HomeMy WebLinkAbout08-2903IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA - Civil Division
AGRICULTURAL CREDIT
ASSOCIATION, A.D. No. 2008 -
2963
Plaintiff,
Type of Filing:
V.
COMPLAINT IN CIVIL ACTION
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a SHS
STAFFING SOLUTIONS,
Defendant.
Filed on Behalf of:
Plaintiff.
Counsel of Record:
Thomas W. King, III, Esquire
Pa. I.D. No. 21580
David M. Howes, Esquire
PA I.D. No. 20046
DILLON McCANDLESS KING.
COULTER & GRAHAM, L.L.P.
128 West Cunningham Street
Butler, PA 16001
Telephone: 724-283-2200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA -
AGRICULTURAL CREDIT
ASSOCIATION,
Civil Division
A.D. No. 2008 -
Plaintiff,
V.
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a SHS
STAFFING SOLUTIONS,
Defendant.
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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone: 800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA -
AGRICULTURAL CREDIT
ASSOCIATION,
Civil Division
A.D. No. 2008 - a q 03
Plaintiff,
V.
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a SHS
STAFFING SOLUTIONS,
Defendant.
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT
COLLECTION ACT, 15 U.S.C. § 1601
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information
obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff
is the Creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your
receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the
Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the
undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any
portion thereof, is disputed, the undersigned attorney shall obtain written verification of said debt
from the Plaintiff and mail the same to the Debtor. Upon written request by Debtor to the
undersigned attorney within the said thirty (30) day period, the undersigned attorney will provide
Debtor with the name and address of the original Creditor, if different from the current Creditor.
Thomas W. King, III, Esquire
David M. Howes, Esquire
DILLON McCANDLESS KING COULTER & GRAHAM, L.L.P.
Attorneys at Law
128 West Cunningham Street
Butler, PA 16001
Telephone: (724) 283-2200
FAUsersldnthWgChoice\SHS Staffing SolutionsTomplaint.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA - Civil Division
AGRICULTURAL CREDIT
ASSOCIATION, A.D. No. 2008 - 6
Plaintiff,
V. :
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a SHS
STAFFING SOLUTIONS,
Defendant.
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, AgChoice Farm Credit, ACA - Agricultural Credit Association
by and through its attorneys, DILLON McCANDLESS KING COULTER & GRAHAM, L.L.P., and
files this Complaint as follows:
1. Plaintiff, AgChoice Farm Credit, ACA, is a foreign business corporation with a
registered address of 900 Bent Creek Boulevard, Mechanicsburg, Cumberland County, Pennsylvania,
17050.
2. Defendant, Wharton Investment Fund I Limited Partnership, has a registered office
of 1800 Linglestown Road, Suite 301, Harrisburg, Dauphin County, Pennsylvania, 17110, and is
doing business as SHS Staffing Solutions with a last-known address of 4999 Jonestown Road,
Harrisburg, Dauphin County, Pennsylvania, 17109.
FAUsers\dmh\AgChoice\SHS Staffing Solutions\Complaint.wpd -I-
3. During 2005 and/or 2006, Plaintiff entered into a Direct Hire Agreement with
Defendant in Cumberland County, Pennsylvania, for the provision of recruiting and staffing services.
A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference.
The fully-executed copy of the Agreement is in the possession of the Defendant, and/or, the parties
operated under the terms and conditions set forth therein.
4. Pursuant to said Agreement, during 2006, Defendant referred Nat Finkin to Plaintiff
as a candidate for an open employment position.
5. On August 1, 2006, Plaintiff hired Nat Finkin pursuant to the aforementioned Direct
Hire Agreement.
6. Shortly thereafter, it was determined that Nat Finkin was not a good fit for Plaintiff's
organization and he was terminated on August 22, 2006.
7. Pursuant to the Direct Hire Agreement, if a candidate is discharged for just cause or
voluntarily resigns without necessitous cause within thirty (30) days from the candidate's starting
date, SHS will conduct a good-faith search for a replacement candidate at no additional cost to the
client.
8. No suitable replacement candidate was provided by Defendant.
9. The Direct Hire Agreement further provides under "Replacement Guarantee and
Payment Terms" that SHS will refund the placement fee.
10. The replacement fee paid by Plaintiff to Defendant with respect to Mr. Finkin was
$22,000.00. A copy of Plaintiff's payment history to Defendant showing the $22,000.00 payment
is attached hereto as Exhibit "B" and incorporated herein by reference.
FAUsers\dmh\AgChoice\SHS Staffing SolutionsTomplaint.wpd -2-
11. Plaintiff has made repeated requests, both on its own and through its counsel, for the
refund of the $22,000.00 placement fee. Said correspondence is attached hereto as Exhibits "C" and
"D" and is incorporated herein by reference.
12. Despite repeated requests for payment of the $22,000.00, Defendant has failed and/or
refused to make payment to Plaintiff in the foregoing amount.
13. The Agreement further provides that if legal action is necessary to collect the
placement fee, the prevailing party will be entitled to reimbursement for all expenses, including
reasonable attorney's fees.
WHEREFORE, Plaintiff, AgChoice Farm Credit, ACA - Agricultural Credit Association,
demands Judgment in its favor and against Defendant, Wharton Investment Fund I Limited
Partnership, d/b/a SHS Staffing Solutions, in the amount of Twenty-Two Thousand Dollars
($22,000.00), plus interest, costs, and reasonable attorney's fees of Ten Percent (10%) or $2,200.00,
plus costs.
Respectfully submitted,
DILLON McC S I G COULTER GRAHAM L.L.P.
Thomas W. King, III
David M. Howes
Attorneys for Plaintif
F:\Uws\dmh\AgChoim\SHS Staffing Solutions\CompWitt.wo -3-
i?.1,Li?Vit;Yi trsY i Vlll.Ji,:.ll L"?IJ SVGL'lYliitV t '
Keim, Brina M.
From: Higgins, Hugh jhhiggins@shsjobs.com]
Sent: Tuesday, January 15, 2008 11:30 AM
To: Keim, Brina M.
Subject: Copy of draft
Brina, here is the copy of the draft from 2005, I'm looking for the completed contract. Hugh
DIRECT HIRE AGREEMENT
r agc 1 V1 L
THIS AGREEMENT is entered into this , by and between Ag Choice Farm Credit
(hereafter "Client") and SHS Staffing Solutions (hereafter "SHS"); intending to be legally
bound, the parties agree as follows. The Client authorizes and engages SHS to conduct a search for
direct-hire position(s). SHS shall refer candidates to the Client based upon the job description
parameters for Client's position.
Placement Fee: Client shall pay SHS a fee based upon the
candidate's first year gross earnings multiplied by the applicable
Service Charge percentage listed in the table to the right. plus 6%
Cross Yearly Service
Earnings
Char e
Total Gross
Yearly Earnings 20%
Pennsylvania Sales Tax ("Placement Fee"). SHS' Placement Fee is payable if a candidate submitted by
SI-IS to the Client or its affiliates, successors, agents or assigns begins employment in any capacity from
the date of referral through the one-year anniversary of SHS' referral. Referrals are supplied to Client on
a confidential basis. The Placement Fee is non-refundable.
Replacement Guarantee and Payment Terms: (a) If the candidate is discharged for just cause or
voluntarily resigns without necessitous cause within thirty (30) days from the candidate's starting date,
SHS will conduct a good-faith search for a replacement candidate at no additional cost to the Client.
Client must notify SHS within three (3) days of the candidate's separation from Employer. This
replacement candidate offer is limited to one candidate; (b) If the candidate hired by the Client fails to
start employment with the Client, at Client's option SHS will: (1) conduct a good-faith search for
another candidate at no additional cost to the Client, or (2) return the Placement Fee_ The Placement Fee
is due in full not later than the candidate's starting date of employment. In order for the Replacement
Guarantee to apply, SHS must receive the Placement Fee in full within ten (10) days of the candidate's
start date; otherwise full payment shall be due and SHS shall have no obligation to honor the
Replacement Guarantee. Interest will accrue at the rate of 1.5% per month for any unpaid balances.
Other Terms: Unless otherwise specifically provided to Client in writing, SHS Staffing Solutions has
not conducted any investigations regarding the candidate, including but not limited to a background
check, skills testing, employment history, criminal or educational background checks or any other
EXHIBIT
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investigative due diligence or assessments to verify candidate's suitability or qualifications for a
position. Client retains sole discretion and authority to determine whether to interview, to extend an
offer of employment and to determine the suitability of a candidate for a particular job.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and any disputes
arising under this Agreement shall be brought in the Court of Common Pleas of Dauphin County. If any
legal action is necessary to collect the Placement Fee; the prevailing party will be entitled to
reimbursement for all expenses; including reasonable attorney's fees. We hereby intend to be mutually
bound by the terms of this Agreement and each represent that we have the authority to enter into this
Agreement. We acknow=ledge that a facsimile or copy of this Agreement shall be as valid as the original.
Client
SRS Staffing Solutions
By
Printed Allyn Lamb
Title: PresidentICEO
By:
Printed Llu-,h
'title: Executive Recruiter
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January i5, 2008
Dear Mr- ?+;ic111s;
ands itiz?g to formally request a complete refund it the amount of S22.000 for the
p'acement fee associated with Nat Finkin-
«-s You may recall, we hired Nat t=inkin, SHS Staffing's candidate can 8/1.,"06, We
terminated Nat on $.'22/06 due to hint not being a good ft for the organi7ati011.
: g hoice has provided you our open job positions listings see°eral times through 2007-
«niortunatelL? None of the few candidates that were prop:=ideal o Ag"hoice v'a SHS
Staff tn- had the needed skills set to enable AgC hoice to utilize this signi cant credit o:.
522,000.
E=nough tinge has passed with, no success in hiring an SITS Staffing candidate- `therefore.
please provide the --equested refund.
you,
ia- "Y
?- f
All I yn J..YLam-b
pr .sident CE'O of A-Choice Farm Credit
EXHIBIT
C
DILLON MCCANDLESS KING COULTER & GRAHAM L.L.P.
ATTORNEYS AT LAW
THOMAS W. KING. III
JAMES P. COULTER
DONALD P. GRAHAM
128 WEST CUNNINGHAM STREET
BUTLER, PENNSYLVANIA 16001
(724) 283-2200
FACSIMILE (724) 283-2298
CRANBERRY OFFICE:
MARY JO DILLON
MICHAEL D. HNATH
MATTHEW F. MARSHALL
THOMAS E. BRETH
ANDREA C. PARENTI
RONALD T. ELLIOTT
MICHAEL K. ENGLISH
DAVID M. HOWES
H. WILLIAM WHITE III
OF COUNSEL:
CHARLES E. DILLON
TIM SHAFFER
SHS Staffing Solutions
4999 Jonestown Road
Harrisburg, PA 17109
ATTN: Mr. Hugh Higgins
April 4, 2008
800 CRANBERRY WOODS DR.. STE. 100
CRANBERRY TWP.. PA 16066
(724) 776-6644
FACSIMILE (724) 776-6608
GREENSBURG OFFICE:
140 SOUTH MAIN ST., STE. 203
GREENSBURG, PA 15601
(724) 689-1600
FACSIMILE (724) 283-2298
THIS LETTER IS PREPARED FOR THE PURPOSE OF ATTEMPTING TO COLLECT A DEBT
AND YOUR IMMEDIATE ATTENTION SHOULD BE GIVEN TO THE PAYMENT OF THE
AMOUNT CONTAINED HEREIN. ANY INFORMATION OBTAINED AS A RESULT OF YOUR
RECEIPT OF THIS LETTER WILL BE USED IN COLLECTING THIS DEBT.
WE WILL ASSUME THAT THE AMOUNT STATED IN THIS COLLECTION LETTER IS
CORRECT UNLESS YOU ADVISE US OTHERWISE WITHIN THIRTY (30) DAYS OF THE DATE
OF THIS LETTER; IN WHICH CASE, WE WILL FORWARD A VERIFICATION OF THE DEBT
TO YOU.
Dear Mr_ Higgins:
I am writing as the General Counsel of AgChoice Farm Credit, ACA, with regard to the matter of
the hiring of Nat Finkin through your company on August 1, 2006.
This matter has previously been the subject of a letter from Mr. Allyn L. Lamb, the President and
CEO of AgChoice Farm Credit, ACA, dated January 15, 2008.
In Mr. Lamb's letter, he requested the repayment of $22,000.00 forthe placement fee associated with
Mr. Finkin's hire. Our understanding is that the placement fee would be repayable pursuant to your firm's
guarantee in the event that the conditions described in the Direct Hire Agreement were met.
In this particular case, we believe that the termination of Mr. Finkin within 30 days of his hire and
in accordance with the terms of your provisions require your firm to repay the $22,000.00 placement fee to
AgChoice Farm Credit, ACA.
K \AeChoice\SHS Staffing Solutions.ksb.wpd
EXHIBIT
D
DILLON MCCANDLESS KING COULTER & GRAHAM L.L.P.
SHS Staffing Solutions
ATTN: Mr. Hugh Higgins
April 4, 2008
Page Two
Will you, therefore, immediately process this refund and forward to the undersigned within the next
ten (10) days payment in full of $22,000.00.
The inaction of your company since Mr. Lamb's letter of January 15, 2008, has lead us to conclude
that unless this sum is forthcoming in accordance with this letter, we will initiate legal action to collect the
same.
Very truly yours,
DILLON McCANDLESS KING COULTER & GRAHAM L_L.P.
zz-
Thomas W. King, III lj
TWK:ksb
cc: Mr. Allyn L. Lamb, President/CEO - AgChoice Farm Credit, ACA
Ms. Brina Kelm - AgChoice Farm Credit, ACA
KAASChoic %SHS Staffing Solutions.ksb.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
AGCHOICE FARM CREDIT. ACA -
AGRICULTURAL CREDIT
ASSOCIATION.
Plaintiff-.
V.
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a SHS
STAFFING SOLUTIONS,
Defendant.
Civil Division
A.D. No. 2008 -
VERIFICATION
I, Allyn L. Lamb, do hereby verify that I am an authorized representative of the Plaintiff in
the within action; that the attached document is based upon facts of which I have personal knowledge
or knowledge supplied to me by my attorney; and that the facts set forth in the foregoing document
are true and correct to the best of my knowledge, information and belief. I understand that the
statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to
unsworn falsifications to authorities.
Date: ? -
Allyn L. L , PreNdenYC'EU- '
AgChoice m Credit, ACA - Agricultural
Credit Association
F Ui emQm4NAgChoke\SHS Staflimt SolotimA."omplaint-pd
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-02903 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AGCHOICE CREDIT ETAL
VS
WHARTON INVESTMENT FUND ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
WHARTON INVESTMENT FUND I LIMITED PARTNERSHIP
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May 27th , 2008 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00 - - %?
Surcharge 10.00 R. Thomas Kline
Postage 2.53 Sheriff of Cumberland County
.00
./ 4l o `?,0 9, .
39.53
05/27/2008
DILLON MCCANDLESS KING
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-02903 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AGCHOICE CREDIT ETAL
VS
WHARTON INVESTMENT FUND ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
SHS STAFFING SOLUTIONS
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of DUAPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May 27th , 2008 , this office was in receipt of the
attached return from DUAPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
So answers,--
6.00
.00
10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 ? a1a 41O ? 9'.
05/27/2008
DILLON MCCANDLESS KING
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Peniisylvaiila,
AGChoice Farm Credit et al
VS.
Wharton Investment Fund I Limited Partnership et al
SERVE: No. 08-2903 civil
same
Now, May 13 , z 0 o$ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of.Service
Now, , 20 , at o'clock M. served the
within
upon
at
by handing to
a copy of the original
and made known to the contents thereof.
So answers,
Sworn and subscribed before
me this day of , 20
Sheriff of . County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
?ifitt, of the "*frerut
Mar Jane Snder
R al Estate Depu
William T. Tully
solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. SheafFer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
AGCHOICE FARM CREDIT ET AL
VS
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP
Sheriffs Return
No. 2008-T-1107
OTHER COUNTY NO. 2008-2903
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and
return, that I made diligent search and inquiry for WHARTON INVESTMENT FUND I LIMITED
PARTNERSHIP the DEFENDANT named in the within COMPLAINT and that I am unable to find
him/her in the County of Dauphin, and therefore return same NOT FOUND, MAY 22, 2008.
PER BUILDING MANAGER, THEY'VE OWNED BUILDING SINCE 2002; DEF HAS NOT BEEN
HERE DURING THAT TIME
Sworn and subscribed to
before me this 22ND day of May, 2008
NOTARIAL SEAL
RY JANE SNYDER, Notary Publi
Highspire, Dauphin County
0
Fm5yCommission Ex irm Sept 1 2010
So Answers,
Sheri of Dauphin ounty, Pa.
By W Am,
Depu eri
Deputy: G MILLER
Sheriffs Costs: $66.5 5/19/2008
In The Court of Common ]Pleas of Cumberland. County, Pennsylvania
AGChoice Farm Credit et al
VS.
Wharton Investment Fund I Limited Partnership et al
SERVE: SHS Staffing Solutions No. 08-2903 civil
Now,-May 13 , z 0 0:8 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original So answers,
the contents thereof.
Sheriff of County, PA
COSTS
Sworn and subscribed before SERVICE $
me this day of , 20 MILEAGE
AFFIDAVIT
20 , at o'clock M. served the
(Atlitip, of the "*4Crr'Wrf
Jane Snder
Max
Real Estate Depu
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
AGCHOICE FARM CREDIT ET AL
VS
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP
Sheriffs Return
No. 2008-T-1107
OTHER COUNTY NO. 2008-2903
And now: MAY 22, 2008 at 10:43:00 AM served the within COMPLAINT upon SHS STAFFING
SOLUTIONS by personally handing to PATTY DONALD 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at 4999 JONESTOWN ROAD
HARRISBURG PA 17109
SERVED RECEPTIONIST
Sworn and subscribed to
before me this 22ND day of May, 2008
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin Cmanty
M Commission Expires S !Z, 1, 2010
So Answers,
'7 ?
Sheriff o up . C Pa.
By
Deputy S eriff
Deputy: G MILLER
Sheriffs Costs: $66.5 5/19/2008
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA
AGRICULTURAL CREDIT
ASSOCIATION,
Plaintiff,
V.
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a
SHS STAFFING SOLUTIONS,
Defendant.
Civil Division
A.D. No. 2008-2903 Civil Term
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Kegel Kelin Almy & Grimm LLP as counsel on behalf of
Wharton Investment Fund I Limited Partnership, d/b/a SHS Staffing Solutions. Please serve any
and all papers relating to this matter at 24 North Lime Street, Lancaster, Pennsylvania, 17602.
Dated: 0
KEGEL KELIN ALMY & GRIMM LLP
By: ',A-A 1)'
enise E. E , Esqui
Attorney I.D. No. 200735
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for Defendant
Wharton Investment Fund I Limited
Partnership, d/b/a SHS Staffing Solutions
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe
for Entry of Appearance was served this day of Y]AA&A 2008, by first class
mail, postage prepaid, upon the following persons:
Thomas W. King, III, Esquire
David M. Howes, Esquire
Michael K. English, Esquire
Dillon McCandless King Coulter & Graham LLP
128 West Cunningham Street
Butler, PA 16001
Dated: 1/.,Z 0. 0 b By: A-A- LU?7?
vise E. Ell t Esquire
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA
AGRICULTURAL CREDIT
ASSOCIATION,
Plaintiff,
V.
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a
SHS STAFFING SOLUTIONS,
Defendant.
Civil Division
A.D. No. 2008-2903 Civil Term?
?;
71 t 71
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PRELIMINARY OBJECTIONS OF DEFENDANT WHARTON INVESTMENT
FUND I LIMITED PARTNERSHIP, d/b/a SHS STAFFING SOLUTIONS
Defendant Wharton Investment Fund I Limited Partnership, d/b/a SHS Staffing Solutions
("SHS"), by counsel and pursuant to Pa. R. Civ. P. 1028, files a preliminary objection to the
Complaint of Plaintiff AgChoice Farm Credit, ACA - Agricultural Credit Association
("AgChoice") in the nature of a Demurrer under Rule 1028(a)(2) on the basis that the agreement
between the parties does not permit the relief requested, and in support thereof relies upon its
brief to be subsequently filed pursuant to Cumberland County Local Rule 1028(c)(5).
WHEREFORE, SHS respectfully requests that the Complaint be dismissed with
prejudice.
Dated: to - Z- - 0 0
KEGEL KELIN ALMY & GRIMM LLP
By: wT?
emse E. E ' tt, E
Attorney I.D. No. 200735
24 N. Lime Street
Lancaster, PA 17602
(717) 392-1100
Counsel for Defendant
Wharton Investment Fund I Limited
Partnership, d/b/a SHS Staffing Solutions
r
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Preliminary
Objections of Defendant Wharton Investment Fund I Limited Partnership, d/b/a SHS Staffing
Solutions was served this J-D %y of , 2008, by first class mail, postage
prepaid, upon the following persons:
Thomas W. King, III, Esquire
David M. Howes, Esquire
Michael K. English, Esquire
Dillon McCandless King Coulter & Graham LLP
128 West Cunningham Street
Butler, PA 16001
Dated: b By
enise E. Alliott, Es
* , v
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA -
AGRICULTURAL CREDIT
ASSOCIATION, A.D. No. 2008 - 2903 Civil Term
Plaintiff,
Type of Filing:
V.
ACCEPTANCE OF SERVICE
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a SHS
STAFFING SOLUTIONS,
Filed on Behalf o£
Defendant. Plaintiff.
Counsel of Record:
Thomas W. King, III, Esquire
Pa. I.D. No. 21580
David M. Howes, Esquire
PA I.D. No. 20046
DILLON McCANDLESS KING.
COULTER & GRAHAM, L.L.P.
128 West Cunningham Street
Butler, PA 16001
Telephone: 724-283-2200
-,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA -
AGRICULTURAL CREDIT
ASSOCIATION,
Plaintiff,
V.
WHARTON INVESTMENT FUND I
LIMITED PARTNERSHIP, d/b/a SHS
STAFFING SOLUTIONS,
Defendant.
A.D. No. 2008 - 2903 Civil Term
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Civil Action on behalf of the Defendant and certify that
I am authorized to do so.
6aA
Eric Athey, Esq e
Date: ? ????
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that on this ::P 3 day of 2008,
a true and correct copy of the foregoing ACCEPTANCE OF SERVICE Vas served by depositing
the same in the U.S. Mail at Butler, Pennsylvania, via first-class mail, postage prepaid, upon the
following persons:
Eric Athey, Esquire
KEGEL KELIN ALMY & GRIMM, LLP
24 North Lime Street
Lancaster, PA 17602
DILLON McCANDLESS KING
COULTER & GRAHAM, L.L.P.
A4i-,_
Michael K. English
Attorneys for Plaintiff
ar
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Aga-cice Fmp Credit, ACA - Agriculttm 1.
Credit tion, 20 1 P 26 AM 11: 13
vs Case No. 2008-2903
CUMBERLAND COUNT, Ie
PENNSYLVANIA
U-m tcn hwest mt Furd I I=ted a=gzalap
a SEE Staffirg Solutions
Statement of Intention to Proceed
To the Court:
the Plaintiff, Agftice Farm Credit, ACA intends to proceed with the above captioned matter. EbgLigh A Print Name Michad K. Sign Name ??
Date: 915/11 Attorney for Plaintiff
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
1. t-.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA Civil Division - Law
C.A. No. 2008-2903
Plaintiffs,
V. Type of Filing: ,
WARTON INVESTMENT FUND I, PRAECIPE TO SETTLE y
LIMITED PARTNERSHIP, d/b/a SHS -<
AND DISCONTINUE WITH ca
STAFFING SOLUTIONS
PREJUDICE c
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ma
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D C
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Cc,
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Defendants. c=
Filed on Behalf of.
Plaintiffs.
Counsel of Record:
Michael K. English
Pa. I.D. No. 74030
DILLON McCANDLESS KING
COULTER & GRAHAM L.L.P.
128 West Cunningham Street
Butler, PA 16001
Telephone: (724) 283-2200
'x . ,.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AGCHOICE FARM CREDIT, ACA Civil Division - Law
: C.A. No. 2008-2903
Plaintiffs,
V. Type of Filing:
WARTON INVESTMENT FUND I,
LIMITED PARTNERSHIP, d/b/a SHS
STAFFING SOLUTIONS
Defendants.
PRAECIPE TO SETTLE AND DISCONTINUE WITH PREJUDICE
To: David D. Buell, Prothonotary
1 Courthouse Square
Suite 100
Carlisle, PA 17013
Kindly mark this case settled and discontinued with prejudice.
Respectfully submitted,
DILLON McCANDLESS KING
COULTER & GRAHAM L.L.P.
ichael K. English
Attorney for Plaintiff
-1-
l ,f
CERTIFICATE OF SERVICE
AND NOW, this ?'day of ?Oz? , 2011, I hereby certify that I have this day,
by United States Mail, postage prepaid, mailed a true and correct copy of the within PRAECIPE
TO SETTLE AND DISCONTINUE WITH PREJUDICE to:
Stephanie Carfley, Esquire
McNees Wallace & Nurick LLC
570 Lausch Lane
Suite 200
Lancaster, PA 17601-3057
DILLON McCANDLESS KING
COULTER & GRAHAM, L.L.P.
Michael K. English
Attorneys for Plaintiffs