HomeMy WebLinkAbout14-1175 Supreme Co Pennsylvania
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Commencement of Action:
S 0 Q Writ of Summons ® Petition
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C Lead PI * tiff's Name: Lead Defendant's Name:
T � v -A-11 � -�--
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Dol ar Amount Requested: vtff`iin arbitration limits
I Are money damages requested? es ® No
0 (check one) Qoutside arbitration limits
N Is this a Class Action Suit? ® Yes E3 No Is this an MDJAppeal? IQ Yes ® No
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Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROY L. GALLOWAY, :NO:
Plaintiff
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CIVIL ACTION -LAW ry c) -utZ;
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LYNETTE KULIYEVA, � a »
Defendant �,�
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NOTICE TO DEFEND
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 AN 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 ASSIST YOU WITH 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1- 800 - 990 -9108
717 - 249 -3166
Roy L. Galloway, Esquire
Sup.Ct. # 206841
717 Market Street, Ste. 102
(717) 737 -330
Pro se
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROY L. GALLOWAY, : NO:
Plaintiff
V. : CIVIL ACTION -LAW
LYNETTE KULIYEVA,
Defendant
COMPLAINT
AND NOW, this 26' day of February 2014, comes Plaintiff, Roy Galloway, who files the
within Complaint; and avers as follows:
1. Plaintiff is Roy Galloway, who is the sole member of a limited liability
corporation, The Law Office of Roy Galloway, LLC that provides legal services and is
located at 717 Market Street, Suite 102, Lemoyne, PA 17043.
2. Defendant is an adult individual who resides at 1617 Canterbury Rd., Saint
Petersburg, Florida, 33710.
3. On January 7, 2013, the parties entered into a written agreement at Plaintiff's
office located in Cumberland County, Pennsylvania whereby Plaintiff agreed to represent
Defendant in a custody action in the York County Court of Common Pleas in exchange for
Defendant paying a retainer of $1,500.00 for services rendered up to the conciliation
conference, and $250/hour for legal services rendered after the conciliation conference
exhausted. Attached hereto as Exhibit "A" is a copy of the Agreement entered into between
the parties.
4. At the time the parties entered into a contract, the Defendant resided at 226A
Friendship Avenue, York, York County, Pennsylvania, 17406.
5. Plaintiff provided legal representation to Defendant, and she was able to secure
primary physical custody of her child, and was granted permission from the York County
Court of Common Pleas to relocate with the child to Saint Petersburg, Florida.
6. Defendant has breached the agreement entered into between the parties by failing
to pay for services rendered on her behalf.
7. Plaintiff has reached out to Defendant on numerous occasions to resolve this
dispute, but Defendant avoids all attempts at communicating with her and has failed to
satisfy her financial obligations.
8. Defendant acted in bad faith by reaping the benefits of Plaintiff's services, and
failing to satisfy her obligations under the contract.
9. As a direct result of Defendant's breach of contract, Plaintiff has suffered
financial losses in the form of unpaid wages, court costs, attorney fees and interests.
10. Plaintiff gave Defendant more than six (6) months to satisfy her obligations under
the contract, but she has failed to pay for services rendered or attempt to make payment
arrangements with Plaintiff.
11. At this time, Defendant owes Plaintiff $1,225.00 for past services rendered,
excluding court costs, and attorneys fees she will accrue based on the contract attached
hereto.
12. Per the attached contract, Defendant agreed that if she breached this contract by
failing to make payment, she would pay Plaintiff $250.00/hour in attorney's fees for all legal
work undertaken to enforce the terms of this contract (See page 4 of the attached contract).
13. Therefore, as this litigation progresses, Defendant's financial obligations to
Plaintiff will increase as he seeks to enforce the terms of the subject contract.
WHEREFORE, Plaintiff demands judgment against defendant in an amount within the
compulsory arbitration limit of $50,000.0, exclusive of interest and costs, counsel fees and other
sanctions, which may be awarded under law.
Respectfully submitted,
LAW OFFICE OF ROY GALLOWAY, LLC
Ro L. Galloway, Esquire
Supreme Ct. ID 206841
717 Market Street, Ste. 102
Lemoyne, PA 17043
(717) 737 -3300
r
r
EXHIBIT "A'
i
The Law Office of Roy Galloway, LLC
RETAINER AGREEMENT
This Agreement is entered into by and between the LAW OFFICES OF ROY GALLOWAY, (hereinafter
"ATTORNEY ") and �„� n ��.�,�.� i ,�,r �. (hereinafter "CLIENT "). CLIENT hires LAW
OFFICES OF ROY GALLOWAY, LLC and any attorneys, law clerks, paralegals, and legal assistants, hired
(as employees or independent contractors) now or in the future by the LAW OFFICES OF ROY
GALLOWAY, LLC, to do the following legal work:
CASE CONTROL
CLIENT gives ATTORNEY the right to take all steps in this case that the ATTORNEY
believes worth doing, including filing lawsuits or other legal papers. When ATTORNEY
believes it is right to do so, ATTORNEY will give way to the CLIENT to make decisions.
RESULTS NOT GUARANTEED
CLIENT has been told, recognizes and understands that ATTORNEY has made No
GUARANTEE promising the success or outcome of this case.
HOW FEES ARE PAID
CLIENT agrees to pay to ATTORNEY all legal fees figured as follows: L
ATTORNEY does legal services and CLIENT agrees to pay to ATTORNEY, a minimum
and a NON - REFUNDABLE RETAINER FEE of $11 this amount is a true
retainer fee and its payment by CLIENT to ATTORNEY guarantees that the ATTORNEY
will set time aside for this case. CLIENT understands that the non - refundable retainer allows
ATTORNEY to limit the number of clients, giving more time for each client's case. CLIENT
understands and agrees that ATTORNEY may deposit this retainer into ATTORNEY'S
general bank account instead of a CLIENT trust account and that ATTORNEY may use all
717 Market St.-Ste 102 1 Leniox PA 17043 00 .. .
of it.
All legal work will be charged against the retainer. You will be billed at an hourly rate of
$250 per hour You will be billed at this rate anytime an ATTORNEY works on your file,
including but not limited to time spent writing, reviewing, signing letters, file review, legal
research, preparing or responding to interrogatories or other information gathering
procedures, preparation of court papers, telephone or conference time with CLIENT,
relatives, friends or other persons involved in the case, depositions, meetings with experts,
travel time from the office and return, court appearances (which include waiting for a judge,
the opposing attorney or a courtroom to open up and any other time spent and/or work
performed related to CLIENT'S case.
FEES BEYOND RETAINER
CLIENT has read and understands that this Agreement calls for any and all fees to be figured
on an hourly basis and that the total fee can and probably will be more than the retainer paid
under this Agreement.
EXPERTS
The ATTORNEY may suggest using experts, such as investigators, appraisers, accountants,
mental health professionals or social workers. CLIENT understands that it is CLIENT's
responsibility and CLIENT's responsibility alone, to hire and pay for the experts. It is also
CLIENT'S responsibility to keep ATTORNEY informed of the progress made by each
expert throughout CLIENT'S case.
PAYMENT OF COSTS
CLIENT agrees to pay all postage costs, including First Class and Overnight, as needed.
Costs include filing fees, service of papers, deposition and transcript costs, appraisals,
parking, in addition to express nail, photocopying and faxing. CLIENT will be billed at the
rate of $1.50 per page faxed or received. CLIENT will be billed for photocopies at the rate of
fifty cents for each page copied. This charge includes staff time spent making copies.
CLIENT understands that these monies are in addition to the retainer.
CLIENT UNDERSTANDS THAT IT IS ATTORNEY'S POLICY NOT TO ADVANCE
ANY COSTS. CLIENT BY SIGNING BELOW, UNDERSTANDS AND AGREES THAT
NO PAPERS CAN BE FILED WITH THE COURT OR DEPOSITIONS SCHEDULED OR
SERVICE OF PROCESS" MADE OR APPRAISALS OBTAINED UNTIL CLIENT HAS.
DEPOSITED THE MONEY INTO ATTORNEYS TRUST ACCOUNT. IF THERE ARE
EMERGENCIES WHEN ATTORNEY ADVANCES ANY COSTS, CLIENT SHALL
REIMBURSE ATTORNEY IMMEDIATELY UPON ATTORNEY'S REQUEST.
FAILURE OF CLIENT TO REIMBURSE ATTORNEY MAY RESULT IN ATTORNEY
WITHDRAWING FROM CLIENT'S CASE.
PAYMENT OF MONEY IN TRUST FOR COSTS
CLIENT gives the right to ATTORNEY to withdraw money from CLIENT's trust account,
to pay back ATTORNEY for actual costs paid by the ATTORNEY. At the end of the case,
CLIENT also authorizes ATTORNEY to withdraw money from CLIENT's trust account to
reimburse ATTORNEY for unpaid legal fees.
BILLING
a. HOW BILLS ARE FIGURED: Bills will be figured in tenths of one hour. Each tenth
of an hour equals six minutes.
b. MINIMUM BILLINGS: CLIENT understands that when ATTORNEY is in the office,
ATTORNEY charges a minimum of two - tenths hours (12 minutes) for CLIENT's
case, including_ telephone calls, except for reviewing and signing letters which will be
billed for one -tenth hour.
BILLED
ATTORNEY will bill monthly for legal services. Bills will show the time spent on all work,
the work that was done and the billing rate. The bill also shows any credits or money left on
account as well as any money due now for work done on CLIENT's case.
WHEN PAYABLE
Bills are payable immediately when received. Bills not paid within thirty (30) days will be
charged a late charge at an interest rate of one and a half percent (1.5 %) on the monthly
balance.
CHANGES IN PAYING
If CLIENT wants to make partial monthly payments for ATTORNEY's fees, these
arrangements MUST be agreed upon IN ADVANCE IN WRITTING, between ATTORNEY
and CLIENT. Any arrangements for payment by CLIENT in monthly installments will
require CLIENT to sign a Promissory Note.
CREDIT CHECK
If ATTORNEY agrees to accept monthly payments from CLIENT, a credit check will be
necessary. Upon signing this Agreement, CLIENT gives ATTORNEY the right to do a credit
check on CLIENT and obtain a - credit report.
BAD CHECKS
CLIENT agrees to pay a $37.00 service charge, in addition to any and all bank charges, if
CLIENT writes a check that is returned for any reason whatsoever, including insufficient
funds or stop payment order.
POLICY ABOUT NOT PAYING
This law firm is willing to arrange a reasonable payment plan for CLIENT after the initial
retainer has been exhausted. However, if CLIENT refuses to pay the bill or make
arrangements to pay the bill within thirty (30) days of the bill being sent, ATTORNEY will
file a Motion to Withdraw at the earliest possible time and seek to collect fees and costs
owed, plus any late charges due by collection or lawsuit. If client defaults on making
payments, CLIENT agrees to pay attorney for reasonable attorney's fees necessary to
recover unpaid legal fees, including, but not limited to, filing fees to initiate a suit and costs
for ATTORNEY to hire legal counsel to recover fees. Should attorney perform the work to
recover unpaid legal fees, client agrees to reimburse ATTORNEY at the above - referenced
billable rate, exclusive of interest. Client hereby consents to ATTORNEY's
WITHDRAWAL from case should he /she on payment without notice to client.
BILLING REOUESTS AND COMPLAINTS
Unless CLIENT mails to ATTORNEY a written complaint about a bill within 30 days after
the date on the envelope, that bill shall be totally acceptable to CLIENT and CLIENT shall
pay the full amount without a complaint. CLIENT may ask for a bill at any time.
ATTORNEY will mail a bill to CLIENT within 72 hours of any written request (holidays
and weekends excluded).
LIEN
a. Should CLIENT receive any cash or property by- agreement, settlement or Judgment,
or Order during or after CLIENT's case, such as money from the sale of a house,
business, etc., CLIENT agrees to have this money deposited into ATTORNEY's trust
account and CLIENT gives ATTORNEY authority to pay any balance due
ATTORNEY out of this money before transferring the balance to CLIENT. CLIENT
agrees that ATTORNEY may file and record this LIEN and/ -or file this Agreement.
b. In case this Agreement is ended and attorney's fees and /or costs are owed by the
CLIENT, ATTORNEY shall have a lien on all property or assets of CLIENT to secure
the fees and /or costs.
INSURANCE DISCLOSURE
This law firm is protected for Professional Malpractice in the amount of $100,000 per claim
and $300,000 aggregate.
PROFESSIONAL RELATIONSHIPS
ATTORNEY understands that it is the wish of the CLIENT to have ATTORNEY represents
CLIENT only so long as CLIENT is totally satisfied with the services done by ATTORNEY
and the fees and costs charged by ATTORNEY. CLIENT agrees and it is the wish of
ATTORNEY to represent only CLIENT's who:
a. Are satisfied with the services of ATTORNEY;
b. Does what the ATTORNEYS tell CLIENT to do; and
c. Pays ATTORNEY for legal work and court costs spent.
APPOINTMENTS ONLY
CLIENT understands that the ATTORNEY usually sees CLIENTS after making an
appointment, except emergencies. Walk -in appointments are not made, unless an emergency
exists OR the attorney is not engaged in work on another matter. CLIENT understands that
ATTORNEY May from time to time have to change appointments and that this will be done
at the earliest possible time. CLIENT further understands that ATTORNEY may have to
change an appointment at the last minute Due to unforeseen circumstances. ATTORNEY
apologizes in advance for any and all inconveniences this may cause CLIENT. ATTORNEY
would appreciate CLIENT notifying ATTORNEY of any appointments CLIENT is unable to
keep.
CLIENTS RIGHT TO WITHDRAW
CLIENT understands that CLIENT may end this Agreement, with or without cause, in
writing to ATTORNEY. ATTORNEY shall return the CLIENT's original file promptly after
this Agreement ends.
CLIENT understands that CLIENT has the right to talk to another lawyer before signing this
Agreement. CLIENT agrees that no legal work will be performed by ATTORNEY until the
retainer fee is paid in full.
RIGHTS OF CLIENT TO INDEPENDENT REVIEW
CLIENT understands that there are to be no additions, strike outs, changes or waivers of any
kind whatsoever to this Agreement unless the change is in writing and signed by both
ATTORNEY and CLIENT. Further, CLIENT understands that this Agreement applies to
this case only not to other cases or legal problems.
ACTIONS NOT COVERED BY THIS AGREEMENT
CLIENT understands that bringing or defending of appeals in the Superior or Supreme Court
of Pennsylvania or any other court of competent jurisdiction is not covered by this
Agreement regardless of when the need for such actions may arise.
COSIGNER LIABILITY
By signing below, I understand that I am accepting full responsibility for the legal fees due
to Attorney for representing the client. Further, I understand that Attorney may enforce this
Agreement against me even if he does not seek to pursue collections or legal action against
the client. I understand that Attorney will not share information regarding the case with me,
unless the client releases the attorney to share information with me. I understand that the
attorney - client relationship is between the Attorney and the client only and no attorney - client
relationship is formed by virtue of my payment of legal fees on client's behalf or acceptance
of financial responsibility for legal fees.
INCREASE IN HOURLY RATES
CLIENT understands and agrees that ATTORNEY may change the hourly rates during the
term of this Agreement by giving CLIENT thirty (30) days notice In advance in writing.
CLIENT swears or affirms that he or she has read, understands and agrees to this contract
which is seven (6) pages in length and has been given a copy of it.
Date: - 7/ g 03 Client:
Date: Attorney:
r
VERIFICATION
I verify that the statements in the foregoing Complaint are true and correct. I understand that any
false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Date: February 26, 2014
y Gallo- , laintiff