Loading...
HomeMy WebLinkAbout07-4538C®MMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT ~ I COMMON PLEAS No. d'J ... ~~~ ~~ ,,~'~ NOTICE OF APPEAL ~ ~~ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. SHS Staffing Solutions NOTICE OF APPEAL Robert V. Manlove 4 Lemoyne Drive, Suite 100 Lemoyne PA 17043 7/17/07 CV-0000097-07 SHS Staffing Solutions ~~>w Cak„~„S v s. LY when this notation is R.C.P. D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. ~$ Linko Catering t_~tifs ~ Pt,.,.,~~ appellant was R. C. P. D. J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature o/ Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial Distract Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appel/ee. PRAECIPE: To Prothonotary , ..;,'; Enter rule upon LM~O f~t7 appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. d•~-., ~~-`~ ~L`t` '/ )within twenty (20) days after servic r o er en of judgment of non pros. ~~!'~) 1 Signatu a of appellant or attorney or agent RULE: To 1'N ~ ~ , appellees) Name of appell ) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. W ~../ f Date: t ~' / ignatu of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 r-~ "'' "a ~~ , M r=~ G s" ~~ ~ Z~. ~ ~ ~ r t~; ., ~ ~~ ~ ~, ti C ~ "G .. p `J i PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WfTH1N TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas N,o,~.;~,;upon the Magisterial District Judge designated therein on (date of service) , 2Q_, ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service^ by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on , 2~_ Signature of aibant AOPC 312A - 05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDMBERLAND Mag. Dist. No.: D9-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Address: 1901 STATE ST CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 SHS STAFFING SOLIITIONS 4 LEMOYNE DR APT/STS 100 LSMOYNE, PA 17043 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) ® Judgment was entered against: (Name' in the amount of $ ' 0 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rSHS STAFFING SOLIITIONS ~ 4 LEMOYNS DR APT/STS 100 LSMOYNE, PA 17043 L _1 VS. DEFENDANT: NAME and ADDRESS rLINEO CATERING ° ~ 301 MARxET ST PO 80g 206 ~MILLERSBIIRG, PA 17061 J Docket No.: CV-0000.097-07 Date Filed: 4/03/07 (Date of Judgment) LINSO CATERING SHS STAFFING SOLOTIONS Defendants are jointly and severally liable. n Damages will be assessed on Date & Time L^-- This case dismissed without prejudice, Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease ~ 7/17/07 Amount of Judgment $_ ` . 00 Judgment Costs $ . 00 0 Interest on Judgment $ Attorney Fees $ •~ Total $ .00 Post Judgment Credits $ Post Judgment Costs Certified Judgment Total $ 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 THIS NOTICE OF JUDGMENTlfRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDCaEMF~NT t19LD.~R ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~~~E~V~ED .~~j~ 2 ~ 20~T C> Date I..ce/rtif that this is a true JL ~7~~7 Date of U'C ,Magisterial District Jt, e proceedings containing the judgment. Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-06 DATE PRINTED: 7/17/07 10:31:00 AM J k~ ~ , - ~. ,. _. • COMMONWEALTH OF PENNSYLVANIA COUNTY OF`. CU~L88RI+AND Mag. Dist. No.: 09-1-02 SHS STAFFING SOLUTIONS 4 L>~OYN~E DR APT/ STlR 10 0 L~OYNE, PA 17043 NOTICE OF JUDGMENT/TRANSCRLPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rLINNO CATSRING 3 01 ' MA~tICBT ST PO 808..206 ~HILLS1jtS8DRG ;PA ,17061 t J_. ,, VS., 'DEFENDANT NF~ME~and AooR~s~ ' ~sa~~~~ STAI~~=~G °$oL~rzoxa U' , ~ 4 'LSl~AYNL D$ APT/ST8 100. 'L~OYNB.: PA-.-17043 L J Docket No.: CV-0000097-07 Date Filed: 6/21/07 - CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: -. xr,__ .~ _ __..._ .. - . -- : Judgment: _ FOR PLAINTIFF. . _. _ (:Q~te of Judgment) -.~: 7/17f 07 - --°T-- ® Judgment was entered for: (Name). LINKO CAT$RING ® Judgment was entered against: (Name) SHS STAFFING SOLUTIONS 3 014 5 in the amount of $ ' Defendants are jointly and severally liable. n ,Damages will be assessed on Date & Time Lai This case dismissed without prejudice. ~;~;', a ,Amount of Judgment Subject to Attachtnent/42 f~a.C.S. § 81.27 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 3, 014.53 Judgment Costs $ 00 Interest on.Judgment $ - 00 Attorney Fees $ •.00 Total ~ ,3.014..53 Post Judgment~Cl'editS $ Post Judgment- Costs Certified Judgment Total $ 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 THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON FLEAS, ALL FURTHER PJiOCES8 MUST COME FROM THE COURT OF COMMON`PLEAS AND NO FURTH7=R PROCESS MAY BE ISSUED BY TWE MAGISTERIAL' DISTRICT JUDGEy UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. r My commission expires first Monday of January, 2012 AOPC 3i5-06 DATE PRINTSD: --,..~~ ~ pf.the pracee~(r a 7/17/07 10;32:00 AN '? g{. .. ,;.~~ ' ~ -. w. ..~ N~~~~sterial Dtstr~ic~ Judge °, ~nt~Cning tlae•~udgment. Nrac~tsterial; C?istric# Judge ._ SEAL. ~ ~ "'' °"At.tlt~tx~• b7 - ~ 53$ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W1TH1N TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C,,~•w.1~.N9~ ; ss AFFIDAVIT: I hereb (swea (affirm) that I served '~h`n~~,rr 1 ~ ^ a copy of the Notice of Appeal, Common Pleas Np,~'...~ ,,;upon the Magisterial District Judge designated therein on p~ Wt ~ (date of servic~ , 2 O ^ by personal service ® by certifie (~ielered) mail, Lines Ca-k*~°~y AA sender's receipt attached hereto, and upon the appellee, (name) , on J Nv~vs~ 3 , 20 ^ by personal service® by certifie f*e~~y mail, sender's receipt attached hereto. W (AFFIRMEDLAND SUBSCRIBED BEFORE ME THIS DAY OF _~_, 20 Sig ature officia before whom i avit was made Signature of atiiant COM".~^~av^f=.,Gt,?!-t n~ PENNSYLVANIA J`11~C~~ ~\lb~-C ~<ar~~,1:.,cv:~•~xwY,NoiirYPubNc Title of o ial ~~~ .~a4;.r, { ~~•'` ~~~ ~~ My ~ ',, •~~•zt:~s~r.~.: r•;. March 22; 2011 My commission expires on~ 20 ~ ~ ~mt~er, ~~ennsywar^ia Association of Notarlsa ,_ ~ . ~- AOPC 312A - 05 i r M CER f l~if=t~ fvl~l~ f=iEf.;Ef=' f (Uonaestrc Mad Only, No dnsurance Coverage Yrovrdec ~- m Iti ~. _,. _.. Posse $ N I L ~ ~ ~, ~ . o cenlned Fee O e ~ ~ ~~~' ~ (EndK i d Requ • ~ 3 m 1 ~ O ~ Total Poefape & Fees ~ $3.Ob .,y~ `~ ~ i,~fSu'a* O o "~~ -~~crs _ PA i?b6 I o ~ i m m ~ Postage ~ Certlfied Fee ~ ~ Retum Reolept Fee (Endoreamerd Required) O Reetdded DelNery Fee i.r) (Endorsement Required) m '~ Total Poamge 8 Fees O o o un ~ r- . __ 73ireet;' '70'0::' ; _ C- ° ~ ,'yl V ,,, '~- fi7 ~..~~ - w " ~ O ~' T . r_~. , , t"; ` i`. ' ~ -~ =-j 4 ~- ~ E ~ E°r't f w CJs 4~IONWFAL'IrH OF PENNSYLVANIA ~r----- JURT Of= COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. Q'~_ .~/S'~ ~ ~,,. i NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. SHS Staffing Solutions Robert V. Manlove 4 Lemoyne Drive, Suite 100 Lemoyne PA 17043 DATE OF JUDGMENT IN THE CASE OF (Plaintirrl (De%ndant)' 7/17/07 SHS Staffing Solutions ~g Linko Catering DOCKET No. + ,^~ /_~^ SIGNATURE OF 0 ORAGEN7 CV-0000097-07 1~ lA 4~ ~. ~5 ~G,~" u~y~S d ~C rors co+~~~~~ i nis biocK will pe signed UNLY when this notation is required under Pa. R. C. P. D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. If appellant was Pa. R. G. P. D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy d "' o O -1'1 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE _rv cs ~m 11~: - ~ (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.D.J. No. 1001(7) in ac•tieforr:,~Jagis~ I District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. ~ ~^: ~ ~ ~ ~' N O m PRAECIPE: To Prothonotary - , ~:fi; ~ ~ Enter rule upon L,InKV nn appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ~ ~ )within twenty (20) days after servic r or er en of judgment of non pros. ~~~ Signatu a of appellant or attorney or agent RULE: To rH ~ n , appellees) Name of appelle ) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ~ ~~ a(Xj7 thonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUD`GMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 r R IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, PENNSYLVANIA WHARTON INVESTMENT FUND I, LP, t/d/b/a SHS STAFFING SOLUTIONS, Plaintiff, v. MICHAEL SWANGER t/d/b/a LINKO CATERING Defendant. No. 07-4538 Civil Term COMPLAINT 1. Plaintiff, Wharton Investment Fund I, LP, t/d/b/a SHS Staffing Solutions ("SHS"), is a Pennsylvania partnership, with a principal place of business at 4 Lemoyne Drive, Suite 100, Lemoyne, PA 17043. 2. Defendant, Michael Swanger, t/d/b/a Linko Catering ("Linko"), is an adult individual with a principal place of business at 301 Market Street, Millersburg, PA 17061. 3. SHS is a staffing company placing qualified job applicants with various local, national and international companies. 4. Upon information and belief, Defendant Linko is a full service caterer in the Corr~monwealth of iennsylvania. 5. On August 1, 2006, SHS and Linko entere d into an agreement !"Agreemen±") for SHS to provide laborers to Linko for the prices and rates set forth therein. A true and correct copy of the Agreement is attached hereto and made apart hereof as Exhibit A. V. Purseant to the terms of the Agreement, the laborers referred by SHS would work under the direction, supervision and control of Linko. 7. SIiS provided laborers pursuant to the parties' Agreement. S. To date, Linko owes SHS a total of $353.34 as a result of unpaid invoices for the services SHS provided. A summarized account of Linko's outstanding invoices is attached hereto and made a part hereof as Exhibit B. 9. Despite several demands, Linko has refused, and continues to refuse, to pay the amounts rightfully owing and due to SHS. COUNT 1-BREACH OF CONTRACT 10. SHS incorporates the foregoing paragraphs as though fully set forth herein. 11. SHS has fully and completely performed its obligations under its Agreement with Linko. 12. Linko has materially breached the Agreement by failing to make full payment to SHS. 13. SHS has sustained damages in the amount of $353.34 as a result of Linko's breach, plus accrued interest, filing fees, and attorney's fees as authorized by the Agreement. WHEREFORE, the Plaintiff, Wharton Investment Fund I, LP, t/d/b/a SHS Staffing Solutions, respectfully requests judgment in its favor and against the Defendant, Michael Swanger, t/d/b/a Linko Catering, in the amount of $353.34 plus accrued interest at the legal rate, costs, attorney's fees and such other relief as the Court deems just and appropriate. COUNT lI - UN.T.UST ENRICHMENT 14. SHS incorporates the foregoing paragraphs as though fully set forth herein. 15. If Linko is permitted to retain the services supplied by SHS, without making payment, Linko will be unjustly enriched in tl'ie amount of $353.34. WHEREFORE, the Plaintiff, Wharton Investment Fund L LP, t/d/b/a SHS Staffing Solutions, respectfully requests judgment in its favor and against the Defendant, Michael Swanger, t/d/b/a Linko Catering, in the amount of $353.34 plus accrued interest at the legal rate, costs, attorney's fees and such other relief as the Court deems just and appropriate. 7~~61 2 Respectfully submitted, Dated: A~ v q 2:~ WHARTON INVESTMENT FUND I, LP, t/d/b/a SHS STAFFING SOLUTIONS By: f ,S- Donald Bowman CFO /Corporate Controller SHS Staffing Solutions 4 Lemoyne Drive, Suite l 00 Lemoyne, PA 17043 (717) 724-9866 7R4fi VERIFICATION I hereby verify that I am Lindy L. Lewis, President of SHS Staffing Solutions; that as such I am authorized to make this verification; and that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. SHS STAFFING SOLUTIONS Dated: ~'"1 ~/~ B n y L. Le is resident 79451 4 r ,;,.-ii~-~uU6 TUE 01.31 PN1 CLIENTS 6.Y SHS FAX No.. 1119.205541 Ray la s~ S. ~~.../ STAFFING SERVICES AGREEMENT P. 003 THIS AGREEMENT is entered Into this 1st date~of August, 2006; between SHS Staffing Solutions/Events By SHS ("Company"), and Llnko Catering ("Client"). Intending to be legally bound, the parties agree as follows: 1. Deseriptlon, Location, and Pricing of services. The Company will undertake good faith efforts to assign employees to Client as needed to perform servlees at the location(s) and for file pricing, all as doscribad In the Proposed Rates (and any subsequent revisions) which Is attached hereto and Incorporated by reference. The pricing structure provided In the Proposed Rates is proprietary Information and shall remain confidential during and after the term of this Agreement. 2. The Company's Responslbllltles, The Company is an independent contractor and all employees referred under this agreement are the company`s employees unless agreed otherwise. As the employer, the Company will be responsible for t) compensating all employees referred under this Agreement; 2) withholding:. all. necessary taxes and withholding; and 3) providing worker's compensation Insurance and all other applicable employee bQnefite. Tie Company's employees shell not be entitled to participate in any of Client's employee benefit plans, including, but not`iimiteii,to;;:retirem@nt, Insurance, disability, bonus, vacation pay and other plans or policies provided by Client to its crnploy@es Th"A,iCompany will comply with all laws, regulations, and orders, to the extent applicable to the Company including, but not limited "fig+(~ws governing wages and hours, workers' compensation and the hiring of employees. 3. Client's Responsibilities. The services to be performed by employees provideU by the Company will be performed under the direction, supervision, and control of Client. Client is responsible for com.piying with all applicable laws, regulations, and orders governing the work performed under this Agreement or Client's treatment of the Company's employees, including, but not limited to, laws governing equal employment opportunity, occupational safety and health and other workplace standards. E^xcepl for Usual workers' compensation claims of the Comp~riy's @mpleyees, Client wilt be responsible for all claims; losses, expanses, and damages, including bodily injury and property damage to, any vehicle and !ts contents, machinery, equipment, or material In the c;:re, custody, or control of the Company's employees while assigned to Client. Client agrees to use the Company's employees only in the capacity for which Client has raqu~sted them. ~. Payment for Services. Clls.,t will pay the Company In accordance with tl~a prloing set forth In rho Proposed Rates. The Company will Invoice Client weekly and remittance will be net thirty (30) days upon Client's recolpt of the Company's invoice. Tha pricing ~providad in the Proposed Rates may` be• ad)usted after"thirty (30) days prior written notice to reflect Iricrsaees In taxes, banetii premiums, and other Costs beyond~thc Company's- control{ 'provided, upcr. receiving aueh notice, Client may #erminate the Agreement by providing thirty (30) days prior written notice. Gtnerwlse, the Company retains tho right to ad)u@t Its prloing after nln®t 90 days prier®written Holies. • ~~~^ Credit r~ards such as hA@sterCard and Visa are honored by SHS but will be process+~d at a fee of i.5% additional to the )nvolced emour.t_ $, Mtrfng bf the Company Employees. Clieht.(an~ its:afffliates and,agents) agrees n.ot.to offer io hire, hire; or engage, in any other' capacity any lndlvidua! referr~dunder this R~reement or~r3pteC any separate agreenisnt with any such Individual or his/her. represenfafive until coi»pletlon of thi3 minimum se,rvloe,period'of HOC hours., In the event Client hiros the Company employee.prior to completion of the mL-~imum service ;period,. If shall ba:respdtl&ibig for"immediately paying the Company the per Hours service foe which Is the differential between fhe hourly 6111 R2te .(69s f'ropo~~d ~Qtes) lass the employee's hourly pay rate (Includlny the payroll burden) for all of the remaining hour within the minimum seCVlde period. Alter completion of the minimum service period, Client riay hire the Corrpany employee without any adttitionwi fees, ' ~o' EXI'I4F AUG-08-2006 TUE 0 131 PM EUCNTS BY SHS FRX No. 1119205541 P. 004 6, Term. The term of this Agreement begins as of the date first shown above and wilt continue In effect until terminated by either party upon not less than ninety (90) days' prior written notice to the other, Tho Company reserves the right, however, to terminate this Agreement immediat®ty In the event of nonpayment for services rendered. In the event of termination, this Agreement will ~'9 continue to govern the parties' rights and obligations with respect to services performed prior to termination. 7. Documentation of Tlme Worked. Clleni agrees to approve and sign accurate documentation of time worked presented to It by the Company's employees and shall promptly submit such documentation to the Company. Client's signature on each time record certifies that fhe hours shown are correct and that the werk was performed to Client's satisfaction. Client turther acknowledges that its representative who signs time records Is authorized to do so and that the Company may rely upon that signature as binding upon Client far purposes of lnvoidng, FaXOd time records shat{ be accepDsd far purposes of invoicing. 'Y . 8, Indemnification by the Company. The Company wilh lndemtiify, defend and hold harmless Client and its directors, officers, shareholders, employees, and agents tYom and against all-.demands, claims, actions, losses, Judgments, costs, and expanses, including reasonable attorney fees, Imposed upon or Incurred by Client to the extent arising out of any of the following; (a) The Company's failure to eomplywith applicable laws, regulations, or orders; (b} Any negligent act or omission or intentional misconduct ___..__ on.the..part-of-th~Cempan+t;-(~)-BreaeFt-of•-any-obHgation-ot^the-CorttpTa-ny contafnetl-in this Agreeme~-or~dj7~ny direct clairn-for workers' compensation benefits asserted against Clienk by any Company employee or, in the event of death, by their pel•sonal representatives. s3, indemnlflcatlon by Client. [=xcept as provided above, Client will indemnify, defend, and hold harmless the Company and Its directors, officers, employees, and agents from arid against all damages Imposed upon or Incurred by the Company to the extent arising out of any of the following: (a) Client's (or Its employees') alleged failure to comply with applicable laws, regulations, or orders; (b) Any alleged negligent act or omission or intvnttanaf misconduct an the paR of Client, its officers, employees, or agents; (c) Breach of any obligation of Client contained in thla Agrasment. 10. No<Ifleation of Claims. Client and the Company agree to notify each other in writing of any asserted claim within ten (10) days of either discovery of the occurrence upon which the claim may be based or learning of the claim, whichever occurs first. 11. Govarntng Law/Remedies. This Agreement will be governed by and construed in accordance with the taws of Pennsylvania and the venue for any suit filed in oonnecfion -with this Agreement shall be the Court of Common Pleas of Dauphin County, provided, any claim Involving damages of less than $20,000 may be resolved by an arbitrator selected from a panel provided by the American Arbitration Association. Thv prevailing. party in any dispute regarding payments owed under this Agrasment shall be entitled to recover reasonable costs and attorney's fees from the other party and interest, if applicable. 12. Waiver, Any delay or waiver by a party to declare a breach or soak any rem©dy available to it under this Agreement or by law will not constitute a waiver as to any past or future breaches or remedies. The parties hereby agree to be legally bound by the terms outlined above and on the attached Proposed Rates by signing below. Linko Catering f'a7: Box 206 ~tillvreburQ~A (. ~ f' ba e Events by SHS 4801 Jonestown Road, Suite 14% Harrisburg, PA 17109 Cortney M. W' on Statfing Coor Hater Uate ' . .. .''.~~'~l a .{~ ..i. ~ ~o/ebreting 36 Years oi.Sratiina 3tzecessJ 4999 Jonestown Road, Suite 201 i Harrisburg. RA 17.108 • Phone ~ 717.641.8a4t's - ~ Fax - 71 ~-541-1102 EXHIBIT A AUa-08-2006 TUE U1~30 PM EVENTS BY SHS FAX No. i1i9205541 P~002 N~ , Q~D' LINKO CA1"ERING P~tOPOSED RATES In accordance with the Proposed Rates, the Company w111 undertake efforts to provide employees to Client In accordance with the following terms and specifications for one year as of the effective date indicated below: A. SKILL CLASSIFICATIQN Pav Rate UI{I a e*__ Banquet Server $8.00$9.00 $12.50-$14.00 ._ Client will be billed 1 ~/~ times the normal bill rate for all hours worked by any employee in excess of fort 40 er week. ~~~~ Credit Cards such as MasterCard and Visa are honored by SHS but will be processed at a fee of 1.5% additional to the Invoiced amount. Client will be responsible fora 4 hour minimum of daily services by each employee provided by (=vents by SMS. 8, 1F YOU WANT TO HIRE: A minimum service period of 500 hours of work for Client under the Agreement; provided, nothing In this Agreement shall be construed to require Client to hire any Company employee or to retain any employee for any period of time. C. CUSTOM MATCH: Each applicant will `receive appropriate ski(Is evaluations, work related references, personal interviews, and thorough screening to.~ custom match each client's specific job description. However, unless requested by the client. we do not conduct a backg-•ound investigation or drug screen, • Client agrees that the Company employees will not be entrusted with unattended premises, cash, c!:ecks or other valuables ~vithout the Company's. prior consent and then only under Client's direct supervision. lwinko Catering P.O. Box 2U6~ Mill~b~q,,~A 1.7061 e }' I ~~ Date l %~ ,. Events by SNS 4807' Jonestown Road, Suite 147 Harrisburg, PA 17109 ~ ^ ~ Cornet' M. ikon Staffing Coordinator Date 'J ~~ 1 'r ~• ' f CelEtsratfn~ 381~eais'o.f StafFng Success/ 499s Jonestowwn Road, Suite 201, Harrisburg, PA 17149. • ?hone-717-841-A44e - •Fax-?17.541.1102 EXHIBIT A SHS Staftfng Solutions DETAIL A/R AGING REPORT Date-08/07/01 Ref# AR-05-O1 _ Time- 8;26;29 Page 1 AGED AS OF 08/06/07 CUSTOMERS 14540 TO 19590 Indicates an adjusted invoice balance All A/R Account Numbers Reported CUSTOMER # NAME CONTACT TELEPHONE # TERMS CUSTOMER TYPE 19590 Linko Catering Mike Swanger 117-362-9711 Net 30 Days OPEN ITEM Comment; Last Pay Date; 12/01/06 Avg Pay Days: 70 DOCUMENT # TYPE APPLY TO # DOC DATE DUE DATE DAYS REFERENCE ; ,; _ TOTAL Current 31-60 Days 61-96 Days Over 90 Days 41380 INVC 12/15/06 01/19/07 234 TEMPS PLACEMENT 226.19 41565 INVC 12/29/06 01/28/01 220 TEMPS PLAC>MENT ' '`''~ 56.53 91693 INVC 01/05/07 02/09/07 213 TEMPS PLACEMENT 10.67 CUSTOMER TOTALS------------> 353.39 .00 .00 .00 353.39 ------------------------- ----------- GRAND -------------------------------------------- TOTALS------------> 353.39 ------------------------------------------- .00 .00 .00 --------- 353.39 EXHIBIT B t--~~ct ~~ ~r ~rt `'f,4 j~ T .f ~ 1 ~ .. ~ ? ry ~ 6 ~ 4.s 1 .~. GJ