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HomeMy WebLinkAbout00-02961 -I'" ~'-~--""-" <~ ",' _ ,0," - _ ~"_;,_;..,. _ ...'~ ~ 'il>! :';1 JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT, JR. DAVID J. LANZA MARK C. DUFFJE KEIRSTEN WALSH DAVIDSON MJCHAEL J. CASSIDY ROBERT M. WALKER LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET p, 0, BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com HORACE A JOHNSON OF COUNSEL \'i ~i !:i 11 tl Ii ~I ~i ;! ,<I ., :!! ~! !::: TELEPHONE 717-761-4540 FACSIMILE 717-761-3C!15 E-MAIL mail@jdsw.com WRITER'S EXT. NO. 15 E-MAIL dwd@jdsw.com :1 I, f'! ;;1 i-i ~,I August 15, 2001 The Honorable Edward E. Guido Cumberland County Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 L' .j ;,; ';1 ~:i ~ ;,' ;'-i i-I i-! "1 '" Re: Keystone Staffing Services, Inc. v. Capozzi & Associates, P.C. No. 2000-2961 Civil Term , ., Dear Judge Guido: As per our discussion during the pre-trial conference on August 3, 2001, the above- captioned case has now been settled by the parties and you may cancel the bench trial scheduled for October 8, 2001, r: ~:i Thank you for your attention to this matter. ~NSON,DU6 ~, ~dW. 11 t,: ~-! '! [! ~i ~ Very truly yours, DWD:lar:kkm: 148923 cc: Jonathan C. James, Esquire Court Administrator Keystone Staffing Services, Inc. "- t fib _J," . - -'..' -],f' " [ ! r KEYSTONE STAFFING SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CAPOZZI & ASSOCIATES,: NO. 2000-2961 CIVIL TERM P.C. ORDER OF COURT AND NOW, this 3RD day of AUGUST, 2001, a bench trial is scheduled before the undersigned judge on MONDAY. OCTOBER 8. 2001. at 8:30 A.M. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. David W. DeLuce, Esquire Jonathan C. James, EsquiTe ~ ~ f-3.~1 ~ Taryn Dixon Court Administrator's Office - ,u.J o/l i." C. A . :sld a'\ P'-' -,_.,- """',<",,,,',"'" - C".. Or" 1'" ; ~':T}"C;fF!CE , -,""IA'""RY --,';',U!f\f 01 AUG-3 AliI!; IS CUI>',Dr-,-" -"j" ("(OUNrN Ivlo::nL.,t.I\ L; 1..J'..) j J' f PENNSYLVANIA , , -1~."._~Jf.'''''1 ' ~--I '--~.Jl!!Il!!-"_~'.--,IiI~~___- - "_'---' ',- , ,,1Ii1 I ~i KEYSTONE STAFFING SERVICES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CAPOZZI & ASSOCIATES, P.C. NO. 2000-2961 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 20TH day of JULY, 2001, a pretrial conference in the above-captioned matter is SCHEDULED for FRIDAY, AUGUST 3, 2001, at 9:30 A.M. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Jonathan C. James, Esq. cc: David W. DeLuce, Esq. Edward E. Guido, J:~ /~ ~~u Taryn Dixon " , :~ '1' ". . "," ",", ,-, ^"" ",y.< '" , '", " - ~~, ,-"~.,~ '" : .. "). '<, ". ."rnnr,_1!IllI!!' _!/!!f~~~;l"i~, "~~!I'llIlI ~li7:'_rn "rrl'IJIItj "-1---11I. - .- ~, ,....~~-... '--,'- ''-,''0- .'-" ~'-" ,', '- ....,;~.,A.;, J" Bruce G. Baron, Research Coordinator Amy A. Keirn, Paralegal Tanya L. Zerbe, Paralegal Thomas M. Coreau, Paralegal 2933 North Front Street Harrisburg, PA 17110 I!~ I I' I:f f' l:r ~r' I: Ii k Lows J. Capozzi, Jr., Esquire , . Daniel 'K. Natirboff, Esquire Stephen A. Miller, Esquire Jonathan C. James, Esquire Elizabeth S. Antoun, R.N., Esquire Michael A. Hynurn, Esquire Danielle Wesley, Esquire Gwendolyn S. Hailey, Esquire Telephone: (717) 233-4101 Fax: (717) 233-4103 www.capozziassociates.com Of Counsel: Steven T. Hanford, Esquire ;1 1,1 , ::r 1,1 U !: j"j Attorrieysatlaw 18 Jl,lly 2001 Honorable Edward Guido 1 Courthouse Square Carlisle, P A 17013- 3387 Via Fax & Post ~f RE Keystone Staffing Services, Inc. v Capozzi & Associates, P.e. No.: 2000- 2961 Cumberland County C.C.P. Our Matter No.: 291900 ,,: \-; " I" Dear Judge Guido, !: I~ The undersigned is counsel in the above captioned matter. The undersigned respectfully requests you extend defendant another eight to ten weeks to finish discovery before scheduling any pretrial conference. Capozzi & Associates, P .C. (Capozzi) is not yet ready to try this case. Ii I' ~j i~ We have requested and not been afforded, the opportunity to depose the principal witnesses of the plaintiff in this matter- Patricia Snyder, Sherry Shumaker and Cinde Holste. Capozzi sought to depose them and served each with a Notice Of Deposition (copies enclosed) by mailing and hand delivering same to plaintiff's counsel on 16 March 2001. If you have questions or concerns please call this office and they will be addressed promptly. Jonathan . James, Esqu for defendant, Cap zi & Associates, P .C. Enclosure cc: David Deluce No enclosure File ~~~ ~~ - , ,. ")'0-; I I I , j .:'rl~':-';~. f/ 2933 NOM Front Street Harrisburg, PA 17110 . LotUsd'. Capozzi, Jr., Esquire Stlt'\l'en M. Rollins, Esquire . Daniel K. ~atirboff, Esquire Stephen A. Miller, Esquire Jonathan C. James, Esquire Elizabeth S. Antoun, R.N., Esquire Daniel A. Durst, Esquire Michael A. Hynum, Esquire Danielle Wesley, Esquire . Bru~e G. Baron, Research Coordinator Amy A. Keirn, Paralegal Tanya L. Zerbe, Paralegal Shelly R. Gardner, Paralegal i ~ ,!n.....,.... i ',q :i ,~ . . ,iJ: -~\ ..! , " .'. CMlezzI AND AssoCIATES ~C. Attorneys at law '-,._':'l Telepbone (717) 233.4101 Fax (717) 233.4103 Toll Free (877) 855-0846 www.capozziassociates.com ,,' . Of Counsel: Steven T. Hanford, Esquire 16 March 2001 David W. Deuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street LemoynePA 17043-0109 RE Keystone Staffing Services, Inc. Arbitration Date Our Matter 2919-00 Dear Dave, Please find attached our Notice Of Taking Depositions On Oral Examination Under Pa. R. C. P. No. 4001 (C) for Cinde Holste, Sherry Shumaker and Patricia A. Snyder. Louis Capozzi is unavailable on 6 April 2001-- your office, on or about 6 February 2001 indicated a range of dates (below noted). March 26th, 27th, 28, & 30th; Apri12nd, 3rd, 5th & 6th; April 9th, 11th & 13th. We immediately reviewed our calendar and promptly responded that Mr. Capozzi was not available on any of the proffered dates. This has not changed. I will work with your office in finding appropriate dates for the arbitration. Meanwhile, we do not consider the pleadings to have closed-it is out intention to serve additional discovery once we have had a chance to depose Cinde Holste, Sherry Shumaker and Patricia A. Snyder. I have notified the Arbitrators of Mr. Capozzi's unavailability for the 6 Apri12001 hearing. cor~01 than C. James ~ , ~ ~ -- "'" - , --,-" " '-"'*" P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, , Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C, P. NO. 4001 (c) TO: Cinde Holste c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Friday, 27 Apri12001 at 1:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. CAPOZZI & ASSOCIATES, P.C. I") BY: ." .-'.-..,'----. "' , ---"- ~ F- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, ( Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE i i; Ii !: If I, JONATHAN C. JAMES, ESQUIRE certify that I did serve a true and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: i f: I: U.S. First Class Mail, postage pre~aid on the 16th day of March AND Hand delivered to the address listed below on the 16 day of March: Cinde Holste c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 IATES, P.C. --------. (/< , JO ATHAN C. J S, Esquire \. Iden 'fication No. 6821 '€ OZZI AND ASSOCIATES, P.c. 3109 North Front Street Harrisburg, P A 17110 (717)233-4101 Attorneys for Defendant Date: I?'i / f., fI1 f/fLC '1 ~ c) 0 f . . .. .,' -. J~ ". "".c_ .' F- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) TO: Patricia A. Snyder c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Friday, 27 Apri12001 at 3:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. BY: JO de . lcation No. 68214 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 - - ~ - .- "~ ,,~_ 0 1/ , (f . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certify that I did serve a true and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: U.S. First Class Mail, postage pr%aid on the 16th day of March AND Hand delivered to the address listed below on the 16 day of March: Patricia A. Snyder c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 CAPOZZI AND ASSOCIATES, P.C. ATHAN C. J S, Esquire Id tification No. 68214 APOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717)233-4101 Attorneys for Defendant Date: ;0 fJ/!r(~rf '2..00 I - ,;,,;.: . ~1 ( IN THE COURT OF CO ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDERPa. R. C. P. NO. 4001 (c) TO: Sherry Shumaker c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 ( c) your oral Deposition will be taken before a person authorized to administer oaths, on Friday, 27 Apri12001 at 2:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. CAPOZZI & ASSOC JONATHAN C. J , Esquire d tification No. 68214 2933 North Front Street Harrisburg, P A 17110 (717) 233- 4101 - ,', ~ ," '.~>,-.,-, r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CMLCOMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certifY that I did serve a true and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: U.S. First Class Mail, postage pre~aid on the 16th day of March AND Hand delivered to the address listed below on the 16 day of March: Sherry Shumaker c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 JO ANC..J Identi cation No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg,PA 17110 (717) 233- 4101 Attorneys for Defendant Date: I ro flit ,lC 'f 2..c)() I - ~ --.."~~ " ~~~ " """'""'~ oW JUL-18-2QOl 03:21PM FROM-CAPOZZI AND ASSOCIATES I."";' J.Cap=i: Jr.. Esquire Daniel K. N.ril:bolf, I!:squir< St<:phcn A. Mill"", Esq"i", Jonarh.n C. JOInes, Esqllin: Elizabeth S. A",o"o. R.N" Esquire Mich""l A. Hynum. E'quiro Panidle Wesley. e'9uire Gw<ndolyn S. Hailey. f:;'quirc +717-233-4103 BtUCi!: G. .Baron, ~lle9tch Coordinawr Amy A. Keim, Parologa! ] a.nYil L. Zerbe, Parall;g'Al Thom.. M. CQtc,m. Pa.-.Jc:!,..! llonorable Edward Guido 1 Courthouse Square Carlisle, P A 17013- 331ft ~~ "',,,,, ~ t~, T-871 P.OO~. ..F-413 C .. . Stred . bui'g, 17110 Tciephone: (717) 233-4101 F",,; (7] 7) 2JJ-41cl3 WW'W.capo'l.'Ziililiocill.teil.com Of Counse~ Stt:Vt:I1L H,Ul(OIU7 ~u.U.e Via Ft'-'t & Post RE Keystone Staffing Services, Inc. v Capozzi & Associates, P.C. No.: 2000- 2961 Cumberland C01.IDty C.C.P. Our Matter No.: 2919 00 C tin CT21gnoo is cOUllsel in the above captioned matter. The unders:igned respectfully reqnests you extend defendant another eight to ten weeb to finish discovery before scheduling any pretnal conference. Capozzi & Associates, P.C. (Capozzi) is not yt:t rcw.1y LO try tillS case. We have requested and not been afforded, the opponunity to depose the principal wimesses of the plaintiff in this matter" Palricia Snyder, Shep;y Shumaker and C';inite Holste. Capozzi sought to depose them and served each with a Notice Of Deposition (copies enclosed) by mailing and hand delivering same to plaintiff's counsel on 16 March 2001. If you have questions or concerns please call this office and they wiIl be addressed promptly. zi & Associates, P.C, Enclosure cc: David Deluce No enclosure File JUL-la-2001 03:21PM FROM-CAPOZZI AND ASSOCIATES l.cmsd. CaPoZZI, Jr.. Esquire ~tP.veIt M. IloUina. EsQuire . Doniel K. ~o"'bo<<. Iitlquife Stephen .... Mlllor, Esquire Jonathan C. Jon,.., Eolquirc EhzD.beth S. MtOUn, R.N. I ~uirl;!' Daniel <I- Du"', Esqutr<o ~eluu)l A. Hyftl-tm, 2"qui~ Dani.1Ie Wooley. ESQ"j", . Bruce G. Baron, Ro:ie.....h Coordlna,,,r Amy A. 1<0110, Paralegal Thnya L. ~erlJO, f'anllcllW Shelly R. Gardner, Paral.!lal .,!,,~..:''-:.l.. y T-aTl P.002/009 F-413 2'Xl.1 Nonh Front Street Hanlsbnrg, PA 17111) . +717-233-4103 , , ~ ~ .., : .~~ 'I .' " ,~ 'CAPOZZI AND AssOCIATES ~C. Attorneys at Law :..... Telephone (711) J.l~-HfJ I Fax (717) 2J3-41U3 Toll Free ($17) $~5-1l84b W'wW,~PO".~I3:~.aGm . Of Counsel: S...en T. HlIIliord, !:>quire 16 March 2001 David W. Deuce, Esquire Johmlou, Dufi'y, Stewart & WOIidncr 301 Market Street LemoynePA 17043- 0109 RE Keystone Staffing Services, Inc. Arbitration Date Our Matter 2919 -00 Dear Dave, Please find attached our Notice O/Taking Depositions On Oral Examination Under Pa. R. C. P. Nu. 4001 (C) fur Clndc Hobte, Sheny Shllnlaker and Patricia A. Snyder. Louis Capom is unavailable on 6 April2UO 1-- your office, on or about 6 February 2001 indi(,-l'itM a range of dates (below noted). MlU'C112Gtb, 27'", 28, & 30tll; Apri12"'1, 300, Sib & 6t11; ApriI9<h, 11m & 131b. ie' We immediately reviewed our calendar and promptly responded that Mr. Capozzi WlIIl not available on any of the proffered dates. This has not changed. I Vol ill work with your office in finding appropriate dates for the Ilrbitration. Meanwhile, we do not consider the pleadings to have closed-it is out intention to serve additional discovery once we have had a chance to depose Cinde Holste, Sherry ShlJIlli\k.\;;r aud Patricia A. Snyder. I have notified the Arbitrators of Mr. Capozzi's unavailability for the Ii April 2001 hearing. - . JUL-lQ-2001 03:21PM T-S71 P.003/00S F-413 "" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA KEYSTONE STAFFING SERVICES INC, FROM-CAPOZZI AND ASSOCIATES +717-233-4103 Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CMLCOMPLAINT NO. 2000- 2961 Civil Tenn Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) TO: Cinde Holste C/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER. 301 Market Street P.O. Box 109 T .emoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Depoi'lition will be taken before a person authorized to administer oaths, on Friday, 27 April 200 I at I :00 l' .M. at the Ill.w offices of Capozzi &. Associates, 2933 North Front Street, Harrisburg, PelUlSylvania and at any adjournments then:of. Further, pursuant to pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. CAPOZZI & ASSOCIATES, P.C. '1 BY: " JUl-18-2001 03:21PM T-8Tl P.004/008 F-413 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, FROM-CAPOZZI AND ASSOCIATES +717-233-4103 PIaintiff, v. CAPOZZI & ASSOCIATES, P.C. CNIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICA~ OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certify that I did serve a tnle and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER PI. R. C. P. NO. 4001 (c) in the llbovl:: Cliplioned action upon the person and in the manner indicated below: U.S. Fit'St Class Mail, postage ~aicl on the 16th clay of March ANn Hand delivered to the address listed below on the 16 day of March: Cinde Holste c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Marleet Street Lemoyne fA 17043- 0109 C.APOZ7JANP ASS ..-- .. ':1-- b--=C\, , JO ATKAN C.J Esquire ~ Iden 'fication No. 6821 '€A, OZZT AND ASSOCIATES, P.C. 3109 North Front Street fllluisburg,PA 17110 (717) 233- 4101 Attorneys for Defendant lATES. P.C. ------ -p./ Date: P7 /(., f'tJft/\.c.t ~rJ() I ." JUL-18-2001 Oa:21PM FROM-CAPOZZI AND ASSOCIATES +717-2SS-410a T-871 P,005/008 F-41a r-- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Tenn civil Ac.tion - T .1I.W Defendants, NOTICE OF TAKING DEPOSmONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) TO: Patricia A. Snyder c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Stteet P.O. Box 109 Lemoyne, PelUlSy1vania 17043-0109 NOTICE IS lEIEREBYGIVENthat, pursuant to PaR. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to a.-lrninister oaths, on Friday, 27 April 2001 at 3:00 P.M. at the law offices of Capozzi & A.~,o:ociate~. 2933 North Front Street, Harrisburg, Pennsylvania and at any adjUUIIlIllta11$ thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. BY: THAN C. .I Esquire d don No. 68214 1933 North Front Street Harrisburg, PA 17110 (711) 233- 4101 ..~ JUL-18-2001 03:22PM FROM-CAPOZZI AND ASSOCIATES +717-233-4103 T-871 P,006/001 F-413 fr- IN THE COURT OF COMMON PLEAS CUMBEBLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Tenn Civil Action - Law Defendants, cERrunCATEOFSERVICE I, JONA1'H.i\N C. JAMES, ESQUIRE certify thRt T did serve a trUe and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATiON UNDER Fa. R.. C. P. NO. 4001 (c) in dlC above: captioned /lotion upon the person and in the manner indicated below: U.S. First Class Moil, POStaS" p~aid on the 1611I day of Mar en AND Hand delivered to the address listed below on the 16 day of March: Patricia A. Snyder c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart IV. Weidner 301 Market Street Lemoyne PA 17043- 0109 C.APOZZI AND ASSOCIATES. P.C. ATHAN C. J S, Esquire Id lificationNo.68214 ,APOZZI AND ASSOCIATES, P.C. 3109 North Front Street HlUrisburg, PA 17110 (711) 233- 4101 Attorneys tor Defendant ! r" ,: i"- i' t Dllte' Ib /'?1t,l(,.11 ?.au ~ ''" - ~- ,'"". ,J ~ -.- ~ . i~d, JUL-18-2001 08:22PM +717-288-4108 T-871 P.007/00B F-418 ~ THE COCKT o' co'! PI&h9 CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, FROM-CAPOZZI AND ASSOCIATES Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSlTlONS ON ORAL EXAMINATION UNDER Pa. R. C.l'. NO. 4001 (0) TO: Sherry Shmnaker c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylv~Tlill. 17043-0109 NOTICE IS lIIEllEBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Friday, 27 April 2001 at 2:00 P .M. ~L the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. CAPOZZI & MlSOC ---- JONATHAN C. J , Esqub'e Mealion No. 68214 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 JUL-18-2001 03:22PM FROM-CAPOZZI ANO ASSOCIATES +717-233-4103 T-8Tl P,008/009 F-413 r- IN THE COURT OF COMMON PLEAS CUMBElU.AND COUNTY, PENNSYL V ANlA KEYSTONE STAFFING SERVICES me, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVlCE I, JONATHAN C. JAMES, ESQUIRE certity that 1 dJ.d serve a true and correct copy of the am serving a copy nfthe NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the IDl1I1I1er iudiQtcd below: U.S. First Class Mail, postage p~aid on the 16th day of March AND Hand delivere4 to the address listed below on the 16 day of March: Sheny Shumaker c/o David W. DeLuce, Esquire Johnson, DuftY, Stewan &. Weidner 301 Market Street Lemoyne P A 17043- 0109 ~ CAPOZZl ~ ASSO lATES, P.C. JO C.J Identi cation No. 682 14 CAPOZZI AND ASSOCIATES, P.C. 3 I 09 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorneys for Defendant Date: /0 /"'Pr ,:C '7 2-0" I "" JUL-18-2001 03,22PM FROM-CAPOZZI AND ASSOCIATES +717-233-4103 T-871 p,ooa/ooa F-413 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 233-4101 Fax: (717) 233-4103 FAX TO: Hon. Edward Guido FROM: Jonathan. C. James, Esquire ~ DATE: 18 July 2001 FAX NO: 240 6462 Total Pages Sent 9 incluCling cov~r page. ......~....~.......................~.............A~..._........~......... c.oi'lf1nr.ntlAlity Notice The informa.tion in 'hi.. transmission is in\ended on ly for the individual or entity named above. It may be legally privileged and confi,dential. If you have received this informl'tion m error. notilY us immediately bv calling our office at the number listed below. Send the original transmission to US by mail. Return postage is guaranleed. If the reader of this message la no, Lhe ill~"ct"ct recipient. you arc hereby notified mat any disclosure. dissemination. distribution or copying of thi$ communication or its content.s is suicUy pLuhjbi.te:Q_ ......~~............M.~.....................~............................ Please call (717) 233-4101 if this information is unclear or incomplete. . . ~'''''''_.....;,...u..."-" ,j, , ~, -~'- _'1"'--'_' ',0"" - ~-:-, ^,', 1,"~ ';1 , ,~ ,0;:..;';" ' , " , . . Johnson, Duffie, Stewart & Weidner By: David W. DeLuce LD. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Peunsy1vauia 17043-0109 (717) 761-4540 Attorneys for Plaintiff ,JUl a 0 ~/ KEYSTONE STAFFING SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-2961 CIVIL TERM v. CIVIL ACTION - LAW CAPOZZI & ASSOCIATES, P.C., Defendant PRETRIAL MEMORANDUM OF PLAINTIFF, KEYSTONE STAFFING SERVICES, INC. I. BASIC FACTS AS TO LIABILITY Plaintiff is an employment services company that provided services to Defendant in 1998. Plaintiff has not been paid by Defendant for services provided and instituted this suit for collection of amounts due based on breach of contract and quantum meruit. In 1998, Plaintiff provided a temporary employee at the request of Defendant. The weekly time sheets were signed by the Office Administrator of Defendant and returned to Plaintiff who paid the employee and then invoiced the Defendant. Over a period of approximately three (3) months, Plaintiff issued ten (10) invoices for temporary employment services and Defendant paid five (5) of them. Count I of the Complaint seeks payment for the five (5) invoices not paid totaling $2,861.06, plus interest from May 13, 1998 and attorney's fees. Defendant in its Answer denies an amount is due but asserts no factual defense. The weekly time card signed by Defendant's Office Administrator authorized Plaintiff to charge Defendant interest "",,--,-,- ~'~- ~~ at 18% per annum on any charges remaining unpaid after thirty (30) days and that Plaintiff is entitled to reasonable attorney's fees, together with all collection expenses. The second Count of the Complaint arises out of the full time placement of an employee with Defendant by Plaintiff. Defendant, through its Office Administrator, contacted Plaintiff to find a full time placement for a legal secretary. Plaintiff utilized its resources, including advertisement and recruiting services and produced candidates for interview by the Defendant. After an interview process, Defendant selected an employee found by Plaintiff and hired her on a full time basis. Plaintiff invoiced Defendant at its usual and customary charge for a full time placement, less a discount negotiated by Defendant's Office Administrator, in the amount of $4,500.00 plus sales tax of $270.00. Defendant failed and refuses to pay the balance due or any part thereof. Count III of the Complaint is in the alternative to Count II and seeks recovery on the theory of quantum meruit for performing services for Defendant, at Defendant's request, and seeking remuneration. Both Counts seek payment of $4,770.00, plus interest from May 13, 1998. II. BASIC FACTS AS TO DAMAGES Based upon the invoices, Plaintiff is owed $2,861.06 plus interest from May 13, 1998 and attorney's fees pursuant to its invoices under Count I. Under Counts II and III of the Complaint, Plaintiff is due $4,770.00 plus interest from May 13, 1998 as a result of Defendant's failure to pay the monies owed. The attorney's fees and interest will be presented in exhibits at trial. III. PRINCIPLE ISSUES OF LIABILITY AND DAMAGES Count I of this case is nothing more than the collection of a sum certain based upon a contract. Plaintiff provided services which Defendant requested and then acknowledged this on a weekly basis by -2- .1IIlI .',.'-' ' >,-,-, '=' ,;' <- '~- "'~" -- ,--" :'J signing employee time cards evidencing the hours worked by a temporary employee at Defendant's place of business. On the employee time card signed by Defendant's authorized representative, Defendant agreed to be liable for the amount due for the employment services, interest at 18% per annum, attorney's fees and costs of this litigation. While not specifically pled as a defense in the pleadings, it is anticipated that Defendant will allege its Office Administrator did not have the authority to bind the corporation to the contracts asserted in this case. Plaintiff contends that Defendant's Office Administrator had actual authority to bind the Defendant, and if the Court does not agree, Defendant's Office Administrator had apparent authority based upon her actions and that of the Defendant corporation. Actual authority is such as a principal intentionally confers upon the agent, or by want of ordinary care allows the agent to believe herself to possess. In the case of actual authority, the agent has the power to bind her principal because the principal has manifested its intent to be bound by the agent. A principal's manifestations of consent to an agent to act on its behalf may be made also by conduct. See Summary of Pennsylvania Jur. 2d, ~8: 1. Apparent authority is that authority which, although not actually granted, the principal knowingly permits the agent to exercise, or which the principal leads persons with whom the agent deals to believe has been granted to the agent, such as by holding the agent out as possessing the authority. It is the authority a reasonably prudent person, using diligence and discretion in view of the principal's conduct, would naturally suppose the agent to possess. Revere Press, Inc. v. Blumberg, 246 A.2d 407 (1968). A principal who clothes an agent with apparent authority is estopped to deny such authority. Juarbe v. Philadelphia, 431 A.2d 1073 (1981); Fidelman-Danziger, Inc. v. Statler Management, Inc., 136 A.2d 119 (1957). Agency by estoppel exists when there is negligence on the part of the principal in failing to correct the belief of a third party -3- ".<Ii.'" ~~-..wc,- ~- . -e.- . ~ _, - ,,~- ~o " '=' ",~"" ~'-"- -,"-- concerning the agent's authority, and justifiable reliance by the third party. Thus, the principal is bound by the acts of its agent because the principal has the duty under the circumstances to correct a third party's misapprehension that an agent is acting on its behalf and that principal has failed to satisfy that duty, and so justifies others in believing the agent possesses the requisite authority. See Summary of Pennsylvania Jur. 2d, ~8:6. Plaintiff's dealings were with Defendant's Office Administrator, Marlene Moyer, who ordered both the temporary employee and the services which are the subject of Counts II and III, finding a full time legal secretary. In both situations, the employment services were provided to the Defendant corporation, some of the invoices were paid, and no objection to the placement of these employees with Defendant was made until well after the services had been performed and upon Plaintiff seeking payment. This is far too late. The actions of the Defendant corporation clearly show that the Office Administrator had both the actual and apparent authority to bind the corporation. Counts II and III are also based upon a collection for services provided to Defendant, at Defendant's request. Defendant, through its Office Administrator, the same person who signed the time cards which are the subject of Count I, contacted Plaintiff and requested that Plaintiff find a full time legal secretary for Defendant. Plaintiff used its resources, including advertising and its contacts and provided numerous candidates for Defendant to interview and select. After going through the interview process, Defendant offered the position to Patricia A. Snyder and she was employed on a full time basis by Defendant. Plaintiff then invoiced Defendants its usual and customary fee, less a discount negotiated by Defendant's Office Administrator. Said invoice has never been paid. Plaintiff's theories of recovery are breach of contract and quantum meruit. - 4- ~-- - . ,"__o~.-. -'_'"" "~.- - "'~. '" ","-,'" "~ , --, IV. SUMMARY OF LEGAL ISSUES REGARDING ADMISSIBILITY OF TESTIMONY, EXHIBITS OR ANY OTHER MA TTER Plaintiff is unaware of any legal issues regarding the admissibility of testimony or exhibits. Plaintiffs counsel notified Defendant's counsel on at least two occasions in written correspondence (April 20, 2001 and June 11, 2001) that unless this case was resolved shortly, Plaintiff intended to list the case for trial within two (2) weeks of the letters. Plaintiff also indicated in the correspondence that if Defendant wanted to take any discovery to please schedule it as soon as possible so as not to further delay this case, which occurred with the Defendant continuing a previously scheduled Arbitration Hearing and being uncooperative in rescheduling for another time. Plaintiff listed this case for trial by filing a Praecipe with the Prothonotary on July 5, 2001 and sent a copy of the Praecipe on July 3, 2001 to Defendant. On July 23, 2001, Defendant served Notices of Deposition upon Plaintiffs counsel and scheduled depositions for September 10, 2001. Plaintiff will produce its employees for depositions and the trial can be scheduled for shortly thereafter. V. WITNESSES A. Cinde Holste B. Sherry Shumaker C. Patricia A. Snyder Plaintiff reserves the right to call other witnesses depending upon any further discovery or any further information obtained in the course of preparing for this trial, and such witnesses shall be identified to opposing counsel. .5- VI. LIST OF EXHIBITS A. Keystone Staffing Services, Inc. Invoice Nos. 337, 408, 476, 745, 814, 885, 949, 1011,612 and 746 and the accompanying employee time card for each of these designated invoices. B. Invoice No. 338 in the amount of $4,770.00 dated February 11, 1998. C. Keystone Staffing Services, Inc. Job Order Form No. 0291. D. Fax transmittal dated January 28, 1998 from Cinde Holste to Marlene Moyer and the attached resume of Diane Jackson E. Fax transmittal dated February 2, 1998 from Cinde Holste to Marlene Moyer with attached resume. F. Fax transmittal dated February 3, 1998 from Cinde Holste to Marlene Moyer with attached resume. G. Fax transmittal dated February 11, 1998 from Cinde Holste to Marlene Moyer with attached resume. H. Fax transmittal dated February 12, 1998 from Cinde Holste to Marlene Moyer with attached resume. .6- I. Fax transmittal dated February 19, 1998 from Cinde Holste to Marlene Moyer with attached resume. J. Copies of various newspaper advertisements by Keystone Staffing Services, Inc. for a legal secretary. K. Keystone Staffing Services, Inc. Job Order Form No. 0294 for Capozzi & Associates. L, Keystone Staffing Services, Inc. Job Order Form No. 0316 for Capozzi & Associates. M. Keystone Staffing Services, Inc. Job Order Form No. 0362 for Capozzi & Associates. N. Invoice Nos. 30591, 35463 and 35329 and accompanying time cards for Keystone Temporary Services, Inc. to Latsha & Capozzi, P.C. O. Invoice for legal services rendered in this case from Johnson, Duffie, Stewart & Weidner to Keystone Staffing Services, Inc. P. Damages calculation prepared by Keystone Staffing Services, Inc. for monetary damages resulting to it in this case. a. Any other documents received through discovery in this case which will be identified and provided to other counsel prior to trial. -7- - L_ = ~ ~ . < '" ,".f-,~' '. ^'~ .,' > -.'0-' VII. STA TUS OF SETTLEMENT NEGOTIA TIONS While there have been some settlement negotiations since the time of the Arbitration Hearing on April 3, 2001, the parties have been unable to reach an agreement. Since this will be a non-jury trial. unless requested by the Court, Plaintiff will not discuss the terms of the settlement discussions and the current positions of the parties. T & WEIDNER B: :148510 .8- CERTIFICA TE OF SERVICE AND NOW; this 4 day of July, 2001, the undersigned does hereby certify that he did this date serve a copy of the foregoing Pretrial Memorandum upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Jonathan C. James, Esquire Capozzi & Associates, P.C. 2933 N. Front Street Harrisburg, PA 17110 By: -9- ~,lit''''''''''' ~ ~- .r~"'- ~ .. ~ <" ~ ~~ L -~.-...... -1'~Ii- . Johnson, Duffie, Stewart & Weidner By: David W. DeLuce LD. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pe:tUlsy1vania 17043-0109 (717) 761-4540 Attorneys for Plaintiff .~UL ''/yr01 KEYSTONE STAFFING SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2961 CIVIL TERM v. CIVIL ACTION - LAW CAPOZZI & ASSOCIATES, P.C., Defendant PRETRIAL MEMORANDUM OF PLAINTIFF, KEYSTONE STAFFING SERVICES, INC. I. BASIC FACTS AS TO LIABILITY Plaintiff is an employment services company that provided services to Defendant in 1998. Plaintiff has not been paid by Defendant for services provided and instituted this suit for collection of amounts due based on breach of contract and quantum meruit. In 1998, Plaintiff provided a temporary employee at the request of Defendant. The weekly time sheets were signed by the Office Administrator of Defendant and returned to Plaintiff who paid the employee and then invoiced the Defendant. Over a period of approximately three (3) months, Plaintiff issued ten (10) invoices for temporary employment services and Defendant paid five (5) of them. Count I of the Complaint seeks payment for the five (5) invoices not paid totaling $2,861.06, plus interest from May 13, 1998 and attorney's fees. Defendant in its Answer denies an amount is due but asserts no factual defense. The weekly time card signed by Defendant's Office Administrator authorized Plaintiff to charge Defendant interest '."-~. ---.. I ~, ~'~ at 18% per annum on any charges remaining unpaid after thirty (30) days and that Plaintiff is entitled to reasonable attorney's fees, together with all collection expenses. The second Count of the Complaint arises out of the full time placement of an employee with Defendant by Plaintiff. Defendant, through its Office Administrator, contacted Plaintiff to find a full time placement for a legal secretary. Plaintiff utilized its resources, including advertisement and recruiting services and produced candidates for interview by the Defendant. After an interview process, Defendant selected an employee found by Plaintiff and hired her on a full time basis. Plaintiff invoiced Defendant at its usual and customary charge for a full time placement, less a discount negotiated by Defendant's Office Administrator, in the amount of $4,500.00 plus sales tax of $270.00. Defendant failed and refuses to pay the balance due or any part thereof. Count III of the Complaint is in the alternative to Count II and seeks recovery on the theory of quantum meruit for performing services for Defendant, at Defendant's request, and seeking remuneration. Both Counts seek payment of $4,770.00, plus interest from May 13, 1998. II. BASIC FACTS AS TO DAMAGES Based upon the invoices, Plaintiff is owed $2,861.06 plus interest from May 13,1998 and attorney's fees pursuant to its invoices under Count I. Under Counts II and III of the Complaint, Plaintiff is due $4,770.00 plus interest from May 13, 1998 as a result of Defendant's failure to pay the monies owed. The attorney's fees and interest will be presented in exhibits at trial. III. PRINCIPLE ISSUES OF LIABILITY AND DAMAGES Count I of this case is nothing more than the collection of a sum certain based upon a contract. Plaintiff provided services which Defendant requested and then acknowledged this on a weekly basis by - 2- =~_.~- ..~ signing employee time cards evidencing the hours worked by a temporary employee at Defendant's place of business. On the employee time card signed by Defendant's authorized representative, Defendant agreed to be liable for the amount due for the employment services, interest at 18% per annum, attorney's fees and costs of this litigation. While not specifically pled as a defense in the pleadings, it is anticipated that Defendant will allege its Office Administrator did not have the authority to bind the corporation to the contracts asserted in this case. Plaintiff contends that Defendant's Office Administrator had actual authority to bind the Defendant, and if the Court does not agree, Defendant's Office Administrator had apparent authority based upon her actions and that of the Defendant corporation. Actual authority is such as a principal intentionally confers upon the agent, or by want of ordinary care allows the agent to believe herself to possess. In the case of actual authority, the agent has the power to bind her principal because the principal has manifested its intent to be bound by the agent. A principal's manifestations of consent to an agent to act on its behalf may be made also by conduct. See Summary of Pennsylvania Jur. 2d, 98:1. Apparent authority is that authority which, although not actually granted, the principal knowingly permits the agent to exercise, or which the principal leads persons with whom the agent deals to believe has been granted to the agent, such as by holding the agent out as possessing the authority. It is the authority a reasonably prudent person, using diligence and discretion in view of the principal's conduct, would naturally suppose the agent to possess. Revere Press, Inc. v. Blumberg, 246 A.2d 407 (1968). A principal who clothes an agent with apparent authority is estopped to deny such authority. Juarbe v. Philadelphia, 431 A.2d 1073 (1981); Fidelman-Danziger, Inc. v. Statler Management, Inc., 136 A.2d 119 (1957). Agency by estoppel exists when there is negligence on the part of the principal in failing to correct the belief of a third party .3- ,'~~<Iii. .-- .~ ._j "c '~, ~lIf1jjj,_llV',,; concerning the agent's authority, and justifiable reliance by the third party. Thus, the principal is bound by the acts of its agent because the principal has the duty under the circumstances to correct a third party's misapprehension that an agent is acting on its behalf and that principal has failed to satisfy that duty, and so justifies others in believing the agent possesses the requisite authority. See Summary of Pennsylvania Jur. Plaintiff's dealings were with Defendant's Office Administrator, Marlene Moyer, who ordered both the II " I I I ! I I i I I I ,i :-i I 2d, 98:6. temporary employee and the services which are the subject of Counts II and III, finding a full time legal secretary. In both situations, the employment services were provided to the Defendant corporation, some of the invoices were paid, and no objection to the placement of these employees with Defendant was made until well after the services had been performed and upon Plaintiff seeking payment. This is far too late. The actions of the Defendant corporation clearly show that the Office Administrator had both the actual and apparent authority to bind the corporation. Counts II and III are also based upon a collection for services provided to Defendant, at Defendant's request. Defendant, through its Office Administrator, the same person who signed the time cards which are the subject of Count I, contacted Plaintiff and requested that Plaintiff find a full time legal secretary for Defendant. Plaintiff used its resources, including advertising and its contacts and provided numerous candidates for Defendant to interview and select. After going through the interview process. Defendant offered the position to Patricia A. Snyder and she was employed on a full time basis by Defendant. Plaintiff then invoiced Defendants its usual and customary fee, less a discount negotiated by Defendant's Office Administrator. Said invoice has never been paid. Plaintiff's theories of recovery are breach of contract and quantum meruit. .4- ''"-~'''~I<O'~ "'" ~ "- ,~~ II~Wc_"" IV. SUMMARY OF LEGAL ISSUES REGARDING ADMISSIBILITY OF TESTIMONY, EXHIBITS OR ANY OTHER MA TTER Plaintiff is unaware of any legal issues regarding the admissibility of testimony or exhibits. Plaintiff's counsel notified Defendant's counsel on at least two occasions in written correspondence (April 20, 2001 and June 11, 2001) that unless this case was resolved shortly, Plaintiff intended to list the case for trial within two (2) weeks of the letters. Plaintiff also indicated in the correspondence that if Defendant wanted to take any discovery to please schedule it as soon as possible so as not to further delay this case, which occurred with the Defendant continuing a previously scheduled Arbitration Hearing and being uncooperative in rescheduling for another time. Plaintiff listed this case for trial by filing a Praecipe with the Prothonotary on July 5, 2001 and sent a copy of the Praecipe on July 3,2001 to Defendant. On July 23.2001, Defendant served Notices of Deposition upon Plaintiff's counsel and scheduled depositions for September 10, 2001. Plaintiff will produce its employees for depositions and the trial can be scheduled for shortly thereafter. V. WITNESSES A. Cinde Holste B. Sherry Shumaker C. Patricia A. Snyder Plaintiff reserves the right to call other witnesses depending upon any further discovery or any further information obtained in the course of preparing for this trial, and such witnesses shall be identified to opposing counsel. "5- ....:. ",~-"',d' ~~ ,,~i' VI. LIST OF EXHIBITS A. Keystone Staffing Services, Inc. Invoice Nos. 337, 408, 476, 745, 814, 885, 949, 1011,612 and 746 and the accompanying employee time card for each of these designated invoices. B. Invoice No. 338 in the amount of $4,770.00 dated February 11, 1998. C. Keystone Staffing Services, Inc. Job Order Form No. 0291. D. Fax transmittal dated January 28, 1998 from Cinde Holste to Marlene Moyer and the attached resume of Diane Jackson E. Fax transmittal dated February 2, 1998 from Cinde Holste to Marlene Moyer with attached resume. F. Fax transmittal dated February 3, 1998 from Cinde Holste to Marlene Moyer with attached resume. G. Fax transmittal dated February 11, 1998 from Cinde Holste to Marlene Moyer with attached resume. H. Fax transmittal dated February 12, 1998 from Cinde Holste to Marlene Moyer with attached resume. ,6- ,~ ...' - ~~~- ~",! ,,)1 i!j , I. Fax transmittal dated February 19, 1998 from Cinde Holste to Marlene Moyer with attached resume. J. Copies of various newspaper advertisements by Keystone Staffing Services, Inc. for a legal secretary. K. Keystone Staffing Services, Inc. Job Order Form No. 0294 for Capozzi & Associates. L. Keystone Staffing Services, Inc. Job Order Form No. 0316 for Capozzi & Associates. M. Keystone Staffing Services, Inc. Job Order Form No. 0362 for Capozzi & Associates. N. Invoice Nos. 30591, 35463 and 35329 and accompanying time cards for Keystone Temporary Services, Inc. to Latsha & Capozzi, P.C. O. Invoice for legal services rendered in this case from Johnson, Duffie, Stewart & Weidner to Keystone Staffing Services, Inc. P. Damages calculation prepared by Keystone Staffing Services, Inc. for monetary damages resulting to it in this case. Q. Any other documents received through discovery in this case which will be identified and provided to other counsel prior to trial. -7- ~~""=..""""".~~ - _,J ~-" ~ " ~;;io' VII. STATUS OF SETTLEMENT NEGOTlA TIONS While there have been some settlement negotiations since the time of the Arbitration Hearing on April 3, 2001, the parties have been unable to reach an agreement. Since this will be a non-jury trial, unless requested by the Court, Plaintiff will not discuss the terms of the settlement discussions and the current positions of the parties. :148510 , T & WEIDNER -8- ",""''''-~'- ~..... - , W@lIRi. CERTlFICA TE OF SERVICE AND NOW; this '2~, day of July, 2001. the undersigned does hereby certify that he did this date serve a copy of the foregoing Pretrial Memorandum upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne. Pennsylvania, addressed as follows: Jonathan C. James, Esquire Capozzi & Associates, P.C. 2933 N. Front Street Harrisburg, PA 17110 By: -9- ~.Ji ~'_ I iJ. - l ~ -_ ''" . ..;~, JUL 3 0 2001~~ JONATHAN C. JAMES, Esquire Identifieadon No. 68214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CMLCOMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendant, PRETRIAL MEMORANDUM OF DEFENDANT, CAPOZZI & ASSOCIATES. P.C. 1. FACTS Defendant is a law firm in Harrisburg that occasionally used the services of the Plaintiff. Plaintiff supplied Defendant with a temporary employee, Diane Jackson during March and April of 1998. In practice, Ms. Jackson submitted weekly time sheets evidencing her hours and someone from the firm would acknowledged them. Initially, the Office Manager, . ,Marlene Moyer signed the time sheets however Ms. Moyer left the firm after 15 March 1998. Thereafter the time sheets are acknowledged by Donna Lutz, the firm receptionist. Ms. Lutz's signature is clearly visible on the Plaintiff's exhibits. Plaintiff invoiced Defendant and Defendant paid the invoices. With regard to the second count of Plaintiff's Complaint it is acknowledged the firm employed Patricia Snyder. It is further acknowledged that Ms. Snyder was interviewed by Ms. Moyer. It is denied the office ever entered into negotiations with the Plaintiff to pay 1 ~- ~ ,-,j , .-'," 'n:.~ Plaintiff a surcharge, finder's fee or something similar for providing the Defendant with a worker as only Louis Capozzi had the authority to bind the finn contractually for the amount of money contemplated by the Plaintiff. ~ Communication between Plaintiff and Defendant were conducted casually, usually on the telephone and Plaintiff never proffered a writing describing the fee structure contemplated by Plaintiff. II. ISSUES A. Is the Plaintiff entitled to recovery for providing a temporary employee to Defendant? Answer: No. B. In the absence of a contract evidencing terms and conditions for employee placement, is the Plaintiff entitled to recovery for placing a full time employee with the Defendant? Answer: No. III. DISCUSSION Count I It is the current position of the Defendant that the invoices regarding Diane Jackson as referenced in Count I of the Complaint were received and subsequently satisfied. It should be noted Patricia Snyder began work at the firm before Ms. Jackson. The firm hired Ms. Snyder in early February 1998 while Ms. Jackson started as a temporary employee in March 1998. The timesheets used to track Ms. Jackson's hours and provided to the Defendant by the Plaintiff, have on their reverse a form of contract language. At 2 I ~ il_n "__'J _n"_ _. the top of the reverse of the timesheet the phrase "customer contract" is printed. The Plaintiff did not provide such a document with regard to Ms. Snyder. Count II, III The Officer Manager, Marlene Moyer, did not have the authorio/ to bind the firm to the contractual arrangement contemplated by the Plaintiff. In fact, the Office Manager never even had the apparent authority to commit the firm to the type of payment contemplated by the Plaintiff. The Officer Manager never held herself out to have the authority alleged by the Plaintiff whether apparent or otherwise. If, according to Revere Press, Inc. v Blumberg, 246 A.2d 407 (196&), actual authority is defined as the ability of the agent to bind the principal because the principle has manifested its intent to be bound by the agent and apparent authority is the authority a reasonably prudent person, using diligence and discretion in view of the principal's conduct would naturally suppose the agent to possess, then it would be reasonable to review whether the Plaintiff acted with sufficient diligence and discretion. Defendant submits Plaintiff never adequately disclosed the express terms and conditions under which a legal secretary would be provided and that had they done so their terms and , ,conditions would have been swiftly rejected. Moreover, Defendant avers this "disclosure" is part and parcel of the Plaintiff's obligation to be reasonably prudent and diligent ifit wants to assert the apparent authority argument. The Plaintiff never put the Defendant on notice of Plaintiff's contemplated cost for providing a legal secretary to the Defendant when the Defendant first contacted the Plaintiff and made inquiry regarding same. The Plaintiff never proffered a written agreement to Capozzi & Associates, P.C describing the terms and conditions under -"'-'c' , 'J ~ I Ii I II 'I II I II II I I I ~ " " I !j ~ ~ 3 I" "-~~ '-'--'.,"'0' ~~ - ~ -, ^'- - ~ 'j:j." which a legal secretary would be provided. The Plaintiff never provided a writing to the Office Manager describing the tenns and conditions under which a legal secretary would be provided. The Plaintiff, in speaking with the Office Manager did not describe the tenns and conditions under which a legal secretary would be provided. The office policy handbook expressly prohibits the Office Manager from executing contracts in excess of $1,000.00 without Mr. Capozzi's express review and assent. If the Plaintiff had disclosed the terms to the Office Manager then the Office Manager would have had the matter reviewed by Mr. Capozzi. There is no written agreement between Plaintiff and Defendant authorizing payment of a surcharge, finder's fee or something similar for providing the firm with a legal secretary. The general rule that the burden of proof rests on the party having the affirmative of the issue is applicable to actions on contracts; thus, the burden of proving the existence of a contract is on the party asserting it. See Pennsylvania Law Encyclopedia, Volume 8, Chapter 10- Contracts ~392 Presumptions and Burden of Proof Likewise the burden is on Plaintiff to establish the tenns of the contract on which he bases his claim. See, Ibid. Plaintiff has neither proven the existence of a contract nor established its tenns; Plaintiff therefore, does not have a contract with Defendant upon which he can recover. IV. CONCLUSION Plaintiff is not entitled to recovery on any of the counts set forth in the Complaint. 4 ~ I '-..",- V. WITNESSES A. Marlene Moyer B. Louis Capozzi Defendant reserves the right to call additional wilnesses depending upon further discovery or additional information obtained. The additional wilnesses will be identified to opposing counsel. Respectfully submitted, APOZZI AND ASSOCIATES, P.C. J THAN C. JAMES, Esquire en' cation No. 68214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorneys for the Defendant Date::)D ~vL-'( 'Lao \ "0 c' -'" ~;'i 5 "'I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I certify that I am serving a copy of the Defendant's Arbitration Brief in the above captioned action upon the person and in the manner indicated below: Hand delivered to the address listed below: David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 Respectfully submitted, CAPOZZI AND ASSOCIATES, P.C. ~~, entification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, P A 17110 (717) 233- 4101 Attomeys for Defendant Date: 30 July 2001 6 - ,-- -" -^, ~ ~~ JUL 3 0 20~ JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendant, PRETRIAL MEMORANDUM OF DEFENDANT, CAPOZZI & ASSOCIATES. P.C. I. FACTS Defendant is a law firm in Harrisburg that occasionally used the services of the Plaintiff. Plaintiff supplied Defendant with a temporary employee, Diane Jackson during March and April of 1998. In practice, Ms. Jackson submitted weekly time sheets evidencing her hours and someone from the firm would acknowledged them. Initially, the Office Manager, ,Marlene Moyer signed the time sheets however Ms. Moyer left the firm after 15 March 1998. Thereafter the time sheets are acknowledged by Donna Lutz, the firm receptionist. Ms. Lutz's signature is clearly visible on the Plaintiffs exhibits. Plaintiff invoiced Defendant and Defendant paid the invoices. With regard to the second count of Plaintiff's Complaint it is acknowledged the firm employed Patricia Snyder. It is further acknowledged that Ms. Snyder was interviewed by Ms. Moyer. It is denied the office ever entered into negotiations with the Plaintiff to pay 1 .--; ~ ,.;"'- .;J --O!:lL--" ~I Plaintiff a surcharge, tinder's fee or something similar for providing the Defendant with a worker as only Louis Capozzi had the authority to bind the finn contractually for the amount of money contemplated by the Plaintiff. Communication between Plaintiff and Defendant were conducted casually, usually on the telephone and Plaintiff never proffered a writing describing the fee structure contemplated by Plaintiff. II. ISSUES A. Is the Plaintiff entitled to recovery for providing a temporary employee to Defendant? Answer: No. B. In the absence of a contract evidencing terms and conditions for employee placement, is the Plaintiff entitled to recovery for placing a full time employee with the Defendant? Answer: No. III. DISCUSSION Count I It is the current position of the Defendant that the invoices regarding Diane Jackson as referenced in Count I of the Complaint were received and subsequently satisfied. It should be noted Patricia Snyder began work at the firm before Ms. Jackson. The tirm hired Ms. Snyder in early February 1998 while Ms. Jackson started as a temporary employee in March 1998. The timesheets used to track Ms. Jackson's hours and provided to the Defendant by the Plaintiff, have on their reverse a form of contract language. At 2 . "I ';" ,', ~.~ ,,-,', -- - """',-~ ..- > '< 1&" the top of the reverse of the timesheet the phrase "customer contract" is printed. The Plaintiff did not provide such a document with regard to Ms. Snyder. Count II, III The Officer Manager, Marlene Moyer, did not have the authority to bind the firm to the contractual arrangement contemplated by the Plaintiff. In fact, the Office Manager never even had the apparent authority to commit the firm to the type of payment contemplated by the Plaintiff. The Officer Manager never held herself out to have the authority a11egedby the Plaintiff whether apparent or otherwise. If, according to Revere Press, Inc. v Blumberg, 246 A.2d 407 (1968), actual authority is defined as the ability of the agent to bind the principal because the principle has manifested its intent to be bound by the agent and apparent authority is the authority a reasonably prudent person, using diligence and discretion in view of the principal's conduct would naturally suppose the agent to possess, then it would be reasonable to review whether the Plaintiff acted with sufficient diligence and discretion. Defendant submits Plaintiff never adequately disclosed the express terms and conditions under which a legal secretary would be provided and that had they done so their terms and . ,conditions would have been swiftly rejected. Moreover, Defendant avers this "disclosure" is part and parcel of the Plaintiff's obligation to be reasonably prudent and diligent ifit wants to assert the apparent authority argument. The Plaintiff never put the Defendant on notice of Plaintiff's contemplated cost for providing a legal secretary to the Defendant when the Defendant first contacted the Plaintiff and made inquiry regarding same. The Plaintiff never proffered a written agreement to Capozzi & Associates, P.C describing the terms and conditions under 3 - --,,-, " ''''. ",,0.-,..,'. 1iilrj which a legal secretary would be provided. The Plaintiff never provided a writing to the Office Manager describing the terms and conditions under which a legal secretary would be provided. The Plaintiff, in speaking with the Office Manager did not describe the terms and conditions under which a legal secretary would be provided. The office policy handbook expressly prohibits the Office Manager from executing contracts in excess of $1,000.00 without Mr. Capozzi's express review and assent. If the Plaintiff had disclosed the terms to the Office Manager then the Office Manager would have had the matter reviewed by Mr. Capozzi. There is no written agreement between Plaintiff and Defendant authorizing payment of a surcharge, finder's fee or something similar for providing the firm with a legal secretary. The general rule that the burden of proof rests on the party having the affirmative of the issue is applicable to actions on contracts; thus, the burden of proving the existence of a contract is on the party asserting it. See Pennsylvania Law Encyclopedia, Volume 8, Chapter 10- Contracts 9392 Presumptions and Burden of Proof Likewise the burden is on Plaintiff to establish the terms of the contract on which he bases his claim. See, Ibid. Plaintiff has neither proven the existence of a contract nor established its terms; Plaintiff therefore, does not have a contract with Defendant upon which he can recover. IV. CONCLUSION Plaintiff is not entitled to recovery on any of the counts set forth in the Complaint. 4 ',x.-' ,-<.- ,-- , ~V''l!f"j V. WITNESSES A. Marlene Moyer B. Louis Capozzi Defendant reserves the right to call additional witnesses depending upon further discovery or additional information obtained. The additional witnesses will be identified to opposing counsel. Respectfully submitted, APOZZI AND ASSOCIATES, P.C. J THAN C. JAMES, Esquire en. cation No. 68214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorneys for the Defendant Date::)D ~v(...'( 'L.ao \ 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I certify that I am serving a copy of the Defendant's Arbitration Brief in the above captioned action upon the person and in the manner indicated below: Hand delivered to the address listed below: David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 Respectfully submitted, CAPOZZI AND ASSOCIATES, P.C. JO ATHAN . JAMES, Esquire entification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233-4101 AttomeysfurDerendant Date: 30 July 2001 !1 ;i , ;J , ! ) ! :-1 i1 i 6 ''''-- , ,~ "'-""'-' - 1-' _~ _,_ -;- -," _''', i,,," ~ ~ < " / .it; ,,-'\ '"" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) TO: Cinde Holste c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Monday, 10 September 2001 at 1:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. CAPOZZI & ASSOCIATES, P.C. BY: JONA C. JAMES, Es . cation No. 68214 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 I "'.: ..., " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certify that I did serve a true and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: U.S. First Class Mail, postage prepaid on 23 July 2001 AND hand delivered to the address listed below on 23 July 2001: Cinde Holste c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street LemoynePA 17043-0109 THAN C. JAMES, I e cation No. 68214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorneys for Defendant Date: 23 July 2001 !i:i!!~lM11i1lldijlt~~~"'."'til..J,...;"";....m,,~- . j.,U'h'.-~,-Y-" __L__. ~,-~ ' , ",;".."-'--'3'-,-", '" r--. .~v n r: ?' ~2'l-,~-: "",-'::1' :::':J ;-" "" =-:-~:,-, '::~T;< :::',>" '-j -<. ~ -".,~. -~ '~-'J' .) (J') .,.'.. ('" l~~: ',-"' '--j ,;- ,- ~ -, " .,. \ ~;-"-,,, , -r- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (e) TO: Patricia A. Snyder c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043"0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Monday, 10 September 2001 at 3:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. B -' \. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certify that I did serve a true and correct copy ofthe am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: U.S. First Class Mail, postage prepaid on 23 July 2001 AND hand delivered to the address listed below on 23 July 2001; Patricia A. Snyder c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 CAPOZZI AND ASSOCIATES, P.c. JO N C. JAMES, dentifi ation No. 68214 C ZIANDASSOCIATES,P.C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorneys for Defendant Date: 23 July 2001 !!Jl!1ill~Ii!iii~~~~__!ilIl'IItii$,li .'W~ ~LI]" p.,,_ I',~' ,'_ '-".._~)~.. ,,\-,_ ""'-'):~""- [[ill ,-' "-'^_''';cS,.. ). '" Lo_ " "'-.' ,-," ,.,.'"" "," 1iIIll11i ,. " , \J 9 Sf, ~~ l-\ t~ v ~ F ~~ -c-- \-> J1~ -tl, J: "0 -\:l.- ~~ ,i, .?, -0 J>cr :3 }~ ~'S u -2 .'- ...., - -'" 6"" .~ i_, "", . ~ - """.. - -~. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDERPa. R. C. P. NO. 4001 (c) TO: Sherry Shumaker c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Monday, 10 September 2001 at 2:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. JON THAN C. J , Esquire tification No. 68214 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 - ,,' , illllll__iIJ' ... ',j~~~MI~~'''-'~'"-~---~ )~" ~-, ~"" '~~ "",,,,"' ...... 00 . ~- ",...'~ o C; '"-, -G~' C~;\\:: , ~~ ~~i ~~_ ~:" ",--: - <""c' )C")~ Dld~wr '~ ;~<) -< co - ' ,_0 t'<) ...1 ~ J.. ,~ , ,~-; ~ '. -' . .. . "" " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certifY that I did serve a true and correct copy ofthe am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: U.S. First Class Mail, postage prepaid on 23 July 2001 AND hand delivered to the address listed below on 23 July 2001: Sherry Shumaker c/o David W. DeLuce, Esquire Johnson, DuffY, Stewart & Weidner 301 Market Street Lemoyne P A 17043- 0109 CAPOZZ SOCIATES, P.C. T C. JAMES, Esquire Id 'fication No. 68214 POZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorneys for Defendant Date: 23 July 2001 --~"~. ~"""",-"""",,._~. .""lMil:ilt~~lOlirlH:~';"" _"_,"","",90_ ~~~rI8~M~- ''''--' ~H_ >, '-, ~ ..., ~. ;L_" "",- __4"< ., -,;. st~b- ::2: en -< ~:::::: \.... :J>,._, /,,;- p ~:~~ o C' "'~:- -< .,,- '~ " "! ':"':.= ", . , ,,, .>- ~~) (;-'> :.'i:J ~ --~ Bruce G. Baron, Research Coordinator Amy A. Keim, Paralegal Tanya L. zerbe, Paralegal Thomas M. Coreau, Paralegal , ,}~ l iPS 20m3 , "~'''~ '.-;ii/'"' J$~!{~1j,l 2933 North Front Street Harrisburg, PA 17110 Louis]. Capozzi, Jr:.. EsquiJ:e , " Daniel K Nacirboff, Esquire Stephen A. Miller, Esquire Jonathan C.James, E5quire Elizabeth S. Antoun, R.N., Esquire Michael A. Bynum, Esquire Danielle Wesley, Esquire Gwendolyn S. Hailey, Esquire Telephone: (717) 233-4101 Fax: (717) 233-4103 W'NW.capozziassociates.com Of Counsel: Steven T. Hanford, Esquire Honorable Edward Guido 1 Courthouse Square Carlisle, PA 17013- 3387 Via Fax & Post RE._Keystone Sta:ffiggService~J!lc. y Capozzi 81; AS,s.ociates, P.C. No.: 20QO-2961 Cj;liliB~rrl'iridCountyC.(;J~, .,..., "-~--our-MatterNo::29T9~(jO~----~---' .,_._~------ Dear Judge Guido, Enclosed please find Notice Of Taking Depositions served on counsel for Defendant Keystone Staffing, If you have questions or concerns please call this office and they will be addressed promptly. an C. James, sq . e ey for defendant, Capozzi & Associates, P.C. Enclosure cc: File Jtl~- - . . ~L ...iir: " ... I A' J! J U l2 '5 20Gt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) TO: Sherry Shumaker c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Monday, 10 September 2001 at 2:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. OCIATES, P.C. JON THAN C. J , Esquire tification No. 68214 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 ,"- ..C " ,~ 'll:r ... I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certify that I did serve a true and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: u.S. First Class Mail, postage prepaid on 23 July 2001 AND hand delivered to the address listed below on 23 July 2001: Sherry Shumaker c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street LemoynePA 17043- 0109 T C. JAMES, Esquire 'fication No. 68214 OZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorneys for Defendant Date: 23 July 2001 ,. .~ ~..L~ 0',- c,J '" _ "_'~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, V1 JUt 2'5 2001 j..... , Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDERPa. R. C. P. NO. 4001 (c) TO: Patricia A. Snyder c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Monday, 10 September 2001 at 3:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned 1iligation. B BAN C. J S, Esquire e 1cation No. 68214 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 - . .. ,- .'" ,V."" "-'< -"", . '-'i; '-,., j , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KEYSTONE STAFFING SERVICES INC, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law r l I t k r I f , t , r: , t. , Plaintiff, Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certify that I did serve a true and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: U.S. First Class Mail, postage prepaid on 23 July 2001 AND hand delivered to the address listed below on 23 July 2001; Patricia A. Snyder c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street LemoynePA 17043-0109 CAPOZZI AND ASSOCIATES, P.C. JO C. JAMES, dentifi ation No. 68214 C ZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attomeys for Defendant Date: 23 July 2001 . -' ~ ~"' .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDERPa. R. C. P. NO. 4001 (c) TO: Cinde Holste c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Monday, 10 September 2001 at 1:00 P.M. at the law offices of Capozzi & Associates, 2933 North Front Street, Harrisburg, Pennsylvania and at any adjournments thereof. ,",;'", -~,,: JUt 2'520# Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. CAPOZZI & ASSOCIATES, P.C. JONA C. JAMES, Es e . cation No. 68214 2933 North Front Street Harrisburg, PA 17110 (717) 233- 4101 . ll_ ,,' . <'~"",-~, ," ,"'- ~'-." " '-Wt ... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certify that I did serve a true and correct copy of the am serving a copy ofthe NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated below: u.S. First Class Mail, postage prepaid on 23 July 2001 AND hand delivered to the address listed below on 23 July 2001: Cinde Holste c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street LemoynePA 17043-0109 ES,P.C. THAN C. JAMES, I cation No. 68214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorneys for Defendant Date: 23 July 2001 ""'......~~r="'"_.< ,'^ ~ ~,~~ "- '"' .~, " ~,.- - JUL-23-2001 05:35PM FROM-CAPOZZI AND ASSOCIATES LoUIS]. Capo"';,]'" Esquire " , Danid K_ NiU.ill}on~ l~tlf.{I,l.i.L1: S"'f'hon A. Milla, Esquire JVllitLhaLl C. J\.l.m!::lS.. Esquire: EIi>.bcth S. Amnun, R.N., Esquire Michael A. I-Iynnm, F-,'l..u-< Daniell. Wesley, ~~5qui:r< CwcndQJyn S. HQib!y, Euquir.:s +71T-m-4103 "Arm.,.. ~ R::l1'l'Ul, Rr:~~:m:h Coordinator Amy A. K.im, Parnlcgal Tanya L. Zerbe, P:lralegol T1wm'" M. Coreau, ""rnlegal Honorable Edward Guido 1 Courthouse Square CiU"1i~le, PA 17013- 3387 Illllllilill "~~,t-b'.-' T-903 P,OOl/008 F-499 2'JJJ .North I'font b~.,;.t Harrisburg, PA 17110 Telephone: (717) 233-4101 F.., (717) 233-4103 'WWW.caprnetiassocilltes.oom Of Coun..!: SfeV9n T. J. Ianford1 Rt;.q1,l:lfll! JUL 232001 Via Fax & POSI RE Keystone Stalling SCTVlCeS, Inc. v Capozzi & Associates, P.C. No.: 2000. 2961 Cumberland County C.C.P. Our Matter No.: 291900 Dear Judge Guido, Enclosed please find Notice Of Taking Depositions served on counsel for Defendant Keystone Staffing. If you have questions Of concerns please call this office and they will be addressed promptly. Enclosure cc: ' File ~~-- ~."'.~--'- lIi<iilll~'.""""'" ~.~ ~ ~lj]"--",,-&!,. JUL-Z3-Z001 05:36PM FROM-CAPOZZI AND ASSOCIATES +717-zaa-4103 H03 P, OOZ/008 F-488 IN THE COURT OF COMMON I'LEAS CUMBERLAND COUNTY, PENNSYL V ANlA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, NOTICE OF TAKJNG DEPOSITIONS ON ORAL EXAMINATION UNDER Pa, R. C. p, NO. 4001 (e) TO: Sherry Shumaker c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WElONFR 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C. P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Monday, 10 September ?001 lit ?,:OO P.M. at the law offices of Capozzi & Associates, 2933 North From S~I't:"'~' Hallisburg, PCl111sylvwa and at any adjoununcnts thereof. Further, pursuant to pa R. C. P. 4009, you are directed to bnng with you any and all documentation rehwant to the above- captioned litigation. JON THAN c. .I . Esquire J tifieation No. 68214 29.33 NUTlh Front So'eet Harrisbul'g, PA 17110 (717) 233- 4101 "' "'""'" JC"' "'~ ~ "~~ .JiI'd", , JUL-23-2001 05:36PM FROM-CAPOZZI AND ASSOCIATES +717-233-4103 T-903 P,003/00e F-499 IN THE COURT OF COMMON PLEAS CUMBERLAND COON'l'Y, PENNSYLVANIA KEYSTONE STAFFING SERVICES INe, Plaintiff, v. CAPOZZI & ASSOCIATES, P.e- CIVIL COMPI.A TNT NO. 2000- 2961 Civil Term Civil Al:uUIl- Luw Defendants, CERTIFICATE OF SERVICE I, JONATHAN e. JAMES, ESQUIRE c:c:rtify !hut I wd ~o;:rvo;: i1l1:L\e and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) in the above captioned action upon the person and in the manner indicated helnw: U.S. First Class Mail, pu~lagt: pn:puid UIl 23 July 2001 AND hand delivered to the address listed below on 23 July 2001: Shen-y l;lhumaker c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 CAPOZ SOCIATES, p.e. T C. JAMES. "fication No. 68214 OZZI AND ASSOCIATES, P .C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorneys fol' Defendant Date: 23 July 2001 '''--IIIIIlI-~ ., .. %. JUL-23-2001 05:36PM FROM-CAPOZZI AND ASSOCIATES +717-233-4103 T-S03 P.004/00S F-4SS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIA lES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil A.ction - Law Defendants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pa. R. C. P. NO. 4001 (c) TO: Patricia A. Snyder c/o David W. DeLuce JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pUTSuant to Pa R. C. P. 4001 (c) your oral Deposition wilI be taken before a person authoriz:ed to administer oaths, on Monday, 10 SeptembeT 2001 at 3:00 P.M. ~t ThO!' l~w office~ ofCapoZ2i & Associates, 2933 North Front Smlm, Harri~bu:rg, P<:llllSylvll.1l111. and at any adjournments thereof. Further, pursuant to Pa R. C. P. 4009, you are directed to bring with you any and all documentation relevant to the above- captioned litigation. CAPOZZI & ASSOCIATES, P.C. B . RAN C. J S, Esquirl'! e lcatian No. 68214 2933 Norlh Front Street Harrisburg, PA 17110 (717) 233- 4101 ....-..- _.~, JUL-23-2001 05:36PM FROM-CAPOZZI AND ASSOCIATES +717-233-4103 T-903 P.005/009 F-499 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Tenn Civil Action - Law Defendants, CERTIFICATE OF SERVICE I, JONATHAN C. JAMES, ESQUIRE certify that J tlkl ~ArVe II true and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION uNDER Pll- R. C. P. NO. 4001 (I;) iu lhe above captioned action upon the person and in the manner indicated below: U.S. First Class Mail. postage prepaitl 01'1 n July 2001 AND hand delivered to the address listed below on 23 July 2001: Patricia A. Snyder c/o David W. DeLuce, Esquire Joh1'l~nn, Thrffy. Stewart & Weidner 301 Market Street Lel110yne PA 17043- 0109 Date: 23 July 200 1 '1Ii\IIIJIIi H,_. ~ >~- !iUl<."" JUL-23-2001 05:37PM FROM-CAPOZZI AND ASSOCIATES +717-233-4103 7-903 P. 006/008 F-466 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defeudants, NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINA nON UNDER Pa, R, C P NO 4001 (r.) TO: Cinde Hols1e C:/O David W. DeLuce JOHNSON, nUFFTF., STFW ART & WRIDNER 301 Market Street P.O.Bv)t 109 Lemoyne, Pennsylvania 17043-0109 NOTICE IS HEREBY GIVEN that, pursuant to Pa R. C, P. 4001 (c) your oral Deposition will be taken before a person authorized to administer oaths, on Monday, ] 0 September 2001 at 1 :00 P.M. at the law offices of Capozzi & Associates. 2933 North Pront Street, IHlllTisburg, Pcnnsylvnnia and at any adjournments thereof. Further, pursuant to pa R. Co P. 4009, you are directed to bring with you any and al! documentation relevant to the above- captioned litigation. CAPOZZI & ASSOCIATES, P.C. BY: JO A C.JAMES, F.~ . cation No. 68214 2933 Not.tIt Front Street Harrisburg, PA 17110 (717) 233- 4101 '__8 I>t~Jt,.''".'' JUL-23-2001 05:37PM FROM-CAPOZZI AND ASSOCIATES +717-233-4103 T-903 P,007/009 F-499 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAlNT NO. 2000- 2961 Civil Tenn civil Action - Law Detendants, CERTIFICATE OF SERVICE I, lONA THAN C. JAMES, ESQUIRE certify thM T rlUI ~ArVe a true and correct copy of the am serving a copy of the NOTICE OF TAKING DEPOSITIONS ON ORAL EXAMINATION UNDER Pll. R. C. P. NO. 4001 (c) In the above captioned action upon the person and in the manner indicated below: U.S. First Class Mail, pn~raee prepaid on 231uly 2001 AND hand delivered to the address listed below on 23 July 2001: Cinde rlolste c/o David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoync PAl 7043- 0109 JON THAN C. JAMES, I cation No. 611214 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorneys for Defendant Dare: 23 July 2001 ~- . ~ ".....""'-,. " ~ -~ - ~ ., ~""'-', <"",.' ,,0- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next term of civil court. X for trial without a jury. ..........~~.~-~~---------------~--------------_.._---._-_._-~............~~...............................-.._........~...-~----~~---~-----------_.._-_._------------------ CAPTION OF CASE (entire caption must be stated in full) (check one) Assumpsit Trespass Trespass (Motor Vehicle) ( X) Civil Action - Law (other) (Plaintiff) vs. The trial list will be called on N/A and Trials commence on N/A (Defendant) Pretrials will be held on N/A (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 2000-2961 Civil Tenn , 19___ Indicate the attorney who will try case fort he party who files this praecipe: David W. DeLuce, Esquire Jolmson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 Indicate trial counsel for other parties if known: Jonathan C. James, Esquire Capozzi & Associates, P.C., 2933 North Front Street, Harrisburg, PA 17110 This case is ready for trial. . S;9",d~;-~ - Date: 7h!o; f { Print Name: David W. DeLuce Attorney for: Plaintiff it!&~~;J.~lI!'IiIJW:,",,"'~;~iI~ilIlIiW~~ili;t,,1MJ,,:t.Jf',,~,tIiti';t",~Mi~~_I~)ijWil'u~ . "'" Ill. - 11.~~ C) C S' ""t:;C. 1;2 ~~~: 7l ~~ ~~~ ~f~; :t;, S;; :3 ~"iiliilll~ ~ c::\ Ci' .,.\\ ) ,,~, -'\'-' , ._~'~ 'J-; _0 ,-\ ~' --'-:y. ~ C#,:l .. . j' ~ " . . ~~. . ~~,; O~/ll,Ol WED 12:56 FAX 717 240 6573 CUMB CO PROTHONOTARY 141002 KEYSTONE STAFFING SERVICES, INC., PLAINTIFF V. ) . ) ) ) ) ) ) m THE COURT OF COMMON PLEAS CUMBE:RIA~ID comlT?, P3IDTSYLVJU!I.lI. CAPOZZI & ASSOCIATES, P.C., DEFENDANT No. 2000 - 2961 Civil Term 2000 CIVIL ACTION LAW NOTICE OF APPEAL FROM AWARD OF :SOA.'ID OF ARBITRATORS TO '1'.::J:!; PROTEOr-rCT.ARY: .' ~rotice 1.s given that Capozzi & Associates, P.C. a.ppeals from the aWlU'd of the board of" arbitrators entered in this case on April 6, 2001 A jur;r trial is del1lSI!ded 1:7. (Cl'.eakk. box if' a jury trial. is demanded. Otherrrlse jury tr'iaJ. is ~vailfec,) I hereby cerl1:f'y that . (1) the compensation at' the arbitrators 'bas been pa.id, or (2)' aP'91ication l".e.s been made for permission to proceec ir.. forma. pauperis. (str" ke . out the iliapplicable clause.) OI""'-.e1 for Appellant NOTE: The. demand for juzry trial on appeal from collICUlsory e.I'bitration is g~ed by !iule 1007.1 (b). (b) No affida.vit or verification is requ1rec. ~~- .,~~ ~ - - .. " . ~ "'hi",",; I " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES, INC. Plaintiff v. No. 2000-2961 Civil Term 2000 CNIL ACTION LAW CAPOZZI & ASSOCIATES, P.C. Defendant CERTIFICATE OF SERVICE I certify I am serving a copy of the above captioned Notice of AppealfromAward of Board of Arbitrators upon the persons and in the manner indicated below: Service was made VL4 HAND DELIVERY, addressed as follows: David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne P A 17043- 0109 Date: (..1/1...('2-00 I eta- CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street . Harrisburg, PA 17110 Phone: (717) 233 - 4101 !MIi:~u"" I '--~~H'Ul~lIillW~'!"iW.J~I-<~~",,~I...___1 Ll..U' "=~ .,- ~~- -. _~,,~ ~ ~"R IlRllU ," , " p p e V:- rt ...() ~ - "- - 0 0 0 ..... C> 0 c: 0- J:: ?: :c:" t..J r;::, ;P -rJtf"r , -:1 f-nr;-': -::::J ! :._; }v Z:::c: ZL~ --.) r V,j ~--..: ;::: ~~8 "-'< 1- r:-? 2; =, =< r0 -~" .. , ~ , _I. ~ ""'- ~ !:E", ~~ In The Court of Common Ple.. of KEYSTONE STAFFING SERVICES, INC., Plaintiff v. CAPOZZI & ASSOCIATES, P.C., Defendant ) ) ) ) ) ) \ Cumberlud COUllty, Pelllllylv.lli. 10.2000-, ?qf:; 1 "T1TTT I"J"IJ<lcM 19 ")(v')n CIVIL ACTION-LAW v' OATH We do .01tllll1ly wear (Dr .ffirm) that ve will .upport, obey ad defead the Con.tltut10D of the Uu1ted State. ad the CoDSt1n~01I. of this Coaam- vealth ad that ve vill discharge the dutles of our ofUce with Ud~y.:. ..,.. George B. Faller, Jr., Esq~~ a 0:> ~ . 7 ., ~~ "..-..:..':.: ~.~:J3 ",'; ?:n , _J,::;:: !=z C;.": :,,:JLU 0_ ~~n [1- ~,r. . u.. __~ :5 I') r"" C) ~e. 'the undersigned arbitrators, having been duly appointed &ad sworn (or :affirmed), make the followi11g award: (Note: If damagel for delay .re awarded, they lhall be leparately stated.) (or f1~~rt& ;~ <!... oI _ J.L 7dbr ~, Arbitrator Esquire - Arbitrator AWARD aMount- Date of Bearing: 1/~ /0 I 4!r, f Q { Arbitrator. dissents. (Insert name if ~# ~re - ""i_ , />1/>",,0, . ., Esquire Arbitrator applicable. ) Date of Award: NOTICE OF ENTRY OF AWARD Now. the t.'f(day of /J/}_~ I . >5.;)6b,. at INf. L.M.. the above award was entered upon the ~k~ and notice thereof given by mail to the parties or their attorneys. . Arbitrators' compensation to be paid upon appeal: $ .,?96U9t5 IS( /k;t;;. /?~ - P othonotary ~~CL jC De~:' qAt By: , , -- - ,-" ,,>~""..''-'"~' ".I""ffi""'''''';il''''- -'_" :<0:.:- -~, -"i_Ii '. ij,~I~~~q;n\'R.",'1"ii&.'cbL"j;j,f")l;<!1iltoitil',,WM""-=c.""-,,>it _'CO _ "" ~- ~ ".~-- J//&fl ~ ~ ~ t-fi- ~ iI/b/OI ~ ~ -i; a1'~X'uee If/b(N C~ ~ -;t. c~ ~ ~ Co, ~ f2L </./.2,01 Y -r-~ frl~rJ.s..,.. t:n.do(~ L,.x(({d"'-~<! 0#0 tJ hh'fvv~ {d..rTc[501'L K<J~ It; K(-::, 0"-1<. LOl.Jel! Gtt-{es q- ~b:-fFs G<-<-j ;.4b- ..!!If!!~'L, ,', 'I'~_"~ _ ~'" ~ , _'_" __ "o""~~" _ .._~" ' ~-"r'., . .", ,,,. >' ,.~ "_ c_.~ ~ __ 0'" ." " .. ,,..'" ' - -" - , ~ .' " >-:~ KEYSTONE STAFFING SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2961 CIVil TERM v. CIVil ACTION - LAW CAPOZZI & ASSOCIATES, P.C., Defendant TO: David W. Deluce, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street lemoyne, PA 17043-0109 Jonathan C. James, Esquire Capozzi & Associates, P.C. 3109 North Front Street Harrisburg, PA 17101 NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on Friday, April 6, 2001, beginning at 9:00 a.m. in the Second Floor Hearing Room of the Old Cumberland County Courthollse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. If any party needs to reschedule this hearing because of a conflict with another scheduled court appearance, that party must obtain a date convenient to both parties and the arbitrators prior to the date scheduled above. Dated: March 7, 2001 Geo . a ler, Jr., Esquire, Jason Kutulakis, Esquire, Arb' r Craig Hatch, Esquire, Arbitra r cc: Court Administrator's Office Jason Kutulakis, Esquire Craig Hatch, Esquire .- - . ~'f ,,~-, '" _ " _, - ^',^ """'~:L.<... ;,,,,,.., ~Ji' ~ Johnson, Duffie, Stewart & Weidner By: David W. DeLuce, Michael J. Cassidy LD. No. 41687,82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-2961 Civil Term v. CIVIL ACTION - LAW CAPOZZI & ASSOCIATES, P.C., Defendant PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S COUNTERCLAIM AND NOW, this /8.;1. day of October 2000, comes Plaintiff, KEYSTONE STAFFING SERVICES, INC., through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and preliminarily objects to Defendant's Counterclaim upon the following: 1. Plaintiff initiated this matter by filing a Complaint on or about May 12, 2000. 2. On or about June 23, 2000, Defendant, Capozzi & Associates, P.C., filed an Answer to the aforementioned Complaint. 3. Defendant's Answer did not include a Counterclaim against Plaintiff. 4. Plaintiff listed this case for an arbitration hearing on August 9, 2000. 5. A panel of arbitrators scheduled a hearing for October 9, 2000, which was continued at the request of Defendant due to a scheduling conflict, and the hearing is to be rescheduled. 6. On or about September 25, 2000, Defendant filed a Counterclaim alleging separate counts of breach of contract and quantum meruit. ..' ~ ,. ", ' .' -[,,~ . r. .. '^ ',", "~'C' ~~~; 7. Pennsylvania Rules of Civil Procedure No. 1031 requires that any counterclaim which may be raised must be set forth in the Answer under the heading "Counterclaim." 8. Defendant failed to set forth its Counterclaim against Plaintiff in Defendant's Answer. 9. Defendant filed its Counterclaim after all pertinent pleadings were closed. 10. Defendant's Counterclaim is barred for failure of the pleading to conform to law or rule of court. WHEREFORE, Plaintiff preliminarily objects under Pa.R.C.P. No. 1028(a)(2) to Defendant's Counterclaim for failure of the pleading to conform to law, and moves to strike said Counterclaim. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER \ By: Dav.' W. eLuce Att rne I.D. No. 41687 Mictiael J. Cassidy Attorney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :139752 .oj' . , \,.- ",,-^, ~-, , "-, .', " , :/ ".: "_'__~__' '..- '~J , _,;",;, iIiIjRilIi11':.~> ) CERTIFICA TE OF SERVICE AND NOW, this /8 It day of October 2000, the undersigned does hereby certify that he did this date serve a copy of the foregoing PRELIMINARY OBJECTION TO COUNTERCLAIM upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne. Pennsylvania, addressed as follows: Jonathan C. James, Esquire CAPOZZI & ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER , BY:~ 00 ~ MiChEV Cassidy ill ~'~~]1iIl'i - ~ "'T~~ j '..~' -.,.._j " ; () (:':) ~ C~' -~, .:::l "T) ,'-;-~ ,:") rn U~ Z ~-I ~, :;i:: - C') '-,[) ~.- -' ;y ~ C' C.I -'.') Z C) () ,-'. j.:; ~, :..,.) ~-) ,[1 C Z CI ~ ::< \0 -< ~, . "..:~ ~ " ~ .' - JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CML COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, 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 the 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A TELEPHONE: 7172493166 Page 1 of 1 J , . . ,1'; JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, A VISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas de estas demandas expuestas an 1as paginas signjentes, usted tiene veinte (20) dias de p1azo al partir de ia fecha de 1a demanda y ia notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a 1a corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, 1e corte tomara medidas y puede continuar 1a demanda en contra suya sin previo aviso 0 notificacion. Ademas, 1a corte puede decidir a favor del demandante y requiere que usted cump1a con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A TELEPHONE: 7172493166 Page 2 of2 . . JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, COUNTERCLAIM The Defendant, Capozzi & Associates, P.C., avers the fOlloWing facts to establish their Counterclaim: Breach of Contract 1. Keystone Staffing Inc. (hereafter "Keystone") solicited the office manager at Capozzi & Associates, P.C. (hereafter "Capozzi") and represented that they had personnel possessing legal secretarial skills. 2. Keystone made repeated solicitations described at paragraph 1 via telephone to Capozzi's office manager during February 1998. 3. Capozzi's office manager represented to Keystone during the telephone conversation referenced at paragraph 2 that any legal secretary proffered must: a. Accurately type a minimum of 55 words per minute; b. Use and maintain the office filing system; c. Work simultaneously for two attorneys; d. Manage their supervising attorney's calendar. e. Possess excellent attention to detail; f. Possess strong spelling and grantmar skills; g. Sustain a professional appearance; h. Work a 40- hour week on a consistent basis. Page 3 of3 .- ~ " ~ . R" ~- ~" , ~ " "~.- ,., ,,' A " . i!a.t ~ 4. Keystone, in turn, during a telephone conversation occurring in February 1998 represented to Capozzi that they could supply a legal secretary meeting the standards described at paragraph 3. 5. Keystone, during a telephone conversation in February 1998 specifically represented to Capozzi that Patricia Snyder possessed the requisite skills for a legal secretary described at paragraph 3. 6. Keystone proffered Patricia Snyder to Capozzi. 7. Patricia Snyder represented to Capozzi she had the legal secretarial skills referenced in paragraph 3. 8. Ms. Snyder worked for Capozzi from February 1998 to June 1998. During that period oftime it became readily apparent she did not have the skills referenced at paragraph 3. 9. Ms. Snyder could not accurately type 55 words per minute. 10. Ms. Snyder could not correctly use the office filing system. 11. Ms. Snyder did not maintain the filing system that existed at the law firm and said system is substantially the same as would be found in any medium-sized law firm in the United States. As new business arrived at the firm Ms., Snyder did not create new files and sub-files to contain the client papers and supporting documents. As a result a backlog of new files and new matter openings developed. In June 1998 a new Capozzi employee, Tanya Zerbe, spent 3 months clearing the backlog created by Ms. Snyder's failure to perform this task. 12. Ms. Snyder's failure to properly maintain the file system already in existence at Capozzi prevented Capozzi from accurately assessing the state of new client matters resulting in as yet undetermined though substantial losses to the firm in money and good will. 13. Ms. Snyder often arrived to work more than 20 minutes late. 14. Ms. Snyder did not maintain a professional appearance; as her employment with Capozzi progressed her professional presentation steadily deteriorated. 15. As Ms. Snyder's term of employment progressed she washed her work clothing less and less frequently such that her clothing had a distinctly negative and offensive odor. 16. As Ms. Snyder's term of employment progressed she ignored her personal hygiene to such an extent that other employees of Capozzi would avoid her company due to her distinctly negative and offensive body odor. Page 4 of 4 1, c, 17. Ms. Snyder arrived at work several times in a disheveled state, complaining of nausea, headache and smelling of stale alcohol. 18. Ms. Snyder, in several instances while on the job, appeared shaky and pale and smelled ofliquor. 19. Ms. Snyder, once hired by Capozzi, alleged carpel tunnel syndrome. Moreover, neither Ms. Snyder nor Keystone disclosed this limitation and in fact Keystone affmnatively represented to Capozzi that Ms. Snyder was an excellent employee and was fully capable of performing the essential functions of the legal secretary position. 20. Ms Snyder alleged the carpal tunnel syndrome severely impaired her ability to type and near the end of her tenure at Capozzi Ms. Snyder performed no typing at all. 21. Ms. Snyder's alleged carpal tunnel syndrome severely impaired her ability to file, type, or act in any other capacity as a legal secretary. 22. Ms. Snyder left Capozzi on June 15Ih 1998 without giving notice. 23. The productivity of Capozzi was damaged by Ms. Snyder's unreliable attendance, inability to perform the essential functions of a legal secretary and manifestly unprofessional interpersonal skills. WHEREFORE the Defendant prays this honorable Court dismiss the Plaintiff's petition and award judgment to the Defendant in an amount at least equal to that sought by the Plaintiff for misrepresenting Ms. Snyder's job skills and for providing Ms. Snyder to the Defendant. Page 5 of5 _ ." J "_, .'- ~ Ouantum Meruit 24. The Defendant realleges paragraphs 1 through 23 as if restated here in full. 25. The Plaintiff represented to Capozzi that Ms. Snyder was a competent legal secretary who had no restrictions on her ability to perform the job of legal secretary. 26. Capozzi relied on the Plaintiff to provide a competent legal secretary who was capable of performing her job. 27. Capozzi hired Ms. Snyder, based on the representations of Keystone with the expectation she could perform the tasks commonly and reasonable associated with the job of "legal secretary". 28. Ms. Snyder was not a competent legal secretary and as a result Capozzi was forced to hire additional personnel and! or incur overtime costs to repair the damage caused by Ms. Snyder's incompetence and failure to perform the basic functions of a legal secretary. 29. The Plaintiff is seeking to recover, pursuant to an alleged agreement, a fee from Capozzi for supplying a competent legal secretary, capable of performing the functions commonly associated with the position of "legal secretary" and described in detail at paragraph 3 of this Counterclaim and who had no restrictions on her ability to perform the job oflega1 secretary. 30. The individual supplied was not competent; if Capozzi were to pay the Plaintiff for supplying an incompetent legal secretary then Capozzi will have unjustly . enriched the Plaintiff. Page 6 of 6 ~ , WHEREFORE the Defendant prays this honorable Court dismiss the Plaintiff's petition and award judgment to the Defendant in an amount at least equal to that sought by the Plaintiff for misrepresenting Ms. Snyder's job skills and for providing Ms. Snyder to the Defendant. Respectfully submitted, CAPOZZI AND ASS IATES, P.C. HAN C. J ES, Esquire ification No. 68214 OZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorney for the Defendant Date: q ~ 2 s- 2..oiiD Page 7 of7 ~ ~ JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, VERIFICATION I, Jonathan C. James, Esquire do make this attorney verification because Louis J. Capozzi, Esquire is unavailable and time is of the essence. I hereby verify that the facts made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Tit! 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsific . on to uthorities. Date:q - 2.6 r 2.. <J7f[) Page 8 of8 ~ '" 'i " ~ " r, JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I certify that I am serving a copy of the Defendant '8 Counterclaim in the above captioned action upon the person and in the manner indicated below: Service by First-Class, U.S. Mail Return Receipt, addressed as follows: David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 Respectfully submitted, CAPOZZI AND A SOCIATES, P.C. ATHA . JAMES, Esquire tification No. 68214 COZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 410 1 Attorneys for Defendant Date: 1- ~.5~ - 2-~ Page 9 of9 I ' ; 1__i!IlI~"'.J_~~lItl_!iiiliJBlIIWiliWMiIilIiamiGlI.iillim>jII!ill:illi>bI~!ii!ll" . ~'~'.I.~L ~ ~ o c: ~ ""'U(0 rn(n Z:IJ Zr.:' ~'Z ,<-;0 >0 Z(-) >c ~ ~._""',. , ll,'i ~ o C> {/) P"\ -0 N 0., r') :::11 -u """\"'- -"';~ , _,'~f"! --:.:1'1' '~;~~ () ~2~~ C51'"n ::....; ~ U1 ,-.1 . ~- <. I lttom'Y ,.. .....tiff "; j" "~' . ,'. ' JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 IN TUE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, , Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. . CIVIL COMPLAINT NO. 2000- 2961 Civil Term 'Civil Action - Law Defendants, COUNTERCLAIM The Defendant, Capozzi & Associates, P.C., avers the following facts to establish their Counterclaim: Breach of Contract 1. Keystone Staffmg Inc. (hereafter "Keystone") solicited the office manager at Capozzi & Associates, P.C. (hereafter "Capozzi") and represented that they had personnel possessing legal secretarial skills. 2. Keystone made repeated solicitations described at paragraph 1 via telephone to Capozzi's office manager during February 1998. 3. Capozzi's office manager represented to Keystone during the telephone conversation referenced at paragraph 2 that any legal secretary proffered must: a. Accurately type a minimum of 55 words per minute; b. Use and maintain the office filing system; c. Work simultaneously for two attorneys; d. Manage their supervising attorney's calendar. e. Possess excellent attention to detail; f. Possess strong spelling and granlIDar skills; g. Sustain a professional appearance; h. Work a 40- hour week on a consistent basis. Page 1 of? ~.- , -I i"=_ "',.-, , ~- 'J 4. Keystone, in turn, during a telephone conversation occurring in February 1998 represented to Capozzi that they could supply a legal secretary meeting the standards described at paragraph 3. 5. Keystone, during a telephone conversation in February 1998 specifically represented to Capozzi that Patricia Snyder possessed the requisite skills for a legal secretary described at paragraph 3. 6. Keystone proffered Patricia Snyder to Capozzi. 7. Patricia Snyder represented to Capozzi she had the legal secretarial skills referenced in paragraph 3. 8. Ms. Snyder worked for Capozzi from February 1998 to June 1998. During that period oftime it became readily apparent she did not have the skills referenced at paragraph 3. 9. Ms. Snyder could not accurately type 55 words per minute. 10. Ms. Snyder could not correctly use the office filing system. 11. Ms. Snyder did not maintain the filing system that existed at the law firm and said system is substantially the same as would be found in any medium-sized law firm in the United States. As new business arrived at the firm Ms., Snyder did not create new files and sub-files to contain the client papers and supporting documents. As a result a backlog of new files and new matter openings developed. In June 1998 a new Capozzi employee, Tanya Zerbe, spent 3 months clearing the backlog created by Ms. Snyder's failure to perform this task. 12. Ms. Snyder's failure to properly maintain the file system already in existence at Capozzi prevented Capozzi from accurately assessing the state of new client matters resulting in as yet undetermined though substantial losses to the firm in money and good will. 13. Ms. Snyder often arrived to work more than 20 minutes late. 14. Ms. Snyder did not maintain a professional appearance; as her employment with Capozzi progressed her professional presentation steadily deteriorated. 15. As Ms. Snyder's term of employment progressed she washed her work clothing less and less frequently such that her clothing had a distinctly negative and offensive odor. 16. As Ms. Snyder's term of employment progressed she ignored her personal hygiene to such an extent that other employees of Capozzi would avoid her company due to her distinctly negative and offensive body odor. Page 2 of? "~ ~~.~~ 17. Ms. Snyder arrived at work several times in a disheveled state, complaining of nausea, headache and smelling of stale alcohol. 18. Ms. Snyder, in several instances while on the job, appeared shaky and pale and smelled ofliquor. 19. Ms. Snyder, once hired by Capozzi, alleged carpel tunnel syndrome. Moreover, neither Ms. Snyder nor Keystone disclosed this limitation and in fact Keystone affil1llatively represented to Capozzi that Ms. Snyder was an excellent employee and was fully capable of performing the essential functions of the legal secretary position. 20. Ms Snyder alleged the carpal tunnel syndrome severely impaired her ability to type and near the end of her tenure at Capozzi Ms. Snyder performed no typing at all. 21. Ms. Snyder's alleged carpal tunnel syndrome severely impaired her ability to file, type, or act in any other capacity as a legal secretary. 22. Ms. Snyder left Capozzi on June 15th 1998 without giving notice. 23. The productivity of Capozzi was damaged by Ms. Snyder's unreliable attendance, inability to perform the essential functions of a legal secretary and manifestly unprofessional interpersonal skills. WHEREFORE the Defendant prays this honorable Court dismiss the Plaintiffs petition and award judgment to the Defendant in an amount at least equal to that sought by the Plaintiff for misrepresenting Ms. Snyder's job skills and for providing Ms. Snyder to the Defendant. Page 3 of7 - :--'~ "M.'_ Ouantum Meruit 24. The Defendant realleges paragraphs 1 through 23 as if restated here in full. 25. The Plaintiff represented to Capozzi that Ms. Snyder was a competent legal secretary who had no restrictions on her ability to perform the job of legal secretary. 26. Capozzi relied on the Plaintiff to provide a competent legal secretary who was capable of performing her job. 27. Capozzi hired Ms. Snyder, based on the representations of Keystone with the expectation she could perform the tasks commonly and reasonable associated with the job of "legal secretary". 28. Ms. Snyder was not a competent legal secretary and as a result Capozzi was forced to hire additional personnel and! or incur overtime costs to repair the damage caused by Ms. Snyder's incompetence and failure to perform the basic functions of a legal secretary. 29. The Plaintiff is seeking to recover, pursuant to an alleged agreement, a fee from Capozzi for supplying a competent legal secretary, capable of performing the functions commonly associated with the position of "legal secretary" and described in detail at paragraph 3 of this Counterclaim and who had no restrictions on her ability to perform the job oflegal secretary. 30. The individual supplied was not competent; if Capozzi were to pay the Plaintiff for supplying an incompetent legal secretary then Capozzi will have unjustly enriched the Plaintiff. Page 4 of7 ,--., " = - - .~~ li-~-"- WHEREFORE the Defendant prays this honorable Court dismiss the Plaintiffs petition and award judgment to the Defendant in an amount at least equal to that sought by the Plaintiff for misrepresenting Ms. Snyder's job skills and for providing Ms. Snyder to the Defendant. J T C.J Identi cation No. 68214 ZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorney for the Defendant Date: q - 8 r 1.-c:n:rO Page 5 of7 il.~ . ;-~~';"~'~-'''-"'.o--!i!!iil/l<<iml~~~.ffii,~~ lIJlIIIII!!. ~- -' -~." .. '.0 ."..,__ ,.,r'.," ..- ,'. .' ., o ,~: \:JC~ Q;[Jl ~- - . ~~~;-:: ~{) :::~ =< . C) o ~n ,--';" '0 I (:::I () ~n c"J .' ~--j c> :J:J -<. \:- "-, . . JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 - ~ Attorney for Plaintiff - ,-.-~ "~-" . ~,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. Defendants, CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law VERIFICATION I,Louis J. Capozzi, Esquire do hereby verify that the facts made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consoli tatutes Section 4904 . unsworn falsification to authori . Date: q - 0 7-0 m~~i' ___.0,'""_ -'~ ii(' ,~- ~'--"..." ,-~ -, , ;"l~illil__= AiI!!!l!i}'~~ .. .~ ~ -_. 10 ',.^, ~tl:id ~. ~ .' c"""~ '0' " . I 0 CJ C) >::c~ C:l <, ;-/') :--;-:1 ~ [~ 1,1 r11 "-'J 2: 'r I :;:: Cn i-',~ C::) -< .;- ," ~: .- '---' -----r:; t: c L~5 - 5> c: :.,,) '~"J _.,,_l :;;::< ~ 'to: -l "-;----; --< ..j -< J!!ii ..;-. -.'." ',., JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233- 4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I certify that I am serving a copy of the Defendant's Counterclaim in the above captioned action upon the person and in the manner indicated below: Service by First-Class, U.s. Mail Return Receipt, addressed as follows: David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne P A 17043- 0109 Date: Cj- fir ~ Page 7 of7 jiSll'........L..~~,1 ,~, '''''''\iflllj"&:~~'..!''.'''''" .. r.~ - ,~, '='""""'. ~ ~ """"""."''-'''''''~SG31li:!!1I~1IWl_..M. ,," ,.~, , ,~, ....0'<'''' ""'Iilii' II:<l o C' ;? ~8~~ ~~; r: JiB ,-- .':;;'- :'J -" -- 1liiIl .~:! (/) 71 ',-J I CO .'; - (-~~ . I'~ i"; i~~~[;' -;-) " ';'/ ;:::- _'.J ~~ .-J . ~,~ 0i! LS:':::::J r;---". IC-"") "::::.:':::' o " \..._~jl _..-' '~ - L"l; F:\FILES\DA T AFILE\MISC\gbf-key .notljlk Created: 02/06/9502:40:44 KEYSTONE STAFFING SERVICES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2000-2961 - CIVIL TERM CAPOZZI & ASSOCIATES, P.C., Defendant CIVIL ACTION-LAW TO: David W. DeLuce, Esquire JO~SON,DUFFIE,STEWART & WEIDNER 301 Market Street Lemoyne, P A 17043-0109 Jonathan C. James, Esquire CAPOZZI & ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17101 NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment Monday, October 9, 2000 beginning at 9:00 a.m. in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. DATED: September 5, 2000 GOO~~'~~ Charles Haddick, Jr., Esquire - Arbitrator Craig Hatch, Esquire - Arbitrator cc: Court Administrator's Office Charles Haddick, Jr., Esquire Craig Hatch, Esquire ""'-\7.><-.::,n..'",~ Johnson, Duffie, Stewart & Weidner By: David W. DeLuce LD. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff NO. 2000.2961 CIVIL TERM v. CIVIL ACTION - LAW CAPOZZI & ASSOCIATES, P.c., Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David W. DeLuce tepresents that: 1. The above-captioned action (or actions) is (are) at issue. 2, The claim of the Plaintiff in the action is $8.642.94 plus attorney's fees and interest counsel for the Plaintiff~t in the above action (or actions) respectfully The counterclaim of the Defendant in the action is $ N/ A The following attorneys are interested in the case(s) as counsel, or are otherwise disqualified to sit as arbitrators: All attornevs at Johnson Duffie Stewart & Weidner. and all attornevs at Canozzi & Associates p, C WHEREFORE, your petitioner prays your Honorable Court to appoint tluee (3) arbitrators to whom the case shall be submitted. ~ ORDER OF COURT the J. , iIililill___ ) ....'~.-~lIllIiIIIlMlL'Y'i ." ,"V,'I",'" '".~~ _,,,C." =." ~~ _, -lli__~iIll~i- /.,~ "~t,,._ ~__, ' '. j- ~- ~....,;., ,-, ""f:) () ~ tJ:. 1[ ~ 8 ..0 "-> -.0 '-.() ~ ~ -...J (> Z; -1 (") c' ~ "Ow DJQ3 .c..:-'-,.y 2'c:- Ct:>~.. =<z f20 l8 ~ .. -0 :JJ;: c...> -. C '-I ,~. o o "" ~. -- :7) I ,~ ~? ,:~j .'--- n-0 , >~;'? ~() ,-r::H 90 csrn :;! ::0 -< ~" , , JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. jl09 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, ANSWER 1. Admitted 2. Admitted COUNT 1 Breach of Contract 3. No responsive pleading is required to this averment. 4. Denied. 5. Admitted f'.).,. .... ~' 6. Admitted in part and denied in remainder. It is admitted the time cards were signed. Plaintiffs averment 6, however, alleges an agency relationship, which is a conclusion oflaw to which no responsive pleading is required and is otherwise denied. 7. Admitted in part and denied in remainder. It is admitted that Plaintiff invoiced Defendant. Knowledge of the Plaintiffs use of the time card is not within the scope of Defendant's knowledge and is otherwise denied. 8. Admitted in part and denied in the remainder. It is admitted the Plaintiff mailed invoices to the Defendant. Defendant's records.llGnot indicate a balance due. To the extent services, if any, were authorized and agreed upon in writing by an Answer. Keystone Staffmg v Capozzi Associates Page 1 of6 - s:. ;"~ ~ , authorized agent of the Defendant is a legal conclusion to which no responsive pleading is required otherwise is denied. 9. Denied. Defendant's records do not indicate a balance due. 10. Admitted in part and denied in the remainder. It is admitted the time cards contain language, a sample of which the Plaintiff has incorporated into Plaintiffs averment 10. However, to the extent the Plaintiff has quoted that language to support their argument regarding Plaintiff s ability to enforce alleged contract rights against the Defendant, that is a legal conclusion to which no responsive pleading is required and otherwise is denied. 11. Plaintiff s averment 11 is a legal conclusion to which no responsive pleading is required and is otherwise denied. 12. Plaintiffs averment 12 is a legal conclusion to which no responsive pleading is required and is otherwise denied. By way of further response, Defendant disputes the existence of a balance due, let alone interest. COUNT 2 Breach of Contract 13. No responsive pleading is required to this averment. 14. Plaintiff s averment 14 alleges the creation of a contract and the existence of an agency relationship, which are both conclusions oflaw to which no responsive pleading is required and are otherwise denied. 15. Admitted in part and denied in the remainder. Admitted during February 1998 Defendant did hire a legal secretary. Denied Plaintiff ever had express authorization from Defendant to provide Defendant with office help for which Defendant would pay a surcharge, finders fee or something similar thereto. Denied Plaintiff ever had express authorization from a representative Defendant qualified to bind Defendant to they type of arrangement Plaintiff avers existed. The remainder of Plaintiffs averment 15 is a legal conclusion to which no responsive pleading is required otherwise is denied. 16. Admitted in part and denied in part. Plaintiff has mailed invoices to the Defendant. To the extent the charges are customary or usual is not within the Defendant's scope of knowledge. The remainder of this averment is a conclusion and is otherwise denied. 17. Admitted in part and denied in the remainder. Defendant admits he has not paid the amount demanded by the Plaintiff. Defendant denies any balance is due. Answer- Keystone Staffing v Capozzi Associates Page 2 of6 . ." ,c -( ~' -" ',.~."':.;,,,-.'-'. ,. .<-- ,. ~ ',' , 18. Admitted in part and denied in part. Admitted to the extent Plaintiff has made demands on the Defendant. The remainder is denied as Defendant disputes the existence of a debt. COUNT 3 Quantum Meruit 19. No responsive pleading is required to this averment. 20. Denied. Plaintiff never had express authorization from Defendant to provide Defendant with office help for which Defendant would pay a surcharge, finders fee or something similar thereto. Denied Plaintiff ever had express authorization from a representative Defendant qualified to bind Defendant to they type of arrangement Plaintiff avers existed. The remainder of Plaintiff s averment 20 is a legal conclusion to which no responsive pleading is required and otherwise is denied. 21. Denied Defendant ever promised to pay Plaintiff for providing Defendant a full time legal secretary. The remainder of Plaintiffs averment 21 is a legal conclusion to which no responsive pleading is required and otherwise is denied. 22. Admitted in part and denied in remainder. Admitted Defendant hired a legal secretary on or about February 1998. Denied Plaintiff never had express authorization from Defendant to provide Defendant with office help for which Defendant would pay a surcharge, finders fee or something similar thereto. Denied Plaintiff ever had express authorization from a representative Defendant qualified to bind Defendant to they type of arrangement Plaintiff avers existed. The remainder of Plaintiffs averment 20 is a legal conclusion to which no responsive pleading is required and otherwise is denied. 23. Denied. Defendant avers no knowledge of Plaintiffs expectations with respect to payment. The remainder of Plaintiffs averment 23 is a legal conclusion to which no responsive pleading is required and otherwise is denied. 24. Plaintiffs averment 24 is a legal conclusion to which no responsive pleading is required and otherwise is denied. By way of further response, Plaintiffs expectations are not within the scope of Defendant's knowledge. 25. Admitted in part and denied in part. Admitted to the extent Plaintiff has made demands on Defendant and Defendant has not sent payments in response to Plaintiffs demands. The remainder is denied as Defendant disputes the existence of a debt. . 26. Plaintiffs averment 26 is a legal conclusion to which no responsive pleading is required and otherwise is denied. Answer- Keystone Staffing v Capozzi Associates Page 3 of6 ". . ":".."t,'.",,,",,_, ~d _ C . -Jitl; 27. Denied. JON~ AN C. JAMES, Esq ire e . cation No. 68214 CAPOZZI AND ASSOCIATES, P. 3109 North Front Street Harrisburg, P A 17110 (717) 233- 4101 Attorneys for Plaintiff Dm,~!2DO() Answer- Keystone Staffing v Capozzi Associates Page 4 of6 - '-"';"", '~'" ~ , . '" JONATHAN C. JAMES, Esquire Identification No. 68214 CAPOZZI AND ASSOCIATES, P.C. 3109 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, VERIFICATION I, Jonathan C. James, counsel for the Plaintiff, do hereby verify that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Counsel makes this verification because no authorized representative of the Plaintiff is available within the time allowed for filing this Answer. Counsel will substitute a verification of an authorized repres tative of Plaintiff as soon as it becomes available. Date:~ Answer-Keystone Staffing v CapozziAssociates Page 5 of6 , -.." ,'~~,"",.,-, ",,' ",. , ,', . ;.. . <:;.c,:. ~'. ,.~, ~'_ ,_ " ='-"c .. . . ," IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING SERVICES INC, Plaintiff, v. CAPOZZI & ASSOCIATES, P.C. CIVIL COMPLAINT NO. 2000- 2961 Civil Term Civil Action - Law Defendants, CERTIFICATE OF SERVICE I certify I am serving a copy of the above captioned Answer upon the person and in the manner indicated below: Service by First-Class, U.S. Mail Return Receipt, addressed as follows: David W. DeLuce, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street Lemoyne PA 17043- 0109 n,,, 0/2'--'/ mOD J NA e. JAMES, Esquire I enf cation No. 68214 COZZI AND ASSOCIATES, P.e. 3109 North Front Street Harrisburg, P A 1711 0 (717) 233- 4101 Attorney for Plaintiff Answer- Keystone Staffmg v Capozzi Associates Page 6 of6 _~~. I, ~:If,J '';'--'<>"'_ _",~,~. _ , "C"'IIIIM ~.- c, ~',~ ,. C I ' 61h!!'; Ill"""' . ^, ','. '-'- ", ,"--- " ~. . . \- n C' -' ::') c:: C.} --i"J :;;:" "T) cD '-,'-, r-n L_ '7 Z e. J f;; c'~, =<' [:"; _. ; ---;~:: .^ ", C~I .- "':- C > c: '--.--' 7" :::) :~ =2 :X:J .~ ~~ Jl';l '" ,^'-' -" ;', .,,',j-. ~' ','" ',~ ,<..-,L".,,,,- ~< ..;"' >,' ,..''- L.',,'~..",., "."", , ~. Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 2961 CIVIL TERM v. CIVIL ACTION - LAW CAPOZZI & ASSOCIATES, P.C., Defendant ACCEPTANCE OF SERVICE I, Jonathan C. James, Esquire, attorney for Defendant, Capozzi & Associates, P.C., hereby accept service and acknowledge receipt of the Complaint filed by the Plaintiff in the above captioned action. I verify that the statements made in this Acceptance of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA !l4904, relating to unsworn falsification to authorities. CAPOZZI & ASSOCIATES, Date: May Z. 1- ,2000 :134261-7 il.~1 - ~lilIi:JiI~~lIGJiliIIIiiItI ~ :IJi!'H.- !fM .'<-,1,', ,. ,,~,"'--"~_;'~ _,~,_,~1!- ,,,", "~ -1 ~ >-~""'""'-llil~IItL~iIl i~"""""''''''''''. '0 ~~---- . ' (") 0 C,q iI~"! 2::0 N m~ en ~O ~ ,,~ -" "',"~, ~ ~ ~~-,*" ::t::n i1l-F- ..~t:n . ;ot:;:> " ':)6 ':ri--r. ' O~,\1 ',.?5 Q'fT1 rl' 3'5 -< <:> ::r ~ 0:- :~ ~1- , 0 , , Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000- :2.9 1../ CIVIL TERM v. CIVIL ACTION - LAW CAPOZZI & ASSOCIATES, P.C., Defendant NOTICE TO DEFEND To the Defendant: 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 defense 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 . , .' '~~ - ~-' -'"- .,'- 'J,_'"., ' "~"""""~" -' ,. '-, ~,', '->..",1 t/ f I Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000- ;L 9(, I CIVIL TERM v. CIVIL ACTION - LAW CAPOZZI & ASSOCIATES, P.C., Defendant COMPLAINT 1. The Plaintiff, Keystone Staffing Services, Inc., is a Pennsylvania corporation with a principal place of business at 360 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, Capozzi & Associates, P.C., is a Pennsylvania professional corporation with a place of business at 3109 North Front Street, Harrisburg, Dauphin County, Pennsylvania 17110. COUNT I Breach of Contract 3. Plaintiff incorporates the averments of Paragraphs 1 and 2 above as if fully set forth herein. 4. At the request of the Defendant, Plaintiff provided a temporary employee to provide secretarial services for the Defendant at times and for rates agreed upon by Plaintiff and Defendant. 5. At the completion of each work week, a time card was completed by the temporary employee evidencing the days and hours worked. .. "-j'- ",~ ',-,,;;,',,;-,-"-, '-:,e -""llIIliIiOi , , 6. The Defendant, through its agents, signed each weekly time card agreeing that the temporary employee worked on the dates and hours so designated, and returned them to Plaintiff for the employee to be paid accordingly. 7. The signed time card was also used by Plaintiff to invoice the Defendant for the hours and days worked by the temporary employee for the Defendant. 8. Plaintiff has issued to Defendant its invoices Nos. 745, 814, 885, 949 and 1011 for temporary employee services, all of which were authorized and agreed upon in writing by an authorized agent of Defendant in the amount of $2,861.06. True and correct copies of the aforesaid invoices and weekly employee time cards for each invoice and signed by an authorized agent of the Defendant are attached hereto as Exhibit "A." 9. Defendant has failed and refused to pay the balance due or any part thereof on each of the aforesaid invoices. 10. Each employee time card contains language authorizing Plaintiff to charge Defendant interest at the rate of 1 %% per month on any charges remaining unpaid after 30 days and that Plaintiff is entitled to reasonable attorney's fees, together with all collection expenses, to enforce payment of these charges. See Paragraphs 13 and 14 on the attached Exhibit "8" which is incorporated herein. 11. Plaintiff is entitled to recover principal and interest due from Defendant in the amount of $3,872.94, calculated as follows: Unpaid Principal Interest at 18% per annum from 5/13/98 thru 4/30/00 $2,861.06 $1.010.97 Total: $3,872.94 12. Plaintiff has demanded the aforesaid sums from Defendant but Defendant has refused and neglected and continues to refuse and neglect to pay the same or any part thereof. .~ ="~'~, .~',' , '.'j ,,'Hi,;,"""_"" ".'"',.. _"'_.';',_", ' '^' <C,' ,,'~ ,'C__" "." .~ , WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,872.94, together with all attorney's fees spent in connection with this collection matter which will be determined at the time of trial, plus costs and interest at the rate of 18% per annum from April 30, 2000. COUNT II Breach of Contract 13. Plaintiff incorporates the averments of Paragraphs 1 and 2 above as if fully set forth herein. { I 14. On or about February, 1998, Plaintiff was contacted by an authorized agent of Defendant and contracted to find a full time placement for a legal secretary. fi 15. Upon this express authorization, Plaintiff performed its services and found a legal secretary who was hired by the Defendant as a full time employee. r: , i: " I' " 17. Defendant has failed and refused to pay the balance due or any part thereof. j;, , ,b I I' , 1) I I, I I' : , 16. Plaintiff has invoiced Defendant at its usual and customary charge for a full time placement, which is based upon the salary of the employee hired, in the amount of $4,500.00, plus sales tax of $270.00. A true and correct copy of the aforesaid invoice is attached hereto as Exhibit "C." 18. Plaintiff has demanded the aforesaid sum from the Defendant, but Defendant has refused and neglected and continues to refuse and neglect to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,770.00, plus costs and interest from March 11, 1998. COUNT III In Quantum Meruit (Alternative to Count II) 19. Plaintiff incorporates the averments of Paragraphs 1, 2 and 14 through 18 as if fully set forth herein. ....... < ,," :,'t' "'-l , ~-.',:.^ '~':.--.--, ",' ,.' . , ,~, '-',""',' ,--",' . " ~': , , 20. Plaintiff fully performed the services of finding for Defendant a full time legal secretary pursuant to Defendant's request. 21. Plaintiff conferred a material benefit upon Defendant upon the promise of Defendant to pay the reasonable value of Plaintiff's services. 22. Defendant authorized and accepted all work performed by Plaintiff. 23. Plaintiff expected remuneration from Defendant at the time of performance. 24. Defendant was aware that Plaintiff expected payment for Plaintiff's services. 25. Despite demand by Plaintiff for payment of Plaintiff's services, payment has not been received. 26. Defendant's failure to make payment resulted in Defendant's unjust enrichment. 27. The value of the aforesaid services equals $4,500.00 plus sales tax of $270.00, as set forth on Plaintiff's invoice (See Exhibit "e"). WHERE1=ORE, Plaintiff demands judgment against Defendant in the amount of $4,770.00 plus costs and interest from March 11, 1998. T & WEIDNER Date: tf&rJ 00 s. :134261 >'j(;-: 05/09/00 10:34 FAX 141007 VERIRCA nON I, Sherry L. Shumaker. President of Keystone Staffing Services. Inc., verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 904904 relating to unsworn falsification to authorities. ~~~/~~..kr herry L. Shumaker Dated: /J1~ '7" ~ ..z.o 0 <' . - ') - " , J ~umlU';w;i' EXHIBIT "A" - ,~~ '" " ~ '~ . " -'" " Keystone Staffing Services, In~ 360 Market Street Lemoyne, PA 17043-1632 (717) 761-5860 (717) 761-5459 FAX INVOICE CAPOZZI & ASSOCIATES 1711 NORTH FRONT STREET HARRISBURG, PA 17102- MARLENE MOYER 745 031i 5/1998 ~:. . - -, ~< >} ~~~5:::~: 5~";~~~~~~~?}.ff;;;'~ ~.~~~~~~9h#PtWn;,':}~~1~:~;~!~~~~ ,;~~^~:>:>~~~~ ~ ~!~~~i~: ~~;j-,: ,': ::~ ~::~~}?~iiqpn~~ ::~~~,;:~~~; /9/98 /10/98 /11/98 /12/98 /13/98 /13/98 JACKSON, DIANE M. JACKSON, DIANE M. JACKSON, DIANE M. JACKSON, DIANE M. JACKSON, DIANE M. JACKSON, DIANE M. TOTAL CHARGES NON TAxABLE AMOUNT TAXABLE AMOUNT STATE SALES TAX 9.50HRS @ 8.50HRS @ 9.00HRS @ 8.00HRS @ 5.00HRS @ 3.00HRS @ 16.00 = 16.00 = 16.00 = 16.00 = 19.00 = 24.00 = $152.00 $136.00 $144,00 $128.00 $80.00 $72.00 5712.00 $640,80 571.20 $4.27 n..,-.,. .,.... .C ,.'-'Viall ~lii? ut;illi,";'-. trr' ':-:~, "",,'!'"!t"!",...- ~ _by attta U:::;: ::1 ~e UllpeJd ~ 'W1Il be char"'~d t. ~ :-;.::-=eI:.ts ths.t1ib"'D~&:"..al' ~o~. ~ .':'.i~ds.t.e. -J Page 1 Not taxed: W2ges, bOliuses, salaries, benefits, expenses, payroll ~nd withholding taxes I Total Due :5716.27 I REMIT TO: THISACCCUNTISAO<,'r."7~ ," .,. _.' .-- -" . ...........,'I..U ."..1. ~ 1 ,_,-J"~ ...,J />ND IS PAYABLE TO CCf\ rACTGRS. - PHilliPS FACTORS CCRFOS.~E,~I P.O. BOX 890011. CHARLOTTE, NC 28289-0011 PAYMENT OTHER T}lAN TO PHILL!FS i'ACTCRS DOES NOT CONSTITUTE PAYMENT 1-910.889-3355 - 5716.27 ',": , ~~ u " " I W'le YSIU IU:-CHi1.I.r.l.n5i:J~J."YU.:t:~ I IUC. 1"- 360 Market Street, Lemoyne, PA 17043 (717) 761-5860 Fax (717) 761-5459 EMPLOYEE TIME CARD Zip: ompany Addres;: 'II I I hereby acknowledge thai I have read the instrucllons on the texerse de and also certify that I have worll;ed Ihe hours listed on this lime card and \hat \he hours were verified by an authorized rep(esentalWe 01 the ClJstomer. I lurther understand thai I musl call Keystone Staffing Services, Inc. upon completion 01 my assignment loJnform Keystone Staffing Services. Inc. 01 my availability. Fallure to do .. ;Mlea", lha~Vol.n"'"y le'mln.... my e~Plo:me~\h Key'lone S"flIng SeMce', 100, \l.PlayeeS;gn",,,, -i)t ()/f&/JaC~~ O"e 3- n -9'8 )'\ will plel< ,p my check, ~..e mall my clf'" Me yo. "1.ming~Q No Il'no', pI.." conlaCl", ;mmedi"ely, Daily Time Record. Please print clearly and round hours w~ked to the nearest ,114 hour. ,Start tJme: LunQh 'Qui;, Lunch In: Inish time: OalJy total: Dale 'Hrs: I Mln: .Hrs:'t'I,'~Mln:;;"Hrs:','Mln: Hr,.,,',Mjn: Hrs: .,Mln: Mon: iOO S 0 ic'>O ;l ioO ;;Z :'00 ~ , Tue: :00 , . , -7: Wed: ;00 of :30 : &tJ 6 i30 , , , Thu: IS I :00 ;L ilJO S , , , , , , Fri: d' :60 / :() (J 'J- : 00 S 'Of) Sat: Sun: Keystone Staffing Services, Inc. Custom time card. All hours on this time car ~ the customer signs thB ti e. Please read before signing this en customer and temporary employee Da", .3 -/dl.- 9, led on this time card am:! agree to Tatal hours do not include lunch time. '. . ~ .. ..;,~ ,~ ...~~ -, l~'~ [~.:ii For office use only: 3-IS..cf,}> W/E date: J/O#: Verified by: ...lu>f For Temooraries: . Complete timecard like example Handbook (mUlst be completed properly, and signatures). . All time cards must be received by our office no later than Monday at 5;30 PM 10 ensure your chec1< for that following Friday. . Faxed copies of time cards will be accepted ONLY lOr payroll purposes. No check will be released on Friday if Keystone has not received your original. signed copy by that Friday. in Employee including dates . No Keystone Temporary may be hired by a c1ienl company until six (6) months after completion of last assignment with same company. Yes No Have there been any cha;nges in your job? Q Q Are there any unsafe conditions? 0 0 Have you been reassigned to a d(fferen! wOIk area olher than originaJJy assigned? CJ CJ Are you being requested to perform duties olher Ihan originally discussed? 0 :J NO KEYSTONE TEMPORARY MAY LIFT OVER 30 POUNDS II clienl company requests that yOlJ lift over 30 pounds, explain that Keystona,:s policy forbids that and Immediately caN your KeysloM representative. For Clients: . No Keystone Temporary may lift over 30 pounds. . Any changes of duty of a Keystone Temporary from those originafiy descn'bed to Keystone staff must first be discussed with a Keystonerepresenlalive, . Hirtng 0/ any Keystone Temporary is subject to the costs noted on /he reverse side, White, Canary - Office Pink - Customer Goldenrod - Employee ~~,~- I. .,. ;ii, "< ~: \ Keystone Staffing Services, Inc. --- . 360 Market Street Lemoyne, PA 17043-1632 (717) 761-5860 (717) 761-5459 FAX INVOICE , CAPOZZI & ASSOCIATES 1711 NORTH FRONT STREET HARRISBURG, PA 17102- MARLENE MOYER - - ., Referenc~ " ,'. Oescriptigir , , , ' . " c :,.,Ai}l91111t. ,. . " , .. , '. . '. ~-23-98 JACKSON, DIANE M. 9.00HRS @ 16.00 = $144.00 3-24-98 JACKSON, DIANE M. 9.00HRS @ 16.00 = $144.00 3-25-98 JACKSON, DIANE M. 8.50HRS @ 16.00 = $136.00 3-26-98 JACKSON, DIANE M. 8.00HRS @ 16.00 = $128.00 3-27-98 JACKSON, DIANE M. 5.50HRS @ 16.00 = $88.00 b-27-98 JACKSON, DIANE M. 3.00HRS @ 24.00 = $72.00 TOTAL CHARGES $712.00 NON TAXABLE AMOUNT $640.80 TAXABLE AMOUNT $71.20 STATE SALES TAX $4,27 "~.l ..-...._~ ...--~.... ,~~~~~~~r.ir~~~~o: { :. '.,~ unj:l&1d, b&la::l.oe wm ba cW:e(.' ''\ I --= =I:.::.a t::at fAnI :ece:nd. a.."ti:r ~C i.-:. j .'. '_.;.J,-:'''j<< -" ,..... - Page 1 Not taxed, Wages, bonuses, salaries, benefits, expenses, payroll and withholding taxes I Total Due $716.27 Please return this portion with your payment. Disregard this notice if payment has been made. 33583 ' ", .,,' , REMIT TO: THIS ACCOUNT IS ASSiGNED TO, is OlNl'.!aJ 13"( . 'ANDISPAYABLETOOURFACTCRS · p,iWPS FACTORS CC-RPORA1l0N \ I p,o. BOX 800<l11, CP.ARLOTTE, NC 2.289.(;011 f'A"{MENf OJ1-l.ERTHANiO PHlUJPs FACTORS CCE3 NOT . c:cNS1ffiITEPAYlt.ENT. NOTIFY FtilUJPS F.rcroRS II Cf mY ClSCREPANCYWITHlN 10 OAYS AFTeR RECEa'T OF INVOICE (336) 889--1355 m - $716.27 "'"~' . ~ "~ ~'~" - .fi'l eystone Staffing Services, Inc. ~ 360 Market Street, Lemoyne, PA 17043 (717) 761-5860 Fax (717) 761-5459 EMPLOYEE TIME CARD ~"" r ' . For office use only: '''' ":.-.' , W/E date: J/O#: Verified by: Please print clearly, unclear or incomplete time cards may not be processed in a timely manner. Zip: Ih"'~y acknOWledge that I have read the rnstructions on the reverse side d also certIfy that I have worked the hours listed on thIs time ard and that the hours were -venfied by an authonzed represen alive of the customer. I further understand that I must call Keys ne Staffing SeMCes, Inc. ur,on completion 01 my assignment to Inform Keystone Staffing ServIces, Inc of my availability Failure 10 do '0 "."".. ~al ~ haR'" .",mln.... m, .mOlo m.n'r'h K.,,,o", S"ffing S'N"", '"' 7 /'l{) /11) t!" Y' 7(/") .V Employee SlQnalure=- /1 L ... '<.J..J "/ Date. f ') -< / (. :J I will pick up my checl<. 0 Please mail my CheCk. Are you returning? 0 Yes 0 No If -no., please contact us immediately. Daily Time Record. Please print clearly and round hours worked to the nearest 1/4 hour. Date Start time: ~'; Hrs: I Mln: . Lunch'out:'.,' Hrs~";,"I,':'Mln: .' - Lunch In; Hrs:', 'I". Mln: FI{1lsh time: Hrs:' I Mln: Daily total: Hrs:;"1 Mln: C Mon: I? 6 :. 'I &:00 , r:. : -:7 0) ~../ I,.J! ' (:; :C" ,) '.'-..' S (J(; ;. :3\ / :00 :/\0 I() ..- 9 100 )( \j Tue: Wed: , , , , 2:00 / () Thu: Frl: Sat: Sun: PrinlName: Keystone Staffing Services, Inc. Customer's c ntract on reverse side. Please read before Signing this time card. All hours on this lime card should agreed upon between customer and temporary employee !iEEQB.!; the customer Signs the lime card. Authorized Customer Signature; )C I certify the Keystone Staffing SeNiceS. the terms and conditions set forth on TiUelDept: For Temooraries: . Complete timecard like example in Employee Handbook (must be completed properly, including dates and signatures). All time cards must be received by our office no later than Monday al 5;30 PM to ensure your check for that following Friday. . Faxed copies of time cards will be accepted QN!.Y for payroll purposes. No check will be released on Friday jf Keystone has nol received your original. signed copy by that Friday, . No Keystone Temporary may be hired by a clienl company until six (6) months after completion of lasl assignment with same company. Ye, No Have there been any changes in your j()b? Cl 0 Are there any unsafe conditions? 0 0 Have you been reassigned 10 a different work area other than originally assigned? 0 0 Are you being requested to perlorm duties other than originally discussed? 0 Cl NO KEYSTONE TEMPORARY MAY LIFT OVER 30 POUNDS If client cc;npany requests thai you lift over 30 pounds, explain thai Keystone's polley forbids that and imme<liately call your Keystone representative. For Clients: . NO Keystone Temporary may lilt over 30 pounds. . Any changes 01 duty of a Keystone Temporary from those origInally described to Keyslone staff must flrst be discussed with a Ksystonerepresentative. . Hiring of any Keystone Temporary is subject to the costs noted on the reverse side. White, Canary - Office Pink - CUSlomer Goldenrod - Employee >,~ .,~ - ~~ " ."Illlll!ll'~ r -;'" .' Keystone Staffing Services, Inc. ./ 360 Market Street Lemoyne, PA 17043-1632 (717) 761-5860 (717) 761-5459 FAX ~----- INVOICE . CAPOZZI & ASSOCIATES 1711 NORTH FRONT STREET HARRISBURG, PA 17102- MR. L. CAPOZZI, ESQ. 04/08/1998 885 04/05/1998 h; 'R~feredEe": '.F ;;c.. , '. 3-30-98 JACKSON, DIANE M. 9.00HRS @ 16.00 = $144.00 3-31-98 JACKSON, DIANE M. 9.00HRS @ 16.00 = $144.00 4-01-98 JACKSON, DIANE M. 9.00HRS @ 16.00 = $144.00 4-02-98 JACKSON, DIANE M. 9.00HRS @ 16.00 = $144.00 4-03-98 JACKSON, DIANE M. 4.00HRS @ 16,00 = $64.00 4-03-98 JACKSON, DIANE M. 4.50HRS @ 24.00 = $108.00 TOTAL CHARGES $748.00 NON TAXABLE AMOUNT $673.20 TAXABLE AMOUNT $74.80 I STATE SALES TAX $4.49 A~.:ll! _rJi'i'ii"" ~ "'e~'~', , ~ 'I""l=>-_ ~ "'.. G!.i.~,. ~';:'; C"'~=~~,wmba~l'.r.:"'.. . . ~tJ:d(fft~s.wec ~~. '. ClC=O~_..;,;~ ...;;::;.''";:::fit,......_ 1 Not taxed: Wages, bonuses, salaries, benefits, expenses, payr?1I and withholding taxes I Total Due $752.49 PaOQ O. I," 0 II . REMIT TO: TrilS ACCOUr-'T is ASSiGNED TO, IS OWNED BY , NIDISPAYAELETOOURFACTORS PHlWPS FACTORS CORPQPATlON P.O. BOX a5OO11, CHARLOTTE, NC 2C2Jl9.OO11 ?AYlI.ENrOl'HER THAN TO P'riIUJPS FACTORS DOES NOT CCNSlTTlJT'C PAYMENT. NOl1Pf PHII..UPS FACTORS OFIWfI:>SClIE?ANCY'MTH1N100AYS AFTER RECePTOF INVOICE (336) 889-3355 - $752.49 I ~"'"~~. ~~~ """,- ,. ,.11(""" . . .."-"" . . . . "' eystone StaffIng ServIces, Inc. lKJ 3W MMM"~" lanoync '^ """ Inn 76' -"" F~ enn '''-"," EMPLOYEE TIME CARD I, L~I2~' ~mce-u::)l;:::n.J'l11Y"----' W/Edate: J/O#: Verified by: Please print clearly, unclear or incomplete time cards may not be processed in a timely manner. I heteby acknowledge that I have read the instrucUons on the reverse side and also certify t I have wo ed the hours listed on this time card and thai the hours were verified by an authorized representaUve 01 the cu mer. I further undersland that I must call Kentone Staffing Services, Inc. upon complelion 01 my assignment to ijnform Keystone Staffing Services, Inc. of my availability. Failure to do so indicates , have voluntarily terminated my amplo ent with eystone Slalting Services, Inc. . Dal. <..t (;;; ~IOyeeSigna.t. ~ r will pick up my Check. [) Please mail my check Oaily Time Record. Please print clearly and round hours worked to the nearest 1/4 hour. Mcm: Start time: Date Hrs: I Mln:. 3, D .'8' iOO 3' 31 6' tD 4' I g- 00 V:2 3 po ct'3 'G 100 ", Lunch- In: Hrs: r. Mln: . Dally total: Hrs: I Mln: ~,': Lunch'out:,,,;:,, Hrs:, . Min:' "'Finish time:' Hrs: 'I "Mln: T~e: W<od: , , , , , , , ~ i2{) I T~u: '3{) ," , , , , Frl: Sat: Sun: TiUefDept: Kentone Staffing Services, Inc. Customer's contract on reverse side. Please read before signing Ihls lime card. All hours on this lime card shou be agreed upon b twee tomer and temporary employee BEFQBf the customer signs the time c /1 . 9K AuthorizeaCustomerSignature:)C Date: i'{q' t cel'tify the Keystone Slafting Servic ,Inc, employee w on this time card and agree to the terms and condilions sel forth on the reverse side. P""\N'm.1>OfJN~ Wz- Straight time: Total hours do not include lunch time. For Temporaries: . Complete timecard like example Handbook (must be completed properly, and signatures). . An time cards must be received by our office no later than Monday at 5:30 ~M to ensUre your check for that following Friday. in Employee inCluding dales . Faxed copies 01 time cards wjlJ be accepted ONLY for payroll purposes, No check will be released on Friday if Keystone has not received your original, signed copy by that Friday. No Keystone Temporary may be hired by a client company until six (6) months after completion of lasl assignment with same company. Ves No Have there been any changes in yOUr job? 0 ::) Are there any unsafe conditions? ::) ::) Have you been reassigned to a different work area other than originally assigned? ::) Q Are you being requested to pertorm duties olher than originally discussed? Q ::) NO KEYSTONE TEMPORARY MAY LIFT OVER 30 POUNDS If cUent company requests ll1at you lih over 30 .oounds. explain ll1at Keysto~e's policy forbids ll1at and immediately call your Keystone represenlalive. For Clients: . No Keystone Temporary may lift over 30 pounds. . Any changes of duty of a Keystone Temporary from those originally described to Keystone slaff must first be discussed with a Keystonerepresenlative. . Hiring of any Keystone Temporary is subject to the costs noted on the reverse side. White, Canary - Office Pink - Customer Goldenrod - Employee <T~~ _,_"",'._ - ~'jj:" - , '-K~ystone Staffing Services, Inc~:-=--' 360 Market Street Lemoyne, PA 17043-1632 (717) 761-5860 (717) 761-5459 FAX INVOICE .' CAPOZZI & ASSOCIATES 1711 NORTH FRONT STREET HARRISBURG, PA 17102- MR. L. CAPOZZI, ESQ. Reference Description 14/6/98 JACKSON, DIANE M. 9.00HRS @ 16.00 " $144.00 14/7/98 JACKSON, DIANE M. 7.50HRS @ 16.00 " $120.00 14/8/98 JACKSON, DIANE M. 7.00HRS @ 16,00 " $112.00 14/9/98 JACKSON, DIANE M. 5.50HRS @ 16.00 " $88.00 4/10/98 JACKSON, DIANE M. 5.00HRS @ 16.00 " $80.00 TOTAL CHARGES $544.00 NON TAXABLE AMOUNT $489.60 TAXABLE AMOUNT $54.40 STATE SALES TAX $3.26 .....__......----...-,-'- -*-..~ ~.Qj;"tn!1IIfI1I: =,,~. ',~ ~3 ~"'....- _ NoIlm m,:: :_' ao ~ un;&!4 ~ WU1 be ab=;:;:' ;!:,1;:m':a~_~sr:.al",~.; . ~r-:\:.Q~ .,',",', ,.,..,....... Page 1 Not taxed: Wages. bonuses, salaries. benefits, expenses. payroll and withholding taxes I Total Due $547.26 .,. Please return this portion with your payment. Disregard this notice if payment has been made. " 'I,:'" , ,i 33583" , " ' . ..', ' ," REMIT TO: THI5.ACCOUNT IS ASSIGNED TO, IS OWNED BY , AND IS PAYABLE TO OUR FACTORS. PHIWPS FACTORS CORPORATION P.O. BOX 890011, CHARLOTTE. NC 28289-0011 PAYMENT OTHER THAN TO PHILLIPS FACTORS DOES NOT CONSTITUTE PAYMENT (336) 889-3355 - : '",''' , . j:tl: 1'., $547.26 -- --.--. ,.1 ,. ''l'_~ --- ~ 'f I" ICYi::JI.UlILt: CHarnng-';:,erVICeS; InC~'-- .1 ~ 360 Market Street, Lemoyne, PA 17043 (717) 761-5860 Fax (717) 761-5459 EMPLOYEE TIME CARD W/E date: J/O#: Verified by: I.{-Jd-1? Please print clearly, unclear or incomplete time cards may not be processed in a timely manner. ) hereby acxnowleOge that I halle rsad Ih& inslroctions on ths rellsrse skis an certify thai I hailS worlted !he hoUlS Jisled on lhis time card and thallhe hours were verified by an authorized representative of the customer. I further understand that I must call KeySlone Stalling SelVil=es, Inc. upon completion of my assignment to infonn Keystone Slaffing Services, Inc. of my availabllily. Failure to do so indiCates that voluntarily terminated' my employment with Keystone Staffing SeMces, Inc. } ;/-/37/ ~IOyee Signatu . Date: ;i\ will pick up my chacko Are you returning? q Yes 0 No If ~no~, please contact us immedialely. Daily Time Record. Please print clearly and round hours worked to the nearest 1/4 hour. Start time: Lunch out: Lunch In: Finish time: Dally total: Date Hrs: I M(n: Hrs: ".'-Mfn: Hrs:, . Min: Hrs: , Mfn: Hrs: , Min: Mon: iN <t :00 s :00 Tue: 'n 9 130 s 100 , , Wed: .0 /0 :00 , , SiOO , , , , , 4~ , /2-100 :00 , Thu: ID i~D ) S iDO , 4'10 ~ , , :00 Fri: :00 , I , Sat: Sun: ontract on reverse ide. Please read before signing this Ben mer and temporaiY employee do" !h'; limi:!.?o,?So Keystone Staffing Services, Inc. Customer' Ume card. All Murs on this time card sho ~thecustomersignsthetime A.'Jlhorized Customer Signature: X- I certify the KeyslOne Staffing SeNic, mployee wo th. ,,~, ~ilIO", ,,' lorth 0 lh. ",e... "de. P"o! N""', I, tliJ.N il- L i.A,~ TIUeiO.pt Total hours do not Include lunch time. Straight time: 3 OVer- time: Total 3' / time: '"-i For Temporaries: . Complete timecard like example in Emplo' Handbook (must be compleled properly, including di and signatures). . An time cards must be' received by our office no I; than Monday at 5:30 PM to ensure your check (or ' following Friday. . Faxed copies of time cards will be accepted ~ payroll purposes. No check will be released on FfI if Keystone has not received your original, signed cOp; that Friday. . No Keystone Temporary may be hired by a client comr:: until six (61 months after completion of last assignment same company. Have there been any changes in your job? Are there any unsafe conditions? Have you been reassigned to a different work area other than originally assigned? Are you being requested to perform duties other than originally discussed? Yes Nc 'J .J Q :.J ~ .] ~ NO KEYSTONE TEMPORARY MAY LIFT OVER 30 POUNDS If client company requests that you lilt over 30 pounds. e' that Keystone's policy forbids that and immediately call your Key representative. : i j: i i ~ B II I' II II Ii I' I' " I] For Clients: . No Keystone Temporary may lift over 30 po~nd$. . Any changes 01 duty 01 a Keystone Temporary trom originally described to Keystone stall must first be discuSSEro Keystone representative. . Hiring of any Keystone Temporary is SIJoject 10 the costs nolea reverse side. White, Canary - Office Pink - Customer Goldenrod - Emt '- .._------~-----------_._--------_.__. '--, - ~" , f <______ keystone Staffing Services, Inc. 360 Market Street Lemoyne, PA 17043-1632 (717) 761-5860 (717) 761-5459 FAX , CAPOZZI & ASSOCIATES 1711 NORTH FRONT STREET HARRISBURG, PA 17102- MR. L. CAPOZZI, ESQ, - '.~"~""'e .,- ,~/ INVOICE t: r.! I', Reference Description , f\h'ti10U~lfr , 4/13/98 JACKSON, DIANE M. 8,00HRS @ 16.00 = $128.00 TOTAL CHARGES $128.00 NON TAXABLE AMOUNT $115.20 TAXABLE AMOUNT $12,80 STATE SALES TAX $0,77 .'.-..,....-,....---,,- A __ __tJt 11/ttI6,.,. mmrth. or the 7\l'Ull~wr'I~,-. perm!sd)la by S"..e.ta ~.'r, on the \1!lpa1d, 'ba1anae 1I1U be ch.arg:~' \ paymsnts tbatal'O Z'IQItnd attar 30 ~j J or clue cIato. '. Page 1 Nollaxed: Wages, bonuses. salaries. benefils. expenses. payroll and withholding taxes IT otal Due $128.77 Please return this portion with your payment. Disregard this notice if payment has been' made. REMIT TO: THIS.ACCOUNT IS ASSIGNED TO, IS OWNED BY AND IS PAYABLE TO OUR FACTORS. PHilliPS FACTORS CORPORATION P.O. BOX 890011, CHARLOTTE, NC 28289-0011 PAYMENT OTHER THAN TO PHILLIPS FACTORS DOES NOT CONSTITUTE PAYMENT (336) 889-3355 - :.,".', ' , $128.77 I --.'"=... '. r. .~ ~l ] "}1i ~I ~ .! c: " ~::JtJ'1 .. . " .. I I .. >- .. " .c u - , .... "C I :c ,g.. 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CII.,....rp ~ L'=-8 ~ i.~~~ -i ':' -::..1, ~ = a .- 3 . ~ a " n " n " . .!F ~:"" .- 0: ;-5- ;~ .'-0': 'Ii o p " o a ~ 6" '" ~ !1- " 3' " . . Q 0;. ~. o .:;;' ~ ~ !l. [ 6" f S" " . iir ':..'g - .. "::,(..( ., ~.~ 'l' ~ ,::;1 ,I " ~ ~ 1 ; i 1 <:i , ;1 o c:: ~ o 'S: m '" o o z .... '" ... n .... , , , :! , . 4 ,,15 ~ .5- ~. .~ 3' .. i ! ,; .~ .j ,If. it 1j ,t t f ii "'l !. " ., ~ ~ ., ~. i ." .' ,~ ,-" lltiw. " . I ,. EXHIBIT "c" -"'- . """,,,.,..nailll'. ~ ,1 ..1 '"', ne Staffing Services/-Inc. , 360 Market Street Lemoyne, PA 17043-1632 (717) 761.-5860 (717) 761-5459 FAX INVOICE ---.. l ," CAPOZZI & ASSOCIATES 1711 NORTH FRONT STREET HARRtSBURG, PA 17102- MARLENE MOYER , Reference Description Amount , fi > !i STANDARD FEE DISCOUNT SNYDER, PATRICIA A SNYDER, PATRICIA A. TOTAL CHARGES NON TAXABLE AMOUNT TAXABLE AMOUNT STATE SALES TAX $5,000.00 ' $-500.00 $4,500'.00 $4,500.00 $270.00 POSITlOO: Iega1Sel;:retaJ:y STARl' DATE: Februa:J:y 16, 199B , , COOlIDINATOR: Cinde Holste TERMS: Fee to:be paid iD. four (4) payments. First paynent dUe upon receipt. Seo:lnd payment in 30 days, thUd payment in 60 days, balance in 90 days. Page 1 Not taxed: Wages, bonuses, salaries, benefits,expenses, payroll and withholding taxes Total Due $4,770.00 Please return this portion with your payment. Disregard this notice if payment has been made. " ,I," I' , 33iiS3 ' ' MARLl:f\lAM YEff' " " , , REMIT TO: KEYS'IOOE STAFF1NG SERVICES, INC. 360 MARKE.'1' STREET LEMJYNE, PA 17043 -, .. >". .-" ').:1, $4,770.00 I ~iII..lI~.,"-.:.,L '~aliiilillilii!~~O!ffi~W,11lli,'i5Ilb.~~/ll1M1Mllll!lllilll 1!'!'ll!!".,,, .~= ~~~~~ ~ .t ""';/. 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