Citation Codes Equivalent Citations citation codes Attorney(S) Paul Mark Perlstein, Robert J. Foster, Philadelphia, for See more information ... Smart Summary Please sign up to generate summary. John CAPEK, Esquire, Petitioner v. Jennifer DeVITO, Respondent. ORDER PER CURIAM. AND NOW, this 1st day of December, 1999, the Petition for Allowance of Appeal is hereby GRANTED to address: Whether the lower courts erred in awarding summary judgment precluding a lawyer the right to claim a fee under a contingency fee agreement that included the language "no recovery no fee," where the fee agreement also specifically provided for recovery of a fee under the doctrine of quantum meruit. Justice NIGRO did not participate in the consideration or decision of this matter.