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Home My WebLink About08-6407SALES SEARCH INTERNATIONAL, INC., t/a STRATEGIC SALES SEARCH 225 South 19`h Street Camp Hill, PA 17011 Plaintiff V. PIVOT3, INC. 6605 Cypresswood Drive Spring, TX 77379 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 0 Re G y6 7 C- CIVIL ACTION - LAW AND EQUITY Defendant NOTICE 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 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dfas despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 SH AKER ILLIAMS, P.C. Dated: 10. lat)6 By 1 14X An ony J. Foschi, I.D.# 55895 Ry P. Siney, I.D. #209190 P.O. Box 88 Harrisburg, PA 17108 (717) 909-1655 Attorneys for Plaintiff SALES SEARCH INTERNATIONAL, INC., t/a STRATEGIC SALES SEARCH 225 South Wh Street Camp Hill, PA 17011 Plaintiff V. PIVOT3, INC. 6605 Cypresswood Drive Spring, TX 77379 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 4 - (o y6 7 -Yef"L CIVIL ACTION - LAW AND EQUITY COMPLAINT AND NOW COMES the Plaintiff, Sales Search International, Inc. t/a Strategic Sales Search, by and through its counsel, Shumaker Williams, P.C., and states the following: 1. Plaintiff, Sales Search International, Inc. t/a Strategic Sales Search ("SSI") is a Pennsylvania corporation with its principal place of business located 225 South 19ffi Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Pivot3, Inc. ("Pivot3") is a Texas corporation with its principal place of business located at 6605 Cypresswood Drive, Spring, Texas, 77379 3. SSI is a personnel search firm which seeks out and matches qualified individuals for job openings in the computer software, computer hardware, technological consulting, networking and e-commerce fields. 4. Pivot3 develops and offers methods for storing electronic data. 1 • 5. In or about early January, 2008, Pivot3 expressed interest in engaging SSI to search for a candidate for Pivot3's Vice President of Sales for its eastern region. 6. On or about January 7, 2008, an representative SSI sent Pivot3's President and Chief Executive Officer, Robert Fernander ("Fernander"), a Recruiting Agreement ("Agreement") setting forth SSI's compensation in the event that SSI was successful in its search for Pivot3's open position. 7. On or about March 3, 2008, Fernander signed and returned the Agreement. See Recruiting Agreement, attached hereto as Exhibit "A." 8. SSI was successful in its search for Pivot3's Vice President of Sales, and Pivot3 ultimately hired SSI's proposed candidate, Carl Rysdon, on or about July 14, 2008. COUNTI BREACH OF CONTRACT 9. Paragraphs 1 through 8 above are incorporated herein by reference as if set forth in their entirety. 10. The Agreement constitutes a contract between SSI and Pivot3. 11. Pursuant to the Agreement executed by Pivot3, SSI will receive a fee in the amount of twenty-five (25) percent of the guaranteed first year compensation of the candidate located by SSI and ultimately hired by Pivot3. 12. In consideration for Pivot3's promise to pay the above fee, SSI duly located a qualified candidate who was ultimately hired by Pivot3. 13. The candidate located by SSI and ultimately hired by Pivot3, Carl Rysdon, was guaranteed first year compensation in the amount of $175,000.00. 14. Based on the above, the amount Pivot3 must pay under the Agreement is $43,750.00. 2 15. On September 2, 2008, Pivot3 remitted a payment to SSI of $21,875.00 16. A balance of $21,875.00, plus late fees in the amount of 1.5% per month authorized by the Agreement, remains unpaid by Pivot3. 17. The Agreement permits the award of expenses and attorneys' fees. 18. Pivot3's failure to pay the full Agreement price for the services rendered by SSI constitutes a breach of contract. WHEREFORE Plaintiff, Sales Search International, Inc. t/a Strategic Sales Search, respectfully requests this Honorable Court to enter judgment in its favor in the amount of $21,875.00, plus late fees in the amount of 1.5% per month, along with the costs of suit and attorneys' fees, together with any other relief to which it is entitled and which this Court deems appropriate. COUNT II UNJUST ENRICHMENT 19. Paragraphs 1 through 18 above are incorporated herein by reference as if set forth in their entirety. 20. SSI rendered services carrying a value of $43,750.00 for Pivot3. 21. Pivot3 accepted such services by hiring the candidate located by SSI, Carl Rysdon, and has thus benefited from SSI's services. 22. Pivot3 has failed to pay SSI for the services rendered by SSI. 23. To the extent that Pivot3 has benefited from SSI's services, Pivot3 has been unjustly enriched. 3 WHEREFORE Plaintiff, Sales Search International, Inc. t/a Strategic Sales Search, respectfully requests this Honorable Court to enter judgment in its favor in the amount of $21,875.00, plus late fees in the amount of 1.5% per month, along with the costs of suit and attorneys' fees, together with any other relief to which it is entitled and which this Court deems appropriate. SHUMAKER WILLIAMS, P.C. Dated: By n ny J. Foschi, I.D. #55995 Ryan P. Siney, I.D. #209190 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :215947 4 .001 01:12 PS11 Lra4k-mlesSearch 11 Pivstll. Inc. 2116166099 2/x Mr. RAW Fw=odw, CEO Pivot3, im 6605 Cyp =pvood Drive *4 7X 77379 January 7.2M Dm Bob: 225 SaW 19* 91 Camp Hilt PA 17011 (717) 737-75M (717) 731.1729- Fc1 It was a phase speddsg whit you regrrdiog Strategic Saba Search uWdhtg you with your Hun" Raotma re**smsots. I sgjayW our discimias and look ibrwm to to prospect of warttsg with yea. As discussed, tie far for our services is earned when a andidste referred by us is hired or adaenriss engaged to psrfortrt mvioea, directly ar ittdhe *, by the dieaf, eery of its ate or lhrooah stdaegooM rehmk as a melt of our ellhrts within toe (1) year fmm the date of the referral. The fee is 25% of the aodidates' first year fmam red compamotion. An invoice will be forwarded due date an offer is accepted by the cwWU to and is due Wm receipt. No fee is due to Suft& Sobs Sa h embus s andWm is mgt W to perform services, diracdy or ind ectty, through our rdnmL Your accephaoe ofedtaala from Strak* Saks Search eatstldtta aelqftnoe of the In and all other - f0Vrdm of wbdher skis letter is a*W and returned as reQueatod. Your prior kmowh*e of the caodidtae does not praclude you frost paying our fm Haines the andidste was under active corsiderWm by yon for this position at the Saw of ref rmL Since we will be pwfwming our services in the Slue of Fe msyham* its laws would be applicable to our rdadmddp and it's cants would have jmisdiction over both of us. Ulm see is not paid within thirty (30) dqs and eolbctim activities shoal d became necesmy, the fro will be W aamW by 1.5% per month mstril paid and include mw rddW m pemmm, tatdt a ressamMe atrorney's fees. In the erect a candidate reitlned by StratW Sobs Search resigns or m terminated fbr car widuis Mirty (30) calendar days mAw the services commence, we will eadeavar to replace fbe caodWme in the same position at eD dtarse. No replacnnd shop be requirod unless tint fee has been paid In full, within thirty (30) days from the due date and a regltest for a replacement is received within five (5) calendar days from the demo the a mdidde's service ewe. Strategic Sain Search has a policy of sot recruif;Dg any employ= Burt a client after it p 6m a carstbdrtte with that dieat. Please admowbdge this agreement and ndtrtn it tD nn via But st (717) 731,1729. if these tams do not reflect your tmdentea ftof am agreement pbase all us immedidely. Thant spin for tie oppordmity to serve you. Sincerely, f-M, ? e Tom Waite Manstiiog par=ser 222 South 196 Smet Camp Hill, PA 17011 sips me: ?. Tide: »ate K . Exhibit ? VERIFICATION The undersigned, Doug Miller, hereby certifies that he is the President of the Plaintiff in the within action, that he is authorized to make this verification, and that the forgoing facts are true and correct to the best of his knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SALES SEARCH INTERNATIONAL, INC. Dated: U ! d S o? (:?/? file_ Doug Mil r, President p LI r? v -? w ? A ti SALES SEARCH INTERNATIONAL, : IN THE COURT OF COMMON PLEAS INC., t/a STRATEGIC SALES SEARCH : CUMBERLAND COUNTY, PENNSYLVANIA 225 South 19th Street Camp Hill, PA 17011 Plaintiff V. : Civil Action No. 08-6407 Civil PIVOT3, INC. 6605 Cypresswood Drive Spring, TX 77379 : CIVIL ACTION - LAW AND EQUITY Defendant AFFIDAVIT OF SERVICE I, Michele A. Connor, being duly sworn according to law depose and say that on October 30, 2008, I caused a Complaint to be served upon Defendant PIVOT3, INC. by depositing a true and correct copy of the same in the possession of the United States mail, certified mail, return receipt requested, addressed at 6605 Cypresswood Drive, Spring, TX 77379. The Complaint was received by PIVOT3, INC. on or about November 4, 2008. A copy of the signed return receipt card is attached hereto. Dated: f/ - f a - p g Sworn to and subscribed before me this day of 2008. No ary Public :216404 Michele A. Connor COMMONWEALTH OF PENNSYLVANIA Notarial Send Tanury L Mangeson, Notary Public LowerAllen Twp., Cun advid Canty My Comrrrission E)ires Dec. 21, 2011 Member, Pennsylvania Association of Notaries 4 ¦ Complete items 1, 2, ahd 3.'Also'c`cimpl`etd item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attgch this card to the back of the mailpiece, or in the front if space permits. 1. Article Addressed to: PIVOT3, INC. 5605 Cypresswood Drive Spring, TX 77379 X Agent Addressee B. Received by (Printid Name) C. Date of Delivery D. Is delivery address different from item 17 ? Yes If YES, enter delivery address below: CI No, ice Type Certified Mail 0 Express Mail Registered ')RI Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number 7006 2150 0003 8540 1752 (Transfer from service iaw PS Form 3811, February 2W4 Domestlc Return Receipt 102595-o2-M-1540 d?s 7 -r. Cam. SALES SEARCH INTERNATIONAL, INC., t/a STRATEGIC SALES SEARCH 225 South 19d' Street Camp Hill, PA 17011 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 08 - t. q07 PIVOT3, INC. 6605 Cypresswood Drive Spring, TX 77379 : CIVIL ACTION - LAW AND EQUITY Defendant PRAECIPE TO DISCONTINUE, SETTLE AND END To: Prothonotary Please mark the above-captioned matter as discontinued, settled and ended. Dated: off - 4 - 01 SHUMAKER WILLIAMS, P.C. By Ry P. Siney, I.D. #2091 P. . Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :216698 .r. , CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Discontinue, Settle and End on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: PIVOT3, INC. 6605 Cypresswood Drive Spring, TX 77379 SHUMAKER WILLIAMS, P.C. Dated: ?'- By R P. Siney, Esq. P Box 88 Harrisburg, PA 17108 (717) 763-1121 1: S