 5.7 in connection with Weiner LLC's legal
representation and/or business relationship with Respect.
19. On or around July 9, 2011, Eric J. Weiner passed away.
20. At some point after Mr. Weiner's passing, Cory A. Leshner negotiated and acquired
The Law Office of Eric J. Weiner, LLC, becoming The Law Offices of Cory A.
Leshner, LLC.
21. After the passing of Eric J. Weiner, Cory A. Leshner moved his law practice to the
building where Respect operated, specifically 1993 Hummel Avenue, Camp Hill,
Pennsylvania 17011.
22. On October 26, 2011, Cory A. Leshner was indicted in the United States District
Court of New Jersey and charged with, among other charges: wire fraud (in
connection with providing consulting and legal services), wire fraud (in connection
with acquisition of payments), mail fraud, bank fraud, racketeering, obstruction of
justice, and extortion.
23. The indictment is docketed at Crim. No. 11-740 (RBK).
24. On October 28, 2011, at approximately 7:00 pm, Cory A. Leshner appeared at the
office of Respect and presented Yelizaveta Fridrikhova's son, Andrey Levkovich, an
amended consulting agreement ("Amended Agreement")
25. The Amended Agreement provided that Cory A. Leshner, LLC was the successor of
The Law Offices of Eric J. Weiner, LLC. A true and correct copy of the amendment
is attached as Exhibit C.
26. While the seal of Respect's owner Yelizaveta Fridrikhova appears on the Amended
Agreement, Yelizaveta Fridrikhova never received this document, nor did she ever
physically sign the Amended Agreement.
27. It is believed, therefore averred that the signature secured on the Amended
Agreement was not an original and secured by using a signature stamp.
28. At no time did Cory A. Leshner meet the requirement of Rules of Professional
Conduct 1.8, 1.14, or 5.7 in connection with Leshner LLC's legal representation
and/or business relationship with Respect.
29. At the time the Amended Agreement was allegedly signed by Respect, Cory A.
Leshner did not disclose to Respect his recent indictment in New Jersey.
30. It is believed, therefore averred that on November 1, 2011, Cory A. Leshner was
arrested in connection with the criminal indictment docketed at Crim. No. 11-740
(RBK).
31. On or around November 7, 2011, Leshner indicated to Andrey Levkovich "I believe
Respect is going to have a problem with my arrest."
32. Leshner wrote to Respect on November 7, 2011 indicating to Respect of his purchase
of the firm due to Mr. Weiner's death, and asking Respect to decide whether to
continue or discontinue services with Leshner within sixty (60) days of the letter. A
true and correct copy of the letter is attached as Exhibit D.
33. Respect's business involves a great deal of governmental involvement given the
nature of its billing practices as they relate to Medicare and Medicaid.
34. On December 30, 2011 Respect, by and through its owner Yelizaveta Fridrikhova,
wrote to Leshner alerting him of her intention to terminate the consulting agreement
and representation of Respect by Leshner, as permitted pursuant to the letter dated
November 7, 2011. A true and correct copy of the letter is attached as Exhibit E.
35. On January 3, 2012 Leshner wrote to Respect rejecting the termination of the
consulting agreement, but agreed to discontinue legal representation by the Law
Office of Cory A. Leshner, LLC. Leshner indicated to Respect that the consulting
agreement was non-legal services, and subject to the terms of the contract. A true and
correct copy of the letter is attached as Exhibit F.
36. Respect sought representation by The Law Offices of Peter J. Russo, P.C. (herein
known as "Counsel"), which began representation of Respect on January 18, 2012.
37. Counsel contacted Leshner on January 18, 2012 notifying Leshner of the
representation. Counsel requested documentation relating to the agreement between
Respect and Weiner LLC as well as Respect and Leshner.
38. Various documents were requested including but not limited to disclosure documents
pursuant to Rules of Professional Conduct 1.8, 1.14, and 5.7 sent to Respect regarding
the purchase of the law practice, agreements signed by Respect relating to the
representation, and the agreement to raise counsel fees.
39. Counsel notified Leshner of Respect's intention to terminate the consulting agreement
and find an amiable resolution, and attached a termination agreement to the letter. A
true and correct copy of the letter and termination agreement is attached as Exhibit G.
40. Counsel received a letter from Leshner dated January 30, 2012 in regards to the
request for documentation. Leshner was in agreement to cancel the consulting
agreement, but only upon payment in full of purported work completed, totaling
$53,959.48.
41. Leshner also attached a detailed invoice of services rendered dating as far back as
July 28, 2010 along with the letter. A true and correct copy of the letter and invoice of
services rendered is attached as Exhibit H.
42. This invoice was presented notwithstanding the fact that Weiner LLC and Leshner
had been paid every dollar due them under the consulting agreement.
43. January 30, 2012, was the first time Respect had ever been provided any detail of
services provided by either Weiner LLC or Leshner.
44. Much of the services provided included within the detailed invoice were of a legal
nature.
45. As a part of the January 30, 2012, detailed billing, Leshner methodically billed one
hour of time each day for consulting with an employee of Respect regardless if that
employee was working that particular day or not.
46. Counsel sent a letter to Leshner on February 10, 2012, rejecting Leshner's counter-
offer, and again requested documentation regarding Respect and the representation by
Leshner.
47. Among other things, Counsel alerted Leshner of Respect's intention to file a
declaratory judgment. A true and correct copy of the letter is attached as Exhibit I.
48. The consulting agreement dated April 21, 2011, is void for the following reasons:
a. Weiner LLC failed to adhere to its ethical obligations when it failed to properly
advise Respect of its rights relating to a law firm entered into a business
relationship with a client.
b. Given the inability to communicate with Respect, Weiner LLC failed to adhere to
its ethical obligations as they relate to clients with diminished capacity.
c. It is believed and therefore averred that Leshner entered into a consulting
agreement with another company to provide many of the same services in direct
conflict with Respect and in contravention of Leshner's ethical obligations.
d. Cory A. Leshner was not authorized to sign any agreements on behalf of Weiner
LLC.
e. Neither the sole shareholder of Respect nor any authorized agent for Respect
signed the amended agreement dated October 28, 2011.
f. Based upon the language of the consulting agreement and the language of the fee
arrangement letter, the services provided were legal in nature and pursuant to
Respect's December 30, 2011, letter Respect had the right to terminate the
relationship..
g. Weiner LLC and Leshner owed an ethical duty to Respect.
h. Weiner LLC and Leshner failed in those ethical duties.
i. Weiner LLC and Leshner failed to comply with, including, but limited to Rules of
Professional Conduct 1.8, 1.14, and 5.7.
j. Upon a detailed review of the agreements, Respect learned that the terms which
were verbally explained by Cory A. Leshner, were not in fact the terms which
were set forth in the documents.
k. All of these failures provided Weiner LLC and Leshner the opportunity to take
advantage of Respect and created a situation where there was fraud in the
inducement, as well as fraud in the execution of the various agreements.
1. Leshner failed in his ethical duty to timely notify Respect of his indictment in the
United States District Court of New Jersey, knowing such would have a direct and
harmful impact upon Respect's compliance with Medicare and Medicaid policies.
49. Even if the consulting agreement is valid on its face, Leshner should have terminated
the agreement pursuant to Respect's letter on December 30, 2011, because:
a. The fee arrangement letter states that if Weiner, LLC, later Leshner is not paid via
consulting fees, than it shall be paid as attorney fees clearly indicating that the
fees were truly in the nature of attorney's fees and therefore subject to the rules of
professional conduct.
b. Yelizaveta Fridrikhova, President of Respect, is a Ukrainian national, and speaks
very limited English. Due to this limitation, Mrs. Fridrikhova is considered to
have a diminished capacity.
c. Wiener LLC as well as Leshner LLC failed to take reasonable steps to protect
Mrs. Fridrikhova's interests ensuring her understanding of and compliance with
the consulting agreement and all subsequent agreements, pursuant to Rule 1.14 of
the Rules of Professional Conduct.
50. Even if the consulting agreement is valid on its face, the contact should be terminated
for cause due to Leshner's failure to remedy a breach of substantial duties with ten
(10) days per Paragraph Six (6) of the Consulting Agreement, including but not
limited to:
a. Failing to serve as an independent contractor, when services rendered were billed
as legal services instead of consultation (Consultation Agreement 2.1).
b. Failing to furnish a statement of hours expended not less than quarterly, as a
statement of hours was not furnished to Respect until Leshner responded to
Counsel's letter of January 18, 2012 in which Leshner included his supposed
billable hours between July 28, 2010 until December 30, 2011. (Consultation
Agreement 2.3).
c. When he acknowledged that his continued association with Respect could lead to
issues with the governmental agencies with which Respect is forced to work.
51. Leshner responded to Counsels' letter on February 21, 2012, stating he does not
object to the filing of a declaratory judgment action. A true and correct copy of the
letter is attached as Exhibit J.
WHEREFORE, Plaintiff, Respect Ambulance Company, Inc. requests this
Honorable Court to grant the declaratory judgment against Defendant, Cory A.
Leshner, LLC. and order the following:
a. All fees due in connection with the consulting agreement have been paid in full as
of this date;
b. There are no legal fees due in connection with the services provided to Plaintiff;
c. There remains no contract for neither legal nor consulting services between
Plaintiff Respect Ambulance Company, Inc. and Defendant Cory A. Leshner,
LLC.
L'aw,offices ter J. Russo, P.C.
5006 E. Tri e Rd, Suite 100
Mechanicsburg, PA 17050
Peter J. Russo, Esquire
I.D. No. 72897
Paul D. Edger, Esquire
I.D. No. 312713
April 25, 2012
i
,E)WIBtT 8
CONSULTING AGREEMENT
This Consulting Agreement ("Agreement") is made effective as of April :? ("' 2011, by
and between THE LAW OFFICES OF ERIC J. WIENER, LLC, a Pennsylvania professional
limited liability company ("Consultant") and RESPECT AMBULANCE COMPANY, Inc., a
Pennsylvania Domestic Closely Held Corporation ("Company").
WHEREAS, Company has been formed for the purpose of engaging in the non-emergency
medical transport business specifically Basic Life Support (BLS) service.
WHEREAS, Company desires to retain Consultant's firm as an independent contractor to
perform certain management consulting and business development services for the Company,
and Consultant is willing to perform such services upon the terms and conditions hereinafter set
forth.
NOW THEREFORE, in consideration of the premises, the mutual and several covenants
and agreements herein made and the representations and warranties herein contained, the parties
hereby agree as follows:
1. Term, Extension. Company hereby retains Consultant and Consultant hereby
agrees to serve as a consultant to Company for a term commencing on the date hereof and
terminating on December 31, 2015 (the "Term"), subject to earlier termination pursuant to
Sections 5 or 6 hereof, and, if not terminated by written notice at least ninety (90) days prior to
any subsequent December 31, subject to automatic extension for an additional year added to its
then remaining Term on such December 31. For example, if this Agreement shall not have been
terminated on or before December 31, 2011, then on such date its Term shall automatically be
extended by one year so as to end on December 31, 2016. Except as otherwise provided herein,
all references herein to the "Term" shall include any renewal Terms.
2. Relationship and Duties.
2.1 Consultant shall perform its services under this Agreement as an
independent contractor. Consultant and Company each represent and warrant to the other that
Consultant's relationship to Company hereunder is as an independent contractor.
2.2 Consultant shall serve as a business consultant to Company and shall
report directly to the Shareholders and Managers of the Company. Consultant will provide
assistance with generating new business and maintaining existing business, and will provide
Company with general business consulting advice, including advice of or relating to the
following matters:
(a) Development and oversight of an administrative support team;
(b) Development and oversight of an IT support team;
(c) Development and oversight of an operations team;
(d) Development and oversight of a financial and accounting team;
(e) Preparation of business plans;
(f) Development and oversight of a sales and marketing team; and
(g) Media relations.
(h) State licensure and compliance
(i) Organizational compliance
0) Procurement of property for operation
(k) Oversight of labor and employment practices
(1) Oversight of compliance with insurance company billing
procedures including but not limited to Medicare
(m) Oversight of Licensure Process
2.3 Consultant agrees to use its best efforts as shall reasonably be necessary to
perform its duties hereunder. Notwithstanding anything herein to the contrary, Consultant shall
not be required to maintain regular hours nor shall Consultant be restricted from providing
consulting services to any other persons or business entities. The manner and means by which
Consultant chooses to complete its duties hereunder are in Consultant's sole discretion and
control. Consultant shall furnish a statement of hours expended pursuant to this agreement, not
less than quarterly, to Company for review.
3. Comuensation.
3.1 For all duties and responsibilities to be performed and/or assumed by
Consultant hereunder, commencing with the date hereof, Consultant shall be entitled to receive a
monthly consulting fee calculated as a percentage of Company's monthly gross revenue, in
accordance with Section 3.2 infra, which shall be paid no later than the first day of each month
following the month used to calculate compensation, commencing as of the date of this
agreement, to such account as Consultant shall designate from time to time. For example, if
January's gross revenue, as of January 31 is determined to be X, the percentage owed to
Consultant for January shall be due February 1.
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3.2 Company agrees to compensate Consultant pursuant to this agreement as
follows: j- ) o
a. 2% of Company's monthly gross revenue for all months in which
the Company's total monthly gross revenue is between $0 and $50,000.
10 -"
b. 4% of Company's monthly gross revenue for all months in which
the Company's total monthly gross revenue is between $50,001 and $100,000.
Ao- 30
C. 6% of Company's monthly gross revenue for all months in which
the Company's total monthly gross revenue is between $100,001 and $150,000.
3 0 --}-
d. 8% of Company's monthly gross revenue for all months in which
the Company's total monthly gross revenue is in excess of $150,000.
3.3 Company shall not withhold any taxes or other sums from the
compensation due Consultant hereunder. Consultant shall indemnify and hold harmless
Company from and against any and all claims, demands, liabilities, losses, costs and expenses
brought by any governmental, municipal or tax authority for taxes on all compensation paid to
Consultant hereunder.
4. Ex en a eim n ts. Comp 1 reimbur nsultant in a timely
may per r II items o travel, to en and miscell us expense 'which
Con ultant's ember em loyees or onalily me in co ecQ with the ormance
of C nsultant' duti here vided t tant s is to Com such statements
and thep evide ce s to said q/xpenses mpany nably require.
Voluntary Termination; Termination Without Cause.
5.1 Consultant may voluntarily terminate this Agreement by giving Company
thirty (30) days prior written notice thereof, and upon the expiration of such thirty (30) day
period, this Agreement shall terminate, and Company shall have no further obligation or
liabilities under this Agreement except to pay the Consultant the portion, if any, that remains
unpaid of (a) the pro rata amount of the Fee due Consultant for the period up to the date of
termination; and (b) nay bursem ow to ons n- hereo&fer-the--
D. O iOd up to the-date-of {gnuination --
5.2 In the event that this Agreement shall be terminated by Company other
than for cause pursuant to Section 6 then, in such event, Company shall pay Consultant, within
fifteen (15) days of the date of termination, a lump sum cash amount equal the entire unpaid
portion of the Fee for remainder of the then current Term.
6. Termination for Cause. Company shall have the right to terminate this
Agreement if Consultant breaches a material term of this Agreement or willfully fails to perform
substantially all its duties as provided for under Section 2, provided, however, that Company
must first notify Consultant, in writing, of the specific alleged failure(s) and shall thereafter
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provide Consultant with ten (10) days after receipt of such notice within which to remedy any
such failures or if such failure is of the type that cannot reasonably be remedied within 10 days,
Consultant shall have a reasonable period of time to cure such failures provided Consultant
proceeds with due diligence to remedy same. If the Company terminates this Agreement for
cause following the notice and cure period set forth above, and the existence of cause for such
termination is in dispute, Company shall continue to pay the compensation due Consultant under
Sections 3 and 4 hereof while such dispute persists except that Company shall pay one half of
such compensation amounts to Consultant, and the Company shall pay the other half of such
compensation amounts into an escrow account, with counsel to the Consultant acting as escrow
agent. The fees and expenses, if any, of the escrow agent shall be paid by Company. Company
agrees to indemnify the escrow agent and hold him harmless against any claims asserted against
him or liabilities incurred by reason of his acting as escrow agent, including reasonable charges
and expenses of his counsel in defending any action brought against him, unless it is determined
in such action that he acted intentionally in violation of his duties hereunder. Counsel for escrow
agent shall incur no liability in respect of any action taken or suffered by him in reliance upon
any notice, instruction or document, believed by him to be genuine and duly authorized, nor for
anything except his own misconduct. The escrow agent may resign at any time, and shall appoint
a successor, with advanced written notice to the parties hereto.
7. Indemnification. Company does hereby release, indemnify and hold harmless
Consultant and its members, partners, officers, directors, employees, agents, and affiliates,
individually, and as applicable, in their capacity as shareholders, partners, officers, directors
employees and/or agents, from and against any and all damages, liabilities, actions, suits,
proceedings, claims, demands, losses, costs and expenses (including reasonable attorneys' fees
and costs) that shall or may arise out of or in connection with the consulting services as may be
provided hereunder to Company by Consultant.
8. Miscellaneous.
8.1 This Agreement constitutes the entire agreement between the parties and
supersedes any prior understandings, agreements, or representations by or between the parties,
.r ri en or oral. to the extent they related in anyway to the subject matter hereof. This Agreement
may not be modified except by a written agreement signed by Consultant and Company.
8.2 This Agreement shall be binding upon and inure to the benefit of
Company and its successors and assigns. As used in this Agreement, "Company" shall mean
Company as previously defined and any successor to the business and/or assets of Company.
This Agreement shall be binding upon and inure to the benefit of Consultant, its successors and
assigns.
8.3 This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original but all of which together will constitute one and the same
instrument.
-4-
8.4 The paragraph headings contained in this Agreement are inserted for
convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
8.5 No waiver by either party of any condition or of the breach by the other of
any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one
or more instances and shall be deemed or construed as a further or continuing waiver of any such
condition or breach or a waiver of any other condition, or the breach of any other term or
covenant set forth in this Agreement. Moreover, the failure of either party to exercise any right
hereunder shall not bar the later exercise thereof.
8.6 All notices, requests, demands, claims, and other communications
hereunder will be in writing. Any notice, request, demand, claim, or other communication
hereunder shall be deemed duly given (i) upon confirmation of facsimile, (ii) one business day
following the date sent when sent by overnight delivery and (iii) three (3) business days
following the date mailed when mailed by registered or certified mail return receipt requested
and postage prepaid at their principal place of business. Any party may change the address to
which notices, requests, demands, claims, and other communications hereunder are to be
delivered by giving the other party notice in the manner herein set forth.
8.7 This Agreement shall be governed by and construed in accordance with
the domestic laws of the Commonwealth of Pennsylvania without giving effect to any choice or
conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other
.jurisdiction) that would cause the application of the laws of any jurisdiction other than the
Commonwealth of Pennsylvania. Any and all legal proceeds concerning the infringement,
breach or contemplated breach of this Agreement shall be filed in the Commonwealth of
Pennsylvania, Dauphin County only, and the parties hereto consent to such jurisdiction and
venue.
8.8 No amendment of any provision of this Agreement shall be valid unless
the same shall be in writing and signed by each of the Parties. No waiver by any party of any
default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or
not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of
warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or
subsequent such occurrence.
8.9 Any term or provision of this Agreement that is invalid or unenforceable
in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining
terms and provisions hereof or the validity or enforceability of the offending term or provision in
any other situation or in any other jurisdiction.
8.10 Company agrees to reimburse Consultant for all costs, including court
costs and attorney's fees, whether or not suit is brought, incurred by Consultant in connection
with the enforcement hereof and collection of sums due hereunder.
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8.11 The parties have participated jointly in the negotiation and drafting of this
Agreement. In the event an ambiguity or question of intent or interpretation arises, this
Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of
proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law
shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the
context requires otherwise. The word "including" shall mean including without limitation. The
parties intend that each representation, warranty, and covenant contained herein shall have
independent significance.
[The remainder of this page is intentionally left blank. The signature page follows.]
-6-
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
and delivered as of the day and year first above written.
COMPANY:
RESPECT AMBULANCE COMPANY, INC.
a Pennsylvania domestic closely held corporation
(Seal)
Gi?_
Yelizaveta Badak Fn'lftIkhovkPresident
Attest: V_ - (seal)
Yelizaveta Badak r dri a, Corporate Secretary
CONSULTANT:
THE LAW OFFICES OF ERIC J. WIENER, LLC,
a Pennsylvania.pro ional.l' hed liability company
By (Seal)
74ry ' : 'I,es ,Esq.
The undersigned hereby guarantees the payment and performance of the liabilities and
obligations of Company hereunder.
Yelizaveta Badak Fridrikhova,
An individual
By: (Seal)
YelizavetalVaak drikhova, Shareholder
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EggIBIT B
E RIC J °T
WIENER=
2515 North Front Street
Harrisburg, PA 17110
717.909.9999
717.909.9009 Fax
ejw@sjwiaw.com
wwwejwlawcom
April 20, 2011
Yclizaveta Badak Friddkhova, President
Respect Ambulance Company, Inc.
1993 Hummel Ave, Suite 100
Camp Hill, PA 17011
Re: Fee Arrangement
Dear'Yeliznveta:
I am pleased to have the opportunity to represent Respect Ambulance Company, Inc. in
any matter that you may refer to me in the futtae. Under the Rules of Professional Conduct in
Pennsylvania, attorneys are required to eonfam to their clients in writing the basis on which their
fees are charged.
Bases of Billing
My firm will bill on a regular basis for legal services and for direct expenses paid by me
on your behalf.
While I will provide you a detailed listing of services provided from time to time,
p tnent for said services shall be deemed paid so long as the Business Consulting Agreement
bel'viieesi my firm and Respect Ambulance Company, Inc. contirmes to remain in effect. A copy
6n ii $usiaems Consulting Agreement is attached hereto as Exhibit A.
Upon the expiration, termination, cancellation, or other event causing the Business
Consulting Agreement to no longer be effective, my firm will bill for legal services as follows.
The fees for legal services are based on hourly rates and the amount of time spent by the
attorneys and paralegals of the firm on your legal matters. The minimum time unit recorded is
1110th of an hour, and minimum intervals of 2/10ths of an hour are charged for phone calls and
3/1 Ochs of an hour for all correspondence. 'Voice mail messages will be treated as phone calls and
e-mails will be treated as correspondence or phone calls, as the case may be, subject to the same
Fee Agrrement - Page 2
Yelinveta Badak FridrIIchova, President
April 20, 2011
minim= time changes. lvly rate will be $250.00 per hour on all legal matters for the year 2011.
The hourly rate for paralegals, AwWd thay be engapd, shall be $35.00 to $75.00 per hour
depending on the complexity and the then-salary of those I engage to do such work.
The direct expenses that may be paid by the firm on your behalf for which you will be
billed include, but are not limited to, such items as Sling fees, trarMipts of court and other
proceedings, subpoenas, toll phone calls, fax transmissions, computer-assisted legal research,
photocopying and other similar items. Only the direct expenses associated with your case will be
billed. Such expenses shell be reimbursed either as a part of the Business Consulting Agreement
or my bill for legal services.
Acceptance
I will make every effort to assure that your matter is completed expeditiously and to your
satisfaction. I hope this letter adequately sets forth the basis of my charges for fees and costs. If
you have any quwfian k please call. If there are no questions, please sigp the enclosed copy of
this letter and return it to me, signifying your receipt of, and concurrence with, the fee and costs
agreement. I will then be able to proceed Sather with representation of your legal matters.
Thank you for giving me the opportunity to represent you.
Very truly routs,
LAW OFFICES OF ERIC J. WIENER LLC
I bereby acknowledge receipt of a copy of this letter.
Daft: 141 a 1111
?T K----
Yelinveta Badak Fridrikhova, President
EXHIBIT C
?t r
AMENDMENT TO THE CONSULTING AGREEMENT
This Amendment to the Consulting Agreement ("Amendment") is made effective as of
n c -L 6*r X11' , 2011, by and between THE LAW OFFICES OF ERIC J. WIENER, LLC, a
Pennsylvania professional limited liability company ("Consultant"), CORY A. LESHNER, LLC,
a Pennsylvania professional limited liability company ("Successor") and RESPECT
AMBULANCE COMPANY, Inc., a Pennsylvania Domestic Closely Held Corporation
("Company").
WHEREAS, Company had retained the services of Consultant as specified in the
Consulting Agreement dated April 29, 2011.
WHEREAS, Consultant has entered into an asset purchase agreement with Successor and
as a part thereof has assigned all rights and obligations of Consultant under the Consulting
Agreement to Successor.
NOW THEREFORE, in consideration of the premises, the mutual and several covenants
and agreements herein made and the representations and warranties herein contained, the parties
hereby agree as follows:
1. Company and Consultant hereby agree that all rights and obligations under the
original Consulting agreement are to hereby be assigned to Cory A. Leshner, LLC.
2. Cory A. Leshner, LLC is hereby acknowledged as the successor of The Law
Offices of Eric J. Wiener, LLC and the Consulting Agreement shall be binding
upon and inure to the benefit thereof pursuant to paragraph 8.2 of the Consulting
Agreement between the parties.
3. The Consulting Agreement shall otherwise remain in full force and effect with the
substitution of Cory A. Leshner, LLC as Consultant.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed and delivered as of the day and year first above written.
COMPANY:
RESPECT AMBULANCE COMPANY, INC.
a Pennsylvania dom tic osely held rporation
(Seal)
Yelizaveta Badak drikhova, President and Treasurer
Attest:
(Seal)
Yelizaveta Badak Friova, Corporate Secretary
CONSULTANT:
THE LAW OFFICES OF ERIC J. WIENER, LLC,
a Pennsylvania professional l' 'ted liability company
- By.
11011,1R1Zw11
?D(d?sl9?t(
Adam S: Wie
By f
Ross I. Wiener
SUCCESSOR:
CORY A. LESHNER, LLC,
a Pennsylvania pro ' nad'
company
-2-
EXHIBIT D
LAW OFFICES OF
CORY A. LESHNER LLC
Cory A. Lochner
cal@ejMaw.com
VIA US MAIL
Yelizaveta Badak Fridrikhova
Respect Ambulance Company, Inc.
1993 Hummel Ave, Suite 100
Camp Hill, PA 17011
RE: Safe of Eric I Wiener, LLC
Dear Ms. Fridrikhova:
1993 Hummel Avenue, Suite 100
Camp HUI, PA 17011
T: (717) 909-99%
F: (717) 909.9009
vwvw.coryieshner.com
November 7, 2011
In July I wrote to you to inform you that Attorney Wiener had passed away.
Since that time I have taken over the day to day management of the firm on behalf of his
Estate. On Friday October 28, 2011 I purchased the assets of Eric J. Wiener, LLC from
Attorney Wiener's Estate.
This letter is to reaffirm my commitment to serving your legal needs. From this
point forward, The Law Offices of Cory A. Leshner, LLC will be assuming primary
responsibility for all of the client files of the firm. I will attempt to provide you with the
same high quality legal representation that you have come, to expect from The Law
Offices of Eric J. Wiener.
I have an ethical responsibility to protect the clients of the firm and ensure that
your matters are diligently pursued. I further have an ethical obligation to inform you of
the purchase of the law practice and your rights. Please see the official notice of the sale
which is enclosed with this letter.
In the spirit of continuing openness with you I also want you to be aware of my
indictment on October 26, 2011 in the United States District Court of New Jersey relative
to my employment with Seven Hills Management in 2007 and 2008. I am not guilty of
the charges and I intend to mount a vigorous defense. I will do everything in my power
to avoid any impact of the groundless charges on my continued 'representation of you.
Please know that I intend to represent you in the same zealous manner as I did
previously.
Yelizaveta Badak Fridrikhova
November 7, 2011
Page 2
Should there be any questions or concerns, or if you would just like to talk about
these issues, please do not hesitate to call. In fact I welcome any and all questions that
you may have. I would be happy to set up a time to meet with you in the coming weeks
if you so desire. Thank you for your time and consideration.
Very. Truly Your,
'? CoryA. Leskn'dr, Esgwre
1 -0000
?7
jw-jBIT IE
r
December 30, 2011
Cory A. Leshner, Esquire
Law Offices of Cory A. Leshner, LLC
1993 Hummel Ave, Suite 100
Camp Hill, PA 17011
RE: LETTER OF TERMINATION BETWEEN RESPECT AMBULANCE COMPANY
AND THE LAW OFFICES OF CORY A. LESHNER, LLC
I, Yelizoveta Fridrikhova Badak, owner of Respect Ambulance Company (100% Shareholder of
Respect Ambulance Company) want to cancel my contract with Cory A. Leshner and Leshner
LLC (owned by Cory A. Leshner) effective the date of this letter using my rights, and your letter
dated November 7, 2011 which enclosed the Notice of the Sale of Eric J. Wiener, LLC, see
paragraph 2:
"You as a client of Wiener LLC have the right to representation by Cory A. Leshner and
Leshner LLC under the terms of your pre-existing fee arrangements with Wiener LLC. You also
have the right to retain other counsel or to take possession of your file. Your consent to the
transfer of representation will be presumed if you do not take any action or do not otherwise
object within Any (60) days from your receipt of this notice. "
When the Consulting Agreement (dated October 28, 2011) between Respect Ambulance
Company and Cory A. Leshner and Leshner LLC (owned by Cory A. Leshner) is terminated
without problems and all files and paperwork that belong to Respect Ambulance Company are
returned to Respect Ambulance Company without issues, I, Yelizoveta Fridrikhova Badak, as
owner of Respect Ambulance Company agree to compensate you as long as my company is
active on a monthly basis up to 2% of Respect Ambulance Company's monthly gross (see #2 and
43) up to $20,000.00 including all payments already made to the Law Offices of Cory A.
Leshner, LLC to date (see #1). If you are not satisfied with this proposal, then this offer of
$20,000.00 will not be available and these funds will be used to cancel the Consulting
Agreement between Respect Ambulance Company and Cory A. Leshner and Leshner LLC
(owned by Cory A. Leshner).
1. This means you have been paid to date $1,207.24 which would mean that Respect
Ambulance Company owes you $18,792.76.
2. The monthly gross of Respect Ambulance Company calculated, for example: all
transportation services that are done between December I" and December 3151 are paid
between December I' and January 31" x 2%. If the transportation services from
December 1st through December 31" are not paid from December 151 through January 3
and are paid in future months the monthly gross for December will never be recalculated
again.
3. Monthly gross can be paid by the last day of the next month, for example, the monthly
gross for December 2011 will be paid on January 31, 2012.
I, Yelizoveta Fridrikhova Badak, as owner of Respect Ambulance Company agree to compensate
Maria Loun Designs, LLC for her time designing the Logo and Website for Respect Ambulance
Company in the amount of $5,000.00 in return for all paperwork and files connected to Respect
Ambulance Company's logo and Respect Ambulance Company's website. The $5,000.00 will
be paid to Maria Loun Designs, LLC after the $20,000.00 have been paid to the Law Offices of
Cory A. Leshner, LLC in full. The $5,000.00 compensation will be paid as described in #2 and
#3. If you do not agree to these terms, then you can choose to shut down the website.
My decision to terminate the services of Cory A. Leshner and Leshner LLC (owned by Cory A.
Leshner) is final, cannot be changed, and has nothing to do with our personal friendship just a
misunderstandingtdifficulties in running my business.
Yelizoveta Fridrikhove Badak
Owner, Respect Ambulance Company
EXHIBIT F
^ (V)F F I C E ?+J O F 1993 Hummel Avenue, Suite 100
LAW Camp Hill, PA 17011
T: (717) 909-9999
F: (717) 909-9009
CORY A. LESHNER LLC www.coryieshner.com
Cory A. Leshner
cal@coryie$hner.com
VIA US MAIL
Yelizaveta Badak Fridrikhova
Respect Ambulance Company, Inc.
1993 Hummel Avenue, Suite 100
Camp Hill, PA 17011
January 3, 2012
RE: Consulting Agreement
Dear Yelizaveta:
I am in receipt of your letter dated December 30, 2011 purporting to cancel the
consulting agreement. However, as I expressed to your representative, the consulting
agreement cannot be summarily canceled.
The letter to which your communication refers notifying my clients of the sale of
Eric J. Wiener, LLC applies to legal representation. Please allow this letter to serve as
acknowledgment that you have terminated Cory A. Leshner, LLC and Cory A. Leshner,
Esq. as Respect Ambulance Company's attorney.
As to the issue of the consulting agreement, at the time of the sale of Eric J.
Wiener, LLC you were advised of the sale and asked to sign an amendment to the
consulting agreement. On October 28, 2011 you did sign said amendment specifically
assigning all rights under the original consulting agreement to Cory A. Leshner, LLC. As
such you approved of the assignment at that time.
I have enclosed a copy of the amendment to the consulting agreement for your
review. Further, any offers to settle our dispute that were tendered in your December 30,
2011 communication as to Cory A. Leshner, LLC are specifically rejected. Any offers to
compromise made as it relates to Maria Loun Designs, LLC should be directed to that
entity.
While the contract is not able to be cancelled in the fashion you have chosen,
pursuant to my discussion with your representative on January 2, 2011 I am willing to
consider alternative settlement proposals to put our dispute to rest. Further, at this time
you have asked that I specifically cease working until such a resolution is reached.
Letter to Yelizaveta Badak Fridrikhova
January 3, 2012
Page 2
I am sorry to hear that you are having a difficult time managing your business. Of
course in today's economic climate we all have difficult financial times. However, this is
not a justifiable reason for the termination of our agreement. I do look forward to further
discussions on this matter and hope that an amicable resolution can be reached. I have
always, and will continue to promote the success of Respect Ambulance.
Thank you for your attention to this matter. If you have any questions or
concerns, please do not hesitate to contact me.
CAL/cal
Encl.
EXHIBIT G
LAW OFFICES OF
PETER JAUSSO P.c.
PETER 1. RUSSO. ESQUIRE
ASHLEY R. MALCOLM. PARALEGAL
ATTORNEYS AT LAW ELIZABETH ). SAYLOR. ESQUIRE
DEREK M. STROUPHAUER. PARALEGAL
Wednesday, January 18, 2012
Cory A. Leshner, Esquire
Cory A. Leshner, LLC
1993 Hummel Avenue, Suite 100
Camp Hill, PA 17011
RE: RESPECT AMBULANCE COMPANY. INC.
Dear Mr. Leshner,
I have the privilege of representing Respect Ambulance Company and Yelizaveta Badak
Fridrikhova.
As you know, on December 30, 2011, my client wrote to you and requested the
termination of services that you were providing to her and her company. In your written
responses you rejected her request to terminate the relationship you shared with her company,
claiming, in essence, that contract between you was for non-legal services, therefore unrelated to
the practice of law and solely subject to terms of the contract.
With that said, I present to you several issues for your consideration.
1) On or about April 21, 2011, an agreement was executed by and between my client
and The Law Offices of Eric J. Wiener, LLC. The agreement was executed by you
rather than Mr. Wiener. I would request that you provide me with evidence of the
authority that you were provided in order to execute that document.
2) Additionally, since you have purchased the law practice of Attorney Wiener, I am
requesting that you provide me with the required disclosures pursuant to Rule 1.8 of
the Rules of Professional Conduct.
3) Further, given the diminished capacity of Ms. Fridrikhova's ability to communicate in
English, I am requesting evidence relating to what if any steps Attorney Wiener took
to protect the client's interest given the nature of the contract executed by the parties.
4) Additionally, I am seeking written documentation evidencing compliance with Rule
5.7 of the Rules of Professional Conduct.
5) As I understand it from your November 7, 2011 letter to my client that effective
October 28, 2011 you purchased Attorney Wiener's law practice. I am requesting
that you provide me with copies of the written documentation to support your
compliance with Rule 1.8, 1.14 and 5.7 of the Rules of Professional Conduct
5006 EAST TRINDLE ROAD. SUITE 100. MECHANICSBURG. PA 17050
PHONE: (717) 591-1755 FAX: (717) 591-1756
considering that on October 28, 2011, you claim to have secured the signature of my
client on an amendment to the agreement between her company and Attorney Wiener.
6) Additionally, given the written notice requirement of Rule 1.17 of the Rules of
Professional Conduct, I am requesting that you produce written documentation to
support your compliance therewith prior to November 7, 2011.
7) After a brief discussion, there has also been some question whether my client actually
executed the October 28, 2011 amendment to the agreement, so any documentation
that you can provide to address those concerns will be greatly appreciated.
Notwithstanding issues with performance of the duties outlined in the agreement itself,
there is certainly some interesting omissions which make me question whether a binding
agreement was ever in place and whether the amendment to the agreement is valid either.
I believe the Pennsylvania Disciplinary Board may take issue with the premise that an
attorney may circumvent their professional obligations and the Rules of Professional conduct by
claiming that your actions were non-legal particularly when those services are rendered in
connection with a written contract where The Law Offices of Eric J. Wiener, LLC and/or Cory
A. Leshner, LLC are parties to the contract.
My client would prefer to part ways as amicably as possible and to use the words you
conveyed to her son, possible work together in the future on an as needed basis, however she is
willing to proceed in any fashion necessary to terminate the agreement with Cory A. Leshner,
LLC and assure her right to secure the services of whomever she pleases.
I look forward to your response and if you should have any questions or concerns, please
feel free to contact me via email at Rnisso@Rirlaw.com or by telephone at (717) 591-1755
extension 102 or my paralegal, Ashley Malcolm via email at amalcolm@pjrlaw.com or by
telephone at (717) 591-1755 extension 103.
Ver ,
Peter J. Russo
cc: Client
TERMINATION AGREEMENT
THIS LEASE TERMINATION AGREEMENT ("Agreement"), is made and entered
into this day of January 2012, by and between RESPECT AMBULANCE COMPANY,
INC. ("RESPECT") and CORYA. LESHNER, LLC ("LESHNER").
BACKGROUND
A. RESPECT executed a Consulting Agreement with The Law Offices of Eric J. Wiener,
LLC on or about April 21, 2011 ("Original Agreement").
B. LESHNER acquire The Law Offices of Eric J. Wiener, LLC on or about October 28,
2011.
C. LESHNER and RESPECT executed an Amendment to the Original Agreement on or
about October 28, 2011 ("Amendment").
D. Differences have developed between LESHNER and RESPECT which have caused the
mutual termination of the Amendment.
E. RESPECT and LESHNER now desire to confirm their understanding with respect to the
some, in writing.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of where
are hereby acknowledged, RESPECT and LESHNER, each intending to be legally bound, agree as
follows:
1. Background The background set forth above is incorporated into and made part
of this Agreement.
2. Termination of Amendment. RESPECT and LESHNER agree that the terms of
the Amendment are hereby modified such that the term of the Amendment shall expire as of
December 30,2011.
3. Release. Upon the execution of this Agreement, LESHNER and RESPECT shall
mutually released and discharged each other, from any further obligations or claims, known or unknown,
under the Amendment or the Original Agreement.
4. Entire Aerament. This Agreement contains the entire agreement by and between
RESPECT and LESHNER with respect to the subject matter set forth herein and supersedes any prior oral
or written understanding. To the extent not otherwise modified by this Agreement..
5. Counterparts. This Agreement may be executed in one or more counterparts by
RESPECT and LESHNER, which when placed together shall constitute a whole and binding agreement.
RESPECT and LESHNER agree and acknowledge that the parties' signature may be facsimile or other
reproduction, which shall constitute an original signature.
IN WITNESS WHEREOF, RESPECT and LESHNER have caused this Agreement to be signed
and delivered as of the day and year first above written.
Witness:
RESPECT AMBULANCE COMPANY, INC.
BY: Yelizaveta Badak Fridrikhova
CORY A. LESHNER, LLC
Witness: By:
BY: Cory A. Leshner
Exx?slT K
LAW OFFICES OF
CORY A. LESHNER LLC
2023 N. 2nd Street, Suite 201
Harrisburg, PA 17102
T: (717) 909-9999
F: (717) 909-9009
www.coryteshner.com
Cory A. Leshner
cal@ooryleshner c m
VIA US MAIL
January 30, 2012
Peter J. Russo, Esquire
Law Offices of Peter J. Russo, P.C.
5006 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
RE: Respect Ambulance Company, Inc.
Dear. Attorney. Russo:
Thank you for your letter of January 19, 2012. At this point I concur that a
termination of the agreement between your client and my firm has become necessary. As
such, I am willing to agree to a termination of the contract with no further obligation on
the part of either party. However, I have completed substantial work on behalf of
Respect Ambulance with the understanding that I would be compensated for the same in
the future pursuant to the terms of our agreement. If the agreement is terminated, and the
future obligation is extinguished, then I expect to be compensated for my past efforts on
behalf of your client.
Please find enclosed a detailed listing of hour, spent by me on Respect
Ambulance Company matters over the course of the last two (2) years. As I am sure you
are aware I have only been paid $1207.27 for such work to date. In addition to the
services that I directly provided to Respect, the company benefited from its relationship
with me on account of the services it received from Maria Loun Designs, LLC, Connie
Bright, and Dr. Bernard Z,eliger, D.O at no charge.
Specifically, Maria Loun Designs, LLC provided Respect Ambulance with a
corporate branding, design services for business cards and brochures, web design
services, and design services related to the graphical wrapping of its vehicles. Your
client acknowledged the benefit of these services in its letter to me on December 30,
2011. Further your client offered to compensate Maria Loun Designs, LLC in the amount
of $5,000 for its services. This amount is acceptable and should be tendered as a part of
any separation agreement.
Letter to Peter J. Russo, Esq.
Re: Respect Ambulance Company, Inc.
January 28, 2012
Page 2
As to the services of Connie Bright, Respect Ambulance benefited from her
employment relationship with Eric J. Wiener, LLC and then Cory A. Leshner, LLC.
Connie Bright performed administrative tasks on behalf of Respect Ambulance at the
specific direction of Andrey Levkovich. The work performed by Connie Bright was
completed at no cost to Respect Ambulance based upon my relationship with Respect and
Ms. Bright. While Respect Ambulance incurred no cost for the services of Ms. Bright I
certainly did. Approximately 109/o of Ms. Bright's time was spent solely on Respect
Ambulance matters. As such I expect that as a part of this termination agreement Respect
Ambulance will reimburse me for 10% of Ms. Bright's salary for the period of
September, October, November, and December. Her total salary for this period was
$9,024, as such a payment of $902 would be appropriate.
Dr. Zeliger was engaged by Respect Ambulance to serve as its medical director.
A medical director is a requirement for any DOH licensed BLS Ambulance service. Dr.
Zeliger agreed to accept the position for no compensation on the strength of his
relationship with Eric J. Wiener and myself. I have intentionally delayed notification to
him of this dispute so that he will continue to serve in the position until this issue is
resolved. As a part of any termination agreement I would expect that Dr. Zeliger would
be appropriately compensated, and any contract for him to serve as medical director
would be independently negotiated.
At this time I am agreeable to a termination of the underlying agreement if that is
the wish of your client. However, I expect that the considerable time I spent on Respect
Ambulance matters will be appropriately compensated. Further, given that the
relationship is to be terminated, all amounts should be paid in full as of the date of any
termination agreement.
Please forward to me an appropriate termination agreement taking into account
the above. I would be happy to execute the same.
Should you have any questions or concerns, please do not hesitate to call or
contact me.
CALIcal
Enclosure
cc: Ronald D. Butler, Esquire (via e-mail)
The Law Offices of Cory A. Leshner, LLC
2023 N. 2nd Street SUITE 201
HARRISBURG, PA 17102
Phone: 717-909-9999 1 Fax: 717-909-9009
Account Statement
Prepared for Respect Ambulance Company, Inc.
Re: 1254-001, R
Previous Balance $0.00
Current Charges $53,959.48
New Balance $53,959.48
Adjustments $0.00
Payments $(370.21)
Now Due $53,959.48
Trust Account $0.00
The Law Offices of Cory A. Leshner, LLC
2023 N. 2nd Street SUITE 201
HARRISBURG, PA 17102
Phone: 717-909-9999 1 Fax: 717-909-9009
PRE-BILL
Respect Ambulance Company, Inc.
1993 Hummel Ave Invoice Date: January 28, 2012
Suite 100 Invoice Number. Pre-bill
Camp Hill 17011 Invoice Amount: $53,959.48
Matter: 1254-001, R
Attorney's Fees
7/28/2010 Meeting with Andrey and EJW re: Ambulance venture C.A.L. 1.00 $75.00
and investment
9/1/2010 Meeting with Andrey and MJ re: potential Ambulance C.A.L. 1.00 $75.00
venture
10/13/2010 Research Advantage and Paratransit application C.A.L. 1.50 $112.50
10/13/2010 Review Dept. of Health Ambulance licensure manual C.A.L. 2.25 $168.75
10/27/2010 Meeting with MJ re: Sales and planning for Ambulance C.A.L. 1.00 $75.00
venture
11/15/2010 Research Statutory Close Corp. C.A.L. 1.25 $93.75
11/15/2010 Draft Bylaws, additional article provisions, consents and C.A.L. 2.50 $187.50
art of incorp for Androm
11/16/2010 Review BLS protocols and required policies C.A.L. 1.00 $75.00
11/16/2010 Review required equip list C.A.L. .75 $56.25
11/16/2010 Review DOH approved software vendors for ePCRs C.A.L. .25 $18.75
11/17/2010 First Draft of BLS policies for Androm C.A.L. 1.50 $112.50
12/1/2010 Draft Note re: Andrey Investment into Ambulance C.A.L. 1.00 $75.00
1211/2010 Meeting with MJ re: potential required disclosures on C.A.L. .50 $37.50
licensing app
12/5/2010 Prepare budget and projections re: Ambulance; C.A.L. 2.00 $150.00
Conference with Andrey
12/5/2010 Research Medicare reimbursement rates for Central PA C.A.L. 2.00 $150.00
1/0011 Meeting with Andrey re: name of Ambulance service, C.A.L. 3.00 $225.00
budgets, and agreements
1110/2011 Review Sample HIPAA policies C.A.L. 1.00 $75.00
1/10/2011 Draft docketing statement and articles of incorp for C.A.L. 1.00 $75.00
Respect
1/16/2011 Meeting with Andrey (West Reading) C.A.L. 2.00 $150.00
1/27/2011 Meeting with Andre and Anita re: Billing (KOP) C.A.L. 3.00 $225.00
2/2/2011 Prepare first drafts of Consulting Agreements for M1, C.A.L. 3.00 $225.00
Adam and EJW Law
2/3/2011 Call with Bart; review DC Communications Manual C.A.L. 1.50 $112.50
2/9/201 I Prepare bylaws, resolutions, note, for Respect C.A.L. 2.00 $150.00
219/2011 Prepare Corp Advertisement and send same to Paxton C.A.L. .75 $56.25
Herald and DC Reporter
2/15/2011 Meeting with MJ re: Sales position and compensation C.A.L. 1.50 $112.50
2/20/2011 Phone call with Brenner; review properties forwarded C.A.L. 1.00 $75.00
2/21/2011 Call with Brenner re: Lease proposal 1500 Paxton C.A.L. .50 $37.50
2/23/2011 Meet with Brenner and Andrey and MJ to view potential C.A.L. 3.00 $225.00
spaces
3/3/2011 Call with MJ re conditional equity C.A.L. .50 $37.50
3/7/2011 Meet at 50 S. Cameron to see building C.A.L. 1.00 $75.00
3/17/2011 Review Advantage Indictments C.A.L. 1.50 $262.50
3/23/2011 Meet with Dennis to view space on Allentown Blvd C.A.L. 1.00 $175.00
3/25/2011 Update Consulting Agreement with MJ, Adam and EJW C.A.L. 1.00 $175.00
LAW per Andrey's instructions
4/52011 Call With Chuck Polus re: Insurances C.A.L. .50 $87.50
4/11/2011 Fill out insurance applications C.A.L. 1.50 $262.50
4/13/2011 Meet with Andrey to see Hummel Ave and Allentown C.A.L. 1.50 $262.50
Blvd
4/142011 Call with Casey re: AEDs C.A.L. .75 $131.25
4/19/2011 Review Lease Agreement C.A.L. 1.00 $175.00
4/20/2011 Meet with Erin Genest re: Lease for Hummel Ave C.A.L. 1.00 $250.00
4/21/2011 Email to MJ about potential position for Fran C.A.L. 1.00 $250.00
4/21/2011 Research PCR and billing software providers C.A.L. 2.00 $500.00
4/21/2011 Review and finalize ambulance contents list; calls with C.A.L. 1.50 $375.00
suppliers
4/22/2011 Meeting with Fran and MJ about Fran's employment C.A.L. 1.50 $375.00
with Respect
4232011 Meeting with MJ and Andrey re: Brochure and website C.A.L. 1.50 $375.00
426/2011 Call with Gerlach re alternative insurance proposal per C.A.L. 1.00 $250.00
Andrey
4/27/2011 Meeting with Andrey re status and updates C.A.L. 2.00 $500.00
4/282011 Submit Business cards and titles C.A.L. .25 $62.50
4/282011 Call with Lauren Berry C.A.L. .25 $62.50
4282011 Meet with Chuck polus re insurance applications C.A.L. 1.00 $250.00
4282011 draft bls policies C.A.L. 2.50 $625.00
4/292011 Finanlize and execute consulting agreements EJW and C.A.L. 1.50 $375.00
MJ
4/292011 Cali with Erin Genest re Garage codes and keys C.A.L. .25 $62.50
4292011 Call with Andrey re: Fran's compensation package C.A.L. .50 $125.00
429!2011 Interview with Lauren Berry C.A.L. 1.00 $250.00
5/1/2011 Create application for employment C.A.L. .50 $125.00
511/2011 Review and revise brochure C.A.L. 1.00 $250.00
5/22011 Meeting with Dr. Zeliger re: Medical director position C.A.L. 1.00 $250.00
5/3/2011 Meet with comcast re installation C.A.L. 1.00 $250.00
5142011 Meeting with Fran re: responsibilities and potential C.A.L. 1.50 $375.00
employment
5/52011 Meetinglinterview with Matthew Wright re EMT C.A.L. .75 $187.50
position
5/62011 Call with Joe Levy re Ambulance specs; call with C.A.L. 1.00 $250.00
Andrey re same
5/9/2011 Call with Medex supply re quote for ambulance contents C.A.L. 1.25 $312.50
5/92011 Prepare application for MV Insurance; call with Chuck C.A.L. 1.00 $250.00
5/9/2011 Meeting with Andrey and Fran re: Respect C.A.L. 3.00 $750.00
5/102011 Prepare projections for Respect C.A.L. 1.00 $250.00
5/112011 Review quote from Medex on contents; additional C.A.L. 2.00 $500.00
research on products
5/122011 call with Laura re: Med 9 radios C.A.L. .50 $125.00
5/12/2011 Complete auto apps for polus C.A.L. 1.00 $250.00
5112/2011 Calls with EMA re Med 9 radios C.A.L. 1.00 $250.00
Dauphin/Cumberland/supplier
5/13/2011 Review Ambulance graphics C.A.L. .50 $125.00
5/16/201 l review auto and WC quotes with Andrey C.A.L. 1.00 $250.00
51162011 call with Chuck repayment plans C.A.L. .50 $125.00
5/162011 Call with Andy Gilger re: EmSTAT 5 C.A.L. .75 $187.50
5/162011 Call with Medex re: final quote items C.A.L. .50 $125.00
5/172011 call with MJ re appropriate use of emails C.A.L. .50 $125.00
5/182011 Meeting with Fran C.A.L. 1.00 $250.00
5/182011 Order supplies for vehicle C.A.L. 4.00 $1,000.00
5/182011 Call with Laura re: o2 quotes and delivery issues C.A.L. .75 $187.50
5/182011 Communication with Maria re: Business card designs C.A.L. 1.00 $250.00
5/182011 Set up godaddy.com account C.A.L. 1.00 $250.00
5/202011 revise brochure language; circulate for approval C.A.L. 1.00 $250.00
5232011 Follow up with Gilger re: EmSTAT schedule demo; fill C.A.L. 1.00 $250.00
out PO
5262011 EMSTAT tutorial C.A.L. 1.50 $375.00
5/272011 EMT background checks C.A.L. .50 $125.00
5272011 Apply for NPI C.A.L. 1.00 $250.00
6112011 Call with Jay Taylor re registry app C.A.L. 1.00 $250.00
622011 Fill out licensure application on DOH website C.A.L. 2.00 $500.00
6/22011 Meeting with Fran C.A.L. 1.00 $250.00
6/6/2011 ordered corporate book C.A.L. .25 $62.50
61612011 Meeting with Andrey (all day) re: updates, budgets, C.A.L. 6.00 $1,500.00
supplies, license
61612011 Set up Frads computer, outlook and signature C.A.L. 1.00 $250.00
6172011 Meeting with Adam re: Sales C.A.L. 1.00 $250.00
6/82011 Review website design C.A.L. 1.00 $250.00
6192011 Set up EMSTAT C.A.L. 1.50 $375.00
6/92011 review emstat user manual fivd to Fran C.A.L. 1.50 $375.00
61102011 Draft HIPAA privacy policy C.A.L. 2.00 $500.00
61162011 Respect DOH inspection C.A.L. 1.00 $250.00
6272011 Follow up on Medex refund; call with company C.A.L. .75 $187.50
7/12011 Fill out and submit medicare apps C.A.L. 3.00 $750.00
7/52011 Meeting with MJ re: Meet and greet C.A.L. 1.00 $250.00
7/72011 respect meet and greet C.A.L. 2.00 $500.00
7/21/1011 Make requested changes to medicare app C.A.L. 1.00 $250.00
7212011 call with Julia from highmark re payment C.A.L. .50 $125.00
7/252011 Additional corrections to medicare app; call with julie C.A.L. 1.00 $250.00
8/42011 call with chuck re amending payroll on we C.A.L. .50 $125.00
8/15/2011 webinar re advance claim C.A.L. 1.00 $250.00
8/16/2011 Meet with Fran re corrections to PCRs C.A.L. 1.00 $250.00
8/16/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
8/17/2011 Daily meeting with fran C.A.L. 1.00 $250.00
8/18/2011 meet with paysmart re payroll C.A.L. 1.00 $250.00
8/18/2011 daily meeting with fran C.A.L. 1.00 $250.00
8119/2011 Prepare ad for EMT C.A.L. .50 $125.00
8/20/2011 Meet with Andrey and Fran; print out listing of all C.A.L. 2.00 $500.00
nursing homes and dialysis centers review strategy
8/2212011 Daily meeting with Fran C.A.L. 1.00 $250.00
8/23/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
8/24/2011 Draft letter to doctor re: CMN Simmons C.A.L. 1.00 $250.00
8/24/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
8/24/2011 Meeting with Joel Hocking re: powertlexx C.A.L. 1.00 $250.00
8/24/2011 meeting with MJ and Andrey re: CMN C.A.L. .50 $125.00
8/24/2011 Meeting with MJ and Andrey re: Mr. Simmons C.A.L. .50 $125.00
8/25/2011 Call with MJ re resignation C.A.L. .25 $62.50
8/25/2011 Draft CMN C.A.L. 1.00 $250.00
8/25/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
8/26/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
8/26/2011 call with Tanya re billing; exchange of emails C.A.L. 1.50 $375.00
8/26/2011 meet with MJ re resignation C.A.L. 1.00 $250.00
8/29/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
8/30/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
8/30/2011 contact elite 911 renew ambulance C.A.L. 1.00 $250.00
8/31/2011 Meeting with Nickolas from Golden Living C.A.L. 1.00 $250.00
9/1/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/1/2011 complete and submit DPW app C.A.L. 1.50 $375.00
9/2/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/6/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/7/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/7/2011 Letter to MJ re resignation C.A.L. .30 $75.00
9/8/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
9192011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/122011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/12/2011 Prepare timesheets for Andrey C.A.L. 1.00 $250.00
9113/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/132011 Lunch with Dr. Brescia C.A.L. 1.50 $375.00
9/14/2011 draft letter to nicholas; meet with andrey C.A.L. 1.00 $250.00
9/142011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/15/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/162011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/192011 Daily meeting with Fran C.A.L. 1.00 $250.00
9202011 Daily meeting with Fran C.A.L. 1.00 $250.00
9212011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/22/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
9232011 Daily meeting with Fran C.A.L. 1.00 $250.00
9/242011 Meeting with Julia re: Billing (Philly) C.A.L. 1.50 $375.00
925/2011 call with Andrey and Julia re: billing software C.A.L. 1.00 $250.00
9262011 call with Julia re billing C.A.L. .25 $62.50
9/272011 call with elite 911; follow up on purchase and border C.A.L. 2.00 $500.00
docs; submit banking info
10/3/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/4/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/5/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/6/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/7/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/10/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/11/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/12/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/1312011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/14/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/17/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10119/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/20/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
1021/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/24/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/26/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/27/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/282011 Daily meeting with Fran C.A.L. 1.00 $250.00
10/31/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/1/2011 Complete Highmark app for non-provider status C.A.L. 1.00 $250.00
112/201 I call with fmn re update and company direction C.A.L. .50 $125.00
11/4/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/7/201 l Daily meeting with Fran C.A.L. 1.00 $250.00
11/8/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/92011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/10/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/112011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/142011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/152011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/15/2011 Follow up on Highmark App C.A.L. 1.00 $250.00
11/16!2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/172011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/18/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/21/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
1122/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/2U2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/28/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/29/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
11/30/2011 call with Fran re: Andrey behavior and communication C.A.L. .75 $187.50
11/30/2011 issues
Follow up on Highmark App
C.A.L.
1.00
$250.00
12/12011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/5/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/62011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/7/2011 confirm status of all Blue PPO patients C.A.L. 2.50 $625.00
12/7/2411 Daily meeting with Fran C.A.L. 1.00 $250.00
12/7/2011 follow up on Highmark app C.A.L. 1.00 $250.00
1 2/8120 11 Daily meeting with Fran C.A.L. 1.00 $250.00
12/92011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/92011 Draft letter to patients re direct payments C.A.L. 1.00 $250.00
12/12/2011 Draft commission agreements June and Missy C.A.L. 1.00 $250.00
12/12/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/13/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/14/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/15/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/16/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/19/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12120/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/2I/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12t2212011 Daily meeting with Fran C.A.L. 1.00 $250.00
1 2/22120 11 review and revise questionnaire C.A.L. 1.00 $250.00
12/23/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/28/2011 Daily meeting with Fran C.A.L. 1.00 $250.00
12/30/2011 follow up on highmark payments C.A.L. 1.50 $375.00
SUBTOTAL: 249.30 $53,925.00
Costs
5/31/2011 copies @ 11 $2.20
5/31/2011 Postage $1.08
6/30/2011 copies @ 3 $0.60
6/30/2011 Postage $0.88
7/29/2011 copies @ 53 $10.60
7/29/2011 fax (1) $5.00
7/29/2011 Postage $2.36
8/31/2011 copies @ 11 $2.20
8/31/2011 Postage $1.08
9/30/2011 copies @ 32 $6.40
9/30/2011 Postage $2.08
SUBTOTAL: $34.48
Matter Ledgers
12/30/2011 Invoice 10002 $370.21
12/3012011 Payment on inv 10002 $(370.21)
SUBTOTAL: $0.00
Trust Account
Available in Trust: $0.00
TOTAL: $53,959.48
PREVIOUS BALANCE DUE: $0.00
CURRENT BALANCE DUE AND OWING: $53,959.48
EXHIBIT I
PETER). RUSSO. ESCLVIRE
ASHLEY R. MALCOLM. PARALEGAL
Cory A. Leshner, Esquire
Cory A. Leshner, LLC
2023 N. 2nd Street, Suite 201
Harrisburg, PA 17102
LAW OFFICES OF
PETER J.RUS SO P.c.
ATTORNEYS AT LAw
ELIZABETH J. SAYLOR. ES0111RE
DEREK M. STROUPHAUER. PARALEGAL
Friday, February 10, 2012
RE: RESPECT AMU ANCE COMPANY. INC.
Dear Mr. Leshner,
I am in receipt of your correspondence from January 30, 2012. In our telephone
conversation, my understanding was that you initially rejected the offer made by Respect on
December 30, 2011, because of the amortization of the payments. After reviewing your letter,
the issues go far beyond the scope of what was initially understood. In the event there was any
misunderstanding on my part, I want to avoid any f ulher misunderstandings.
Respect interprets your letter of January 30, 2012 to be a counter-offer. To that end, your
counter-offer is rejected. In the event there is any belief that the original offer made in my
client's letter of December 30, 2011, may still subject to acceptance, please know that offer has
also been withdrawn.
As you can imagine, after reviewing your correspondence I am even further concerned.
While you have not provided me with any of the items which were requested in my January 18,
2012 letter, including, but not limited to documentation that you were authorized to execute the
April, 2011 Consulting Agreement on behalf of The Law Offices of Eric J. Wiener, LLC and/or
any documentation supporting compliance with Rules 1.8, 1.14, 1.17 and 5.7 of the Rules of
Professional Conduct by The Law Offices of Eric J. Wiener, LLC and/or Cory A. Leshner, LLC,
but you did provide me a bill for in excess of $50,000.00 of billable hours.
With respect to your billing statement itself, without getting in the minutiae of the actual
billing entries, several more substantial concerns are raised.
1) Given that neither the fee agreement nor the consulting agreement were executed
until April of 2011, my client's position is any billable hours between July 28, 2010
and April 21, 2011 are a matter between you and your employer at that time, The Law
Offices of Eric J. Wiener, I.I.C.
5006 EAST TRINDLE ROAD. SUITE 100. MECHANICSBURG. PA 17050
PHONE: (717) 591-1755 FAX: (717) 591-1756
2) Respect never received written notice of your March 17, 2011, decision to increase
your billable rate increased from $75.00 an hour to $175.00 an hour, nor did they
received written notice of your decision a month later to again increase your billable
rate from $175.00 an hour to $250.00 an hour. The first time Respect ever learned of
these changes was as a result of your letter from January 30, 2012.
3) Respect advised me that it never executed a fee agreement with Cory A. Leshner,
LLC.
4) As a note, while the body of your January 30, 2012, letter indicates that you have
been paid $1,202.27 your billing statement indicates payments of $370.21.
Without a written fee agreement, the failure to provide written notice to my client of any
change in the hourly rate, and the concerns raised both in this letter as well as my initial letter,
my client simply cannot accept any portion of your proposal. Unless we can resolve this matter
within ten (10) days of this letter by way of termination of any and all agreements, given all of
the outstanding items that we have requested and would require, my client has asked me to file a
declaratory judgment action seeking to deem the consulting agreement void; submit your claim
for fees to the Cumberland County Bar Association's Fee Dispute Committee and will seek
guidance from the Pennsylvania Disciplinary Board.
As I mentioned in my first letter, my client's goal was to have each party walk way from
this matter in an amicable fashion but in review of your billing statement, we now fear that time
has passed. I look forward to your response within ten (10) days of the date of this letter and if
you should have any questions or concerns, please feel free to contact me via email at
RMW@,Rirlaw.com or by telephone at (717) 591-1755 extension 102 or my paralegal, Ashley
Malcolm via email at amalcolmQ.2irlaw.com or by telephone at (717) 591-1755 extension 103.
Very truly yours,
Peter J. Russo
cc: Client
TERMINATION AGREEMENT
THIS LEASE TERMINATION AGREEMENT ('Agreement'), is made and entered
into this day of February 2012, by and between RESPECT AMBULANCE COMPANY,
INC. ("RESPECT') and CORYA. LESHNER, LLC ("LESHNER").
BACKGROUND
A. RESPECT executed a Consulting Agreement with The Law Offices of Eric J. Wiener,
LLC on or about April 21, 2011 ("Original Agreement").
B. LESHNER acquire The Law Offices of Eric J. Wiener, LLC on or about October 28,
2011.
C. LESHNER and RESPECT executed an Amendment to the Original Agreement on or
about October 28, 2011 ("Amendment").
D. Differences have developed between LESHNER and RESPECT which have caused the
mutual termination of the Amendment.
E. RESPECT and LESHNER now desire to confirm their understanding with respect to the
same, in writing.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of where
are hereby acknowledged, RESPECT and LESHNER, each intending to be legally bound, agree as
follows:
1. &ekjrorund. The background set forth above is incorporated into and made part
of this Agreement.
2. Termination ofAmendment. RESPECT and LESHNER agree that the terms of
the Amendment are hereby modified such that the term of the Amendment shall expire as of
December 30, 2011.
3. Release. Upon the execution of this Agreement, LESHNER and RESPECT shall
mutually released and discharged each other, from any past, current or further obligations or claims,
known or unknown, under the Amendment, the Original Agreement or any other agreement, whether
written, verbal or quasi contractual in nature.
4. Entire Apreemer This Agreement contains the entire agreement by and between
RESPECT and LESHNER with respect to the subject matter set forth herein and supersedes any prior oral
or written understanding. To the extent not otherwise modified by this Agreement..
5. Counterparts. This Agreement may be executed in one or more counterparts by
RESPECT and LESHNER, which when placed together shall constitute a whole and binding agreement.
RESPECT and LESHNER agree and acknowledge that the parties' signature may be facsimile or other
reproduction, which shall constitute an original signature.
W WITNESS WXEREOF, RESPECT and LESHNER have caused this Agreement to be signed
and delivered as of the day and year first above written.
RESPECTAMBULANCE COMPANY, INC.
Witness:
BY: Yelizaveta Badak Fridrikhova
CORY A. LESHNER, LLC
Witness: By:
Witness: By:
BY: Cory A. Leshner
Joined by:
Cory A. Leshner, Individually
OOP'
EXHIBIT ?
LAW OFFICES OF
CORY A. LESHNER LLC
2023 N. a Street, Suite 201
Harrisburg, PA 17102
T: (717) 909-9999
F: (717) 909-9009
www.coryieshner.com
Cory A. Leshner
cal@wryieshner.com
VIA US MAIL
Peter J. Russo, Esquire
Law Offices of Peter J. Russo, P.C.
5006 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
February 21, 2012
RE: Respect Ambulance Company, Inc.
Dear Attorney Russo:
I am in receipt of your letter dated 2/10/12. I contacted your office on that date,
but have yet to receive a return call.
I have reviewed your letter and have no objection to your filing a declaration
action or fee dispute arbitration. Further, if you feel that it is in your client's best interest,
feel free to contact the Disciplinary Board on this matter. I am sure that the Board will
agree that this is nothing more than a fee dispute.
If you choose to move forward with litigation feel free to contact me to coordinate
the same. I would be happy to accept service. If you would like to discuss settlement of
this matter short of litigation I am always open to such a conversation.
Should you have any questions or concerns, please do not hesitate to call or
contact me.
CAUcal
cc: Ronald D. Butler, Esquire (via e-mail)
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713
Email: pedger(kpirlaw.com
Peter J. Russo, Esquire
Email: prusso&pirlaw.com.
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Attorneys for Plaintiff
RESPECT AMBULANCE CO. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
CORY A. LESHNER, LLC NO.
Defendant
ACTION FOR DECLARATORY JUDGMENT
VERIFICATION
I, Yelizaveta Fridrikhova, President of Respect Ambulance Company, Inc. verify that the
statements made in the foregoing document(s) are true and correct. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Date: ! S
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Kr
OFFICE CIF 'f 6E ERIFF
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2012 MAY 22 AM 9: 08
CUMBERLAND COUNTY
PENNSYLVANIA
Respect Ambulance Co.
Case Number
VS.
Cory A. Leshner 2012-2637
SHERIFF'S RETURN OF SERVICE
05/01/2012 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: Cory A. Leshner, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Notice in
Action for Declaratory Judgment according to law.
05/08/2012 01:46 PM - Dauphin County Return: And now May 8, 2012 at 1346 hours 1, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint in Declaratory Judgment, upon the within named defendant, to wit: Law Offices of Cory A.
Leshner, LLC by making known unto himself personally, at 2023 N. 2nd Street, Suite 201, Harrisburg,
Pennsylvania 17102 its contents and at the same time handing to him personally the said true and correct
copy of the same.
SHERIFF COST: $39.70
May 18, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, TeleoeoR, Inc.
mjji'tt oaf #E!v 1`?errf.?
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
RESPECT AMBULANCE CO.
VS
CORY A. LESHNER, LLC
Sheriff s Return
No. 2012-T-1321
OTHER COUNTY NO. 2012-2637
And now: MAY 8, 2012 at 1:46:00 PM served the within ACTION FOR DECLARATORY
JUDGEMENT upon CORY A. LESHNER, LLC by personally handing to CORY LESHNER 1 true
attested copy of the original ACTION FOR DECLARATORY JUDGEMENT and making known to
him/her the contents thereof at 2023 N. 2ND STREET, SUITE 201 HARRISBURG PA 17102
Sworn and subscribed to
before me this 9TH day of May, 2012
O)P*z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17 2014
So Answers,
n ?
By ,
Deputy Sheriff
Deputy: DARIN S SH:
Sheriffs Costs: $41.25
12
Cory A. Leshner, Esq.
Attorney ID: 310377
2023 N. 2nd Street, Suite 201
Harrisburg, PA 17102
717-909-9999
717-909-9009 (fax)
cal c%coi-vleshner.com
r k
iu i ir-11r `?i L
P E 144 S Y!-W', C1'
RESPECT AMBULANCE CO.,
Plaintiff
V.
CORY A. LESHNER, LLC,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 12-2637 CIVIL TERM
ACTION FOR DECLARATORY JUDGMENT
To: PLAINTIFF and its Attorney
You are hereby notified to file a written response to the
enclosed new matter and counterclaim within twenty (20) days
of service here of or a judgment may be entered against you.
Respectfully submitted:
LAW OFFICES OF CORY A. LESHNER LLC
i
a? By:
Date i
Cory ner
ID # 0377
c cr corvleshner.corn
Law Offices of Cory A. Leshner LLC
2023 N. 2°d Street, Suite 201
Harrisburg, PA 17102
(717) 909-9999
(717) 909-9009 FAX
Attorney for Defendant
1
Cory A. Leshner, Esq.
Attorney ID: 310377
2023 N. 2nd Street, Suite 201
Harrisburg, PA 17102
717-909-9999
717-909-9009 (fax)
cal:a)cotr leshner.com
RESPECT AMBULANCE CO.,
Plaintiff
V.
CORY A. LESHNER, LLC,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 12-2637 CIVIL TERM
ACTION FOR DECLARATORY JUDGMENT
ANSWER WITH NEW MATTER, AND COUNTERCLAIM
AND NOW come the DEFENDANT, Cory A. Leshner, LLC by and through its
attorney, Cory A. Leshner, Esq., and does respectfully represent the following:
ANCWF,R
1. Admitted.
2. Admitted.
3. Denied. Defendant is without sufficient information to determine the truth or
falsity of this averment and thus the averment is denied. By way of further response, at
all relevant times any document to be reviewed by Ms. Fridrikhova was submitted to her
son and agent Andrey Levkovich. It is hereby averred that Mr. Levkovich is capable of
reading, writing, and communicating in English, Russian, and Ukrainian.
4. Denied. Defendant is without sufficient information to determine the truth or
falsity of this averment and thus the averment is denied. By way of further response, at
all relevant times any communication to Ms. Fridrikhova was submitted to her son and
agent Andrey Levkovich. It is hereby averred that Mr. Levkovich is capable of reading,
writing, and communicating in English, Russian, and Ukrainian.
5. Admitted.
6. Admitted.
2
7. Denied. Wiener LLC through Cory A. Leshner did submit the consulting
agreement to Mr. Levkovich, as Ms. Fridrikhova's agent, for review on March 25, 2011
via email. Prior to said submission significant discussion of the contents of said
agreement had occurred between Mr. Leshner and Mr. Levkovich.
8. Denied. Cory A. Leshner negotiated the terms of said agreement with Mr.
Levkovich. At all times Mr. Levkovich represented that he was the agent of Ms.
Fridrikhhova and Respect Ambulance Co.
9. Admitted.
10. Admitted.
11. Admitted.
12. Neither admitted nor denied. The document speaks for itself.
13. Denied. Cory A. Leshner, as an associate of Wiener LLC had the authority to
execute fee arrangement letters with clients on behalf of Wiener LLC.
14. Admitted.
15. Denied. Cory A. Leshner negotiated the terms of said agreement with Mr.
Levkovich. At all times Mr. Levkovich represented that he was the agent of Ms.
Fridrikhova and Respect Ambulance Co.
16. Admitted.
17. Denied. Cory A. Leshner, as an associate of Wiener LLC had the authority to
execute fee arrangements with clients on behalf of Wiener LLC.
18. Denied. This averment is a conclusion of law to which no response is
required. To the extent a response is required, Rule 1.8 is not applicable to this situation,
Rule 1.14 was specifically complied with in that Mr. Levkovich stood in a position to
protect his mother's interest, and as all of the relevant Rules of Professional Conduct
were adhered to Rule 5.7 was necessarily adhered to as well.
19. Admitted.
20. Admitted.
21. Admitted.
22. Admitted in part and denied in part. It is admitted that Cory A. Leshner was
so indicted. However, the indictment was sealed until November 1, 2011. The
categorization of the charges as described in the complaint is specifically denied. The
indictment is a legal document and speaks for itself.
23. Admitted.
3
R ?
24. Admitted in part and Denied in part. It is admitted that Cory A. Leshner
presented an Amended Agreement to Mr. Levkovich on October 28, 2011. It is denied
that such was presented at 7:00pm, strict proof thereof is hereby demanded. By way of
further response, Mr. Levkovich was fully aware of Mr. Leshner's intent to purchase
Wiener, LLC, and significant discussions had occurred between Mr. Leshner and Mr.
Levkovich relative to the assignment leading up to such date. Further, the Amendment
was presented to Mr. Levkovich as he had consistently represented that he was the agent
for Respect Ambulance and Ms. Fridrikhova for such matters.
25. Admitted.
26. Admitted in part and Denied in part. It is admitted Ms. Fridrikhova's
signature that appears on the document. The remainder of the averment is denied. As
with all other documents relating to the Mr. Leshner's representation of Respect
Ambulance, the Amended Agreement was provided to Mr. Levkovich as Respect
Ambulance and Ms. Fridrikhova's agent. If Mr. Levkovich failed to deliver such
document to Ms. Fridrikhova such information is unknown to Defendant and therefore
specifically denied.
27. Admitted. By way of further response, Mr. Levkovich, who, as Ms
Fridrikhova's agent, had the express authority to execute documents on her behalf, placed
the signature stamp on the agreement.
28. Denied. This averment is a conclusion of law to which no response is
required.
29. Admitted in part and denied in part. It is admitted that Respect was not aware
of the indictment on the date the Amended Agreement was signed. It is specifically
denied that Mr. Leshner failed to disclose such information. By way of further response,
the indictment remained sealed until November 1, 2011.
30. Admitted.
31. Denied. Strict proof thereof is hereby demanded.
32. Admitted.
33. Admitted.
34. Admitted in part and denied in part. It is admitted that the letter described in
this averment was sent by Respect Ambulance Co. to Cory A. Leshner and was dated
December 30, 2011. It is specifically denied that Ms. Fridrikhova drafted such letter. By
way of further response it is believed and therefore averred upon information and belief
that such letter was drafted by or at the request of Ms. Fridrikhova's agent, Andrey
Levkovich.
35. Neither admitted or denied. The document speaks for itself.
36. After reasonable investigation Defendant is unable to determine the truth or
falsity of this averment. As such the same is specifically denied.
4
3 7. Admitted.
38. Admitted to the extent such documents were requested. It is denied that any
such documents are germane to the dispute.
39. Admitted.
40. Admitted.
41. Admitted.
42. Denied. To the contrary Wiener LLC and Leshner LLC were paid only
$1,207.27 for in excess of 249 hours of work over the course of several years.
43. Denied. Cory A. Leshner regularly met with Mr. Levkovich and discussed the
extent of services provided by Wiener LLC and Leshner LLC.
44. Admitted.
45. Denied. The billing statement speaks for itself.
46. Admitted.
47. Admitted.
48. Denied
a. Denied. This averment is a conclusion of law to which no response is
required. To the extent that a response is required, Wiener LLC did not enter a
business relationship as is contemplated by Rule 1.8. Wiener LLC was hired by
Respect as an attorney and consultant.
b. Denied. As stated above, Wiener, LLC communicated with Mr. Levkovich
as agent for Respect Ambulance and Ms. Fridrikhova, and as such met all ethical
obligations purportedly required by Rule 1.14.
c. Denied. This averment is a conclusion of law to which no response is
required.
d. Denied. Cory A. Leshner had full authority to execute said agreements.
e. Denied. See averment 24.
f. Admitted.
g. Admitted.
h. Denied. This averment is a conclusion of law to which no response is
required. To the extent a response is required see above.
i. Denied. This averment is a conclusion of law to which no response is
required. To the extent a response is required see above.
5
J. Denied. The agreements were provided to Mr. Levkovich for review one
(1) month in advance of their execution. Furthermore, the final agreements were the
product of significant negotiation between the parties.
k. Denied. Wiener and Leshner had no opportunity to take advantage of
respect. To the contrary it is Respect that has taken advantage of Wiener LLC and
Leshner. As significant amount of time was spent on Respect matters with the
understanding that the agreements would remain in force and payment would be made
in the future. However, Wiener LLC and Leshner were compensated a mere $1,207.27
for over 249 hours of work.
1. Denied. If an ethical duty exists to so notify, Leshner specifically complied
with such. The letter included as Exhibit D to Plaintiff's complaint provides evidence
of such disclosure in writing. Further, on the day Leshner became aware of the
indictment Mr. Levkovich was notified orally as well.
49. It is admitted that the Agreements were terminated as far as future obligations
as of December 30, 2011.
a. Admitted.
b. Admitted.
c. Denied. Wiener LLC and Leshner LLC took all reasonable steps to protect
Ms. Fridrikhova's interest. Specifically, all dealings related to Respect were through
Ms. Fridrikhova's son and agent Andrey Levkovich.
50. Denied. If a breach existed there was no demand by Respect to remedy such
breach. Further, if a breach existed it was not of a material term.
a. Denied. At all times Leshner operated as an independent contractor.
b. Denied. The time spent by Leshner on Respect matters was discussed in
detail, regularly with Mr. Levkovich.
c. Denied.
51. Admitted.
WHEREFORE, Defendant, Cory A. Leshner, LLC, hereby requests this Honorable
Court to enter judgment in its favor and against Plaintiff, Respect Ambulance Co., and
order the following:
a. The contract between Plaintiff and Defendant is effective and creates a
legally binding obligation on Plaintiff to compensate Defendant for its time;
b. Payment of all fees that remain outstanding to Defendant;
c. In the alternative payment of in quantum meruit fees for time expended
d. attorneys fees, and cost of suit;
e. Any other relief deemed to be appropriate.
6
NEW MATTER
52. Defendant incorporates its responses to averments 1-51 as if set forth herein at
length.
53. At all relevant times to the averments of Plaintiff's complaint Andrey
Levkovich was the agent of Respect Ambulance and Yelizaveta Fridrikhova.
54. Mr. Levkovich can competently communicate in English, Russian, and
Ukranian.
55. At all relevant times Mr. Levkovich was the manager in charge of the day to
day operations of Plaintiff.
56. At all relevant times Mr. Levkovich had the authority to bind the corporation.
57. It was Mr. Levkovich's unilateral decision to terminate the agreement.
58. At all times relevant herein, Cory A. Leshner through either Wiener LLC or
Leshner LLC acted as an independent contractor to Plaintiff.
59. Cory A. Leshner was never a partner, shareholder, officer, director or
employee of Plaintiff.
60. During the period that the agreement was effective, all work completed by
Wiener LLC, Leshner LLC, and/or Cory A. Leshner was completed to the satisfaction of
Plaintiff.
61. Wiener LLC, Leshner LLC, and Cory A. Leshner at all times complied with
all required rules of professional conduct.
62. In the event it is determined that any rule of professional conduct was violated
such cannot form the basis to avoid an otherwise enforceable legal obligation.
63. Plaintiff has filed this action for the purpose to delay payment and disparage
Mr. Leshner's character in an attempt to secure a resolution beneficial to Plaintiff.
WHEREFORE, Defendant, Cory A. Leshner, LLC, hereby requests this Honorable
Court to enter judgment in its favor and against Plaintiff, Respect Ambulance Co., and
order the following:
a. The contract between Plaintiff and Defendant is effective and creates a
legally binding obligation on Plaintiff to compensate Defendant for its time;
b. Payment of all fees that remain outstanding to Defendant;
c. In the alternative payment of in quantum meruit fees for time expended
d. attorneys fees, and cost of suit;
e. Any other relief deemed to be appropriate.
COUNTERCLAIM
64. Defendant incorporates its responses to averments 1-63 as if set forth herein at
length,.
65. As averred in Plaintiffs complaint, Plaintiff and Defendant entered into two
separate, but related contracts.
7
66. Plaintiff and Defendant entered into a fee agreement as the basis for legal fees
to be paid to Defendant. A true and correct copy of said agreement is attached to
Plaintiff s complaint as Exhibit B.
67. Plaintiff and Defendant entered into a consulting agreement so as to further
define how fees would be paid for the services to be provided. A true and correct copy of
the consulting agreement is attached to Plaintiffs complaint as Exhibit A except to the
extent That the handwriting contained on such copy was added after the agreement's
execution.
68. Plaintiff agreed to pay Defendant for Defendant's services over the course of
five (5) years as a function of Plaintiffs monthly gross revenue. (See Consulting
agreement 3.2)
69. Defendant performed in excess of 249 hours of work on Plaintiffs behalf over
the course of the relationship between the parties. A true and correct statement of time
expended is attached to Plaintiff s complaint as Exhibit H.
70. The value of said services pursuant to the terms of the fee agreement between
the parties is $53,959.48.
71. The total amount paid by Plaintiff to Defendant or its predecessor is
$1,207.27.
72. Plaintiff has enjoyed lucrative benefits as a result of the efforts and time
expended by Defendant.
73. Plaintiff has been unjustly enriched to the detriment of Defendant.
74. Defendant is entitled to be paid a reasonable fee for the services it provided to
Plaintiff.
75. Plaintiff and Defendant agreed, pursuant to the fee agreement, that the hourly
rate fob compensation would be $250 per hour should the consulting agreement be
terminated.
76. Defendant has demanded payment for services rendered.
77. Despite such demand, Plaintiff has unreasonably withheld payment.
UNT I--BREACH OF CONTRACT
78. Defendant incorporates its responses to averments 1-77 as if set forth herein at
length.
79. Defendant has demanded that Plaintiff pay the specified amount due in
averment 70.
80. Despite these demands for payment, Plaintiff has failed to pay Defendant the
balance of the sum due Defendant in connection with this representation.
81. Plaintiff s failure to pay Defendant the sum due constitutes a material breach
of the agreement in effect between Plaintiff and Defendant.
82. Plaintiff s failure to pay Defendant the sums due and to make arrangements to
pay the same constitutes a breach of the duty of good faith and fair dealing which
Plaintiff owes to Defendant in connection with its agreement.
8
83. As a result of Plaintiffs breach as set forth above, Defendant has sustained
injury in the amount of $_53,959.48, which represents the fair and reasonable value of
the unpaid services rendered and costs incurred by Defendant on Plaintiffs behalf.
WHEREFORE, Defendant demands judgment in its favor and against Plaintiff in the
amount' of $53,959.48, together with interest on all sums due, costs, reasonable attorneys'
fees, and such other relief this Court deems just and appropriate.
COUNT 11--QUANTUM MERUIT
84. Defendant incorporates its responses to averments 1-83 as if set forth herein at
length.
85. Beginning in July of 2010, and continuing through December 30, 2011
Defendant, at the request of Plaintiff and with its knowledge and approval, represented
Plaintiff in connection with the matters described above.
86. In the course of its representation of Plaintiff, Defendant was required to
furnish services and incur costs for the benefit of Plaintiff in connection with these
matters as described above.
87. The fair and reasonable value of the unpaid services that Defendant rendered
to Plaintiff and costs it incurred on Plaintiffs behalf in connection with the above-
described matter is $53,959.48.
88. Despite requests to pay for the services obtained from Defendant, Plaintiff has
failed to pay Defendant the fair value of such services and costs, although the same is due
and owing.
WHEREFORE, Defendant demands judgment in its favor and against Plaintiff in
the amount of $53,959.48, together with interest on all sums due, costs, reasonable
attorneys' fees, and such other relief this Court deems just and appropriate.
Respectfully submitted:
LAW OFFICES-OrrORY
S / ,a) (a?_ By: -'-
Date orv A.
ID #3W377
c,a ,c0 rN,,leshner.com
aw Offices of Cory A. Leshner LLC
2023 N. 2nd Street, Suite 201
Harrisburg, PA 17102
(717) 909-9999
(717) 909-9009 FAX
Attorney for Defendant
9
N
VERIFICATION
The undersigned hereby verifies that he/she are the named Defendant in the foregoing
action, that the facts set forth in Defendant's Answer with New Matter, and Counterclaim
are true and correct to the best of his/her knowledge, information, and belief, and further
states that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §
4904 relating to unsworn falsification to authorities.
_
Date: S Mq 1 to,
10
po
11
RESPECT AMBULANCE CO.,
Plaintiff
V.
CORY A. LESHNER, LLC,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
No.: I2-2637 CIVIL TERM
ACTION FOR DECLARATORY JUDGMENT
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Cory A. Leshner,
LLC and that I served the foregoing Answer with New Matter and Counterclaim by
placing a true and correct copy thereof in the United States Mail, first class postage
prepaid, addressed as follows:
Paul D. Edgar, Esquire
Law Offices of Peter J. Russo, P.C.
5006 Trindle Road
Suite 100
Mechanicsburg, PA 17050
Counsel for Plaintiff
Date: S/o? q ? W
II
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713
Email: pedger pirlaw.com
Peter J. Russo, Esquire
Email: prussoLa)pirlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Attorneys for Plaintiff
RESPECT AMBULANCE CO.
Plaintiff
CORY A. LESHNER, LLC
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2637 CIVIL TERM
ACTION FOR DECLARATORY JUDGMENT
PLAINTIFF'S RESPONSE TO DEFENDANT'S
ANSWER WITH NEW MATTER AND COUNTERCLAIM
AND NOW, COMES the Plaintiff Respect Ambulance Co. (hereinafter "Respect" or
"Plaintiff'), by and through its attorneys The Law Offices of Peter J. Russo, P.C. for Plaintiff's
Response to Defendant's Answer with New Matter and Counterclaim and states:
NEW MATTER
52. Denied. The Rules of Civil Procedure do not require a response to the averment
contained in Paragraph 52.
53. Denied. The averment contained in Paragraph 53 is a conclusion of law to which no
response is required.
54. Denied. The averment contained in Paragraph 54 is a conclusion of law to which no
response is required. To the extent a response is required, Mr. Levkovich can
competently communicate in Russian and Ukrainian, but has difficulty with English.
55. Denied. The averment contained in Paragraph 55 is a conclusion of law to which no
response is required. To the extent a response is required, Mr. Levkovich acted in the role
of an assistant to Mrs. Yelizaveta Fridrikhova, and as such. held no responsibilities or
privileges afforded of a manager, including that of hiring or firing personnel, business
purchases, or daily operations.
56. Denied. The averment contained in Paragraph 56 is a conclusion of law to which no
response is required.
57. Denied. The averment contained in Paragraph 57 is a conclusion of law to which no
response is required. By way of further response, Exhibit E of Plaintiffs complaint
clearly details the decision maker relative to the averments in this paragraph.
58. Denied. The averment contained in Paragraph 58 is a conclusion of law to which no
response is required.
59. Denied. The averment contained in Paragraph 59 is a conclusion of law to which no
response is required.
60. Denied. The averment contained in Paragraph 60 is a conclusion of law to which no
response is required. To the extent a response is required, Respect Ambulance was
dissatisfied with the work completed by Defendant, including, but not limited to,
inaccurate and wrong billing practices, overcharging of accounts, and placing the
company in threat of closure.
61. Denied. The averment contained in Paragraph 61 is a conclusion of law to which no
response is required.
62. Denied. The averment contained in Paragraph 62 is a conclusion of law to which no
response is required.
63. Denied. The averment contained in Paragraph 63 is a conclusion of law to which no
response is required.
WHEREFORE, Plaintiff requests that Defendant's New Matter be dismissed with
prejudice and judgment entered in favor of Respect Ambulance Co. and against Defendant,
plus costs of this action and such further relief that this Honorable Court may decree.
COUNTERCLAIM
64. Denied. The Rules of Civil Procedure do not require a response to the averment
contained in Paragraph 64.
65. Denied. The averment contained in Paragraph 65 is a conclusion of law to which no
response is required. By way of further response, the Plaintiff has sought a declaratory
judgment to determine whether a valid contract existed between the parties give the
egregious conduct set forth in Plaintiff's Complaint.
66. Denied. The averment contained in Paragraph 66 is a conclusion of law to which no
response is required. By way of further response, the Plaintiff has sought a declaratory
judgment to determine whether a valid contract existed between the parties give the
egregious conduct set forth in Plaintiff's Complaint.
67. Denied. The averment contained in Paragraph 67 is a conclusion of law to which no
response it required. Further the averment contained in Paragraph 67 refers to a
document which speaks for itself and any interpretational gloss placed thereon by
Defendant is strictly denied. By way of further response, the Plaintiff has sought a
declaratory judgment to determine whether a contract existed between the parties give the
egregious conduct set forth in Plaintiff's Complaint.
68. Denied. The averment contained in Paragraph 68 is a conclusion of law to which no
response it required. Further the averment contained in Paragraph 67 refers to a
document which speaks for itself and any interpretational gloss placed thereon by
Defendant is strictly denied. By way of further response, the Plaintiff has sought a
declaratory judgment to determine whether a contract existed between the parties give the
egregious conduct set forth in Plaintiff's Complaint.
69. Denied. Plaintiff has no ability to determine the veracity or lack thereof of the statements
contained in Paragraph 69. Further the averment contained in Paragraph 69 refers to a
document which speaks for itself and any interpretational gloss placed thereon by
Defendant is strictly denied. By way of further response, the Plaintiff has sought a
declaratory judgment to determine whether a contract existed between the parties give the
egregious conduct set forth in Plaintiff's Complaint.
70. Denied. Plaintiff has no ability to determine the veracity or lack thereof of the statements
contained in Paragraph 70. Further the averment contained in Paragraph 69 refers to a
document which speaks for itself and any interpretational gloss placed thereon by
Defendant is strictly denied. By way of further response, the Plaintiff has sought a
declaratory judgment to determine whether a contract existed between the parties give the
egregious conduct set forth in Plaintiff's Complaint.
71. Admitted.
72. Denied. The averment contained in Paragraph 72 is a conclusion of law to which no
response is required. To the extent a response is required, Plaintiff currently enjoys the
same benefits it did prior to its relationship with the Defendant.
73. Denied. The averment contained in Paragraph 73 is a conclusion of law to which no
response is required. By way of further response, the relationship claimed by the
Defendant was a detriment to the Plaintiff.
74. Denied. The averment contained in Paragraph 74 is a conclusion of law to which no
response is required.
75. Denied. The averment contained in Paragraph 75 is a conclusion of law to which no
response is required.
76. Admitted.
77. Denied. The averment contained in Paragraph 77 is a conclusion of law to which no
response is required.
COUNT I - BREACH OF CONTRACT
78. Denied. The Rules of Civil Procedure do not require a response to the averment
contained in Paragraph 78.
79. Admitted.
80. Denied. The averment contained in Paragraph 80 is a conclusion of law to which no
response is required.
81. Denied. The averment contained in Paragraph 81 is a conclusion of law to which no
response is required.
82. Denied. The averment contained in Paragraph 82 is a conclusion of law to which no
response is required.
83. Denied. The averment contained in Paragraph 83 is a conclusion of law to which no
response is required.
WHEREFORE, Plaintiff requests that Defendant's Counterclaim Count I be dismissed
with prejudice and judgment entered in favor of Respect Ambulance Co. and against Defendant,
plus costs of this action and such further relief that this Honorable Court may decree.
COUNT II - QUANTUM MERUIT
84. Denied. The Rules of Civil Procedure do not require a response to the averment
contained in Paragraph 84.
85. Denied. The averment contained in Paragraph 85 is a conclusion of law to which no
response is required.
86. Denied. The averment contained in Paragraph 86 is a conclusion of law to which no
response is required.
87. Denied. The averment contained in Paragraph 87 is a conclusion of law to which no
response is required.
88. Denied. The averment contained in Paragraph 88 is a conclusion of law to which no
response is required.
WHEREFORE, Plaintiff requests that Defendant's Counterclaim Count II be dismissed
with prejudice and judgment entered in favor of Respect Ambulance Co. and against Defendant,
plus costs of this action and such further relief that this Honorable Court may decree.
y Submitted
V ,,.. Vi/ -- / v ..?
L9-w ffices a I Russo, P.C.
5006 E. Trin d, Suite 100
Mechanicsburg, PA 17050
Peter J. Russo, Esquire
Supreme Court No. 72897
Paul D. Edger, Esquire
Date: June 15, 2012 Supreme Court No. 312713
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713
Email: ped er gpirlaw.com
Peter J. Russo, Esquire
Email: prussoL&pirlaw.com
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717)59t-1755
Attorneys for Plaintiff
RESPECT AMBULANCE CO. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
CORY A. LESHNER, LLC NO.
Defendant
ACTION FOR DECLARATORY JUDGMENT
VERIFICATION
I, Yelizaveta Fridrikhova, President of Respect Ambulance Company, Inc. verify that the
statements made in the foregoing document(s) are true and correct. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date:
Yelizaveta trjdrikhWa
RESPECT AMBULANCE CO.
Plaintiff
CORY A. LESHNER, LLC
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2637 CIVIL TERM
ACTION FOR DECLARATORY.JUDGMENT
CERTIFICATE OF SERVICE
I, Derek M. Strouphauer, Paralegal, hereby certify that I have on this day served a true
and correct copy of Plaintiff's Response to Defendant's Answer with New Matter and
Counterclaim upon the following person(s), in the manner indicated:
FIRST CLASS MAIL
Cory A. Leshner, LLC c/o
Cory A. Leshner, Esq.
2023 North 2°d Street, Suite 201
Harrisburg, PA 17102
THE LAW OFFICES OF PETER J. RUSSO
Date: June 15, 2012
F ILEJ-OFFICE.
LAW OFFICES OF PETER J.RUSSO,P.C. OF THE PROTHONOTARY
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713 2013 APP 15 PM 2. 4 2
Peter J. Russo, Esquire CUMBERLAND COUNTY
PA Supreme Court ID: 72897 PENNSYLVANIA
Lindsay Gingrich-Maclay, Esquire
PA Supreme Court ID: 87954
5006 East Trindle Road, Suite 203
Mechanicsburg,PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
RESPECT AMBULANCE CO. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2637 CIVIL TERM
CORY A. LESHNER, LLC
Defendant ACTION FOR DECLARATORY JUDGMENT
PRAECIPE TO WITHDRAW ACTION FOR DECLARATORY JUDGMENT
TO THE PROTHONOTARY:
Kindly withdraw the Action for Declaratory Judgment filed by the Plaintiff, Respect
Ambulance Co., on April 30, 2012, in regard to the above-captioned matter. Opposing counsel
concurs in this withdraw.
Respectfully submitted,
BY: 4 I_---
thiCfaw Off of reter J. Russo,P.C.
Peter J. Russ , squire
PA Supreme Court ID: 72897
Lindsay Gingrich-Maclay, Esquire
PA Supreme Court ID: 87954
e Paul D. Edger, Esquire
PA Supreme Court ID: 312713
5006 East Trindle Road, Suite 203
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Date: April 12,2013 Attorneys for Plaintiff
LAW OFFICES OF PETER J. RUSSO,P.C.
BY: Paul D. Edger, Esquire
PA Supreme Court ID: 312713
Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Lindsay Gingrich-Maclay, Esquire
PA Supreme Court ID: 87954
5006 East Trindle Road, Suite 203
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
RESPECT AMBULANCE CO. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
NO. 12-2637 CIVIL TERM
CORY A. LESHNER, LLC
Defendant ACTION FOR DECLARATORY JUDGMENT
CERTIFICATE OF SERVICE
I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of
the foregoing Petition to Withdraw Action for Declaratory Judgment upon the person and in the
manner indicated below and addressed as follows:
United States Regular Mail:
James G. Buck,Esquire
3601 Red Lion Road, 2nd Floor
Philadelphia, PA 19114
Date:
Derek'M. tr u er, aralega