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HomeMy WebLinkAbout13-6131 CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff / V. Docket No.: ARMAND N. ZANGARDI, III a/k/a AJ ZANGARDI and c "� PMPZ, INC. d /b /a SANDERSON MANOR, M CD F—i Defendants Confession of Judgment for Money -U1 ;; -<> co CONFESSION OF JUDGMENT WHERE ACTION _� r COMMENCED BY COMPLAINT �' r") Pursuant to the authority contained in the warrant of attorney, the copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: a. Unpaid legal services $15,722.87 b. Unpaid interest to date $ 764.32 c. Attorney's fees $ 478.00 Total Amount Due $16,965.19 *Plus interest from date of judgment until Defendants' obligation is satisfied, costs of collection, and court costs. CAPOZZI ADLER, P.C. Date: /b J By: / arc . Crum, Esquife Attor ey I.D. No.: 91273 Ca ozzi Adler, P.C. P. . Box 5866 Harrisburg, PA 17110 (717) 233 -4101 Attorney for Defendants O O \ Sg6 °` .. C Lj4 2 031 10 ,� A CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.. ARMAND N. ZANGARD III a/k/a AJ ZANGARDI and PMPZ, INC. d /b /a SANDERSON MANOR,` Defendants Confession of Judgment for Money COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY NOW COMES, Plaintiff, Capozzi Adler, P.C. f/k/a Capozzi & Associates, P.C., by and through its attorneys, to confess judgment against the Defendants and seeks legal relief necessary to obtain payment for legal services rendered and presented, but which remain unpaid. In support of the relief requested herein, Capozzi Adler, P.C. hereby states the following: 1. Plaintiff, Capozzi Adler, P.C. ( "Capozzi "), is a Pennsylvania professional corporation engaged in the practice of law, with a principal place of business located at 1200 Camp Hill Bypass, Suite 205, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, PMPZ, INC. d /b /a Sanderson Manor ( "Sanderson Manor ") is a Pennsylvania corporation having a registered office address of 1530 Sanderson Avenue, Scranton, Lackawanna County, Pennsylvania 18509. 3. Defendant Armand N. Zangardi, III a/k/a AJ Zangardi ( "Zangardi ") is an adult individual and the owner and operator of PMPZ, Inc. d /b /a Sanderson Manor with a last known address of 313 W. Elm Street, Dunmore, Lackawanna County, Pennsylvania 18512. 4. Capozzi is engaged in business as a law firm composed of attorneys admitted to the bar of the Supreme Court of the Commonwealth of Pennsylvania. 1 The Legal Representation Agreement 5. In October 2012, Capozzi and Defendants started a professional relationship for legal services related to a pending appeal before the Department of Public Welfare, Bureau of Hearings and Appeals of the determination to renew Sanderson Manor's Personal Care Home License, as well as additional legal work. A true and correct copy of a Letter of Representation ( "Fee Agreement "), dated October 25, 2012, is attached hereto and incorporated herein as Exhibit "A." 6. The terms of Capozzi's performance of legal services for Defendants were disclosed at the outset of the engagement. 7. The terms of the Fee Agreement provide that "this letter will describe the scope of services to be provided, the basis for determining the fees for those services and our general terms and conditions for billing." 8. The Fee Agreement also provides "In addition to the representation described above, you may from time to time ask us to perform additional legal work or undertake your representation in other matters. This letter constitutes your authorization for our Firm to perform the additional legal work or represent you in other matters." 9. The Fee Agreement also provides that "our firm sends periodic invoices, usually monthly, detailing services rendered during the last billing period ..." 10. The Fee Agreement also provides that "invoices are due upon receipt and must be paid within thirty (30) days unless other acceptable arrangements are made in advance. We reserve the right to charge interest at 1'/2% per month for any invoices not paid within sixty (60) days of the date of the invoice." 11. The section of the Fee Agreement entitled "Disputed Billing" provides, "It is 2 imperative, under the terms of this agreement, that you notify us in writing of any disputed billing within 15 days of your receipt of a bill. If we do not receive written notice within 15 days, the Parties agree that the amount of the bill can no longer be disputed and that said amount is due and owing." 12. The Fee Agreement also provides for attorney's fees and costs of collection as follows: "should it be necessary for us to take legal action to collect any overdue invoices, you will also be responsible for any and all costs of collection including, without limitation, reasonable attorneys fees and expenses." 13. The Fee Agreement authorizes the Confession of Judgment against Defendants for money due and owing Capozzi upon Defendants' default under the terms of the Fee Agreement. Such provision states as follows: CONFESSION OF JUDGMENT. THE UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OF AMERICA OR ELSEWHERE TO APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF ANY HOLDER HEREOF, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, AS HEREINABOVE DEFINED, FOR THE UNPAID BALANCE OF UNDISPUTED LEGAL FEES, AS DESCRIBED ABOVE, TOGETHER WITH UNPAID INTEREST THEREON, COSTS OF SUIT AND ATTORNEY'S FEES, AS DESCRIBED ABOVE, ON WHICH JUDGMENT ONE OR MORE EXECUTIONS MAY ISSUE FORTHWITH. THE UNDERSIGNED HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS, WAIVES STAY OF EXECUTION, AND WAIVES ALL EXEMPTIONS FROM LEVY AND SALE OF ANY PROPERTY THAT NOW ARE OR HEREAFTER MAY BE APPLICABLE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT UNTIL SUCH TIME AS THE HOLDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST, ATTORNEY'S FEES AND COSTS. INTEREST ON THE OBLIGATION EVIDENCED HEREBY SHALL CONTINUE TO ACCRUE AT THE ABOVE - STATED RATE AFTER THE ENTRY OF JUDGMENT HEREON. THE UNDERSIGNED HEREBY WAIVES ITS RIGHTS TO NOTICE AND A HEARING CONCERNING THE 3 VALIDITY OF THE HOLDER'S CLAIMS HEREUNDER AND AGREES AND CONSENTS TO JUDGMENT BEING ENTERED BY CONFESSION IN ACCORDANCE WITH THE TERMS HEREOF AND EXECUTION BEING LEVIED. ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE UNDERSIGNED, IN EACH CASE WITHOUT FIRST BEING GIVEN NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON WHICH SUCH JUDGMENT IS ENTERED. 14. From the period January 3, 2013 through October 4, 2013, Capozzi provided legal services to Defendants in accordance with the Fee Agreement on or about the dates set forth in Capozzi's business records (the "Account Invoices" or "Client Ledgers "). 15. On October 10, 2013, Capozzi sent a reminder notice to defendants for payment on the outstanding balance. 16. At all times relevant hereto, Defendants agreed to pay Capozzi for all legal services Capozzi would perform. 17. At all times relevant hereto, Capozzi performed legal services for Defendants pursuant to Defendants' requests. 18. At all times relevant hereto, the services rendered were done in a professional and competent manner, with no complaints having been made by Defendants. 19. The rates, charges and other billing procedures performed under the Fee Agreement were, at all times, in accordance with the Fee Agreement as referenced in "Exhibit A." 20. Each of the subject legal matters performed on Defendants' behalf was billed on an hourly basis. None of the legal matters were billed on a contingent fee basis. 21. Defendants never disputed the charges orally or in writing. 22. Defendants acknowledged and implied consent to the legal services provided by Capozzi by remitting one small partial payment to Capozzi. 4 23. Defendants had a duty under the terms of the Fee Agreement to remit payment pursuant to each of the monthly invoices. 24. Defendants defaulted on their obligation under the Fee Agreement by failing to make payment when due. 25. The rates and prices charged as set forth in the Account Invoices and the Fee Agreement are the fair and reasonable charges for the legal services rendered, are the customary charges of Capozzi in similar cases, and are the charges that Defendants agreed to pay for the legal services. The Legal Services Performed Under the Legal Representation Agreement 26. Capozzi provided to Defendants monthly Invoices for the legal services provided and fees and costs associated with the "Appeal of Non - Renewal of Personal Care Home" (Matter #673 -12). True and correct copies of the Account Invoices associated with this matter are attached hereto and incorporated herein as Exhibit "B." 27. The total amount of unpaid Account Invoices for the matters and during the periods referenced above is $15,722.87. 28. The total amount due and owing to Capozzi from Defendants is $15,722.87, plus interest at the contract rate of 1.5 % per month and costs of collection. Breach of the Fee Agreement 29. Capozzi performed all requested legal services for Defendants under the terms of the Fee Agreement. 30. All of the legal services included in the Account Invoices were billed at the hourly rates agreed to as described in the Fee Agreement. 31. Capozzi presented its claims for payments on a monthly basis to Defendants 5 pursuant to the terms of the Fee Agreement. 32. On numerous occasions Capozzi contacted Defendants for payment of the unpaid Account Invoices. 33. Defendants did not dispute any of the monthly Account Invoices. 34. Defendants defaulted on their obligation under the Fee Agreement by failing to make payment when due. 35. To date, Defendants failed and refused to pay Capozzi all billed amounts at its usual rates as provided under the Fee Agreement. 36. Defendants' failure to cure their default with Capozzi constitutes a breach of the Fee Agreement. Damages 37. Defendants' account is in arrears in the principal amount of $15,722.87, plus $764.32 in unpaid interest to date, interest from date of judgment until Defendants' obligation is satisfied, costs of collection, reasonable attorney's fees, and court costs. 38. Capozzi has been financially damaged in the amount of $16,965.19 by Defendants' failure to pay for the legal services rendered by Capozzi. 39. Defendants' obligation under the Fee Agreement has not been released, transferred, or assigned by Capozzi or by Defendants. 40. Judgment has not been entered against Defendants in any jurisdiction. 41. This judgment is being entered in connection with a commercial transaction, and is not being entered by confession against a natural person in connection with a consumer credit transaction. 42. To date, Defendants have not cured the default. 6 43. Capozzi provided to Defendants monthly invoices for the legal services provided and fees and costs incurred. 44. The total amount due to date under the Fee Agreement is $16,965.19, plus interest from date of judgment until Defendants' obligation is satisfied, costs of collection, reasonable attorney's fees, and court costs. WHEREFORE, Capozzi confesses judgment against Defendants in the principal amount of $15,722.87, plus $764.32 in unpaid interest to date, reasonable attorney's fees in the amount of $478.00, post judgment interest, costs of collection, and court costs. Respectfully submitted, CAPOZZI ADLER, P.C. Date: By `�' �--- -- Marc A. Crum, Esquir Attney LD. No.: 91273 Ca�pozzi Adler, P.C. t . Box 5866 - rrisburg, PA 17110 (717) 233 -4101 Attorney for Plaintiff 7 CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: ARM ,+ND N. ZANGARDI, III A/K/A AJ ZANGARDI and PMPZ, INC. d /b /a SANDERSON MANOR, Defendants Confession of Judgment for Money VERIFICATION I, Andrew R. Eisemann, Esquire, do hereby verify that the facts made in the foregoing Complaint in Confession of Judgment for Money are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to authorities. Date: ` a Andrew em squire torney D. No.: 1 Managin Pa Capozzi Adler, P.C. P.O. Box 5866 Harrisburg, PA 17110 (717) 233 -4101 Attorneys for Plaintiff Louis J. Capozzi, Jr., Esquire* �,'�` �� 1200 Camp Hill Bypass Daniel K. Natirboff, Esquire Camp Hill, PA 17011 .Donald R. Reavey, Esquire Capoz :>i & Associates, P.C. Craig I. Adler, Esquire ** ttOYn at Law �.; Y" * Mailing Address: P.O. Box 5866 Andrew R. Eisemann, Esquire t. Harrisburg, PA 171 10 Bruce G. Baron, Esquire � ;;S� Dawn L. Richards, Esquire 11 =� Telephone: (717) 233 -4101 Matthew A. Thomsen, Esquire Brandon S. Williams, Esquire ' Facsimile: (717) 233 4103 Paul R. Van Fleet, Esquire www_cm Timothy Ziegler Sr. Reimb. Analyst Erin E. Motter, Jr. Reimb Analyst Mid -Penn Abstract Company Karen L. Fisher, Paralegal Charter Settlement Company Keyoung J. Gill, Paralegal Telephone: (717) 234 -3289 Gwenn M. Keene, Paralegal Facsimile: (717) 234 -1670 *(Licensed in PA, NJ and MD) October 25 2012 * *(Licensed in PA and NJ) AJ Zangardi Sanderson Manor 1530 Sanderson Avenue Scranton, PA 1.8509 Re: Letter of Representation Our Matter Number: TBD Dear Mr. Zangardi: . Our rules of professional ethics require us to set forth our fee arrangement in writing at the commencement of a professional relationship. This letter will describe the scope of services to be provided, the basis for determining the fees for those services and our general terms and conditions for billing. Scone of Representation The legal services to be provided by Capozzi & Associates, P.C. to Sanderson Manor are in connection with the pending appeal of the determination not to renew Sanderson Manor's Personal Care Home License. In addition to the representation described above, you may from time to time ask us to perform additional legal work or undertake your representation in other matters. This letter constitutes your authorization for our Firm to perform the additional legal work or represent you in other matters. We customarily assign the responsibility of coordinating all aspects of our representation of a particular client to one attorney designated the "client. coordinator ". All work requests are channeled through that professional, who is then responsible for coordinating all work assignments. Of course, we encourage direct communication with the individual attorney(s) working on a particular project. The client coordinator also is responsible for billing and responding to all questions relating to client fees and our representation. Bruce G. Baron, Esquire will be performing the'role of client coordinator for you. EXHIBIT Basis for Determining Fees Fees. Fees and costs will be billed to you for this matter on an hourly basis. Each attorney and professional staff member in our office prepares accurate and daily time records for each.file on which they work. Hourly rates are determined periodically by our office, generally each year, and will vary according to the attorney who provides the services and the type of services requested. A schedule of current hourly rates in effect for our attorneys and professional staff members are enclosed with this letter. There is a minimum charge of three- tenths of an hour for phone communications, five- tenths of an hour for review of pleadings, correspondence, or other legal documents, and two hours for the preparation of pleadings and discovery requests and responses. Travel time is from portal to portal. Should the scope of services to be provided be changed or enlarged beyond those described in this letter, we reserve the right to amend or supplement this letter and the fees charged for the change or increase in the scope of services. We bring a team approach to our work product which is designed to provide economically efficient and effective representation by matching the hourly rates and experience of our attorneys to the professional requirements of a particular matter. Where appropriate, we attempt to utilize paralegals for more routine and repetitive matters with the goal of reducing the overall cost without sacrificing any quality in the product. Billing Terms and Conditions Periodic Invoices. Our firm sends periodic invoices, usually monthly, detailing services rendered during the last billing period plus costs and fees which were advanced on your behalf, such as filing fees, outside reproduction, express mail fees, computerized research costs, any expert or consultant fees incurred on your behalf and travel expenses. There is no charge for in -house photocopying, telephone, telecopier (fax), and postage. Invoices are due upon receipt and must be paid within thirty (30) days unless other acceptable arrangements are made in advance. We reserve the right to charge interest at 1 '' /2% per month for any invoices not paid within sixty (60) days of the date of the invoice. In addition, should it be necessary for us to take legal action to collect any overdue invoices, you will also be responsible for any and all costs of collection including, without limitation, reasonable attorney's fees and expenses. Such reasonable attorney's fees shall include time spent by attorneys employed by this Firm at their usual hourly rates. In addition, the Parties agree that venue, in the event legal action is necessary, is proper in Cumberland County. In connection with collection of a judgment, settlement or other disposition of a case on your behalf, the Firm is authorized to receive and endorse for deposit to our escrow account any checks, drafts, money orders or other forms of payment whether or not made payable to the Firm, and to disburse the proceeds, including attorney's fees and costs, in accordance with the terms of this letter. It is specifically agreed that the proceeds may be applied to any past due account even if the past due account has no relationship to the matter for which the proceeds were collected. Retainer. A retainer in the amount of $5,000 is required for this engagement. Credit Hold. Should any invoice for fees and costs remain unpaid for a period in excess of sixty (60) days, consistent with our responsibilities under the Rules of Professional Conduct, we reserve the right to temporarily cease work on this engagement until such overdue fees and costs are paid in full or, if our invoices remain unpaid despite efforts at collecting the same, we reserve the right to terminate the representation. Reproduction of Complete File. In the event that you request a complete copy of your file or your file in its entirety, it is understood that you will pay a copy charge of .10 cents per copy and all time spent by our staff and attorneys, at their usual hourly rates, for gathering the file and insuring the requested copy is complete. The above paragraph is applicable even if you request your original file because we must keep a copy for our records. Disputed Billing. It is imperative, under the terms of this agreement, that you notify us in writing of any disputed billing within 15 days of your receipt of a bill. If we do not receive written notice within 15 days, the Parties agree that the amount of the bill can no longer be disputed and that said amount is due and owing. UCC Lien. For value received for undisputed legal services, as described above, and after default of this Fee Agreement in excess of 60 days, intending to be legally bound hereby, you hereby grant and assign and you agree that Capozzi & Associates, P.C. shall have, and there is hereby created in favor of Capozzi & Associates, P.C., a security interest in your tangible and intangible personal property, now or hereafter in existence, including the proceeds thereof and the increases, substitutions, replacements, additions, and accessions thereto, hereinafter referred to collectively as the "Collateral," to secure that certain obligation of you owed to Capozzi & Associates, P.C. after the declaration of Default of this Fee Agreement. In addition to all rights and remedies given to Capozzi & Associates, P.C. by this Security Agreement, Capozzi & Associates, P.C. shall have all the rights and remedies of a secured party under the Pennsylvania Uniform Commercial Code. I authorize Capozzi & Associates, P.C. to file a financing statement covering the Collateral. CONFESSION OF JUDGMENT. THE UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OF AMERICA OR ELSEWHERE TO APPEAR FOR THE UNDERSIGNED AND,, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF ANY HOLDER HEREOF, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, AS HEREINABOVE DEFINED, FOR THE UNPAID BALANCE OF UNDISPUTED LEGAL FEES, AS DESCRIBED ABOVE, TOGETHER WITH UNPAID INTEREST THEREON, COSTS OF SUIT AND ATTORNEY'S FEES, AS DESCRIBED ABOVE, ON WHICH JUDGMENT ONE OR MORE EXECUTIONS MAY ISSUE FORTHWITH. THE UNDERSIGNED HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS, WAIVES STAY OF EXECUTION, AND WAIVES ALL EXEMPTIONS FROM LEVY AND SALE OF ANY PROPERTY THAT NOW ARE OR HEREAFTER MAY BE APPLICABLE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE POWER SI-IALI, CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT UNTIL SUCH "TIME AS THE HOLDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST, AT'TORNEY'S FEES AND COSTS. INTEREST ON THE OBLIGATION EVIDENCED HEREBY SHALL CONTINUE TO ACCRUE AT THE ABOVE - STATED RATE AFTER THE ENTRY OF JUDGMENT HEREON. THE UNDERSIGNED HEREBY WAIVES ITS RIGHTS TO NOTICE, AND A HEARING CONCERNING THE VALIDITY OF THE HOLDER'S CLAIMS HEREUNDER AND AGREES AND CONSENTS TO JUDGMENT BEING ENTERED BY CONFESSION IN ACCORDANCE WITH THE TERMS HEREOF AND EXECUTION BEING LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE UNDERSIGNED, IN EACH CASE WITHOUT FIRST BEING GIVEN NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON WHICH SUCH JUDGMENT IS ENTERED. Attorney's Lien. As provided by Pennsylvania law, we will retain an attorney's lien for payment on all files and other documents and materials collected or generated by this firm in the course of this representation, and reserve the right to retain those files and other materials until paid in full. If, at any time during the course of our professional relationship, you have any questions regarding our services or our fees, please raise them with me. We strongly encourage open and frank discussions about our work product and fees. We find that good communication enhances our professional relationship with our clients and facilitates our ability to address effectively and economically the legal challenges facing them. If these terms are acceptable to you, please sign this letter and return it to us, along with the retainer, in the enclosed self - addressed, stamped envelope. The enclosed copy of this letter is for your records. We will not be able to commence work on this matter until we receive your signed acceptance of the conditions of this agreement and retainer. We thank you for the opportunity to perform Legal services for you and we look forward to working with you. Sincerely, - •' �L:A. �,r ' t 2 , i N Louis : Capozzi',:,Jr., ts LJC /cam Enclosure cc: Bruce G. Baron, Esquire Accepted and Agreed to: By AJ ,ang i Sanderson Manor Date: 6 CAPOZZI & ASSOCIATES, P. C. 2012 Hourly Rates for Attorneys and Professional Staff Members Louis J. Capozzi, Jr. Esquire $275 Daniel K. Natirboff, Esquire $275 Donald R.- Reavey, Esquire $275 Craig I. Adler, Esquire $275 Bruce G. Baron, Esquire $250 Andrew R. Eisemann, Esquire $210 Andrew R. E,isemann, Esquire $185 (Collection Matters) Dawn L. Richards, Esquire $200 Marc A. Crum, Esquire $175 Matthew A. Thomsen $175 Brandon S. Williams $195 Brandon S. Williams $175 (Collection Matters) Paul R. Van Fleet $175 Timothy T. Ziegler, Reimbursement Analyst $220 Erin Motter, Analyst $150 Law Clerks $ 90 Paralegals $ 90 Capozzi Adler, P.C. P. O. Box 5866 Harrisburg, PA 17110 Telephone: (717)23')-4101 Fax: 717- 233 -4103 A J Zangardi As at Oct 10, 2013 Sanderson Manor 1530 Sanderson Avenue Scranton, PA 18509 REMINDER NOTICE Bill Date Matter # Inv # Billed Int Due Paid Due Aging Feb -13-13 673 -12 69324 910.00 77.42 523.00 464.42 > 120 days Mar -14 -13 673 -12 69880 4,525.62 334.77 0.00 4,860.39 > 120 days Apr -16 -13 673 -12 70430 3,250.30 187.54 0.00 3,437.84 > 120 days May -17 -13 673 -12 70938 1,062.69 45.07 0.00 1,107.76 > 120 days Jun -14 -13 673 -12 71504 3,994.76 114.26 0.00 4,109.02 < =120 days Jul -19 -13 673 -12 71963 463.50 5.26 0.00 468.76 < =90 days Aug -15 -13 673 -12 72583 192.50 0.00 0.00 192.50 < =60 days Sep -16 -13 673 -12 73106 82.50 0.00 0.00 82.50 < =30 days Oct -10 -13 673 -12 73234 1,764.00 0.00 0.00 1,764.00 < =30 days Totals $16,245.87 $764.32 $523.00 $16,487.19 Balance Due and Owing $1.6,487.19 Your account is past due. If you require copies of any of the invoices listed above, please call our Billing Department. Your prompt attention to these past -due invoices would be greatly appreciated. If payment has already been sent, please disregard this notice. EXHIBIT /3 Capgz# ler P.C. Harrisburg, PA 17110 Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821 A J Zangardi February 13, 2013 Sanderson Manor 1530 Sanderson Avenue Scranton, PA 18509 File JI: 673 -12 Inv #: 69324 RE: Appeal of Non- Renewal of Personal Care Home DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Jan -03 -13 Communicate wihtAJ Zangardi re status; 0.10 27.50 BGB communicate with DPW Counsel re same Jan -04 -13 Communicate with DPW Counsel re status of 0.50 137.50 BGB Settlement Agreement and Stay of Ban on Admissions, with copy and note to client Jan -09 -13 Communicate with DPW Counsel on status of 0.10 25.00 BGB Settlement Agreement; communicate with A.1 Zangardi re same Jan -16 -13 Communicate with AJ Zangardi and telephone 0.30 82.50 BGB call from DPW Counsel on status of Settlement Agreement Jan -17 -13 Communicate with AJ Zangardi re status of 0.30 82.50 BGB Settlement Agreement; review Hearing Notice and deadlines with DPW Jan -18 -13 Communicate with DPW Counsel re status of 0.30 82.50 BGB Settlement Agreement Jan -19 -13 Strategy and status conference with Bruce 0.10 23.50 ARE Baron re negotiations with Counsel for DPW and preparations for March Hearing Jan -22 -13 Communicate with DPW Counsel re status of 0.10 27.50 BGB Settlement Agreement, with copies to client Invoice #: 69324 Page 2 February 13, 2013 Jan -23 -13 Receipt and review of Hearing Scheduling 0.10 9.00 KF Order Jan -24 -1 3 Communicate with AJ Zangardi re status of 0. 10 27.50 BGB Settlement Agreement from DPW Counsel Jan -25 -13 Communicate with DPW Counsel re status of 0.60 165.00 BGB Settlement Agreement; communicate with AJ Zangardi re same; communicate with AJ Zangardi re relocation of Nanticoke Villa residents to Sanderson; telephone call to same re same; communicate with DPW Counsel re same Jan -29 -13 Communicate with DPW Counsel re form of 0.50 137.50 BGB their offer on Settlement; communicate with AJ Zangardi re same .Ian -30 -13 Communicate with AJ Zangardi re next steps 0.30 82.50 BGB in negotiations with DPW about Settlement Totals 3.40 $910.00 Total Fees & Disbursements $910.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CapgZ#B d 866, PC Harrisburg, PA 17110 Ph:(717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821 A J Zangardi March 14, 201 Sanderson Manor ] 530 Sanderson Avenue Scranton, PA 18509 File 4: 673 -12 Inv #: 69880 RE: Appeal of Non - Renewal of Personal Care Home DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Feb -] 1 -13 Communicate with AJ Zangardi re closing of 0.10 27.50 BGB another SSI PCH; communicate with DPW Counsel re same and whether DPW Settlement position can be reconsidered per same Feb -14 -13 Communicate with AJ Zangardi re possible 1.00 275.00 BGB litigation against DPW related to harassment; review cases and research on after effectives; communicate with AJ Zangardi re same Feb -16 -13 Strategy and status conference with Bruce 0.10 23.50 ARE Baron re preparations for March Hearing and facility problems Feb -18 -13 Communicate with AJ Zangardi re preparing 0.30 82.50 BGB for Hearing; research for same Feb -19 -13 Communicate with DPW Counsel with revised 1.00 275.00 BGB form of 180 -day sale Settlement; communicate with AJ Zangardi with copy of same; communicate with AJ Zangardi re issues involved in preparation for Hearing and time lines for sarne; review license history of facility Feb- 21-13 Communicate with DPW Counsel with bcc to 1.00 275.00 BGB AJ Zangardi re whether further Settlement is possible to avoid Hearing; communicate with AJ Zangardi re same; communicate with DPW Invoice #: 69880 Page 2 March 14, 2013 Counsel with copy of related Settlement Agreement DPW agreed to this year as model for this case Receipt and review of e -mail to and from 0.10 9.00 KF Attorney Wiest regarding Settlement of appeal Feb -22 -13 Communicate with AJ Zangardi re ALJ 0.10 27.50 BGB assigned to Hearing Feb -25 -13 Communicate with DPW Counsel re 2.50 687.50 BGB information on prior cases in which full licenses were received after changes in legal entity; communicate with AJ Zangardi re same and prepare for hearing; research on prior license fees per same; prepare Witness List and Exhibit List for hearing; office conference with Karen fisher re filing of same Draft Witness and Exhibit List and exhibits for 2.10. 189.00 KF filing Feb -26 -13 Communicate with AJ Zangardi re preparation 3.00 825.00 BGB of Hearing; communicate with DPW Counsel re same with DPW list of witnesses and exhibits, with copies to Karen Fisher and AJ Zangardi; research for Hearing Continue preparation of exhibits for 2.90 261.00 KF submission to BHA; file and serve exhibit and witness lists; prepare exhibits and documents for Hearing Feb -27 -13 Communicate with AJ Zangardi re prepare for 0.50 137.50 BGB Hearing Continue Hearing preparations 1.20 108.00 KF Feb -28 -13 Conference call with client to prepare for 4.00 1,100.00 BGB Hearing; review of DPW Exhibits to prepare for Hearing; office conference with Karen Fisher re preparation of amended Exhibit List for Hearing; sign same; review of faxes from client with more exhibits for Hearing Continue preparation of exhibits for Hearing; 2.1.0 ' 189.00 KF office conference with Bruce Baron regarding additional exhibits for Hearing; draft amended exhibit list and prepare exhibits for filing; file and serve Amended Exhibit List Invoice #: 69880 Page 3 March 14, 2013 Totals 22.00 $4,492.00 DISBURSEMENTS Disbursements Receipts Feb -28 -13 Research 33.62 Totals $33.62 $0.00 Total Fees & Disbursements $4,525.62 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capgz# Ad 866, P. C. Harrisburg, PA 17110 Ph: (717) 233 -4101 Fax: (717) 233 -41.03 EIN #: 23-2911821 A J Zangardi April 16, 2013 Sanderson Manor 1530 Sanderson Avenue Scranton, PA 18509 File #: 673 -12 Inv #: 70430 RE: Appeal of Non - Renewal of Personal Care Home DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Mar -01 -13 Communicate with AJ Zangardi re preparing 2.00 550.00 BGB for 1- fearing and possible additional exhibits for same; office conference with Karen Fisher re preparation of exhibits for Hearing Continue preparation of exhibits and materials 1.80 162.00 KF for Hearing Mar -04 -13 Hearing in Plymouth and travel to and from 8.00 2,200.00 BGB same Mar -25 -13 Communicate with AJ Zangardi re status of 0.30 82.50 BGB case and need for his payment of charges for copy of transcript to prepare Post - Hearing Brief; office conference with Christina Mahady re status of retainer account for same Receipt and review of e -mail from Bruce 0.10 9.00 KF Baron regarding hearing transcript Mar -30 -13 Review status and pending actions re March 4, 0.10 23.50 ARE 2013 Hearing and pending Post - Hearing Brief in Support of Appeal Totals 12.30 $3,027.00 DISBURSEMENTS Disbursements Receipts Invoice 4: 70430 Page 2 April 16, 2013 Mar- 29 -1.3 3/04/13 - Travel Expenses - BGB 125.43 2/27 - Courier Charge to Megan Weist, Esquire 36.63 3/01 - Courier Charge to Bureau of Hearings 24.61 and Appeals 2/27 - Courier Charge to DPW 36.63 Totals $223.30 $0.00 Total Fees & Disbursements $3,250.30 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capgz# Ao 4866, P C. Harrisburg, PA 17110 Ph: (71.7) 233 -4101 Fax:(717) 233 -4103 E1N 11: 23- 2911821 A J Zangardi May 17, 2013 Sanderson Manor 1530 Sanderson Avenue Scranton, PA 18509 File #: 673 -12 Inv 9: 70938 RE: Appeal of Non - Renewal of Personal Care Home DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Apr -02 -13 Communicate with AJ Zangardi re status of 0.10 27.50 BGB transcript Apr -04 -13 Communicate with AJ Zangardi and court 1.00 275.00 BGB reporter re copy of transcript; communicate with Karen Fisher re printing of same; telephone call from court reporter re same; review of same Receipt, review and file March 4, 2013 0.40 36.00 KF Hearing transcript from court reporter Apr -05 -13 Communicate with AJ Zangardi re briefing 0.10 27.50 BGB schedule Apr -] 0 -13 Communicate with AJ Zangardi re current 0.10 27.50 BGB status of facility and use of Department of Public Welfare Annual Report in Post - Hearing Brief Apr -19 -13 Research for Post - Hearing Brief 1.00 275.00 BGB Apr -20 -13 Review status and pending actions re 0.10 23.50 ARE Post- Hearing Brief in support of appeal and transcript of Hearing Apr -22 -13 Notes for Post - Hearing Brief; review letter 1.00 275.00 BGB from Bureau of Hearings and Appeals Invoice #: 70938 Page 2 May 17, 2013 establishing May 20, 2013 deadline for Brief, communicate with A.I Zangardi re same Apr -26 -13 Receipt and review of Order scheduling date 0.20 1.8.00 KF for filing of Post Hearing Briefs; calendar same; receipt and review of communication to client regarding same Totals 4.00 $985.00 DISBURSEMENTS Disbursements Receipts Apr -30 -13 Investigation Fees 0.90 Research 76.79 Totals $77.69 $0.00 Total Fees & Disbursements $1,062.69 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capgz# d 866, PC Harrisburg, PA 17110 Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821 A J Zangardi June 14, 2013 Sanderson Manor 1530 Sanderson Avenue Scranton, PA 18509 File #: 673 -12 Inv #: 71504 RE: Appeal of Non - Renewal of Personal Care I ome DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER May- 01 -1.3 Research of Post - Hearing Brief 0.10 27.50 BGB May -03 -13 Draft Post- Hearing Brief; communicate with 10.00 2,750.00 BGB AJ Zangardi and Karen Fisher with copies for review; research for same May -06 -13 Revise draft Yost- Hcaring Brief, office 2.00 550.00 BGB conference with Karen Fisher re preparation of Table of Contents and Cites for same; communicate with AJ Zangardi re same; research for same Draft Cover, Table of Contents and Table of 1.30 117.00 KF Cases for Appellant's Post - Hearing Brief May -07 -13 Communicate with Aj Zangardi on status of 0.50 137.50 BGB Department of Public Welfare Post - Hearing Brief; revise same and office conference with Karen Fisher re filing same May -08 -13 File and serve Appellant's Post- Hearing 0.30 27.00 KF May- 20 -1.3 Communicate with Department of Public 0.30 82.50 BGB Welfare Counsel with Department of Public Welfare Brief, with copy to AJ Zangardi; communicate with AJ Zangardi re same and re Department of Public Welfare annual inspection at facility Invoice #: 71504 Page 2 June 14, 2013 May -28 -13 Receipt and review of the Department of 0.10 9.00 KF Public Welfare Brief Totals 14.60 $3,700.50 DISBURSEMENTS Disbursements Receipts May -08 -13 Courier 15.00 May -09 -13 Courier 15.00 May -31 -13 Research 264.26 Totals $294.26 $0.00 Total Fees & Disbursements $3,994.76 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capgz# d 866, PC Harrisburg, PA 17110 Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN 11: 23- 2911821 A J Zangardi July 19, 2013 Sanderson Manor 1530 Sanderson Avenue Scranton, PA 18509 File #: 673 -1.2 Inv #: 71963 RE: Appeal of Non - Renewal of Personal Care Tome DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER .Tun -10 -13 Communicate with AJ Zangardi re Department 0.10 27.50 BGB of Public Welfare annual inspection, contingency plan and timing for decision in case Jun -23 -13 Strategy and status conference with Bruce 0.10 23.50 ARE Baron re Department of Public Welfare Brief, surveys and pending decision Jun -25 -13 Communicate with AJ Zangardi re status of 0.50 13 7.5 0 BGB Appeal; communicate with Department of Public Welfare Counsel re possibility of Settlement in light of recent survey results, with copies to AJ Zangardi Jun -28 -13 Communicate with AJ Zangardi re dealing 1.00 275.00 BGB with Shut Off Notices from Utilities and rules for notifying Department of Public Welfare of same; fax from same with copies of Notices; review of same Totals 1.70 $463.50 Invoice 4: 71.963 Page 2 July 19, 2013 Total Fees & Disbursements $463.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capgz# Ad 866, P. C. Harrisburg, PA 17110 Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN 4: 23- 2911821 A J Zangardi August 15, 2013 Sanderson Manor 1530 Sanderson Avenue Scranton, PA 18509 File #: 673 -12 Inv #: 72583 RE: Appeal of Non - Renewal of Personal Care Home DATE DESCRIPTION HOURS AMOUNT "TIMEKEEPER Jul -02 -13 Communicate with AJ Zangardi re status of 0.10 27.50 BGB Bureau of Hearings and Appeals decision in matter Jul -17 -13 Communicate with AJ Zangardi re status of 0.30 82.50 BGB appeal; communicate with Department of Public Welfare Counsel re status of possible Settlement of same, with copy to client Jul- 1.8 -1.3 Communicate with Department of Public 0.30 82.50 BGB Welfare Counsel re Settlement; communicate with AJ Zangardi re same with copies of recent survey reports; review of same "Totals 0.70 $192.50 Total Fees & Disbursements 5192.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capgz�i B d 866 PC Harrisburg, PA 17110 Ph: (717) 233 -4 101 Fax:(717) 233 -4103 EIN 11: 23- 2911821 A J Zangardi September 16, 2013 Sanderson Manor 1530 Sanderson Avenue Scranton, PA 18509 File #: 673 -12 Inv 11: 73106 RE: Appeal of Non - Renewal of Personal Care Home DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Aug -22 -13 Communicate with AJ Zangardi re status of 0.10 27.50 BGB BHA Appeal decision and possible follow up re same in light of it being unissued after more than 90 days Aug -23 -13 Communicate with Department of Public 0.10 27.50 BGB Welfare Counsel re status of BHA decision and her checking with Bureau of Hearings and Appeals on same, with copies to client Aug - 30 - 13 Communicate with AJ Zangardi re status of 0.10 27.50 BGB Bureau of Hearings and Appeals decision Totals 0.30 $82.50 Total Fees & Disbursements 582.50 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You Capoz�i A 866, P.C. Harrisburg, PA 17110 Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN 4: 23- 2911821 A J Zangardi October 10, 2013 Sanderson Manor 1.530 Sanderson Avenue Scranton, PA 18509 File #: 673 -12 Inv #: 73234 RE: Appeal of Non - Renewal of Personal Care Home DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER Sep -10 -13 Communicate with AJ Zangardi on status of 0.30 82.50 BG13 Bureau of Hearings and Appeals Decision; communicate with Department of Public Welfare Counsel on same; prepare fax to Bureau of Hearings and Appeals Regional Manager on same, with e -mail copies to Department of Public Welfare Counsel and AJ Zangardi Receipt and review of e -mail to Attorney Weist 0.10 9.00 KF regarding status of Decision by Administrative Law Judge; transmit request for status to Bureau of Hearings and Appeals Sep -13 -13 Communicate with AJ Zangardi re status of 0.10 27.50 BGB Bureau of Hearings and Appeals Adjudication Sep -16 -13 Communicate with AJ Zangardi re status of 0.30 82.50 BGB BHA Adjudication and possible filing of action in Commonwealth Court to lift ban on Admissions due to Due Process delays; communicate with Department of Public Welfare Counsel re same Sep -18 -13 Communicate with Department of Public 0.30 82.50 BGB Welfare Counsel re Supersedeas; communicate with AJ Zangardi re same File and serve Emergency Motion for 0.20 18.00 KF Invoice #: 73234 Page 2 October 10, 2013 Emergency Hearing and Supersedeas of Ban on Admissions Pending Long Delayed Adjudication on the Merits Sep- 1.9 -1.3 Communicate with AJ Zangardi re Department 0.10 27.50 BGB of Public Welfare on site inspection Sep -25 -13 Communicate with AJ Zangardi re status of 0. 10 27.50 BGB Supersedeas Motion Sep -26 -13 Review Bureau of Hearings and Appeals Final 0.30 82.50 BGB Order denying appeal and denying Supersedeas Motion as Moot; communicate with AJ Zangardi re same; telephone call from AJ Zangardi re same Sep -27 -13 Strategy and status conference with Bruce 0.10 23.50 ARE Baron re denial of Appeal and possibility of reconsideration based on admission of evidence Communicate with AJ Zangardi re Bureau of 1.00 275.00 BGB Hearings and Appeals decision and next steps in appeal and possible sale of facility to prevent relocation of residents Oct- 01' -13 Prepare Petition for Review from Bureau of 3.00 825.00 BGB Hearings and Appeals decision; prepare Supersedeas application to Bureau of IIearings and Appeals; e -mail to Department of Public Welfare Counsel re Supersedeas issue pending sale of facility; communicate with AJ Zangardi re status of same; office conference with Karen Fisher re filing of same File and serve Petition for Review 0.30 27.00 KF Oct -02 -13 File and serve Emergency Motion for 0.20 18.00 KF Emergency Hearing Oct -04 -13 Communicate with Department of Public 0.30 82.50 13GB Welfare Counsel on next steps with Supersedeas Motion Totals 6.70 $1,690.50 DISBURSEMENTS Disbursements Receipts Oct -01 -13 File Petition for Review 73.50 In� #: 73234 Page 3 October 10, 2013 Totals $73.50 $0.00 Total Fees & Disbursements $1,764.00 Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon must be submitted in writing within 15 days of receipt. Please put Invoice Number on your check, Thank You CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: ARMAND N. ZANGARDI, III a/k/a AJ ZANGARDI and PMPZ, INC. d /b /a SANDERSON MANOR, Defendants Confession of Judgment for Money CERTIFICATE OF RESIDENCE UNDER RULE 2951 I do hereby certify that the precise residence and complete post office address of the Plaintiff, Capozzi Adler, P.C., is 1200 Camp Hill Bypass, Suite 205, Camp Hill, Cumberland County, Pennsylvania 17011 - Mailing Address: P.O. Box 5866, Harrisburg, Dauphin County, Pennsylvania 17110. I do hereby certify that the complete post office addresses of the Defendants are: PMPZ, INC. d /b /a Sanderson Manor ,. a 1530 Sanderson Avenue w Scranton, PA 18509 =M � Armand N. Zangardi, III co 313 W. Elm Streeter - Dunmore, PA 18512 CD ro r Date: Mar 'um s441re- , At rney I.D. No.: 91273 pozzi Adler, P.C. .O. Box 5866 Harrisburg, PA 17110 (717) 233 -4101 Attorney for Plaintiff CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 1 3411 v. Docket No.: J C C -� ARMAND N. ZANGARDI, III A/K/A AJ ro © T--4 = ZANGARDI and �' Y ' ' PMPZ, INC. d /b /a SANDERSON MANOR, c y Defendants Confession of Judgment for Money -v I�? NOTICE UNDER PA.R.C.P RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: PMPZ, Inc. d /b /a Sanderson Manor, Defendants: A judgment in the amount of $16,965.19, plus post judgment interest, attorneys' fees and costs of suit, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 -249 -3166 Date: Marc Crum, Esquir Attor ey I.D. No.: 91273 Ca ozzi Adler, P.C. P.O. Box 5866 Harrisburg, PA 17110 (717) 233 -4101 Attorneys for Plaintiff CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: ARMAND N. ZANGARDI, III A /K/A AJ ZANGARDI and PMPZ, INC. d /b /a SANDERSON MANOR,p Defendants Confession of Judgment for Money - a �_ NOTICE UNDER PA.R.C.P RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Armand N. Zangardi, III, Defendant: A judgment in the amount of $16,965.19, plus post judgment interest, attorneys' fees and costs of suit, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 Date: Marc A. rum, Esquire Attor y I.D. No.: 91273 Cap zzi Adler, P.C. P. . Box 5866 Harrisburg, PA 17110 (717) 233 -4101 Attorneys for Plaintiff CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: `� t �� 1 ARMAND N. ZANGARDI, III a/k/a AJ ZANGARDI and PMPZ, INC. d /b /a SANDERSON MANOR, Defendants Confession of Judgment for Money RULE 236 NOTICE OF ENTRY OF JUDGMENT NOTICE OF DEBTOR'S RIGHTS TO: PMPZ, INC. d /b /a Sanderson Manor, Defenda + nt� i You are hereby notified that on 1 b O , judgment by confession was entered against you in the sum of $16,965.]9, plus post judgment interest a d costs of suit. Date: g 3 $ ' Pr 177 _. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 1 hereby certify that the following is the address of the Defendant PMPZ, Inc. d/b /a Sanderson Manor stated in the certificate of residence: 1530 Sanderson Avenue, Scranton, PA 18509. Date: 1S yAttoney m, Esquir� . No.: 91273 ler, P.C. .O. Box 5866 arrisburg, PA 17110 (717) 233 -4101 Attorney for Plaintiff 9 CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 2 / 131 V. Docket No.: , J (JL ��� ARMAND N. ZANGARDI, III a/k/a AJ ZANGARDI and PMPZ, INC. d /b /a SANDERSON MANOR, Defendants Confession of Judgment for Money RULE 236 NOTICE OF ENTRY OF JUDGMENT NOTICE OF DEBTOR'S RIGHTS TO: Armand N. Zangardi, III, Defendant You are hereby notified that on A ' �) ,5 , judgm by confession was entered against you in the sum of $16,965. plus t-iigq>nt interet costs of suit. O Date: �� ' • Prothoii t ry YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 I hereby certify that the following is the address of the Defendants Armand N. Zangardi, III a/k/a AJ Zangardi stated in the certificate of residence: 313 W. Elrn treet, Dunmore, PA 18512. Date: Marc . Esqui e Atto ney I.D. No.: 91273 Ca ozzi Adler, P.C. P. Box 5866 Harrisburg, PA 17110 (717) 233 -4101 Attorney for Plaintiff 8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff CIF 'CHE PROTHOJNOTAit' Jody S Smith V1t1�x�+a sit t�,{��� Chief Deputy 2013 � 4: Q2 Richard W Stewart CUMBERLAND COUNTY Solicitor OFF ICE OF THE SHERIFF PENNSYLVANIA Capozzi Adler, P.C. f/k/a Capozzi &Associates, P.C. Case Number vs. PMPZ, Inc. d/b/a Sanderson Manor(et al.) 2013-6131 SHERIFF'S RETURN OF SERVICE 10/21/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: PMPZ, Inc. d/b/a Sanderson Manor, but was unable to locate the Defendant in the Sheriff's bailiwick. The Sheriff therefore deputizes the Sheriff of Lackawanna, Pennsylvania to serve the within Complaint in Confession of Judgment according to law. 10/21/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Armand N Zangardi, III, but was unable"to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lackawanna, Pennsylvania to serve the within Complaint in Confession of Judgment according to law. 11/12/2013 10:50 AM -The requested Complaint in Confession of Judgment served by the Sheriff of Franklin County uponti .nd_N__Zangardi, Ill, person;41Ly PA 18512.Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. 11/21/2013 10:50 AM -The requested Complaint in Confession of Judgment served by the Sheriff of Lackawanna County upon Armand` Ow6 VM""6'ocepted for PMPZ, Inc.d/b/a Sanderson Manor, at 1530 Sanderson Avenue, Scranton, PA 18509. John Szymanski, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, November 21, 2013 RONI`4Y R ANDERSON, SHERIFF i (c)Countysuite Sheriff,Teleosoft.Inc. SHERIFF' S RETURN - REGULAR CASE NO: 2013-00679 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA CAPOZZI ADLER, P. C. VS PMPZ INC. D//BA ET AL DAVID PASCOLINI Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon PMPZ INC. DBA SANDERSON MANOR the DEFENDANT , at 0010 : 50 AM Hour, on the 12th day of November , 2013 at 1530 SANDERSON AVE. SCRANTON, PA 18509 by handing to ARMAND ZANGARDI, OWNER AT a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof . Sheriff ' s Costs : So Answers : Docketing 00 John Szymanski, eriff Service ��ti i . 00 Affidavit �`y . 00 Surcharge . 00 . 00 Deputy Sheriff . 00 00/00/0000 Sworn and Subscribed to before me this day of A.D. Notary SHERIFF' S RETURN - REGULAR CASE NO: 2013-00679 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA CAPOZZI ADLER, P. C. VS PMPZ INC. D//BA ET AL DAVID PASCOLINI Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon ZANGARDI III ARMAND N. the DEFENDANT , at 0010 : 50 AM Hour, on the 12th day of November , 2013 at 303 W. ELM ST. WEST ELM STREET DUNMORE, PA 18512 by handing to HIM PERSONALLY AT WORKSITE AT 1530 SANDERSON AVE SCRANTON, PA a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof . Sheriff ' s Costs : So Answers : Docketing . 00 John Szymanski, eriff Service . 00 Affidavit . 00 Ra° Surcharge . 00 . 00 Deputy Sheriff . 00 00/00/0000 Sworn and Subscribed to before me this day of A.D. Notary