Setting the Stage: The Foes in the Arena
On one corner of this legal drama stands Robert Simmons, a veteran attorney with a 40-year career in Philadelphia. Representing landlord John Tyrone Williams, he aimed to reopen a judgment against his client for not returning a security deposit upon request.
On the opposing corner, David Lusick, founder of Legal-Eagles.org, undertook the representation of his mother Gail Lusick. David had won a judgement in the case on 6-13-2023 in case number SC-23-05-01-3138
After not appearing at the initial hearing landlord john Tyrone Williams hired attorney Robert Simmons to file a Petition to Open Default Judgement claiming he was not properly served. A hearing was scheduled for August 16, 2023 and all parties appeared.
Subterfuge: After weeks of mediation via phone calls and emails, Attorney Robert Simmons gave the plaintiff an ultimatum, settle for half the judgment or fight it out in front of a judge. The 40-year seasoned attorney tried to intimidate and provide incorrect and or misleading interpretations of the law to get paralegal David Lusick to forego the hearing.
When the courtroom convened David Lusick engaged in a maneuver to discuss the case with Attorney Simmons for one last chance to settle. During the conversation, Attorney Simmons revealed that his client John Tyrone Williams never had any intention of satisfying the judgment. This was revealed in front of a third party that David Lusick brought along. He called the witness to the stand to relay the statement to the judge.
Mr. Lusick also presented an email from Attorney Simmons contradicting the mediation discussions. Effectively impeaching Attorney Simmons with his own words, the courtroom was stunned.
Finally, Mr. Lusick presented evidence gathered from the Philadelphia Sheriffs office, the Philadelphia Register of Deeds Office, the Philadelphia Licences and Inspections office detailing:
A. Landlord Williams had no rental licence.
B. The Landlord misrepresented that he had not been properly served at his address when a L & I search revealed the property was owned by a Edward and Clara Brown.
C. Landlord Williams owned no properties or deeds to any residences in Philadelphia
D Landlord Williams had evictions of his own on his record as well as arrests for crimi falsi offenses.
Recognizing his defeat, Attorney Simmons in open court fell on his sword and wrote a check out to David Lusick for the Judgement and settled the case.
In the annals of Philadelphia Municipal Court, the above case shall be etched as a testament to the ever-evolving struggle for tenants against landlords armed with attorney's who game the system.