HomeMy WebLinkAbout01-4494
NOTICE OF APPEAL
C(XHIT OF COMMON PLEAS
CUMBERLAND COUNTY
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL OW -' ~S'",O
AmeriCan Pers~I Manager~ & 'e0nguitants~ I~C~= 09'1-0
3461 Market Street, Camp Hill, PA 17011
06/26/01 A'p.M. & C., Inc. ~ Candice Danzey
~ ~ ~ ~ ~ ~Y ~ ~_~ is ~ ~ P~ ~ ~~L~(~'~.C.P. gP.~.
FILE A C~AI~T ~in
fi~ ~ ~, ~ A~L.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT ANO RULE TO FILE ~
~ Mcr)on o~ ~ to be used ONlY wh~ oppe#ant w~ D~FENDANT (see Pa, R.C.PJ.P, No. 1001(7) in octk)n Z~on~ D~s~ct dos#ce.
IF NOT USED, degach from copy of notice of appeal to be ~erved upon appellee).
PRAECIPE~ To Pro~4:motary
Entec mb upon , ~s); to ~ a campiaint in I~Ys~*:
[~ fleas N= ) w~hin twenty (20) days aftra seviceaf rub or suffer e,~, of ~ of nm Pro~
EULE~ To , c,ppd~s).
Name of ~oa~ee(s]
(1) You are notified ff~at a role is hereby entered upon you to fib a ,.~,v~int in this apged wi~in t~.~nty (20) days after ~ ~ of
se~ce of this role upan yau by personal se~ce or by ce~fied or reg~temd nv~
(2) If you do not file a complaint wJ~hln this time, a ~ OF NON PROS WILL BE ENTERED AGAg~T YOU.
(3) l~e date of smvk:e of thb rule if set.ce was by mail is Ihe clare of maing.
Da~: , 19 .
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This or~f o( service MUST ~E FILE~I THIN~E~ (TO) ~ Y~ AFTE~filinD t~ ~9lice ~f~ ~e~ a~li~l~boxes)
COMMONWEALTH OF PENNSYLVANIA
cOUNTY-OF , II ~ ~ ~' ' ~ - - ....
~FIDAVIT: - t here~yswear,~t~t] ~v~d~::~ ~ -,~, ' - -
~ a copy of the ~tic~lofAp~al[ Commqd Pleas N~i '
(date ofservic~..'~T%'~ ',T' - ~., lg~ ~_~ bypersonal serv'~ ~bv (c~d}~r~) ma sende
., ~ < ~ ~ ~ --- .~ ~by ~rsona serv ce ~ by (ce~ified (registered) mail sender's receipt attached
~ and further that l ~rved the Rul~ to FHa a Corn ~la,nt accompanying the aboy~ ~e~a
The ~u e was aooresseo on ' 19 ~ by persona serv,ce ~ by (cerhfled) (reg,stered)
SWORN (AFFIH~ED) AND SUBSGRIBED BEFOHE
~ . ~ ~/~natur~ of ~ffial
C~MMONWEALTH OF PENNSYLVANIA
· '~' ] D 09-1-02
" /, ,ROBERT V. MAN'LOVE
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: N,~aE a.d ADO~ESS
i'-AMERZCAN PKRSOHNBL MNGRS&CN~LTHT~I
3461 MARA~£ ST
SUZTE 104
~MP HILL, PA 17011 VS.
DEFENDANT: NAME ar~:l ADDRESS
FDANZ~y, CANDICE
428 8OM'J:- 17TH ST
HARRISBURG, PA 17104
' w~..~.;~utH ESHBLUAtq', ESQO'J:RB L
. 210':i'.MAH]Q~k. ST Docket No.: CV-0000168'01
~ HIT~.,, PA 17011 Date F ed: 5/29/01
THIS IS TO NOTIFY YOU THAT:
Judgment:
~-~ Judgment was entered for: (Name)
~ Judgment was entered against: (Name)
in the amount of $
n~ Defendants are jointly and severally liable.
~'~ Damagas will be assessed on;. : ?
· ~ This~case dismissed without prejudice.
(Date & Time)
~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $.
[] Levy is stayed for days or [] generally stayed·
]Objection to levy has been filed and hearing will be held:
Amount of Judgment ;$' .00
Judgment Costs $ . O0
Interest on Judgment i -$ .00
Attorney Fees $ .00
Total $ ,0~
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST NCLUDE A COPY OF~E ~ ~IU~~ F-C~I~M WITH ~OUR=N0'.TI...CE~? APPEAL.
AOPC 315-99
COMMONWEALTH OF PENIgSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
CUMB~LAIqD COUNTY
NOTICE OF APPEAL
FRO~
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL 0~- ~s'-0 I
Notice is given that the appellant has filed in the above Court of Comrm~ P~eas an appeal from the judgment rendered by the District Justice on the
Adfl~canPersonnel fla~a~ers &consultants,
3461 Market Street, Camp H~11, PA 17011
In~. 09 I 02 (~anloVe~
l* I~K~iECbB TaIti/TIER~ ,U~E TO FILE COMPLAI~ND~ FILE,
F ~T US~, ~h ~ c~y ~ no~e of ~l ~ ~, ~ u~ ~l~). ,, ',
PRAECIPE: To ~y
~1) You am nollfled Ihat a role is hereby enlemd upon ~ lo fib a complainf in this c~ within tw~ty (20) doys ~ ~ ~ of
(2) I~ l~u do ~ot file a cemldalnt witch this time, e JUDC4VI~NT Of NOr4 PROS WlLL BE ENTERED AC~dI~S? ~.
(3) ~ dale of H~ce of Ihls rule if ser~:e was by ma1 is fl~e dal~ of maEng. '
RULEs
COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
¢.Thie proof.~ ,of f~erv4ce: ~ · MUST BE FILED. ~ .W~THIN TEN (IO);DA, . YS AFTER filing the~ notice, of appeal~ Check: ap~'cable boxes)
COMMONWEALTH OF PENNSYLVANIA
~ a copy of th~ot,a~f ~pceal, Ccm~n Plees ~o.~J ; ~ff~ ~' ~, U¢.~ft~{~ ~es~ated therein on
(date of servic~:~1~*~ ~ ~' ersona servce '~¢~ ma s nd
.; ~.~ -' ~ &~] ~ b~.~rs~na serv ce~ by ~ (reg stered) ~a , sender's rede ,t attached
~ ~ ~nd further that I served the RuLe to.~de a Compla,nt accompanying t~o~e Notice o~ ~al u~ th~eppW~m
~ '"~ '~ '~ ~'¥~'~ ;~r~ss~d;~' ' ., 19 D by personal'servi~eD ~y (certified)(re~i;~;red)
mail, se~' ~cei~(
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
Postage
Certified Foe
Return Receipt Fee
(Endo,eement Required)
Restricted Dellven/Foe
(Endoreement Required)
AMERICAN PERSONNEL MANAGERS
AND CONSULTANTS, INC.,
Plaintiff
VS.
CANDICE DANZEY,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: DOCKET No. 01-~:9~ Civil Term
: CIVIL ACTION - AT LAW
: ASSIGN TO ARBITRATION
NOTICE TO PLEAD
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede
entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
AMERICAN PERSONNEL MANAGERS
AND CONSULTANTS, INC.,
Plaintiff
VS.
CANDICE DANZEY,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: DOCKETNo. 01 -4491 Civil Term
:
: CIVIL ACTION - AT LAW
: ASSIGN TO ARBITRATION
COMPLAINT
AND NOW, comes the Plaintiff, American Personnel Managers and Consultants, Inc., by
and through its attorneys, The Law Offices of Patrick F. Lauer, Jr., and makes the following
Complaint:
1. Plaintiff is American Personnel Managers and Consultants, Inc., (APM&C) a
Pennsylvania S-Corporation having its primary place of business at 3461 Market Street, Camp
Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Candice Danzey, an adult individual residing at 428 South 17th Street,
Harrisburg, Pennsylvania 17104.
3. Defendant is a former employee of Plaintiff.
4. Defendant was hired on or about August 9, 2000, by application and contract
executed in Cumberland County.
5. At the time of hiring, the Defendant was informed of company policy that employees
would receive five days of paid leave in the first year, provided that the employee work at least
nine months.
6. Defendant abandoned her position on March 30, 2001, after a period of employment
of less than eight months.
7. Defendant asked for and received four days' advance vacation in November 2000.
8. A letter memorializing company policy was mailed to the Defendant on or about
January 17, 2001. See Exhibit "A" attached hereto and incorporated by reference. 9. On March 5, 2001, Defendant took a fifth advance vacation day.
10. The Defendant's final paycheck was withheld per company policy and the terms of
the letter of January 17.
WHEREFORE, demand is hereby made for the balance of the paid days for which no
work was performed in an amount less than the required arbitration amount, including costs,
interest on the judgment, and such other relief as the court may deem proper. RMe:~ ~e~w~l' ~ebl~el;squire --
¢~f 2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
Date: ID# 72655 Tel. (717) 763-1800
AMERICAN PERSONNEL MANAGERS
AND CONSULTANTS, INC.,
Plaintiff
VS.
CANDICE DANZEY,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: DOCKET No. 01 - 4491 Civil Term
:
: CIVIL ACTION - AT LAW
: ASSIGN TO ARBITRATION
ATTORNEY VERIFICATION
The undersigned attorney hereby verifies and states that:
1. He is the attorney for American Personnel Managers & Consultants, Inc.
He is authorized to make this verification on behalf of the client(s);
The facts set forth in the foregoing Complaint are known to him and not necessarily to his
3.
client;
4.
5.
6.
This verification is intended to expedite the litigation;
A verification of the client will be supplied if demanded;
The facts set forth in the foregoing Complaint are tree and correct to the best of his
knowledge, information, and belief; and
7. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
§ 4904, relating to unswom falsification to authorities.
Date:
Matthew J. Eshefman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
AMERICAN
PERSONNEl.
MANA(tER and
CONSULTANTS, INC.
January 17, 2001
Candice Danzey
428 S 17th Stxeet
I. Iarrisburg PA 17104
Dear Candice, ...
Per our discussion, you have received yo~ual paid time off three (3) months early. Under
our hiring guidelines, you are to have rec~xl payment for time off after nine (9) months with
American Personnel Managers and Consu~tnts. However, due to your personal situation, we
agreed to provide payment three (3) months early; understanding our early payment will be
deducted from your last paycheck - if you leave our employment prior to the required nine (9)
months.
Under ~, American Peraonnel Managers and Consultants Employee Guidelines
state in part "...Employees rn~st work at loas~ nine (9) months...before receiving any paid days
off. Please refer to the onclo~led page 10 of your Employee Guidelin~ for the complete text and
information concerning the time available r completing 9 months of work.
Please sign your acknowledgement of thi rmation at the bottom of the page and return it to
us in the enclosed self- addressed envelope. ~
Sincerely,
Pat Gingrich
Pal Oingrich. President/CEO
:~461 Mariner St. · Suite 104" Camp Hill, PA 17011
(717) 303-0229 · Fax (717) 737-4934 * Email: amerijob 13@aol.com
AMERICAN PERSONNEL MANAGERS
AND CONSULTANTS, INC.,
Plaintiff
VS.
CANDICE DANZEY,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: DOCKET No. 01 - 4491 Civil Term
:
: CIVIL ACTION - AT LAW
: ASSIGN TO ARBITRATION
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing COMPLAINT upon the
persons and in the manner indicated below, which services satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by first class mail addressed as follows:
Candice Danzey
428 South 17th Street
Harrisburg, Pennsylvania 17104
Date:
Matthew J. E~helman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
IN THE COURT OF COMMON PLEAS OF
AMERICAN PERSONNEL MANAGERS: CUMBERLAND COUNTY, pENNSYLVANIA
AND CONSULTANTS, INC., :
plaintiff
CANDICE DANZEY,
D~ndant
DOCKETNo. 01-4494 Civil Tcrm
CIVIL ACTION - AT LAW
ASSIGN TO ARBITRATION
TO THE PROTHONOTARY:
Please mark the above cagtioned case settled and dismissed w~h pre]u&ce.
Law Offices ofPa~ck F. Lauer, Jr.
2105 Market Strut, Aztec Building
Camp ~ pennsylvania 17011-4706
ID~ 72655 Tel. (717) 763-1800
AMERIC~ PERSONNEL MANAGERS: IN THE COURT OF COMMON PLEAS OF
CONSULTANTS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CANDICE DANZEY,
: DOCKET No. O1 - 4494 Civil Term
: CIVIL ACTION - AT LAW
: ASSIGN TO ARBITRATION
C~,nTn~C~-T~, C~P ,~i~,nxqCar~
I hereby certi_~ that I am this day serving a copy of the foregoing Praecipe upon the person,
and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at
Camp I-fill, Pennsylvania, through first class mail, prepaid and addressed as follows:
Candice Dan~y
428 South 17~ Street
Harrisburg, PA 17104
KeSPMatth~e
Law Offic.~ of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp I-fill, Pennsylvania 170114706
ID~ 72655 Tel. (717) 763-1800