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Home My WebLink About01-04494- '' NOTICE OF APPEAL tOMMONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS ' FROM JUPICIAL DISTRICT DISTRICT JUSTICE JUDGMENT CUMBERLAND COUNTY n+- 44~I,G1V11 COMMON PLEAS Na l `-f' NOTICE OF APPEAL O~ - oZS'Q Notice is given that the appellant has fik:d in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date andin the case mentioned belov.: American Personnel Managers & Consultants, Inc. 09-1.-02 (Manlove 3461 Market Street, Camp Hill, PA 17011 0.61E OF JWC.MENT IN THE CASE OF (PlairRiHJ (De/endanlJ 06/26/01 A.P.M. & C., Inc. „5 Candice Danzey Cv is cv _ ~ 68 - 01 This block will be signed ONLY when this notation is required under Pa. R,C-EJP. Na I/appellant UlHds CLAIMANT (See Pa. R.C.P.JP. NO. 1008& This Notice of Appeal, when received by .the District Justce, will operate_ as a 1001(6) in action before District Ju_ slice, he MUST §UPERSEDEAS to the judgment fa possession in this mse FILE A COMPLAINT within twenty (20) days after tiling his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of torn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas Na appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule a suffer entry of judgment of non pros Signatum of appellant a his attorney a agent RULE: To Name of appe/lee(sJ Name of appellte(s) appellee(s). (1) You are notified that a rule is hereby entered upon you ro file a complaint in this appeal within twenty (20) days after, the tJtxite of service of this rule upon you by personal service or by cerfified a registered mail h• (2) ff you do not file a complaint within This firne, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailirg. Date: , 19_. s19nffiae or PYOrha'ptary or Deputy AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY w PROOF O'F SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proo/ o/service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEAI_TN OF PENNSYLVANIA COUNTY OF ss AFFIDAVIIF: I hereby swear or affirm that I served ^ a copy of the Notice of Appeal, Common Pleas No._ _ ,upon the District Justice designated therf:in on (date o/service) ~._ _ , 19--,- ^ by personal service ^ by (certified) (registered) mail, sender's receipt attachedhereto, and' upon the appellee, (name)-~__-._-_~r-_- _, on 19-^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. ^ and furtherthatlservedtheRuletoFileaComplaintaccompanyingtheaboveNOticeotAppealupontheappeU$26s)iowhom the Rule was addressed on ~ , 19g~, ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DA`(OF . 19~ Signature of ollicial before whom affidavit was made Tlrle dl ollicial My commission expires on _ , t9-. a J~ ~ __._ Signature of atliant ~. t i COMMONWEALTH OF PENNSYLVANIA Uh: 09-1-02 DJ Name: Hon. ,;<20BSRT V . MANLOVS "nndiass='1901 3TATS 3TRE13T '..CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 ATTORNEY FOR PLAINTIFF MATTHEW SSHSLMAN, SSQIIIRS 2108:MARRST ST CAMP ;HILL, PA 17011 ~ :i THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE O CIVL CASET/TRANSCRIPT PLAINTIFF: NAME entl ADDRESS rAMSRICAN PSRSONNSL MNGRS&CNSLTNTS ~ 3461 ]MARKET 3T SIIITS 104 LCAMP HILL, PA 17011 _j VS. DEFENDANT: NAME andADORESs ~nANZSY, cANnICS ~ 428 SOUTH 17TH ST HARRISBURG, PA 17104 L J DocketNo.: CV-0000168-01 Date Filed: 5/29/01 , ~ ,.. '' (Name) ilAN7~''yy~ (!ATTnT[`R ® Judgment was entered against: (Name) ANRRTCAN PRR30NNRL• MNCRC&CN4L.T in the amount of $ _ nn on: Defendants are jointly and severally liable. Damages will be assessed oh; - "" This case dismissed without prejudice. Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Levy is stayed for days or ^ generally stayed. Date: Place: Time: (Date of Judgment) 6/26/n1 (Date & Time) Amount of Judgment '$- Judgment Costs $_ Interest on Judgment .. $_ Attorney Fees $- Total $_ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Objection to levy has been filed and hearing will be held: 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 INCLUDE A COPY OF TyE JUD ER C PT F M WITH YQUR'NOTIGEAF APPEAL. . "~ . __ .,. , ~[1=r~t"Ca- U.~ Date Y~^~"" ~istnltJustice I"certify that this is a true ~D - - UI Date _ My commission expires first Monday of January, 2006 AOPC 315-99 .•' ~, ~~ ~, _. (~ ~'1 Q ' ~ - a ~~ Us ~ R' k e ~ ~ - ~ ~~ % ~ ~ _. ~ ~ _~ - . .._. _a_ l~ A ~ S l ` v,..,,a~.,aa4a nsa.==+.as~pw Fasu.~ma~e*'r4me84*.'bt`%.t•~a .. ~' - .. ., _. a ~~: COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT CUMBEi2LAiViJ COUNTY NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No O ~ ~ y ~ ~ Lt ~ 1 v l NOTICE OF APPEAL C7`~ - a5-p ~ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in The rase menfioned below AJeferican Personnel Managers & COns"uitants, Inch. 09-1-02 (Manlove* ADDRESS OF APPELLANT Ott STATE ZIP CODE 3461 Market Street, Camp Hill, FA 17017 ~„~ „~ „..w.,~r,~ ,r, ,.,~.,,x ~~ Irw„x„y ,__._.._.., 06/26/01 A.P.M. ~ C., InC. ~ Candice Danzey u,,,., r,.. ,. ... .._ .ti LT 19 C\i...... 1~68,...T. D1 .',.. ~ ~ 1^S ~ A~Dr : >~Jr, /~ P~~~an~ This block will be signed ONLY when this notationiis requi~d:untler Pa. R.CP.1P. No IPappellant 4YaS CLAIMANT (See Pa. R.C.P.J.P. No. 1008& •,, l This Notice of-Appeal when received by the Distrief Justice,.-will operate as a 1001(6) in' acti~On before DistfiCt Justice, he MUST SUPERSEDERS ro the judgment for possessiori in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAEC~PE TO, ENTER;RULE TO FILE COMPLAI.N.T 1AND R=4JL~~O FILE . (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.JP. No. 1001(7) fn action before Dlstricf Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothorarory Enter rule upon Name o/ appellees) ;, appellee(s), fo„file a~corilplainT in. this appeal (Common Pleas Na )within twenty (20) days after servile of rule a suffer entry of judgment of 11or1 pros . ~ '9/9nature~ f'appellapt a.,rlis attorney or agent RULE: To - ,.appellee(s). "° -'~ "~ Name o/ appel(@e(sl - ~~~'. . (1) You ore notified that a ruk k hereby entered upon you ro fik a complaint in this appeal within twenty (20) days after. the date of service of This tole upon you by personal service or by certified`or regis4ered mail. (2) ff you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of This rule if service was by mail is the date of mailing. , Date: , 19_. Signatwe or RWhdrpte"y,or lJ4DIIIY AOPC 312-84 COUFIT FILE PROOF 13F SERVNCE OF NOTICE OF ,APPEAL /SNIT RUJLE 'TO F~l.E COMPLAINT (This proof of service MUST 8E FlLED WITHIN TEN (10) DAYS AFTER tiling the notice o1 appeal. Check applicable boxes.! COMMONWEIALT/N OF PE!N~N{SYr>L~VA,~N,IAy~~ COUNTY OF _S. J'M~1,~'G~II'~'(~L.Y ^-' ~ as AFFIDAVIIT: I hereby swear or affirm triad served i~~~~d (]~~yp~/ ~~ ~~~~ a copy of 4he Notice of ppeal, Common Pleas No-~~!1_~7. e~~1.i~, vpan the District Justice designated tYis~~ein on (date of service) ~~~_1 -, ~ by person"nail service ~_ - (registered} mail, sander's recei ~ttaehed hereto, and upon the appellee, (name)-__ ~.~3~$~ ~~. en y ~-~----------T.._..~..~._.~" -_--_~.~z~~3~,~7 by personal service'~J by erti ie (registered) mail, uendar's receipt attached hereto. C~ andfurtharthatlservedtheRuletoFileaComplaintaccompanyingtheaboveNotlca.ofC,.ppealupontheapperiee(S)tcwhoa. the Rule was addressed on _- __-_-_____, 1g._.__ [] y,y pers:,na', servir;e CI by (certified) (reglst=.n'ed) mail, sender's receipt attached hereto. - - SWORN (AF1=IRMED) ANU SUBSCR98\ED BE:FORE ME THIS _`"~~__-DAY OF ~V ` ~,~~,,,i t/\ _ Signature of olli ial be re whore allitlavir was matle~ v 1 _ Title of a!licJal -~ - ~ ~~~ My commission ex8ires on .~ , 19~. A~hewJ;.Eaflelmen~Nt~~ry Ptthltc CMtP F00 Boro, CurnberletM CottNMeaion Exprnee Nov. 24, 2063 nnsyNanja Aaepel eras t_~' ~. -'; '= ~, <:i 'M1 0 na m ~' Heeta4 I s ~ ~..~ ' -. -- - Retwn Receipt Fee Herd, t17 (Entlarsemanc Hequ6etl) "~ ^' „~ --. _._._ t~ '`-J p Restricbatl Dsiivery Fee s( ~ '~~`G-~ O p=neorsement Requiretl) C1 ~a _____. ~ Total Postage 8, Fees $~L/~ \`_/~ -~ sent To ------ -- :'(n w -- a .s,raet, apC N .; r Pb aox _... ---n:z~ y 0 ,~-(y~ ---------~~--- --(V~ $-- ~ - Via.-:~--.-.:-- -~/-~T~ ~-t- - I l "' 41 t .I:~"R~....v .. - I an,nm r.~,~sa)~~I@IIIII~IINv',p~EP+iiK11' AMERICAN PERSONNEL MANAGERS IN THE COURT OF COMMON PLEAS OF AND CONSULTANTS, INC., :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff yyqy DOCKET No. Ol -~449i Civil Term vs. CIVIL ACTION - AT LAW CANDICE DANZEY, :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 maybe 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 Plaintif£ 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 torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) digs de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte 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 torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes paza 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 IDIRECCION SE ENCUENTRA ESCRITA ABAJO PARR 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 DOCKET No. Ol - 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, Pennsylvania17104. 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 fi8h 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. Res full sub i ed, ~~ Matthew J. E hehnan, Esquire 2108 Market Street, Aztec Building / Camp Hill, Pennsylvania 17011-4706 Date: '~ ~I ID# 72655 Tel. (717) 763-1800 AMERICAN PERSONNEL MANAGERS AND CONSULTANTS, INC., Plaintiff vs. CANDICE DANZEY, IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. Ol - 4491 Civil Term CIVIL ACTION - AT LAW ASSIGN TO ARBITRATION ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: He is the attorney for American Personnel Managers & Consultants, Inc. 2. He is authorized to make this verification on behalf of the client(s); 3. The facts set forth in the foregoing Complaint are known to him and not necessarily to his client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief; and He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. 8' /y~al Date: Respectfully submitted, d ~ , -~ i ~,: ~.. Matthew J. Eshelman, 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 MANAGERS and CONSULTANTS, INC. January 17,2001 Candice Daztzey 428 S 17`h Street Harrisburg PA 17104 ' _ - ,,~: Deaz Candice, .. ,~;. . Per our discussion, you have received yout~nnual paid time off three (3) months eazly. Under ~fi'> _`- our hiring guidelines, you aze to have reeetveti payment for time off after nine (9) months with ~°-_ - American Personnel Managers and Consu'(t~aYits. However, due to your personal situation, we . ;a=. -- agreed to provide payment three (3) months eazly; understanding our early payment will be deducted from your last paycheck - if you leave our employment prior to the required nine (9) _: months. Under pS2FE, American Personnel Managers and Consultants Employee Guidelines - state in part "...Employees mpust work at least nine (9) months...before receiving any paid days '- off. Please refer to the encloeed page 10 of your Employee Guidelines for the complete text and information concerning the time available-after completing 9 months of work. ~;z -~ Please sign- your acknowledgement of thts zriformation at the bottom of the page and return it to --, us in the enclosed self- addressed envelope.: • • -~: °_ """ Sincerely, '' ~ ~' ~. - ~-__: . - ... _. Pat Gingrich ~. :~. Pat Gingrich. President/CEO 3461 Market St. • Su1te 104 • Camp Hill. PA 1701 I (717) 303-0449 • Fax (717) 737.4934 • Email: amerijob 13 n aol.com AMERICAN PERSONNEL MANAGERS IN THE COURT OF COMMON PLEAS OF AND CONSULTANTS, INC., :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET No. Ol - 4491 Civil Term vs. CIVIL ACTION - AT LAW CANDICE DANZEY, :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 17~' Street Harrisburg, Pennsylvania 17104 Date: /~ ~ I Respectfully Matthew J. E§hehnan, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 ~~ c - ,. < ,~ -~~ <= m ~- ,~ - z~.~~ zt-_ U:+_ - .~.~ ,~; '~ i « _ ` `%~ } ( -'C V ~ `*,'w;~n.5erw32 SPHAIi4A?~6Tft"^"~cm.~XiIX~Po-d AMERICAN PERSONNEL MANAGERS : IN THE COURT OF COMMON PLEAS OF AND CONSULTANTS, INC., :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET No. Ol -4494 Civil Term vs. CANDICE DANZEY, Defendant TO THE PROTHONOTARY: CIVIL ACTION - AT LAW ASSIGN TO ARBITRATION Please mark the above captioned case settled and dismissed with prejudice. Date: ~ ~ 0/ Matthew J. Esheh~an, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Bill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 AMERICAN PERSONNEL MANAGERS AND CONSULTANTS, INC., Plaintiff vs. CANDICE DANZEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. Ol -4494 Civil Term CIVIL ACTION - AT LAW ASSIGN TO ARBITRATION I hereby certify 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 Ifill, Pennsylvania, through first class mail, prepaid and addressed as follows: Candice Danzey 428 South 17s' Street Harrisburg, PA 17104 ~~~ ~~ Date: Matthew J. Eshehnaln, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp IIill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 c, - __.. °r cv 11'tfi' -c :, ,~~_ C 'C _~ -- i-'~~ Cv; J-~:'I'~ y~ n cr; :~ \" ~~