HomeMy WebLinkAbout14-0644 CAPOZZI ADLER, P.C. f /k/a IN THE COURT OF COMMON PLEAS OF
CAPOZZI & ASSOCIATES, P.C., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff 1, 11- 6 11 14
V. Docket No.: (�(
STEPHEN THOMAS AND
SERENE MANOR, ::�:
-
Defendants Confession of Judgment for Mo ,g;! - n
CONFESSION OF JUDGMENT WHERE ACTION r
r -�,
COMMENCED BY COMPLAINT
Pursuant to the authority contained in the warrant of attorney, the copy of h� ig
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. Billed but unpaid legal services $1,184.71
b. Unpaid interest to date $ 58.42
c. Attorney fees pursuant to Letter of Representation $1,307.99
Total Amount Due $2,551.12
*Plus interest from date of judgment until Defendants' obligation is satisfied, costs of collection,
Attorney's fees, and court costs.
CAPOZZI ADLER, P.C.
Date:.. By;
Marc . Crum, Esquire"
Attor ey I.D. No.: 91273 _
Ca ozzi Adler, P.C.
P.O. Box 5866
Harrisburg, PA 17110 , /� . n
(717) 233 -4101
Attorney for Defendants o27V9V
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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.: / �� r.� C
STEPHEN THOMAS AND
SERENE MANOR, co
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Defendants Confession of Judgment for Moneyp - s+
D C
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY - c
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 Adler "), 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 Serene Manor ( "Serene Manor ") is a Pennsylvania corporation having
a registered office address of 105 Autumnwood Avenue, York, York County, Pennsylvania
17404.
3. Defendant Stephen Thomas is an adult individual with a last known address at
7007 York Road, Abbottstown, Adams County, Pennsylvania 17301.
4. Capozzi Adler is engaged in business as a law firm composed of attorneys
admitted to the bar of the Supreme Court of the Commonwealth of Pennsylvania.
The Legal Representation Agreement
5. In December 2012, Capozzi Adler and Defendants started a professional
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relationship for legal services in connection with a personal care home licensure appeal to the
Pennsylvania Department of Public Welfare. A true and correct copy of a Letter of
Representation ( "Fee Agreement "), dated December 10, 2012, is attached hereto and
incorporated herein as Exhibit "A."
6. The terms of Capozzi Adler'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 that "our firm sends periodic invoices, usually
monthly, detailing services rendered during the last billing period ...."
9. 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' /z% per month for any invoices not paid within sixty (60)
days of the date of the invoice."
10. The section of the Fee Agreement entitled "Disputed Billing" provides, "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."
11. 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,
2
reasonable attorney's fees and expenses."
12. The Fee Agreement authorizes the Confession of Judgment against Defendants for
money due and owing Capozzi Adler 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
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.
13. From the period January 2013 through August 2013, Capozzi Adler provided
legal services to Defendants in accordance with the Fee Agreement on or about the dates set
forth in the Account Invoices. True and correct copies of the Account Invoices are attached
3
hereto and incorporated herein as Exhibit "B."
14. On November 21 and December 17, 2013, Capozzi Adler contacted Defendants to
demand payment on the outstanding balance. A true and correct copy of the demand letter is
attached hereto and incorporated herein as Exhibit "C."
15. At all times relevant hereto, Defendants agreed to pay Capozzi Adler for all legal
services Capozzi Adler would perform.
16. At all times relevant hereto, Capozzi Adler performed legal services for
Defendants pursuant to Defendants' numerous requests.,
17. At all times relevant hereto, the services rendered were done in a professional and
competent manner, with no complaints having been made by Defendants.
18. 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."
19. Defendants never disputed the charges orally or in writing.
20. Defendants had a duty under the terms of the Fee Agreement to remit payment
pursuant to each of the monthly Account Invoices.
21. Defendants defaulted on their obligation under the Fee Agreement by failing to
make payment when due.
22. Defendants defaulted on their obligation under the Fee Agreement by failing to
pay the retainer.
23. 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 Adler in similar cases, and are the charges that Defendants agreed to pay for
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the legal services.
24. The total amount of unpaid Account Invoices during the periods referenced above
is $1,184.71.
25. The total amount due and owing to Capozzi Adler from Defendants is $1,184.71,
plus interest at the contract rate of 1.5 % per month and costs of collection.
Breach of the Fee Agreement
26. Capozzi Adler performed all requested legal services for Defendants under the
terms of the Fee Agreement.
27. All of the legal services included in the Account Invoices were billed at the hourly
rates agreed to as described in the Fee Agreement.
28. Capozzi Adler presented its claims for payments on a monthly basis to Defendants
pursuant to the terms of the Fee Agreement.
29. Defendants did not dispute any of the monthly Account Invoices.
30. Defendants defaulted on their obligation under the Fee Agreement by failing to
make payment when due.
31. To date, Defendants failed and refused to pay Capozzi Adler all billed amounts at
its usual rates as provided under the Fee Agreement.
32. Defendants' failure to cure the default with Capozzi Adler constitutes a breach of
the Fee Agreement.
Damages
33. Defendants' account is in arrears in the amount of $1,184.71, plus interest from
date of judgment until Defendants' obligation is satisfied, costs of collection, and court costs.
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34. Capozzi Adler has been financially damaged in the amount of $1,184.71 by
Defendants' failure to pay for the legal services rendered by Capozzi Adler.
35. Defendants' obligation under the Fee Agreement has not been released,
transferred, or assigned by Capozzi Adler or by Defendants.
36. Judgment has not been entered against Defendants in any jurisdiction.
37. 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.
38. To date, Defendants have not cured the default.
39. Capozzi Adler provided to Defendants monthly invoices for the legal services
provided and fees and costs incurred.
40. The total amount due to date under the Fee Agreement is $1,184.71, plus interest
from date of judgment until Defendants' obligation is satisfied, costs of collection, and court
costs.
WHEREFORE, Capozzi Adler confesses judgment against Defendants in the total sum
of $1,184.71, plus post judgment interest, costs of collection, attorney's fees, and court costs.
Respectfully submitted,
CAPOZZI ADLER, P.C.
R
Date: By:
Marc . Crum, Esquir '
Att ney LD. No.: 91273
C pozzi Adler, P.C.
P.O. Box 5866
Harrisburg, PA 17110
(717) 233 -4101
Attorney for Plaintiff
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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.:
STEPHEN THOMAS AND
SERENE 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:
ndrew R. is , Esquire
Attorney I.D. o.: 7441
Managing Partner
Capozzi Adler, P.C.
P.O. Box 5866
Harrisburg, PA 17110
(717) 233 -4101
Attorneys for Plaintiff
4•
Louis J. Capdiai, it., W *e 120 camp mu.nyptwb
1 1KN ,ZA%ft Caw f di ssociates P.C. c ,t� PA 17011
Donald A. Rte', F.94W* w
C raig 1. Adlet, E�uire ** F„ tto S at La w stit IMg Addnss: P.O. Box 5866
e� x�, R , a.+. , salmi
..� E- an_n�. E \ Harrisburg, PA 17110
Bruce 0, B li sgWm
Dam L, RkUgA% SKIWn `' x TA44mxa� f 71'7) .4101
Ma ws►-Th msen, 264Uire *, Facsimile: (7.17) 233.4103
8raftdo S. Williams, Esquira v
1P _ � .�,1, y � � - i ♦.�� ��,,� �p ���
Tmmthy mow. egto S �� ��,��wAAYYh.l'1'4ig1� �/��y1,iai -Pem Absuvd c ompany
Compa
rarer► L..PislM PAMUSd Telephone; (717) 234.3289
x6youagJ. oi U, Pardlegal DOOMW DOOM 10, 2012 Facsimile;
GWWA Nt Pik Pacakgal le; (.717) 2341670
"{1,icMndiu PA. Nlend MU)
*'�ittPAaudN�
IVI1: Steven Tom
S erene Manor
707 York Rom.
Abbottstown, 7A 17301
Rc Letter of Representation.
Uur . MatW W= *err TRD
Dear Mr. Thomas:
Our ruffles of pro . **&* yoqift t* to st falb ow 1t lumAlpu in writing at the
aomm aww"' of a rmfimal 3 relgmiffistip. This 7 ' will down the ;M of services to be
provided, the basis for determining the fees for those services and our general terms and conditions
for billing. y
Smye of Aepresen=bon
The legal WMM 16 be Pf0V by CSPMW & A taM RC. to you are in connection
with an VPOW boforctl�� �.
In addition to the rMCSL'nt8tiOR desCdbCd abOvC, YOU May from time to time ask us to
perform addit .oW legal wo* or utjft%ft C . ,t Finn in m atters. This letter
constio>2* yt `WftriW idil ` *ut` fft % a4 O&WOW legal w4rk'or represent you in
other matters.
We customarily aWV #m �' 'l �i ing all aspects of our representation of
a particular client to one a ttofty de% gnstgd ft -jWjeft 000rdinatw". All work requests are
channeled through that p o&sSional, who is then responsible for .coordinating all work assignments:
Of course, we encO=& direa e mm6mion with the irAwidtw l i1t {S) working on a
particular project, '1 client or b -s Ws�b16 %r Wing and mponding to a l l
questions relating to client fires and our represcntatlon. Bruce G. Baron, Esquire will be performing
the role of ohent coordinator for you.
Bas�ammobb& j
Fees and costs will be billed to you for this matter on an hqt basis.
EXHIBIT
Bach attorney and professional staff mew in our office pmt wcumu-,and daily time
records for a ath file an which they work. Hourly rates am datemiwd pwiodmOy by our office,
generally each year, and vvill vary according to tt Momy wbo pm vidas the servi and the type
of services requested. A schedule of current: hourly rates in effoct for ourattonaeys and professional
staff inembers are en1osW i *ft k4w Them wi amininum chw1c of*va of an bout
for phrme communicuti s, fWo -toffs of an btu for m view of pees cormpundence, or ether
legal documents, and two furs for the preparation of pleadings and discovery requests and
responses. Travel tm is from portal to portaL
Should the scope of services to be pvvkW be otArVd or enkWd beyond those descen'bed
in this letter, we reserve the right to amend or supplement this letter and the fees charged for the
change or incise in the scope of seMom
WO hiring a team appwch to ow wok product which is dos rood to pmovicle economicay
efficient and effective representation by matchmg dw holy rates and eVwww of our attorneys
to the professional requirements of a jwhoular outer: ' bere spprqmatce we attempt to utilm
parale0s, for mom rauum and repetmve naas 1h the V of veducing rho overall cost without
sacriflcing any quality in the prodwt.
Bali .a.�LM .yiLd, QMdwM
Periodic IanvolM. Our firer sods peno invoices, u+ lly monthly, detailing services
rendered during the last billing penod plus costs and fees which wam advar I fln your bebalt such
as filing fps, outsa& repmductim exprm mail **% mmpuwmd rewawh emu, any expert or
consultant ibex incwTed on your behalf and uu* eVmies. Tbsre is no eharge for in -house
photocopying, telephone, telecopier (for), and postage.
Invoices am duo upon receipt and must be paid withinthti rk ) days unless other
acceptable arra gesn are made in advanoc We reserve *6 n& to charge intinst at i %O /b Per
month for aay invoices not paid within s ixty (64) days of the date of ft invoice, In addition,
should it be necessary for us to take legal action to collect any overdue tams, you will also be
respo `tile for any and all costs of collection including, without imitation, reasonable a tmey's
fires and expenses. Such reasonable attorney's fees shall include time spent by attomys employed
by this Fire at their usual hourly rates. In addition, the Parties ago that venue, in the event legal
action is necessary, is proper in Cumberland County.
In connection with collection of ajudgment, settlemeant or other disposition ofs caw on
your behalf, the Firm is authorized to receive and ondorse for deposit to our escrow account any
checks, drafts, money orders or other forms of payment whether or not made payable to the Fim
and to disburse the proms, including anttorr Ws *a and tests, in W=rdwm with the terms of
this letter
Reats►im►e A Reta►iw of S5.000 is regWwd for this eapgmm.
Grant Hol& utd Any invoipo for f0 MW casts mitt urcpdd for a period in excess of
sixty (60) days, cowistW with our respmibilities under the Rules o0rofbssional Conduct, we
reserve the right to tanpomly cease work on this enpSemew until such overdue fees and Costs are
paid in full or, if our invoices remain unpaid tote 00M at oolleoft tha ame, we reserve the
right to teminate the rep "emAon.
Dbputed BUft It is imperative, under the terms of Ws agreement, that you notify us in
writing of any disputed billing within 15 days of your nwipt o fa bill. lfwe do not receive written
notice within 15 day4 the PArd es agree that the mount of the bill = tw I*W be disputed a»d
that said=o=t is due and owing.
Reprodntfi(m of Comploe Pik th the event that you roqoW a oomplew copy of your file
or your Me in its entirety, it is understood that ym will pay a copy vhaW of .14 cents per copy and
all time sprat by our staff and attvrmys, at their u%W houdy rates, for firing the file and
insuring the requested copy is complete. The above paragraph is applicable even if you request your
original file becausC wt. must keep a copy for our records,
UCC Lion. For value rived for undisputed Iepl services, as described above, and after
default of this Fee Agreement in excess of 60 da^ intending to bt fly bound hereby, you
hereby grant and assign and you agree that Capoz d & Associates, P.C. shall have, and there is
hereby created in favor of Capozai do Associates, PC,, a security b tjtrest in your tangible mid
irttan i`ble. personal property, now or hereafter in w6new, includingthe proceeds thereof and the
increases, substitutions, replacements, addition, and accessions thereto, hereinafter referred to
eoUee ively as the "CollsteW:' to spume that certain obligation of you owed. to Capozri &
Associates, P.C. aftr the declaretion. of Ddault of this Fee Agreement, In addition to atl 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 secured parry under the Pennsylvania Uniform
C nercW Code, I author= Capo= & Associates, P.C. to file a finkocing swftuvt wing the
CollaftraL
CONFESSION OF JUDGMENT. THE UNDERSIGNED MtEBY EMPOWERS ANY
ATTORNEY OF ANY COURT OF RECORD WITH N THE UNITED STATES OF AMERICA
OR ELSEWHERE TO APPEAR. FOR THE UNDERSIGNED AND, WITH OR WITHOUT
COMPLAINT FILED, CONFESS Il;WMENT AGAINST THE Ur ZE.RSIONED IN FAVOR OF
ANY HOLDER HEREOF, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, AS
HEREINABOVE DEFINED, FOR THE UNPAID BALANCE OF UNDISPU'T'ED LEGAL FEES,
AS DESCRIBED ABOVE, TOGETHER WITH UNPAID INTEREST THEREON, COSTS OF
SUIT AND ATTORNEYS FEES, AS DESCRIBED ABOVE, ON WHICH JUDGMENT ONE OR
MORE EXECUTIONS MAY ISSUE FORTHWITH. THE UNDERSTOM HEREBY FOREVER
WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDU70S, WAIVES STAY OF
EXECUTION, AND WANES 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 FAUST THE POWER, WHETHER OR NOT ANY SUCH EMCISE SHALL BE HELD
BY .ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE POWER SHALL
CONTINUE UNDMUMHED AND IT MAY BE MRCISED FROM TIME TO TIIvTE AS
OFTEN AS THE HOLDER HEREOF SHALL ELECT UNTIL SUCH TIlEE AS THE HOLDER
SHALL HAVE RECEIVED PAYMENT IN TULL OF THE DEBT, INTEREST, ATTORNEY'S
FEES AND COSTS. DTrEPMT ON THE OBLIGATION EVIDENCED HEMY SHALL
CONTINUE TO ACCRUE AT THE ABOVE-STATED RATE AFTER THE ENTRY OF
JUDGMENT HEREON. TBE UNDERSIGNED HEREBY WADS ITS RIGHTS TO NOTICE
AND A HEARING GONG'EMINO THE VALIDITY OF THE HOLDERS CLAIi4iS
HEREUNDER AND AGREES AND CONSENTS TO JUDGMENT BEING ENT ]D BY
CONFESSION IN ACCORDANCE WITH THE IMO IMRI OF AND EXECUTION BEING
LEVIED ON SUCH JI,WWW AGAINST ANY AND ALL PROPERTY OF THE
UNDERSIGNED, IN EACH CASE WrINOUT FIRST BEING GIVEN NOTICE AND THE
OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON
WHICH SUCH JUDGIVNT IS BRED.
AttomWs tkn. As provided by Pennsylvania law, we will. reftin an aftoraWs lien for
payment on all files and other documents and materials collected or generated by this firm in the
course of this xepresentefion, and reserve the ri& to retain those fli es and other materials until paid
in full,
if, at any time dm* the course of our profmional rely iowbip, you have any questions
regarding our services or our fees, please taise with are. We strongly encourage open and
freak discussions abut our work product and lees. We fmd that goad communication enhances our
professional rnladowhip with our dim and facihma our ability to address effectwely and
economically the legal challenges facials them,
if these two are acceptable to you, please sign this letter and return. it to us with the
retainer. A self addressed, stamped envelope is enclosed for your cortvenienc e. 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 flue conditions of this agreemem and Vainer.
We d=k you for the opportunity to perform legal services for your, and we look forward to
working with you.
LOWS J: Ciipozzi;jr, i Esquity .
LJCfcam
Eneirisure
Cc. Bra 0 Baron, Esquire
1
s
-.
1
Capoz# Adl P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Mr. Steven Thomas February 13, 2013
Serene Manor
105 Autumnwood Avenue
York, PA 17404
File #': 754 -12
Inv #: 69331
RE: CLOSED. PCH Licensure Appeal
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
I
,
Jan -02 -13 Review of /draft a -mails to Bruce Baron re 1.00 300.00 LJC
status /next steps /sale
Communicate with DPW Counsel; telephone 1.50 412 50 BGB
call to DPW Counsel re status of approval of
Manager /Adm; communicate with Steve
Thomas re same; telephone call from Steve
Thomas re same; telephone call to Steve j
Thomas re same and status of filing
application for new operator
Jan -03 -13 Communicate with DPW Counsel on approval 0.10 27.50 BGB
of Manager, with copy to Steve Thomas and
communicate with Steve Thomas on status
Jan -07 -13 Communicate with Steve Thomas re status of 0.10 25.00 BGB
back up documents to send to DPW Counsel
for approval of Master and of new application
by Buyer
Jan -09 -13 Communicate with Steve Thomas re 0.50 125.00 BGB
supporting material for DPW approval of
Manager; communicate with DPW Counsel re
same, with copies to Steve Thomas re DPW
approval of Manager
Totals 3.20 $890:00
EXHIBIT
Invoice #: 69331 Page 2 February 13, 2013
Total Fees & Disbursements $890.00
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
Capon a d 866, PC
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Mr. Steven Thomas March 14, 2013
Serene Manor
105 Autumnwood Avenue
York, PA 17404
File #: 754 -12
Inv #: 69884
RE: CLOSED. PCH Licensure Appeal
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Feb -06 -13 Telephone call from Steve Thomas re Affidavit 0.30 82.50 BGB
required by DPW for issuance of PCH license
to new legal entity
Feb -08 -13 Communicate with Steve Thomas re review of 1.00 275.00 BGB
form of Affidavit requested by DPW from
Ruby Thomas; telephone call from same re
same; review of form; office conference with
Christina Mahady re need for separate Fee
Agreement with Taylor Manor
Feb -19 -13 Communicate with Steve Thomas on 0.70 192.50 BGB
documentation for transfer to new operator
Totals 2.00 $550.00
Total Fees & Disbursements $550.00
Due Date: 30 Days From Date of Invoice. Any claims or disputes regarding this invoice or any items thereon
must be submitted in writing within 15 days of receipt.
Please put Invoice Number on your check, Thank You
Capop #Box Adler P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #:23-2911821
Mr. Steven Thomas April 16, 2013
Serene Manor
105 Autumnwood Avenue
York, PA 17404
File #: 754 -12
Inv #: 70437
RE: CLOSED. PCH Licensure Appeal
DATE DESCRIPTION HOURS AMOUNT TIMEKEEPER
Mar -15 -13 Telephone call from Ruby Thomas re 0.30 82.50 BGB
Department of Public Welfare actions to close
down facility and status of Taylor PCH license
application
Totals 0.30 $82.50
Total Fees & Disbursements $82.50
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 B d 866, P.C.
Harrisburg, PA 17110
Ph: (717) 233 -4101 Fax:(717) 233 -4103 EIN #: 23- 2911821
Mr. Steven Thomas September 16, 2013
Serene Manor
105 Autumnwood Avenue
York, PA 17404
File #: 754 -12
Inv #: 73109
RE: CLOSED. PCH Licensure Appeal
DISBURSEMENTS Disbursements Receipts
Aug -31 -13 Research 23.68
Totals $23.68 $0.00
Total Fees & Disbursements $23.68
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.
P. O. Box 5866
Harrisburg, PA 17110
Telephone: (717) 233 -4101
Fax: 717 - 233 -4103
Mr. Steven Thomas As at Nov 20, 2013
Serene Manor
105 Autumnwood Avenue
York, PA 17404
REMINDER NOTICE
Bill Date Matter # Inv # Billed Int Due Paid Due Aging
Feb -13 -13 754 -12 69331 890.00 49.15 468.92 470.23 > 120 days
Mar -14 -13 754 -12 69884 550.00 51.81 0.00 601.81 > 120 days
Apr -16 -13 754 -12 70437 82.50 6.43 0,00 88.93 > 120 days
Sep -16 -13 754 -12 73109 23.68 0.06 0.00 23.74 < =90 days
Totals $1,546.18 $107.45 $468.92 $1,184.71
Balance Due and Owing $1,184.71
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,
Louis J. Ca ozzi, Jr., Esquire*
P C apozzi-A dl e r, 1200 Camp Hill Bypass
Daniel K. Natirboff, Esquire P.C Camp Hill, PA 17011
Donald R. Reavey, Esquire t, f i', '
Craig I. Adler, Esquire ** Att01 "71 .S �Gt L' ` 7 Mailing Address: P.O. Box 5866
Andrew R. Eisemann, Esquire iti '� j; Harrisburg, PA 17110
Bruce G. Baron, Esquire,
Dawn L. Richards, Esquire Telephone: (717) 233 -4101
Matthew A. Thomsen, Esquire Facsimile: (717) 233 -4103
Brandon S. Williams, Esquire www.capozziadler.com
Marc A. Crum, Esquire
Kathleen A. Wagner, Esquire f
Timothy Ziegler, Sr. Reimb. Analyst Mid -Penn Abstract Company
Erin E. Motter, Jr. Reimb. Analyst `f = ;4 Charter Settlement Company
Karen L. Fisher, Paralegal ' Telephone: (717) 234 -3289
Keyoung J. Gill, Paralegal Facsimile: (717) 234 -1670
Gwenn M. Keene, Paralegal November 21 2013
(Licensed in PA, NJ and MD)
* *(Licensed in PA and NJ)
Mr. Steven Thomas
Serene Manor
7007 York Road
Abbottstown, PA 17301
Re: Account with Capozzi & Associates, P.C.
Amount Due: $1,184.71
Our Matter No,: 652 -13
Dear Mr. Thomas:
As you are aware, our law firm represented you in an appeal before the Department of
Public Welfare. Please note that there is an outstanding balance due and owing in the amount of
$1,184.71 for legal services rendered, and that you are responsible for the payment of the invoice.
Enclosed please find a copy of the unpaid invoice regarding the above - referenced delinquent
balance.
Please make arrangements to pay the outstanding amount owed within 10 days from the date
of this letter, to Capozzi Adler, P.C., P. O. Box 5866, Harrisburg, PA 17110.
We expect that you will honor the terms of your Agreement with our law firm and remit
payment. This action is being taken because, despite previous requests for payment, you have
failed to remit payment for the legal services provided.
I trust that you will give this Notice your immediate attention.
Very truly yours,
Marc . Crum
/kj g
Enclosure
THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT, A ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT
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.:
STEPHEN THOMAS AND
SERENE MANOR,
-.W –n
Defendants Confession of Judgment for Mon�' +' F L
d .
CERTIFICATE OF RESIDENCE UNDER RULE 2951
C7''
I do hereby certify that the precise residence and complete post office address of the
Plaintiff is:
Capozzi Adler, P.C. Mailing Address
1200 Camp Hill Bypass, Suite 205 Capozzi Adler, P.C.
Camp Hill, Cumberland County, PA 17011 P.O. Box 5866
Harrisburg, PA 17110
I do hereby certify that the complete post office addresses of the Defendants are:
Stephen Thomas Stephen Thomas
Serene Manor Serene Manor
105 Autumnwood Avenue 7007 York Road
York, PA 17404 Abbottstown, PA 17301
Date:
Marc . Crum, Esquire
Attor ey I.D. No.: 91273
Ca zzi Adler, P.C.
P.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
V. Docket No.: 7 V 7
STEPHEN THOMAS AND
SERENE MANOR, ,
Defendants Confession of Judgment for Money�
r
= m rn ;
NOTICE UNDER PA.R.C.P RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON -�
NOTICE OF DEFENDANT'S RIGHTS c, t=
� cL- 77 c—
TO: Stephen Thomas and Serene Manor, Defendants:
A judgment in the amount of $2,551.12, 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, Esquire
Atto ey I.D. No.: 91273
Ca ozzi Adler, P.C.
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.: f �(, ['✓ L
STEPHEN THOMAS AND M
SERENE MANOR,
Defendants Confession of Judgment for Money
Rule 236 NOTICE OF ENTRY OF JUDGMENT
NOTICE OF DEBTOR'S RIGHTS
TO: Stephen Thomas and Serene Manor, LLC, Defendants
You are hereby notified that on 201 , judgment
by confession was entered against you in the sum of $ ,551. plus ost jud ment interest a
costs of suit.
Date: D/
Pro ary
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 are the addresses of the Defendants(s) stated in the certificate
of residence: 105 Autumnwood Avenue, York, PA 17404 and 7007 York Road, Abbottstown,
PA 17301.
Date:
Marc A Crum, Esquire
Attor y I.D. No.: 91273
Cap zzi Adler, P.C.
P. . Box 5866
Harrisburg, PA 17110
(717) 233 -4101
Attorney for Plaintiff
7
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff t "
Low, 4444
Jody S Smith
Chief Deputy t
4 AR 12 PM 2: 43
Richard W Stewart
Solicitor car c, "rr* FP,t- CUMBERLAND UCDNTY
PENNSYLVANIA
Capozzi Adler, P.C. f/k/a Capozzi&Associates, P.C. Case Number
vs.
Stephen Thomas(et al.) 2014-644
SHERIFF'S RETURN OF SERVICE
02/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Stephen Thomas, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Adams, Pennsylvania to serve the within
Complaint in Confession of Judgement, Confession of Judgment, Rule 236 Notice of Entry of Judgment
and Notice Under Pa.R.C.P. Rule 2958.1 according to law.
02/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Serene Manor, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Complaint in Confession of Judgement, Confession of Judgment, Rule 236 Notice of Entry of Judgment
and Notice Under Pa.R.C.P. Rule 2958.1 according to law.
02/25/2014 The requested Complaint in Confession of Judgement, Confession of Judgment, Rule 236 Notice of Entry
of Judgment and Notice Under Pa.R.C.P. Rule 2958.1 returned by the Sheriff of York County, the within
named Defendant Serene Manor, not found. Richard Keuerleber, Sheriff, Return of Service attached to
and made part of the within record.
02/28/2014 The requested Complaint in Complaint in Confession of Judgement, Confession of Judgment, Rule 236
Notice of Entry of Judgment and Notice Under Pa.R.C.P. Rule 2958.1 served by the Sheriff of Adams
County upon Stephen Thomas, personally, at 7007 York Road,Abbottstown, PA 17301. James W.
Muller, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $62.00 SO ANSWERS,
March 05, 2014 RONNW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
SHERIFF'S OFFICE OF YORK COUNTY
Ric d P Keuerleber �c `s op,cam PETER J. MANGAN, ES
Solici
kw Reuben B Zeager Richard E Rice
Chief Deputy, Operations ` '1 Chief Deputy, Administrat
CAPOZZI ADLER, P.C. f/k/a CAPOZZI &ASSOCIATES, P.C., Case Number
vs.
STEPHEN THOMAS (et al.) 14-644 CIVIL
SHERIFF'S RETURN OF SERVICE
02/25/2014 SHERIFF RICHARD P KEUERLEBER, BEING DULY SWORN ACCORDING TO LAW, STATES HE
MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: SERENE
MANOR, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF
THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN CONFESSION OF JUDGMENT
(CONF JUDG) CONFESSION OF JUDGMENT, RULE 236 NOTICE OF ENTRY OF JUDGMENT AND
NOTICE UNDER Pa.R.C.P. RULE 2958.1 AS "NOT SERVED"AT 105 AUTUMNWOOD AVENUE,
YORK, PA 17404.
BUSINESS NOT IN EXISTENCE SINCE MARCH 2013 PER RUBY THOMAS MOTHER OF STEPHEN
THOMAS. STEPHEN THOMAS IS IN MINORSVILLE FED PRISON. RUBY THOMAS IS TAKING CARE
OF FINAL PAYROLL AND TAXES AND BOOKWORK. RUBY THOMAS PHONE IS 631-796-4067.
SHERIFF COST: $36.92 StAte ERS,
•
/.
February 26, 2014 RICHARD P KEUERLEBER, SHERIFF
t,—COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sheila E.Cook,Notary Public
City of York,York County
Commission Expires Feb. 1,2017
PENNrYLVANIA ASSOCIATION OF NOTARIES
NOTARY
Affirmed and subscribed to before me this
26TH day of FEBRUARY , 2014 `S/�, / j
SHERIFF'S OFFICE OF ADAMS COUNTY
James W. Muller 41, c
* 6, Bernard A.Yannetti,Jr.
Sheriff ° Solicitor
„et ,
Len J.Supenski `#14, Kevin E. Miller
Chief Deputy Lieutenant
CAPOZZI ADLER, P.C. f/k/a CAPOZZI &ASSOCIATES, P.C. Case Number
vs.
STEPHEN THOMAS(et al.) 2014-644
SHERIFF'S RETURN OF SERVICE
02/21/2014 08:37 AM-Deputy Carl Boyer, being duly sworn according to law, deposes and says, an attempt to serve
the Complaint in Confession of Judgment(CONF JUDG)upon STEPHEN THOMAS, Defendant at 7007
York Road, Abbottstown, PA 17301,was unsuccessful. Address belongs to a business. Business was
sold to new owners and has new name of Jihra Meadows, LLC. Complaint in Confession of Judgment
(CONF JUDG) returned as Not Found.
rCARL BOYER, EPUTY
SHERIFF COST: $29.68 SO ANSWERS,
February 25, 2014 JAMES W. MULLER, SHERIFF
COSTS
DATE CATEGORY MEMO CHK# DEBIT CREDIT
02/14/2014 Advance Fee Advance Fee 27497
$0.00 $150.00
02/14/2014 Docket&Return
$9.00 $0.00
02/14/2014 Service
$5.00 $0.00
02/25/2014 Mileage $15.68 $0.00
02/25/2014 Refund 1889
$120.32 $0.00
$150.00 $150.00
BALANCE: $0.00
NOTARY
Affirmed and subscribed to before me this
25TH day of FEBRUARY , 2014
;c1 f.Jeiir::y5uite:
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