HomeMy WebLinkAbout02-1134IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Russell and Joan Nicrone,
Plaintiffs
Vo
Shumaker Williams, P.C.,
Defendant
Civil Action-
Contract Law
.
No. ,'.~a - 112z./
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE Tl-ll*~ OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Russell and Joan Nicrone, : Civil Action-
Plaintiffs : Contract Law
Vo
Shumaker Williams, P.C.,
Defendant
COMPLAINT
BREACH OF CONTRACT
1. Pro se plaintiff, Russell S. Nicrone, is a citizen of the Commonwealth of
Pennsylvania with his address at 317 Indian Creek Drive, Mechanicsburg, Pennsylvania
17050.
2. Pro se plaintiff, Joan S. Nicrone, is a citizen of the Commonwealth of
Pennsylvania with her address at 317 Indian Creek Drive, Mechanicsburg, Pennsylvania
17050.
3. Shumaker Williams is a professional corporation (Attorneys at Law) duly
licensed to operate as such in the Commonwealth of Pennsylvania with offices at the
Pennsylvania Center, 3425 Simpson Ferry Road, Camp Hill, Pennsylvania 17011.
4. On or about August 21, 2000, Plaintiffs consulted with Attorney David R.
Breschi concerning their son's recent criminal conviction (Mr. Breschi had been the
attorney of record through most of their son's criminal proceedings thus far).
5. Attorney Breschi, employee and agent for Shumaker Williams, P.C., by oral
agreement, agreed to accept Plaintiff's son's case on behalf of Shumaker Williams, P.C.,
and to pursue a direct appeal concerning the discretionary aspects of sentencing to the
Superior Court, for a flat fee of $2500.00.
6. Plaintiffs believed that the appeal concerned meritorious claims, otherwise,
Attorney Breschi never would have recommended said course of action.
7. Plaintiffs performed all of the conditions required of them by the contract.
8. Defendant failed to perfoi-m the conditions of the contract on its part in that it
failed to follow the published Pennsylvania Rules of Appellate Procedure. By failing to
include a Pa. R.A.P. 2119(0 statement, the appeal was never heard on its merit- but
simply dismissed for failure to include said statement.
9. Defendant, after agreeing to handle said direct appeal for a flat fee of $2500.00
has now attached an additional "legal fees" bill of $1,132.52, bringing the total bill to
$3,632.52.
10. As a result of Defendant's failure to comply with the contract, Plaintiff's son
is now prevented from pursuing a direct appeal to the Superior Court on this matter
unless he is fortunate enough to win a sixth amendment violation argument concerning
ineffective assistance of counsel via the Post Collateral Relief. Act. This is being pursued
pro se by the Plaintiff's son because the Plaintiffs can no longer afford legal assistance.
WHEREFORE, plaintiffs demand judgment against the defendant in an amount in
excess of $3,632.52 plus interest and costs.
Respectfully submitted,
Russell S. Nicrone
pro se plaintiff
~ 17 Indian Creek Drive
chanicsburg, PA 17050
)an S. Nicrone
~ro se plaintiff
317 Indian Creek Drive
Mechanicsburg, PA 17050
VERIFICATION
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to Authorities.
Joa~JS. Nicrone
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01134 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NICRONE RUSSELL ET AL
VS
SHUMAKER WILLIAMS P C
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SHUMAKER WILLIAMS P C the
DEFENDANT
at 3425 SIMPSON FERRY ROAD
, at 1555:00 HOURS, on the 8th day of March , 2002
CAMP HILL, PA 17011
by handing to
JOAN CONNOR, RECEPTIONIST
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10o00
.00
37.66
Sworn and Subscribed to before
me this ~o ~ day of
7~ ~o~L A.D.
' ~rothonotary "
So Answers:
R. Thomas Kline
03/11/2002
RUSSELL NICRONE
~ Dep~/ty Sherff~z