HomeMy WebLinkAbout01-0743 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROFESSIONAL RESOURCE
GROUP, INC.,
Plaintiff
WOOTTON & KNISLEY, P.C.,
Defendant
CIVIL ACTION - LAW
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 defense 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 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.
Lawyer Referral Service
Of the Cumberland County Bar Association
2 Liberty Ave.
Carlisle, Pa 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROFESSIONAL RESOURCE
GROUP, INC.,
Plaintiff
WOOTTON & KNISLEY, P.C.,
Defendant
NO.
CIVIL ACTION - LAW
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siquinetes, 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 torte en forma escrita sus defenses o sus objectiones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una
orden contra usted sin privio aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero a sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI TO 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.
Lawyer Referral Service
Of the Cumberland County Bar Association
2 Liberty Ave.
Carlisle, Pa 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROFESSIONAL RESOURCE
GROUP, INC.,
Plaintiff
WOOTTON & KNISLEY, P.C.,
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, Professional Resource Group, Inc. (hereinafter referred to as
"Plaintif£'), by and through its counsel, Law Offices of Craig A. Diehl, and files this Complaint
respectfully stating in support thereof the following:
1. Plaintiffis Professional Resource Group, Inc., a Pennsylvania corporation with a business
address of 4076 Market Street, Suite 213, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Wootton & Knisley, P.C., a Pennsylvania professional corporation with a
business address of 626 Fishburn Road, Hershey, Dauphin County, Pennsylvania 17033.
3. Plaintiffis in the business of providing the services of professional information systems
personnel, including consulting, systems analysis, programming, networking and related skills.
COUNT I - BREACH OF CONTRACT
4. The averments set forth in paragraphs 1 through 3 are incorporated herein as if fully set
forth.
5. On or about February 8, 2000, Defendant telephoned Plaintiff seeking assistance with
major problems Defendant was having with its tax software as well as several network related
problems.
6. On or about February 9, 2000, Ben T. Wootton, President of Defendant, executed on
behalf of Defendant a Master Agreement between the parties. A true and correct copy of the Master
Agreement is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth.
7. On or about February 9, 2000, a representative of Defendant had also executed a Service
Agreement specific to the retention of Michael D. Furlough and the hourly rate to be charged by
Plaintiff for his services. A true and correct copy of said Service Agreement is attached hereto as
Exhibit "B" and is incorporated herein as if fully set forth.
8. Michael D. Furlough continued to work pursuant to the parties' contract through February
25, 2000.
9. Michael D. Furlough completed, in compliance with the terms of the Master Agreement
and Service Agreement between the parties, a client time record for the time spent working on
Defendant's behalf. Said client time records were approved by Karen Kneasel for Defendant. True
and correct copies of said client time records are attached hereto as Exhibit "C" and are incorporated
herein as if fully set forth.
10. On or about February 26, 2000, Defendant required additional assistance with the
problems it was experiencing with its computers. Pursuant to Defendant's request, Plaintiff sent
three individuals, one Josh Gettle, Steven Geppert, and Guy Huber to assist Defendant with its
network problems.
11. Plaintiff sent to Defendant invoices for the work completed by Michael D. Furlough,
Josh Gettle, Steve Geppert, and Guy Huber. The total sum due for said invoices at that time was
Seven Thousand Nine Hundred Sixty-Five and 90/100 ($7,965.90) Dollars. True and correct copies
of the subject invoices are attached hereto as Exhibit "D" and are incorporated herein as if fully set
forth.
12. Defendant owes Plaintiff the invoiced sums for services performed pursuant to the terms
of this Agreement between the parties.
13. Plaintiff has repeatedly requested payment on the invoices that are the subject of this
action.
14. To date, despite Plaintiff's demands, Defendant has failed and/or refused to pay the
outstanding sums due or any part thereof, to Plaintiff for services provided to Defendant.
15. The Agreement between the parties is a valid and enforceable contract.
16. The current sum remaining due pursuant to the terms of the contract between the parties
as of September, 2000, was Eight Thousand Eight Hundred Ninety-Eight and 61/100 ($8,898.61)
Dollars. This sum includes interest at a rate of two (2%) percent per month pursuant to the terms
of Paragraph 4 of the Agreement between the parties.
17. By reason of Defendant's conduct in failing and refusing to comply with the terms of
the Agreement between the parties, Defendant has breached the Agreement between the parties
thereby causing damage to Plaintiff.
18. Plaintiff has fully performed all of its obligations designated by the terms of the
Agreement between the parties and therefore, has performed any and all conditions precedent, if any,
to Defendant's performance.
19. By reason of Defendant's breach, Defendant became and is liable to pay to Plaintiff
damages pursuant to the terms of the Agreement between the parties including a two (2%) percent
service charge.
WHEREFORE, Plaintiff, Professional Resource Group, Inc., respectfully requests that this
Honorable Court enter judgment for Plaintiff and against Defendant, awarding Plaintiff a sum of
Eight Thousand Eight Hundred Ninety-Eight and 61/100 ($8,898.61 ) Dollars, the appropriate service
charge fee equal to two (2%) percent per month, the costs and expenses of this proceeding, and such
other relief as this Court deems just and proper.
COUNT II - OUANTUM MERUIT
20. The averments set forth in paragraphs 1 through 19 are incorporated herein as if fully
set forth.
21. Plaintiff has paid its employees for the time recorded on their time sheets.
22. Defendant has directly benefitted from the services provided by Plaintiff's employees.
23. Defendant refuses to pay Plaintiff for the time worked by its employees and has been
unjustly enriched at the detriment of Plaintiff.
WHEREFORE, Plaintiff, Professional Resource Group, Inc., respectfully requests that this
Honorable Court enter judgment for Plaintiff and against Defendant for the reasonable sum of
services provided in an amount of Eight Thousand Eight Hundred Ninety-Eight and 61/100
($8,898.61) Dollars plus such other relief as this Court deems just and proper.
Dated:
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Craig ~. Diehl, Esquire
Supreme Court I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PROFESSIONAL RESOURCE
GROUP, INC.,
Plaintiff
WOOTTON & KNISLEY, P.C.,
Defendant
NO.
CIVIL ACTION - LAW
VERIFICATION
I, Robert P. Nelson, the undersigned, hereby verify that as President of Professional Resource
Group, Inc., I am authorized to make this Verification on behalf of Professional Resource Group,
Inc. Accordingly, I verify that the statements made 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.C.S. § 4904, relating to unsworn falsification to authorities.
PROFESSIONAL RESOURCE GROUP, INC.
Date:
Robert P. Nelson, President
Exhibit A
PROFESSIONAL RESOURCE GROUP, INC.
Compttt~r P~oJ~.~slonals - ~:ontract & P~!rmanent
MASTER AGREEMENT
This agreement made on below-noted date by and between Professional Resource Group, Inc.,
a Pennsylvania corporation, hereinafter referred to as "PRG", and Wootton & Knisley PC CPA,
located in Hershey, Pem~sylvarda, hereinafter referred to as the "Client".
WHEREAS, PRG is duly engaged in providing the services of Professional Information Systems
personnel, including consulting, systems analysis, progranmfing, networking and related skills;
WHEREAS, the Client desires to retain PRG and PRG desires to be retained under the terms,
covenants, and conditions hereinafter set forth by PRG;
NOW, FOR the reasons set forth above and in consideration of the mutual promises and
agreements hereinafter set forth, the Client and PRG mutually understand and agree hereto as
follows:
I. Scope of Service
PRG will provide qualified information systems personnel to perform specific systems and
network related tasks as required and directed by Client. Client is responsible for direction of
consultant's work product. Additional detail, if applicable, is in a separate Service Agreement.
II. Assigned Employees
PRG personnel will be and will remain at all times during such assignments, employees of PRG.
PRG shall be solely responsible for the payment of wages, salaries, and other amounts due its
employees in connection with this agreement and shall be responsible for all reports and
obligations relating to Social Security, income taxes, nnemployment tax payments, workmen's
compensation and similar matters.
III. Working Arrangements
Client shall provide work space, terminals, computer machine time, security arrangements and
materials necessary to complete work assignment, except when specified tasks are to be done off-
site at a PRG location as specified in Service Agreement.
Client shall have direct supervision over the assignment of tasks and work activities for PRG
employees, unless otherwise specified in Service Agreement.
Client shall specify a specific interface person to coordinate both administrative and technical
matters prior to start of assignment as specified in Service Agreement.
4076 Market Slret't Sltite 213 Ctttt~1) Hill, t31 17011
717-612-9800 b'~.r 717-730-60S8
Page 1 of 4
EXHIBIT "A"
IV. Accounting and Invoices
PRG personnel will complete weekly time sheets for both management and Client records. PRG
will submit, weekly or as agreed upon, in¢oices for services rendered. Payment terms are net 10
days. After 30 days, interest of 2% per m6hth or partial month will be charged.
A.) Rates
1. Hourly rates are quoted on an individual basis in Service Agreement and are dependent
on the scope of the assig~maent and the individual skills required to fulfill defined services.
2. Hourly rates are quoted exclusive of any sales tax. Any taxes levied as a result of
PRG's services are the responsibility of Client and will be so indicated on the invoice.
3. Thirty (30) days written notice will be given to client prior to may rate increases.
Client reserves right to terminate any PRG staff assigned to Client at such time without penalty.
4. Overtime requirements will be identified mad authorized by the Client and will be
invoiced at the same hourly rate as regular time.
5. In the event that PRG personnel arrive at Client's site to begin a scheduled assignment
and find that work tasks have been canceled or delayed, PRG reser'~es the right to invoice the
Client eight (8) hours "showup" time for each person scheduled.
B.) Expenses
Expenses as detailed below will be recorded daily by PRG persormel and included with
statements for services unless otherwise provided for in Service Agreement.
1. If free parking is not available, Client will be charged at a monthly or daily rate,
whichever is applicable.
2. Any other expenses authorized by Client to complete assignment are billable and will
be included in the appropriate invoices.
V. Duration of Service
The duration of PRG's involvement will be determined by Client's requirements. Each work
assignment made will specify a period of lineal performance for each individual to be provided
by PRG. The minimum period of lineal performance for each individual will be one (1) calendar
month unless otherwise specified in writing and acceptable to both parties.
VI. Continuation of Services
Upon notification of extension by the Client to PRG prior to the expiration of an individual's
assignment, PRG will continue the assignment of that individual to the client for a period to be
agreed upon. Fourteen (14) days notice is requested.
VII. Reduction of Services
Upon a minimnna of thirty (30) days written notification to PRG, the Client may request a
reduction in the specified period of lineal performance.
Page 2 of 4
VIII. Reciprocity of Employees
1. The Client agrees that it will not actively solicit for hire the employees of PRG while
such employees are performing work for the Client under any work assignment nor for one
hundred eighty (180) days after assignment completion, except under terms of Conversion from
Temporary to Permanent as described in paragraph IX below.
2. PRG agrees that it will not actively solicit for hire the employees of the Client for a
period of one hundred eighty (180) days after completion of the work assignment, unless written
approval is obtained from the Client.
3. The Client agrees not to retain the services of an ex-PRG employee assigned to the
Client's work efforts, under another contract work order for a period of one hundred eighty (180)
days from that individual's last day of assignment at Client's location.
IX. Conversion - Temporary to Permanent Employment
PRG will provide the option of converting'an identified PRG temporary employee on work
assignment to Client to a permanent Client employee upon request of Client. A modified
permanent placement fee schedule will apply. Fee Schedule available on request.
X. Patents and Inventions
In the event any patent or invention results from the performance of service rendered by it's
personnel, PRG agrees that such patent or invention therefrom will be sole property of Client,
unless otherwise specified in writing.
XI. Confidential Information
PRG and it's employees will treat all information and work products relating to assignments as
secret and confidential when so identified by Client. .
XII. EEOC
PRG pledges to strive to eliminate discrimination in employment. Assignments will be made
solely on the basis of qualifications without regard to race, color, creed, national origin, age or
sex,
XIII. Insurance
PRG maintains adequate workmen's compensation insurance for each staff member in
accordance with state requirements. PRG also carries comprehensive liability for each person.
XIV. Replacement
PRG may replace individual staff members assigned to Client upon Client agreement only.
When replacement is agreed upon by both parties, the rate will remain the same and an equally
qualified staff member will be substituted. PRG will request approval of Client for such
replacement and Client can interview to confirm qualifications. Ifa suitable replacement cannot
be identified with thirty (30) days, Client has option of an alternate labor source. Client may also
request a change in PRG staff without penalty upon thirty (30) day written notice of such request.
Page 3 of 4
XV. Changes of Amendment
The terms and conditions of this agreement may only be varied or amended by an instrument in
writing executed concurrently with or subsequent to the execution of this agreement and signed
on behalf of Client and PRG by duly authorized persons respectively thereto.
XVI. Rights and Remedies
All rights and remedies hereunder are cumulative, if applicable, and not exclusive.
XVII. Conflict
Each provision of this agreement is severable and if any provision herein is in conflict with any
statute or rule of law, then such provision will be deemed inoperative to the extent that it may
conflict therewith and will be deemed to be modified so as to conform with any statute or rule of
law.
XVIII. Waiver
Waiver of any breach of any term or condition of this agreement will not be deemed a waiver of
any prior or subsequent breach.
XIX. Disputes
PKG and Client agree that disputes will be resolved under American Arbitration Association
procedures.
XX. Applicable Law
This agreement is made under and shall be construed according to the laws of the state of
Pennsylvania. Both parties hereby submit to the jurisdiction of the Court of Common Pleas of
Cumberland County. Any action filed with respect to this agreement shall be filed in said court.
XXI. Amendment of Agreement
This Master Agreement may be amended by an Assignment Order signed by both Client and
PRG.
Professional Resource Group, Inc. Client
Title Date Title Date
Page 4 of 4
Exhibit B
PROFESSIONAL RESOURCE GROUP, INC.
Coml~uter Stt~jfing and Scrvice.¥
SERVICE AGREEMENT
Service Agreement Number: 020002
Client Name & Address:
Wootton & Knisley PC
626 Fishburn Road
Hershey, PA 17033
Assigned Scope of Effort: Network Administration and PC support.
Client Liaison(s): Guy Huber
Date: February 9, 2000
Client # 20002
Phone: 717-612-9800
PRG Personnel Assigned
Michael D. Furlough
Hourly Rate
$60.00
Anticipated Term
To be determined.
Professional Resource Group, Inc. (PRG) and Client hereby agree that PRG shall provide the services
described above on the terms and conditions set forth above and pursuant to and subject to all terms
and conditions of that certain Master Agreement between PRG and Client. Client agrees that ifa
PRG employee is hired by Client, a fee equal to 35% of the individuals annual salary will be paid
immediately as a placement fee to PRG.
Professional/Resource Group, Inc.
Date
4076 Market Street
717-612-9800
Suite 213 Camp Hill. PA 17011
717-730-6088 prg@prgcotp, com
Exhibit C
CLIE~ ~ RECORD
.~,~... ~ '" ,
(Show ho~s to newest flua~ ho~)
Day Da{e T~e ~ L~ch T~e O~t
SAT
SUN
MON
' To~l BfllabldHo~rs
Date
Week
Billable tlxper~s~ for Period
Description
INC.
'2/,,/
To'cal Hours
AlllOllllt
'Total Billable Exper~es
Client Signature (In ink)
4076 Market Street Suite 213 Camp Hill, PA 17011
717- 612-9800 Fe~x
EXHIBIT "C"
Feb,25, 2000
WOOTTON & KI,IISL£Y
PROFESSIONAL RESOURCE GROUP, iNC.
P.
CLIENT TIME RECORD
[Show hours to neazest, quartez,hour)
Day Date Time Jrt L~mch
SAT
SUN
To~ B~ab~a ~o~s
Thne Out
Total Hours
q,o
Date
B~able Exbenses fore F'eziod
Description . ..
Amom~t
Total Billable Expenses
Qient Signa, t~e ~ ink)
D~ta
4026 M~rke~ Street $~i[c 21.3 C~mp 14311, PA 17011
717- 612-9500 ]~x 717-730-608g
WOOTTOI,~ & H,[ISLEY
P. 2/2
PROFESSIONAL RESOURCE GROUP, INC,
CLIENT TLME FC~CORD
(Show hours to neazest quarter hgur)
Day Date Time In Lunch
SAT
SUN
MON 0~/,2, ,/DIZ,
Total B~ble ~o~s
Tizr~a Out
.lbo.-".
Total H0ur~
Date
Billabl& Exi~enses for Period
Descriptioa
Anloun~
Total Billable Expenses
Date
Client Signat~e (In knk)
Date
612.9800 Pax 717-7~0~6058
Exhibit
PROFESSIONAL RESOURCE GROUP, INC,.
4076 MARKET STREET, SUITE 213
CAMP HILL, PA 17011
Wootton & Knisley PC
626 Fishburn Road
Hershey PA 17033
Date:
Due Date:
INVOICE
02/16/00 Inv. No.: 2500
02/16/00 Page No.: 1
Ship To/Remarks
RENCE
TERMS
Due Upon Receipt
YOUR#
OUR#
SALES REP
S Services-Michael Furlough
Weeks Ending 2/11/00
Hours
14.0
60.0000
840. O0
A finance charge of 2% per month or
partial month will be charged after
30 days.
SUBTOTAL
TAX
TOTAL
NET TO PAY
<
840.00
50.40.
890.40
890.40J
EXHIBIT "D"
PROFESSIONAL RESOURCE GROUP, INC..
4076 MARKET STREET, SUITE 213
CAMP HILL, PA 17011
Wootton & Knisley PC
626 Fishburn Road
Hershey PA 17033
Date:
Due Date:
/
INVOICE
03/01/00 Inv. N0.: 2507
03/01/00 Page No.: 1
Ship To/Remarks
RENCE
TERMS
Due Upon Receipt
OUR #
SALES REP
S Services-Michael Furlough
Weeks Ending 2/25/00
Hours
80.0
60.0000
4800.00
A finance charge of 2% per month or
partial month will be charged after
30 days.
SUBTOTAL
TAX
TOTAL
4800.00
288.00
5088.00'
NETTOPAY 5088.00
PROFESSIONAL I~ESOURCE GROUP1 INC,,
4076 MARKET STREET, SUITE 213
CAMP HILL, PA 17011
Wootton & Knisley PC
626 Fishburn Road
Hershey PA 17033
Date:
Due Date:
INVOICE
03/01/00 Inv. No.: 2510
03/01/00 Page No.: 1
Ship To/Remarks
TERMS
Due Upon Receipt
YOUR #
OUR#
SALES REP
ServiceS-Stephen Geppert
of Service: 2/26/00
Hours
80.0000
400.00
A finance charge of 2% per month or
partial month will be charged after
30 days.
SUB TOTAL
TAX
TOTAL
<
400.00
24.00
424.00'
NETTO PAY 424. 00
PROFESSIONAL RES0URcE.GRouP~ INC,,
4076 MARKET STREET, SUtTE 213
CAMP HILL, PA 17011
Wootton & Knisley PC
626 Fishburn Road
Hershey PA 17033
Date:
Due Date:
/
INVOICE
03/01/00 Inv, No.: 2511
03/01/00 Pa[le No.:
Ship To/Remarks
=.FERENCE
Due Upon Receipt
OUR #
~ALE$ REP
~IS Services-Josh Gettle
Date of Service: 2/26/00
Hours
5.0
85.0000
425,0C
A finance charge of 2% per month or
partial month will be charged after
30 days.
SUBTOTAL
TAX
TOTAL
425.00
25.5Q
450~5C
NET TO PAY 450.5C
PROFESSIONAL RESOURCE GROUP iNC..
CAMP HILL. PA 17011
Wootton & Knisley PC
626 FisbJsurn Road
Hershey PA 17033
INVOICE
Os'm: 04/05/00 Inv. NO.:
Duel)ate: 04/05/00 Page No.:
Ship To/Remarks
2540
1
Due Upon Receipt
nsulting Services: Guy Huber Hours
TE: 02/26/00
nsulting Services: Guy Huber Hours
~E: 05/28/00
9.0 75.0000 675.00
5.0 75.0000 375,00
A finance charge of 2% per month or
partial month will be charged after
~0 days.
SUB TOTAL
TAX
TOTAL.
1050.00
63.00
1113.00
hiE1- TO PAY ~L~L~.3. O0
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-00743 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROFESSIONAL RESOURCE GROUP IN
VS
WOOTTON & KNISLEY P C
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
WOOTTON & KNISLEY PC
but was unable to locate Them
deputized the sheriff of DAUPHIN
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
, to wit:
in his bailiwick.
County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On March 1st , 2001
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep. Dauphin Co 30.50
.00
67.50
03/01/2001
CP. AIG DIEHL
Sworn and subscribed to before me
this ~ day of ~
A.D.
Prothonotary
this office was in receipt of the
Sheriff of Cumberland County
~n TSe Court of Common Pleas of Cumberland County, Pennsylvania
Professional Resource Group, Inc.
VS.
Wootton & Knislev, P.C.
No. 01-743 Civil
Now, 2 / 7 / 01 ,20 O ~., I, SHERIFF OF CUMBERLAND COI/NTY, PA, do
hereby deputize the Sheriffof Dauphin Coullty 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
,20 , at o'clock __ IA. served the
upoll
by handing to
a
and made lmown to
copy of the orig/nal
SO allsWerS ~
the contents thereof.
Swora and subscribed before
me tiffs __ day of
,2O
Sher/ffof County, PA
COSTS
SERVICE
MILEAGE
AFFIDAYqT
MaD' Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin Courtly
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
g/qD NOW: February 21,
NOTICE & COMPLAINT IN CIVIL ACTION
WOOTTON & KNISLEY P.C.
to KAREN KNEASEL, OFFICE MANAGER
: PROFESSIONAL RESOURCE GROUP INC
vs
: WOOTTON & KNISLEY P.C.
Sheriff's Return
No. 0456-T - - -2001
OTHER COUNTY NO. 01-743
2001 at 4:00PM served the within
upon
by personally handing
1 true attested copy(ies)
of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known
to him/her the contents thereof at 626 FISHBURN RD.
HERSHEY, PA 17033-0000
Sworn and subscribed to
.~fore me this 22ND day of FEBRUARY, 2001
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
Deputy Sheriff
Sheriff's Costs: $30.50 PD 02/15/2001
RCPT NO 146539
DUNCAN
PROFESSIONAL RESOURCE
GROUP, INC.,
Plaintiff
WOOTTON & KNISLEY, P.C.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-743 - Civil Term
CIVIL ACTION LAW
TO THE PROTHONOTARY:
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter the appearance o£Kee£er Wood Allen & Rahal, LLP, by and through Brenda
L. Gacki, Esquire, on behal£ o£de£endant, Wootton & Knisley, P.C., in the above matter.
Dated: March 6, 2001
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
By '7//~ J~
BRENDA L. GACKI
Attorney I.D. #75912
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8037
Attorneys for Defendant,
Wootton & Knisley, P.C.
CERTIFICATE OF SERVICE
I, Brenda L. Gacki, Esquire, one oft. he attorneys for defendant, Wootton & Knisley, P.C.,
hereby certify that ! have served the foregoing paper upon counsel and/or parties of record this
date by depositing a true and correct copy of the same in the United States mail, first-class
postage prepaid, addressed as follows:
Craig A. Diehl, Esquire
Law Offices of Craig A. Diehl
3464 Trindle Road
Camp Hill, PA 17011
KEEFER WOOD ALLEN & RAHAL, LLP
Brenda L. Gacki
Dated: March 6, 2001
PROFESSIONAL RESOURCE GROUP,
INC.,
Plaintiff,
WOOTTON & KNISLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-743 Civil Term
Civil Action - Law
NOTICE TO PLEAD
TO THE WITHIN NAMED PLAINTIFF:
You are hereby notified to file a written response to the
enclosed New Matter and Counterclaim within twenty (20) days from
service hereof or a judgment may be entered against you.
Dated: March 22, 2001 By
KEEFER WOOD ALLEN & RAHAL, LLP
Charles W. Rubendall II
I.D. # 23172
Brenda L. Gacki
I.D. # 75912
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8010 and 255-8037
Attorneys for defendant
13
PROFESSIONAL RESOURCE GROUP,
INC.,
Plaintiff,
WOOTTON & KNISLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-743 Civil Term
Civil Action - Law
ANSWER WITH NEW MATTER AND COLrNTERCLAIM
NOW COMES defendant Wootton & Knisley, P.C., by and through
its attorneys, Keefer Wood Allen & Rahal, LLP, to file an answer
with new matter and counterclaim in response to plaintiff's
complaint, averring as follows:
1. Admitted.
2.
3.
the
below.
5.
responses to paragraphs 1 through 4 above
Admitted.
Admitted.
COUNT I - BREkCH OF CONTRACT
Defendant Wootton & Knisley, P.C. hereby incorporates
as set forth fully
Admitted in part and denied in part. Wootton & Knisley
admits that on or about February 8, 2000, it telephoned plaintiff
Professional Resource Group, Inc. ("PRG") seeking assistance with
installing tax software and other network-related issues.
Wootton & Knisley denies that it was having '~major problems" with
its tax software and/or network. To the contrary, Wootton &
Knisley requested assistance with installing tax software and
organizing its system.
6. Admitted.
7. Admitted.
8.
admits
through February 25, 2000. Wootton & Knisley denies that the
services provided by PRG through Furlough met the standards
required by the contract between the parties. To the contrary,
the services provided by Furlough were inadequate. Furlough was
unable to complete certain tasks in a timely manner, and he was
unable to properly complete some tasks at all. He created many
problems with Wootton & Knisley's computers and/or network which
resulted in Wootton & Knisley being unable to properly use the
computers and/or network to properly service its clients.
Furlough also took numerous breaks and engaged in non-work
related activities during the hours he was supposedly working on
Wootton & Knisley's computers and/or network.
Admitted in part and denied in part. Wootton & Knisley
that Michael D. Furlough ("Furlough") continued to work
- 2
9. Admitted in part and denied in part. Wootton & Knisley
admits that Furlough completed time records for the time he was
at Wootton & Knisley's offices. Wootton & Knisley denies that
the completion of said time records was in .compliance with the
terms of the Master Agreement and Service Agreement. Wootton &
Knisley further denies that said time records were approved by
Karen Kneasel for Wootton & Knisley. By way of further response,
by her signature, Ms. Kneasal verified only the number of hours
Furlough was present at the offices. She did not approve the
quality, quantity or appropriateness of
those hours.
10. Admitted with clarification.
work performed during
Wootton & Knisley admits
that on or about February 26, 2000, it requested and PRG sent
three individuals to provide computer and/or network services.
However, the services of the three individuals were necessary as
a result of problems with the computers and/or network that were
created solely by PRG through Furlough.
11. Admitted in part and denied in part.
admits that PRG sent it invoices,
allegedly performed by Furlough,
Wootton & Knisley
totaling $7,965.90, for work
Josh Gettle, Steve Geppert and
- 3 -
Guy Huber. Wootton & Knisley denies that work performed by
Furlough was proper and/or complete.
12. Denied. Wootton & Knisley denies that it owes PRG the
invoiced sums for services because the services were not properly
performed. By way of further response, Furlough was unable to
complete certain tasks in a timely manner, and he was unable to
properly complete some tasks at all. He created many problems
with Wootton & Knisley's computers and/or network which resulted
in its staff being unable to properly use the computer system and
properly service its clients. Furlough also took numerous breaks
and engaged in non-work related activities during the hours he
was supposedly working on Wootton & Knisley's computer system.
13. Admitted. By way of further response, PRG is not
entitled to the full amount requested, because the services were
not properly performed.
14. Admitted in part and denied in part. Wootton & Knisley
admits that it has failed and/or refused to pay the outstanding
sums due on the basis that the services were not properly
performed. Wootton & Knisley denies that it failed and/or
refused to pay any part of the outstanding sums due. To the
contrary,
outstanding amount,
15. Denied.
Wootton & Knisley offered to pay a portion of the
but PRG rejected such offer.
Paragraph 15 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies the averments of said paragraph. By way of further
response, PRG breached its contract with Wootton & Knisley.
16. Denied. Wootton & Knisley denies that it owes PRG
$8,898.61 for services. The services were not properly
performed, and as such, constituted a breach of the contract.
17. Denied. Paragraph 17 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies the averments of said paragraph. By way of further
response, the services were not properly performed, and as such,
constituted a breach of contract.
18. Denied. Paragraph 18 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies the averments of said paragraph. By way of further
- 5
response, the services were not properly performed, and as such,
constituted a breach of contract.
19. Denied. Paragraph 19 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies the averments of said paragraph. By way of further
response, the services were not properly performed, and as such,
constituted a breach of contract.
WHEREFORE, defendant Wootton & Knisley, P.C., demands
judgment in its favor and against plaintiff Professional Resource
Group, Inc., and such other and further relief as the Court may
deem just and proper.
COUNT II - QUANTUM MERUIT
20. Wootton & Knisley hereby incorporates the responses to
paragraphs 1 through 19 &bore as set forth fully below.
21. Denied. After reasonable investigation, Wootton &
Knisley is without sufficient knowledge or information to form a
belief as to the truth of the averments of this paragraph, and
proof thereof is hereby demanded, if relevant.
22. Denied. Wootton & Knisley denies that it directly
benefitted from the services provided by PRG. To the contrary,
Wootton & Knisley incurred additional costs in excess of $6,000
in order to correct computer and/or network problems caused by
PRG through Furlough. In addition, the computer and/or network
problems that were created as a result of the improper work
performed by PRG through Furlough caused Wootton & Knisley to be
unable to properly use the computers and/or network and unable to
properly service its clients.
23. Denied. Paragraph 23 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies that it has been unjustly enriched and avers that PRG
breached its contract with Wootton & Knisley.
WHEREFORE, defendant Wootton & Knisley, P.C., demands
judgment in its favor and against plaintiff Professional Resource
Group, Inc., and such other and further relief as the Court may
deem just and proper.
NEW MATTER
24. Wootton & Knisley hereby incorporates its responses to
paragraphs 1 through 23 above as if set forth fully below.
25. PRG's complaint fails to state a claim upon which
relief can be granted.
26. The contract attached to PRG's complaint provides in
paragraph XIX, relating to disputes, that "PRG and Client agree
that all disputes will be resolved under American Arbitration
Association procedures."
27. PRG's complaint avers a breach of the contract by
defendant and, thus, is a
28.
contract
Knisley,
29.
~dispute" under the contract.
PRG's action is subject to arbitration, pursuant
into which it voluntarily entered with Wootton &
to the
and cannot proceed in this Court.
PRG's recovery against Wootton & Knisley is barred by
its own failure to perform pursuant to the contract.
30. Wootton & Knisley is entitled to an offset for monetary
damages in the form of additional costs in excess of $6,000 in
order to correct computer and/or network problems caused or not
fixed by PRG, lost work hours by staff as a result of computer
problems caused by PRG, lost work hours by staff as a result of
having to spend time to try to resolve the problems created by
PRG, and loss of clients due to inability to provide timely
service to its clients as a result of PRG's breach of contract.
WHEREFORE, defendant Wootton & Knisley, P.C., demands
judgment in its favor and against plaintiff Professional Resource
- 8
Group, Inc., and such other and further relief as the Court may
deem just and proper.
COUNTERCLAIM
Cogent I - Breach of Contract
31. Wootton & Knisley hereby incorporates its responses and
averments contained in paragraphs 1 through 30 above as if set
forth fully below.
32. Wootton & Knisley has not received the benefit of its
contractually bargained-for performance from PRG, namely, the
provision of skilled computer and network services.
33. The computer and network services provided by PRG did
not meet the contractually bargained-for performance level
required of PRG, and constituted a breach of contract.
34. PRG, through Furlough, was unable to complete certain
computer and network tasks in a timely manner, and was unable to
properly complete some other tasks at all.
35. PRG, through Furlough, created many problems with
Wootton & Knisley's computers and/or network which resulted in
its staff being unable to properly use the computer system, and
properly service its clients.
36. Wootton & Knisley incurred additional costs in excess
of $6,000 in order to correct computer and/or network problems
caused by PRG through Furlough.
37. As a direct and proximate result of PRG's failure to
discharge its duties with the level of care required by contract,
Wootton & Knisley suffered monetary damages in the form of
additional costs in excess of $6,000 in order to correct computer
and/or network problems caused or not fixed by PRG, lost work
hours by staff as a result of computer problems caused by PRG,
lost work hours by staff as
try to resolve the problems
due to inability to provide
result of PRG's breach of contract.
WHEREFORE, defendant Wootton & Knisley,
judgment
a result of having to spend time to
created by PRG, and loss of clients
timely service to its clients as a
P.C., demands
in excess of $6,000 in its favor and against plaintiff
- 10
Professional Resource Group, Inc., and such other and further
relief as the Court may deem just and proper.
Dated: March 22, 2001 By
KEEFER WOOD ALLEN & ~-[AL, LLP
Charles W. Rubendall II
I.D. # 23172
Brenda L. Gacki
I.D. # 75912
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8010 and 255-8037
Attorneys for defendant
11
VERIFICATION
The undersigned, Ben T. Wootton, hereby verifies and states
that:
1. He is the President of Wootton & Knisley, P.C.,
plaintiff herein;
2. He is authorized to make this verification on its
behalf;
3. The facts set forth in the foregoing answer with new
matter and counterclaim are true and correct to the best of his
knowledge, information, and belief; and
4. He is aware that false statements herein are made
subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to
unsworn falsification to authorities.
BEN T. WOOTTON
Dated: March ~, 2001
- 14
CERTIFICATE OF SERVICE
I, Brenda L. Gacki, Esquire, one of the attorneys for
defendant, hereby certify that I have served the foregoing paper
upon counsel of record this date by depositing a true and correct
copy of the same in the United States mail, first-class postage
prepaid, addressed as follows:
Craig A. Diehl, Esquire
3464 Trindle Road
Camp Hill, PA 17011
Dated:
March 22, 2001
KEEFER WOOD ALLEN & RAHAL, LLP
Brenda L. Gacki
12 -
PROFESSIONAL RESOURCE :
GROUP INC., :
Plaintiff :
WOOTTON & KNISLEY, P.C.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-743 CIVIL TERM
CIVIL ACTION - LAW
ANSWER TO NEW MATTER AND COUNTERCLAIM
AND NOW COMES, Plaintiff, Professional Resource Group, Inc., by and through its
counsel, Law Offices of Craig A. Diehl, and files an answer to Defendant's New Matter and
Counterclaim as follows:
24.
25.
pleading is required.
NEW MATTER
Denied. No response required.
Denied. The averment sets forth a conclusion of law to which no responsive
26.
27.
28.
Admitted.
Admitted.
Plaintiff acknowledges the arbitration clause and agrees to pursue arbitration to
resolve the dispute.
29. Denied. Professional Resource Group, Inc. was unable to complete the scope of
work contracted for due to the following reasons (noninclusive):
A. Hardware utilized by Wootton & Knisley, P.C. was inadequate;
1
B. Software was only partially installed and not available on site;
C. No system documentation was provided at the outset by Wootton
& Knisley, P.C.
30. Denied. Professional Resource Group, Inc. denies that it caused any of the alleged
damages claimed by Wootton & Knisley, P.C. The stated averments were caused by Defendant's
own hardware and software inadequacies and pre-existing conditions.
WHEREFORE, Plaintiff, Professional Resource Group, Inc., demands judgment in its
favor and against Defendant, Wootton & Knisley, P.C.
COUNTERCLAIM
31. Denied. Professional Resource Group, Inc. hereby incorporates its averments in
paragraphs 1 through 23 and its answers set forth in paragraphs 24 through 30.
32. Denied. Professional Resource Group, Inc. performed its duties as set forth in the
scope of work in the Master Agreement in a diligent, timely, and professional manner.
33. Denied. Based on the deficiencies present at Defendant's location, Professional
Resource Group, Inc. performed its contractual duties on a best efforts basis. Any breach of the
contract was the sole fault of Wootton & Knisley, P.C.
34. Denied. Based on the deficiencies present at Defendant's location, Professional
Resource Group, Inc. performed its duties as described in the contract and fully informed
Defendant of the pre-existing problems that were encountered.
35. Denied. The problems with Defendant's computers and/or network were present
prior to Professional Resource Group, Inc. being engaged. Deficiencies with the computer server
2
discovered.
timesheets.
36.
specifications and software were brought to Defendant's attention as soon as they were
Defendant informed Furlough to continue with his work and signed off on his
Denied. After reasonable investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of said averment.
37. Denied. After reasonable investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the troth of said averment.
WHEREFORE, Plaintiff, Professional Resource Group, Inc., respectfully requests that
Defendant's counterclaim be dismissed with prejudice.
LAW OFFICES OF CRAIG A. DIEHL
Dated: ~fr,'! 17, floe! By:
Craig ~//Diehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Plaintiff
3
PROFESSIONAL RESOURCE :
GROUP INC., :
Plaintiff :
WOOTTON & KNISLEY, P.C.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-743 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the date hereof, a copy of the foregoing
ANSWER TO NEW MATTER AND COUNTERCLAIM was served by way of United States
mail, first class, postage prepaid, addressed as follows:
Charles W. Rubendall II, Esquire
Brenda L. Gacki, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Dated: ~rl l
/9, , oot
LAW OFFICES OF CRAIG A. DIEHL
BY'"Flelen ET'Rasmussen, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
PROFESSIONAL RESOURCE GROUP,
INC.,
Plaintiff, :
WOOTTON & KNISLEY, P.C., :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-743 Civil Term
Civil Action - Law
NOTICE TO PLEAD
TO THE WITHIN NAMED PLAINTIFF:
You are hereby notified to file a written response to the
enclosed New Matter and Counterclaim within twenty (20) days from
service hereof or a judgment may be entered against you.
Dated: March 22, 2001 By
KEEFER WOOD ALLEN & RAHAL, LLP
Charles W. Rubendall II
I.D. # 23172
Brenda L. Gacki
I.D. # 75912
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8010 and 255-8037
Attorneys for defendant
13 -
PROFESSIONAL RESOURCE GROUP,
INC. ,
Plaintiff,
WOOTTON & KNISLEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-743 Civil Term
Civil Action - Law
i~/qSWER WITH NEW MATTER A/TD COIINTERCLAIM
NOW COMES defendant Wootton & Knisley, P.C., by and through
its attorneys, Keefer Wood Allen & Rahal, LLP, to file an answer
with new matter and counterclaim in response to plaintiff's
complaint, averring as follows:
1. Admitted.
2. Admitted.
3. Admitted.
COUNT I - BREACH OF CONTRACT
4. Defendant Wootton & Knisley, P.C. hereby incorporates
the responses to paragraphs 1 through 4 above as set forth fully
below.
5.
Admitted in part and denied in part. Wootton & Knisley
it telephoned plaintiff
seeking assistance with
issues.
admits that on or about February 8, 2000,
Professional Resource Group, Inc. (~PRG")
installing tax software and other network-related
Wootton & Knisley denies that it was having ~major problems" with
its tax software and/or network. To the contrary, Wootton &
Knisley requested assistance with installing tax software and
organizing its system.
6. Admitted.
7. Admitted.
8. Admitted in part and denied in part. Wootton & Knisley
admits that Michael D. Furlough ('~Furlough") continued to work
through February 25, 2000. Wootton & Knisley denies that the
services provided by PRG through Furlough met the
required by the contract between the parties. To
the services provided by Furlough were inadequate.
unable to complete certain tasks in a timely manner,
unable to properly complete some tasks at all. He created many
standards
the contrary,
Furlough was
and he was
problems with Wootton & Knisley's computers and/or network which
resulted in Wootton & Knisley being unable to properly use the
computers and/or network to properly service its clients.
Furlough also took numerous breaks and engaged in non-work
related activities during the hours he was supposedly working on
Wootton & Knisley's computers and/or network.
9. Admitted in part and denied in part. Wootton & Knisley
admits that Furlough completed time records for the time he was
at Wootton & Knisley's offices. Wootton & Knisley denies that
the completion of said time records was in ~compliance with the
terms of the Master Agreement and Service Agreement. Wootton &
Knisley further denies that said time records were approved by
Karen Kneasel for Wootton & Knisley. By way of further response,
by her signature, Ms. Kneasal verified only the number of hours
Furlough was present at the offices. She did not approve the
quality, quantity or appropriateness of work performed during
those hours.
10. Admitted with clarification. Wootton & Knisley admits
that on or about February 26, 2000, it requested and PRG sent
three individuals to provide computer and/or network services.
However, the services of the three individuals were necessary as
a result of problems with the computers and/or network that were
created solely by PRG through Furlough.
11. Admitted in part and denied in part. Wootton & Knisley
admits that PRG sent it invoices, totaling $7,965.90, for work
allegedly performed by Furlough, Josh Gettle, Steve Geppert and
- 3
Guy Huber. Wootton & Knisley denies that work performed by
Furlough was proper and/or complete.
12. Denied. Wootton & Knisley denies that it owes PRG the
invoiced sums for services because the services were not properly
performed. By way of further response, Furlough was unable to
complete certain tasks in a timely manner, and he was unable to
properly complete some tasks at all. He created many problems
with Wootton & Knisley's computers and/or network which resulted
in its staff being unable to properly use the computer system and
properly service its clients. Furlough also took numerous breaks
and engaged in non-work related activities during the hours he
was supposedly working on Wootton & Knisley's computer system.
13. Admitted. By way of further response, PRG is not
entitled to the full amount requested, because the services were
not properly performed.
14. Admitted in part and denied in part. Wootton & Knisley
admits that it has failed and/or refused to pay the outstanding
sums due on the basis that the services were not properly
performed. Wootton & Knisley denies that it failed and/or
refused to pay any part of the outstanding sums due. To the
- 4
contrary,
outstanding amount,
15. Denied.
Wootton & Knisley offered to pay a portion of the
but PRG rejected such offer.
Paragraph 15 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies the averments of said paragraph. By way of further
response, PRG breached its contract with Wootton & Knisley.
16. Denied. Wootton & Knisley denies that it owes PRG
$8,898.61 for services. The services were not properly
performed, and as such, constituted a breach of the contract.
17. Denied. Paragraph 17 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies the averments of said paragraph. By way of further
response, the services were not properly performed, and as such,
constituted a breach of contract.
18. Denied. Paragraph 18 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies the averments of said paragraph. By way of further
response, the services were not properly performed, and as such,
constituted a breach of contract.
19. Denied. Paragraph 19 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies the averments of said paragraph. By way of further
response, the services were not properly performed, and as such,
constituted a breach of contract.
WHEREFORE, defendant Wootton & Knisley, P.C., demands
judgment in its favor and against plaintiff Professional Resource
Group, Inc., and such other and further relief as the Court may
deem just and proper.
COUI~T II - QUA/~TUMM~RUIT
20. Wootton & Knisley hereby incorporates the responses to
paragraphs 1 through 19 &bore as set forth fully below.
21. Denied. After reasonable investigation, Wootton &
Knisley is without sufficient knowledge or information to form a
belief as to the truth of the averments of this paragraph, and
proof thereof is hereby demanded, if relevant.
22. Denied. Wootton & Knisley denies that it directly
benefitted from the services provided by PRG. To the contrary,
Wootton & Knisley incurred additional costs in excess of $6,000
in order to correct computer and/or network problems caused by
PRG through Furlough. In addition, the computer and/or network
problems that were created as a result of the improper work
performed by PRG through Furlough caused Wootton & Knisley to be
unable to properly use the computers and/or network and unable to
properly service its clients.
23. Denied. Paragraph 23 is a conclusion of law or a mixed
conclusion of law and fact to which no response is required. If
a response if deemed necessary by the court, Wootton & Knisley
denies that it has been unjustly enriched and avers that PRG
breached its contract with Wootton & Knisley.
WHEREFORE, defendant Wootton & Knisley, P.C., demands
judgment in its favor and against plaintiff Professional Resource
Group, Inc., and such other and further relief as the Court may
deem just and proper.
NEW MATTER
24. Wootton & Knisley hereby incorporates its responses to
paragraphs 1 through 23 above as if set forth fully below.
25. PRG's complaint fails to state a claim upon which
relief can be granted.
26. The contract attached to PRG's complaint provides in
paragraph XIX, relating to disputes, that "PRG and Client agree
that all disputes will be resolved under American Arbitration
Association procedures."
27. PRG's complaint avers a breach of the contract by
defendant and, thus, is a ~dispute" under the contract.
28. PRG's action is subject to arbitration, pursuant to the
contract into which it voluntarily entered with Wootton &
Knisley, and cannot proceed in this Court.
29. PRG's recovery against Wootton & Knisley is barred by
its own failure to perform pursuant to the contract.
30. Wootton & Knisley is entitled to an offset for monetary
damages in the form of additional costs in excess of $6,000 in
order to correct computer and/or network problems caused or not
fixed by PRG, lost work hours by staff as a result of computer
problems caused by PRG, lost work hours by staff as a result of
having to spend time to try to resolve the problems created by
PRG, and loss of clients due to inability to provide timely
service to its clients as a result of PRG's breach of contract.
WHEREFORE, defendant Wootton & Knisley, P.C., demands
judgment in its favor and against plaintiff Professional Resource
- @ -
Group, Inc., and such other and further relief as the Court may
deem just and proper.
COUNTERCLAIM
Co~,nt I - Breach of Contract
31. Wootton & Knisley hereby incorporates its responses and
averments contained in paragraphs 1 through 30 above as if set
forth fully below.
32. Wootton & Knisley has not received the benefit of its
contractually bargained-for performance from PRG, namely, the
provision of skilled computer and network services.
33. The computer and network services provided by PRG did
not meet the contractually bargained-for performance level
required of PRG, and constituted a breach of contract.
34. PRG, through Furlough, was unable to complete certain
computer and network tasks in a timely manner, and was unable to
properly complete some other tasks at all.
35. PRG, through Furlough, created many problems with
Wootton & Knisley's computers and/or network which resulted in
its staff being unable to properly use the computer system, and
properly service its clients.
36. Wootton & Knisley incurred additional costs in excess
of $6,000 in order to correct computer and/or network problems
caused by PRG through Furlough.
37. As a direct and proximate result of PRG's failure to
discharge its duties with the level of care required by contract,
Wootton & Knisley suffered monetary damages in the form of
additional costs in excess of $6,000 in order to correct computer
and/or network problems caused or not fixed by PRG, lost work
hours by staff as a result of computer problems caused by PRG,
lost work hours by staff as a result of having to spend time to
try to resolve the problems created by PRG, and loss of clients
due to inability to provide timely service to its clients as a
result of PRG's breach of contract.
WHEREFORE, defendant Wootton & Knisley, P.C., demands
judgment in excess of $6,000 in its favor and against plaintiff
10
Professional Resource Group, Inc., and such other and further
relief as the Court may deem just and proper.
Dated: March 22, 2001 By
KEEFER WOOD ALLEN & RA}{AL, LLP
Charles W. Rubendall II
I.D. # 23172
Brenda L. Gacki
I.D. # 75912
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8010 and 255-8037
Attorneys for defendant
- 11
VERIFICATION
The undersigned, Ben T. Wootton, hereby verifies and states
that:
1. He is the President of Wootton & Knisley, P.C.,
plaintiff herein;
He is authorized to make this verification on its
behalf;
3.
The facts set forth in the foregoing answer with new
matter and counterclaim are true and correct to the best of his
knowledge, information, and belief; and
4. He is aware that false statements herein are made
subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to
unsworn falsification to authorities.
BEN T. WOOTTON
Dated: March ~ , 2001
14 -
CERTIFICATE OF SERVICE
I, Brenda L. Gacki, Esquire, one of the attorneys for
defendant, hereby certify that I have served the foregoing paper
upon counsel of record this date by depositing a true and correct
copy of the same in the United States mail, first-class postage
prepaid, addressed as follows:
Craig A. Diehl, Esquire
3464 Trindle Road
Camp Hill, PA 17011
Dated:
March 22, 2001
KEEFER WOOD ALLEN & R3kHAL, LLP
Brenda L. Gacki
12
PROFESSIONAL RESOURCE :
GROUP INC., :
Plaintiff :
WOOTTON & KNISLEY, P.C.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-743 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned proceeding settled and discontinued with prejudice.
LAW OFFICES OF CRAIG A. DIEHL
Dated: June I.~ , 2002 By:
Craig AYDiehl, Esquire
Attorney ID No. 52801
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613
Counsel for Plaintiff
PROFESSIONAL RESOURCE :
GROUP INC., :
Plaintiff :
WOOTTON & KNISLEY, P.C.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-743 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the date hereof, a copy of the foregoing PRAECIPE
TO DISCONTiNUE was served by way of United States mail, first class, postage prepaid, addressed
as follows:
Charles W. Rubendall II, Esquire
Brenda L. Gacki, Esquire
KEEFER WOOD ALLEN & RAHAL, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
LAW OFFICES OF CRAIG A. DIEHL
By: c_~e~l~Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011-4436
(717) 763-7613