Former City Council Attorney Sues Harrisburg, Pa., over Nonpayment

Mark Schwartz, who represented the Harrisburg City Council in its failed bankruptcy filing, is suing Pennsylvania's capital city for nonpayment.

Schwartz, in a motion filed Dec. 27 with the Dauphin County prothonotary in Harrisburg, seeks $289,105.15, plus interest, attorney's fees, costs and punitive damages "in an appropriate amount."

Philadelphia attorney Peter Scuderi is representing Schwartz.

Schwartz, a solo practitioner from Bryn Mawr, Pa., named the city and City Council as defendants, and included council president Wanda Williams, controller Dan Miller, city treasurer John Campbell and acting city solicitor Jason Hess individually.

The council hired Schwartz in October 2011, shortly after which it filed under Chapter 9 over the objections of Mayor Linda Thompson. Bankruptcy Judge Mary France of the U.S. Bankruptcy Court for the District of Pennsylvania dismissed the filing one month later. The council lost in subsequent appeals.

Schwartz resigned as council attorney on July 20, 2012. Local attorney Neil Grover now represents the council.

Harrisburg, which has been under a state-appointed receiver since November 2011, closed on its financial recovery plan on Dec. 23. The plan is designed to erase $600 million of debt and keep the city out of bankruptcy.

According to Schwartz's lawsuit, his most recent billing was on Dec. 11, for $253,112.07 for council-related representation and $35,993.08 for "services rendered" on behalf of the controller and treasurer.

The lawsuit accused Hess of conflict of interest and said Hess "sought to obstruct [the] council's will, as well as plaintiff's advocacy on its behalf."

A message seeking comment was left with Hess on Dec. 27.

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