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HomeMy WebLinkAbout10-4339IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. and JACQUELINA'S INC. Plaintiffs versus : MARY JEAN MILLER 659 US Route 15 NORTH DILLSBURG, PA 17019 and JFC STAFFING, INC. 1520 Market Street Camp Hill, PA 17011 and Betty & Ric's Accounting Service 4905 Bossier Road Elizabethtown, PA 17022 Civil Action - (X) Law - ( ) Equity No. 1b- 4339 l-i??ilTe•-?• PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned actin. ? Writ of Summons shall be issued and forwarded to' (XAtto Date: u Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 Supreme Court ID No. 19255 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): C) C 73 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. , )Vtw orF&ffT6`-notary Date:- 11/1,1/0 T' by ( ) Check here if reverse is issued for additional information. PROTHON. - 55 Deputy *QA. oo PO ATr^/ C# A.3a7 e aq4g49 r Theodore A. Adler, Esquire Attorney I.D. No. 16267 Email: TAdler@ReagerAdlerPC.com Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 i,_ ! i ~ j ZuIQ JIJ- i ~ I'il ~~ ~~ C~t~:f .:tiTY ~~ . ~, ; i~ r~ `,,~ , Counsel for Defendant JFC Staffing, Inc. Mr. Sandman, Inc. and Jacquelina's, Inc. Plaintiffs v. Mary Jean Miller, JFC Staffing, Inc. and Betty & Ric's Accounting Service Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-4339 Civil Term PRAECIPE FOR RULE TO FILE A COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a rule upon the Plaintiffs, Mr. Sandman, Inc. and Jacquelina's Inc., to file their complaint within twenty (20) days or suffer a Judgment of Non Pros. Respectfully Date: ~ ~ ~ ~ ( ~ REAGER & ADIIERI. P.C. Theodore ~ Aber, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: Tadlerna,ReagerAdlerPC.com Counsel to Defendant, JFC Staffing, Inc. CERTIFICATE OF SERVICE AND NOW this 9~' day of July, I hereby certify that I caused a true and correct copy of the foregoing Praecipe for Rule to File Complaint to be served upon the following parties of record, via First Class U.S. Mail, addressed as follows: Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 Counsel to Plaintiffs Mary Jean Miller 659 US Route 15 North Dillsburg, PA 17019 Betty & Ric's Accounting Service 4905 Bossier Road Elizabethtown, PA 17022 ~ ~ ~ ~ ~~ Alana L. S ers Paralegal, Reager & Adler, P.C. Mr. Sandman, Inc. and Jacquelina's, Inc. Plaintiffs v. Mary Jean Miller, JFC Staffing, Inc. and Betty & Ric's Accounting Service Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-4339 Civil Term RULE TO FILE COMPLAINT NOW, this ~_ day of , 2010, a Rule is hereby entered upon the Plaintiff, Jacquelina's, Inc. to file its Complaint within twenty (20) days after service of this Rule or suffer a Judgment of Non Pros. Distribution: Robert Radebach, Esquire 912 North River Road, Halifax, PA 17032 Theodore A. Adler, Esquire Reager & Adler, P.C. 2331 Market Street, Camp Hill, PA 17011 Mary Jean Miller 659 US Route 15 North, Dillsburg, PA 17019 PROTHONOTARY: Betty & Ric's Accounting Service 4905 Bossier Road, Elizabethtown, PA 17022 Mr. Sandman, Inc. and Jacquelina's, Inc. v. Plaintiffs Mary Jean Miller, JFC Staffing, Inc. and Betty & Ric's Accounting Service Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-4339 Civil Term RULE TO FILE COMPLAINT NOW, this ~~_ day of , 2010, a Rule is hereby entered upon the Plaintiff, Mr. Sandman, Inc. to file its Complaint within twenty (20) days after service of this Rule or suffer a Judgment of Non Pros. PROTHONOTARY: Distribution: Robert Radebach, Esquire 912 North River Road, Halifax, PA 17032 Theodore A. Adler, Esquire Reager & Adler, P.C. 2331 Market Street; Camp Hill, PA 17011 Mary Jean Miller 659 US Route 15 North, Dillsburg, PA 17019 Betty & Ric's Accounting Service 4905 Bossler Road, Elizabethtown, PA 17022 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. and JACQUELINA'S INC. Plaintiffs versus MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE, Defendants Civil Action - (X) Law - ( )Equity NO: 10-4339- CIVIL TO: MARY JEAN MILLER, JFC STAFFING, INC and BETTY & RIC'S ACCOUNTING SERVICE, Defendants 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 fait 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 Petition or for any other claim or relief requested by Petitioner. 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 ~ ~; -- Q T, r- c <- =: _„ ~ ~~-~ r~ ~ -' r'.- -. { ==~ •' _.- ~ - ~. ~ ~. ,:` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. and JACQUELINA'S INC. Plaintiffs versus MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE, Defendants Civil Action - (X) Law - ( )Equity NO: 10-4339- CIVIL COMPLAINT 1. Plaintiff, MR. SANDMAN, INC., is a Pennsylvania corporation with offices located at 515 South 32"d Street, Camp Hill, Pennsylvania. 2. Plaintiff, JACQUELINA'S, INC., is a Pennsylvania corporation with offices located at 515 South 32"d Street, Camp Hill, Pennsylvania. 3. Defendant MARY JEAN MILLER, is an adult individual residing at 659 US Route 15, North, Dillsburg, Pennsylvania. 4. Defendant JFC STAFFING, INC. Is also known as JFC STAFFING ASSOCIATES, a fictitious name filed by JFC PERSONNEL, INC., with offices located at 1520 Market Street, Camp Hill, Pennsylvania 5. Defendant BETTY & RIC'S ACCOUNTING SERVICE is a 5ctitious name for an accounting business owned by Betty M. Boinet II and Richard M. Miller II at 4905 Bossier Road, Elizabethtown, Pennsylvania. 6. The events which form the basis of this action arose from hiring by Plaintiffs of Defendant Mary Jean Miller, first as a bookkeeper and then as a Controller for MR. SANDMAN, INC., and as a bookkeeper, for JACQUELINA'S, INC., in the year of 2005 7. Defendant JFC STAFFING, INC., a/k/a JFC STAFFING ASSOCIATES, was an employment agency which provides temporary help and job placement services for businesses in eastern Cumberland County, Pennsylvania. 8. Defendant BETTY 8~ R{C'S ACCOUNTING SERVICE, provided accounting services to Mr. SANDMAN, INC., and also to JACQUELINA'S, INC., with respect to preparation of federal, state and local tax reports, relating to Plaintiffs businesses. 9. In August of 2005, Plaintiffs were seeking to employ an experienced book keeper, to organize the financial records for Mr. Sandman, inc. and Jacquelina's Inc. 10. On or about September 27, 2005, Defendant JFC Staffing recommended Defendant Mary Jean Miller to Plaintiffs as a qualified and experienced book keeper who would be well suited to work for Plaintiffs. 11. Based upon the recommendation of JFC Staffing, Defendant Mary Jean Miller was placed with Mr. Sandman, Inc., as a temporary employee provided by JFC Staffing at an hourly rate of $22.40. 12. From October 2005, until March 2006, Defendant Miller worked as a Temporary Employee provided by JFC Staffing on the premises where her duties included for both Plaintiffs as book keeper, data entry clerk and payroll clerk, however Plaintiffs have since learned that Mary Jean Miller was not only unable to perform the for the job, but had a propensity for dishonesty, disloyalty and theft in her employment by Plaintiffs. 13. On March 6, 2006, at the strong recommendation of BETTY & RIC'S ACCOUNTING SERVICE, MR. SANDMAN, INC., hired Mary Jean Miller as Bookkeeper/Controller and paid JFC Staffing a contract buyout fee of $1,095.00. 14. After March 6, 2006, Plaintiffs provided Defendant with signature authority on the business checking accounts and credit cards to facilitate work flow. 15. In March of 2007, Plaintiffs learned that Defendant Miller had been falsifying her payroll time cards, mis-appropriating petty cash funds, writing checks to herself as cash advances without authorization and failing to deposit sale proceeds from merchandise sales at the flooring show room. 16. Plaintiffs further discovered that Defendant Miller had been either unable or unwilling to properly set up and manage the business accounting system for Mr. Sandman, Inc., to such an extent that inaccurate and incomplete tax reports for tax years 2003, 2004, 2005 and 2006, and further that she concealed these inaccuracies and deficiencies from Plaintiffs, by with holding delinquency notices from the Internal Revenue Service. 17. Plaintiffs are informed and believe and therefore aver that Defendant BETTY 8~ RIC'S ACCOUNTING SERVICE, knew or had reason to know that the work performed by Mary Jean Miller was deficient as to accuracy and completeness, but that company never advised Mr. Sandman, Inc., so that the tax returns were not accurate, and resulted in a substantial error in calculation taxes paid by Mr. Sandman, Inc. amounting to $11,374.00. 18. Plaintiffs further aver that Defendant Miller failed to make timely payments for credit card accounts of JACQUELINA'S resulting in unnecessary late charges amounting to $ 1131.63. 19. Plaintiffs aver that Defendant JFC Staffing failed to verify the credentials of Mary Jean Miller, who lacked essential book keeping skills to prepare the financial records of Plaintiffs and more importantly lacked ethical candor to advise plaintiffs as to her inability to perform the job as well as the lack of honesty to the point where she falsified her time cards and stole money from Mr. SANDMAN, iNC. 20. As a result of the foregoing MR. SANDMAN, INC. and JACQUELINA'S have suffered the following damages: PayroN overpayment and Payroll taxes to Mary Jean Miller $ 8,631.74 Unauthorized Cash Advances taken by Mary Jean Miller $ 1,596.35 Conversion of Sale Receipts by Mary Jean Miller $ 1,555.89 Contract Buyout Fees paid to JFC $ 1,095.00 Bookkeeper Fees paid to JFC $13,449.90 Late Charges JACQUELINA'S credit card accounts $1131.63 Overpayment to lRS for Tax year 2004 $8,036.00 Overpayment to Pennsylvania $3,338.00 Forensic Accounting Fees $43,400.00 Tax Attorney Fees $539.10 i Total Damages $82,773.61 WHEREFORE, Plaintiffs demand judgme agai st the D dants for the sum of $82,773.61, together with interest and cos of ~t. Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 I.D. 19255 Attorney for Plaintiffs i verify that the statements made in this Complaint ,~~e true and correct. I understand that false statements herein are made subject to the penalties ofi 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities:. ;~~ Dated: August 3, 2010 MR. SANDMAN, INC. " BY: .Y I verify that the statements made in this Complaint :are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities: Dated: August 3, 2010 JACQUELINA'S INC. BY: CIELINE MAGAR resident SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~att~ of `umbpr~ ~~ ~~ G , ~~ ,'~ ~~~ .,,r ~~. _ ,_ ~, _ ~, ~-~~;_ . ~1 ~ i ._ -_ Jody S Smith Chief Deputy Richard W Stewart Solicitor [GHQ'-:.::~ °U { i = is fiver ~ 1~i-j1 s •. !8 G~ , ~~ - .. ~•,, . ,- _ ;' Mr. Sandman, Inc. (et al.) vs. Mary Jean Miller (et al.) Case Number 2010-4339 SHERIFF'S RETURN OF SERVICE 07/02/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Mary Jean Miller, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 07/02/2010 Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 2, 2010 at 1604 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: JFC Staffing, Inc., by making known unto Nicole Lighty, Administrative Assistant for JFC Staffing, Inc. at 1520 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. DEN FRY, DEP 07/02/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Betty & Ric's Accounting Service, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the withir Writ of Summons according to law. 07/19/2010 York County Return: And now, July 19, 2010 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Mary Jean Miller the defendant named in the within Writ of Summons and that I am unable to find her in the County of York anc therefore return same NOT FOUND. Request for service at 659 US Route 15 North, Dillsburg, PA 17019 does not exist. 07/21/2010 01:05 PM -Lancaster County Return: And now July 21, 2010 at 1305 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Betty & Ric's Accounting Service by making known unto Ric Miller, Owner of Betty & Ric's Accounting Service at 4905 Bossier Road, Elizabethtown, PA 17022 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $91.94 August 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Sheriff, Teleosoft, Inc. . 'r'.~,..._ s • ~ ~ SH ERIFF~S OFFICE ~ 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, .17608-3480 - (717) 299-8200 ~ ~~ a H SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT of RETURN ~ 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER I~- Mr. Sandman, Inc. & Jacqueline's Inc. 2010-4339 iF-c~ 3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED Q'' Betty & Ric's Accounting Service Writ of Summons iG _ _... __ _,, H SERVE 5. NAME OF INDIVIDUAL COMPANY CORPORATION ETC. TO BE SERVED n Betty & Ric's Accounting Service ~ 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Tw ., State and ZIP Code) AT 4905 Bossier Road, Elizabethtown, PA 17022 __ X _ _ _..._.. __.. __.. __ _ H Now, July 2 , 2010 20 . I SHERIF OUNTY, PA., do hereby deputize the Sheriff of ~ LANCASTER County to execu return thereof according to law. This deputation being made at the ~ request and risk of the plaintiff iff 8. SPECIAL INSTRUCTIONS OR OTHER I ATION THAT WILL ASSIST IN EXPEDITING SERVICE: n th CUMBERLAND COUNTY ~_~.. _ __ _ __ NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OFWATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may kave same without a watchman, in custody of whomever is found In possession, after notifying person of kvY or attachment, without IWbility on the part of such deputy or the shedff to any plaintKf herein for any foss, destruction or removal of any such property before shedfrs sale thereof. 9. SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE Robert Radebach 717-896-2666 Jul 1, 2010 12. SEND NOTICE,OF SER~/ICE COPY TO NAME AN " w D ADDRESS BELOW:(Thisarea must be completed if notice is to'be rrieiled) n ~ ~ , 1~ 13. I ackpnowledge receipt oft a writ '" NAME of authorized LC50 D+r u ` or Clerk 14. Date Received J.S. Expiration/Hearing Date ,:,, or com taint as indicated above K. BRADSHAW 717-299-~ x/6/2010 8/2/2010 1 ere y an tat 'have personally served, ave ega evf ence o service as s own fn emar ! ave execute as shown in "Remarks",the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, 18. Name and title of individual Served(if not 20. Address of where served (Complete Boro, TWP, State and ZIP Code) 23. Attempts C 24. Advance Costs R# ' ~ 30. Remarks: S.T.A.: Miles Dep.lnt Date Mi 3(o MA FF ~rvice Costs 26. Notary 31. AFFIRMED and subscribed to before me this 34. day of 37. Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES ' ~~ ve) (Relationship to Defendant) 19. ~ No Service See Remarks Below than shown above)(Street or RFD, Apartment No., Ciry, 21. Date of Service 22. Time AM ~~ FS.T/E.C es Dep.lnt Date Miles Dep.lnt Date Miles Dep.lnt Date Miles Dep.lnt COST gDU/E~ OR ///~ . 20 SO AN! ~ !. ~ ,Ss'~ Q.- ~~a~3 -! Q Terry A. B~rgmah'SH~MIFF O CO SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration MR. SANDMAN, INC. AND JACQUELINA'S INC. vs. MARY JEAN MILLER Case Number 10-4339 CIVIL SHERIFF'S RETURN OF SERVICE 07/19/2010 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: MARY JEAN MILLER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED WRIT OF SUMMONS (WOSM) AS "NOT FOUND" AT 659 US ROUTE 15 NORTH, DILLSBURG, PA 17019. UNABLE TO LOCATE, PER COUNTY CONTROL, THEIR LISTINGS SHOW THAT THIS ONLY GOES UP TO 629. SHERIFF COST: $19.00 SO A RS, [ `~' July 21, 2010 RICHA D P K ER EB R, SHERIFF NOTARY Affirmed and subscribed to before me this 21st day of JULY 2010 BbMM~M5~1~ALfa A~ ~~NNiYt.VANIA t'i~.cu Ito,^, r. r„iuosrt, ~r,~:. NOTARI/~~. ~~11~, G' / ~\~~~~~~' y~,`'~y~ ,,, LISA L. TbdQF~~c. i~QTr~!~Y 9U8UC /LJ ~--~ ~:ITY QH'YQRK, 4`~RK CQUNTY MY COMMi6Wi~M Fs~aIR~$A~iG. 1~. ~Q13 w rfL~`~! zt _. '` Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 robradebachatty~aol.com i.D. No. 19255 Attorney for Plaintiffs }v~ 9 ~ ~ x,.11 i r'.. ~ .._ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. and JACQUELINA'S INC., Plaintiffs v. MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE, Defendants Civil Action - (X) Law - ( )Equity NO: 10-4339- CIVIL CERTIFICATE OF SERVICE AND NOW, August 5, 2010, I, Robert G. Radebach, Esquire, Attorn Plaintiffs, hereby certify that I served a copy of the Complaint in the a e-captio ed matter upon Mary Jean Miller, Defendant, Theodore Adler, Esquir ,Attorney fo Defendant JFC Staffing, Inc., and Betty & Ric's Accounting S ice, Defends , on August 5, 2010, by depositing the same in the United Stat M tage repaid, in the post office at Harrisburg, Pennsylvania, addressed ows: Mary Jean Miller 659 N. U.S. Route 15 Dillsburg, PA 17019 Theodore Adler, Esquire 2331 Market Street Camp Hill, PA 17011 Betty & Ric's ~ 4905 Bossier Elizabethtown nting Serv Al RobeTtS~: Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) $96-2666 I.D.# 19255 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. and JACQUELINA'S INC. Plaintiffs versus MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE, Defendants Civil Action - (X) Law - ( )Equity NO: 10-4339- CIVIL TO: MARY JEAN MILLER, JFC STAFFING, INC and BETTY & RIC'S ACCOUNTING SERVICE, Defendants 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 Petition or for any other claim or relief requested by Petitioner. 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. COURT ADMINISTRATOR Third Floor ,_, ~,, -- Cumberland County Court House `_ `=' ~::~ , Carlisle, PA 17013 ~' ~ ~ - -7 Telephone: 717 240-6200 ~- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. and JACQUELINA'S INC. Plaintiffs versus MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE, Defendants Civil Action - (X) Law - ( )Equity NO: 10-4339- CIVIL COMPLAINT 1. Plaintiff, MR. SANDMAN, INC., is a Pennsylvania corporation with offices located at 515 South 32"d Street, Camp Hill, Pennsylvania. 2. Plaintiff, JACQUELINA'S, INC., is a Pennsylvania corporation with offices located at 515 South 32"d Street, Camp Hill, Pennsylvania. 3. Defendant MARY JEAN MILLER, is an adult individual residing at 659 US Route 15, North, Dillsburg, Pennsytvania. 4. Defendant JFC STAFFING, INC. Is also known as JFC STAFFING ASSOCIATES, a fictitious name filed by JFC PERSONNEL, INC., with offices located at 1520 Market Street, Camp Hill, Pennsytvania 5. Defendant BETTY & RIC'S ACCOUNTING SERVICE is a fictitious name for an accounting business owned by Betty M. Boinet II and Richard M. Miller II at 4905 Bossier Road, Elizabethtown, Pennsylvania. 6. The events which form the basis of this action arose from hiring by Plaintiffs of Defendant Mary Jean Miller, first as a bookkeeper and then as a Controller for MR. SANDMAN, INC., and as a bookkeeper, for JACQUELINA'S, INC., in the year of 2005 7. Defendant JFC STAFFING, INC., a/k/a JFC STAFFING ASSOCIATES, was an employment agency which provides temporary help and job placement services for businesses in eastern Cumberland County, Pennsylvania. 8. Defendant BETTY & RIC'S ACCOUNTING SERVICE, provided accounting services to Mr. SANDMAN, INC., and also to JACQUELINA'S, INC., with respect to preparation of federal, state and local tax reports, relating to Plaintiffs businesses. 9. In August of 2005, Plaintiffs were seeking to employ an experienced book keeper, to organize the financial records for Mr. Sandman, Inc. and Jacquelina's Inc. 10. On or about September 27, 2005, Defendant JFC Staffing recommended Defendant Mary Jean Miller to Plaintiffs as a qualified and experienced book keeper who would be well suited to work for Plaintiffs. 11. Based upon the recommendation of JFC Staffing, Defendant Mary Jean Miller was placed with Mr. Sandman, Inc., as a temporary employee provided by JFC Staffing at an hourly rate of $22.40. 12. From October 2005, until March 2006, Defendant Miller worked as a Temporary Employee provided by JFC Staffing on the premises where her duties included for both Plaintiffs as book keeper, data entry clerk and payroll clerk, however Plaintiffs have since learned that Mary Jean Miller was not only unable to perform the for the job, but had a propensity for dishonesty, disloyalty and theft in her employment by Plaintiffs. 13. On March 6, 2006, at the strong recommendation of BETTY & RIC'S ACCOUNTING SERVICE, MR. SANDMAN, INC., hired Mary Jean Miller as Bookkeeper/Controller and paid JFC Staffing a contract buyout fee of $1,095.00. 14. After March 6, 2006, Plaintiffs provided Defendant with signature authority on the business checking accounts and credit cards to facilitate work flow. 15. In March of 2007, Plaintiffs learned that Defendant Miller had been falsifying her payroll time cards, mis-appropriating petty cash funds, writing checks to herself as cash advances without authorization and failing to deposit sale proceeds from merchandise sales at the flooring show room. 16. Plaintiffs further discovered that Defendant Miller had been either unable or unwilling to properly set up and manage the business accounting system for Mr. Sandman, Inc., to such an extent that inaccurate and incomplete tax reports for tax years 2003, 2004, 2005 and 2006, and further that she concealed these inaccuracies and deficiencies from Plaintiffs, by with holding delinquency notices from the Internal Revenue Service. 17. Plaintiffs are informed and believe and therefore aver that Defendant BETTY & RIC'S ACCOUNTING SERVICE, knew or had reason to know that the work performed by Mary Jean Miller was deficient as to accuracy and completeness, but that company never advised Mr. Sandman, Inc., so that the tax returns were not accurate, and resulted in a substantial error in calculation taxes paid by Mr. Sandman, Inc. amounting to $11,374.00. 18. Plaintiffs further aver that Defendant Miller failed to make timely payments for credit card accounts of JACQUELINA'S resulting in unnecessary late charges amounting to $ 1131.63. 19. Plaintiffs aver that Defendant JFC Staffing failed to verify the credentials of Mary Jean Miller, who lacked essential book keeping skills to prepare the financial records of Plaintiffs and more importantly lacked ethical candor to advise plaintiffs as to her inability to perform the job as well as the lack of honesty to the point where she falsified her time cards and stole money from Mr. SANDMAN, INC. 20. As a result of the foregoing MR. SANDMAN, INC. and JACQUELINA'S have suffered the following damages: Payroll overpayment and Payroll taxes to Mary Jean MINer $ 8,631.74 Unauthorized Cash Advances taken by Mary Jean Miller $ 1,596.35 Conversion of Sale Receipts by Mary Jean Miller $ 1,555.89 Contract Buyout Fees paid to JFC $ 1,095.00 Bookkeeper Fees paid to JFC $13,449.90 Late Charges JACQUELINA'S credit card accounts $1131.63 Overpayment to IRS for Tax year 2004 $8,036.00 Overpayment to Pennsylvania $3,338.00 Forensic Accounting Fees $43,400.00 Tax Attorney Fees $539.10 Total Damages $82,773.61 WHEREFORE, Plaintiffs demand judgment against the Defendants for the sum of $82,773.61, together with interest and costs f sui Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 I.D. 19255 Attorney for Plaintiffs I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.. Dated: August 3, 2010 MR. SANDMAN, INC: ~'~ BY: f verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: August 3, 2010 JACQUELINA'S INC: BY: ~~ J Q LINE MAGAR , P si~ ent r REAGER & ADLER, P.C. By: Theodore A. Adler, Esquire Attorney I.D. No. 16267 Email: Tadler@ReagerAdlerPC.com By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email:Twilliams@ReagerAdlerPC.com BY: Wayne S. Martin, Esquire Attorney I.D. No. 208078 Email: WMartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Defendant, JFC Staffing, Inc. Mr. Sandman, Inc. and Jacquelina's, Inc. Plaintiffs v. f. r _Ji J, ;, as o as - t3 P 'T'>t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4339 Civil Term Mary Jean Miller, JFC Staffing, Inc. and Betty & Ric's Accounting Service Defendants PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Thomas O. Williams, Esquire, and Wayne S. Martin, Esquire of the law firm of Reager & Adler, P.C. as attorneys for the Defendant, JFC Staffing, Inc., in the above-captioned action. They join Mr. Adler, also of Reager & Adler, P.C., on this matter. Dated: August 10, 2010 Respectfully submitted, REAGER & AD ER, P.C. T1)6mas O. Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 CERTIFICATE OF SERVICE AND NOW this day of August, I hereby certify that I caused a true and correct copy of the foregoing Praecipe to Enter Appearance to be served upon the following parties of record, via First Class U.S. Mail, addressed as follows: Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 Counsel to Plaintiffs Mary Jean Miller 659 US Route 15 North Dillsburg, PA 17019 Betty & Ric's Accounting Service 4905 Bossler Road Elizabethtown, PA 17022 A A 1'^?4A . ig Je a L. Shull P egal, Reager & Adler, P.C. REAGER & ADLER, P.C. By: Theodore A. Adler, Esquire Attorney I.D. No. 16267 By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 By: Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Defendant, JFC Staffing, Inc. Mr. Sandman, Inc. and Jacquelina's, Inc. Plaintiffs V. Mary Jean Miller, JFC Staffing, Inc. and Betty & Ric's Accounting Service Defendants ao o qua- to IRV 3 : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 10-4339 Civil Term DEFENDANT, JFC STAFFING, INC.'S PRELIMINARY OBJECTIONS AND NOW, comes Defendant's JFC Staffing, Inc. (hereinafter "JFC"), by and through its attorneys Reager & Adler, P.C. and files these Preliminary Objections and in support thereof avers the following: Preliminary Objection Pursuant to Pa.R.C.P.1028 (3) 1. Plaintiffs filed the Complaint in this action on or about August 4, 2010. 2. The Complaint contains twenty (20) paragraphs. 3. Aside from Paragraph Nos. 4 and 7 which identify and describe JFC Staffing, Inc. there are five additional paragraphs contained in the Complaint, Paragraph Nos. 10, 11, 12, 13 and 19, which make reference to JFC. None of the aforesaid paragraphs referencing or pertaining to JFC allege that JFC breached a contract or that any of JFC's actions constituted negligence. 1 4. The Complaint is devoid of any Count designations or Cause of Action titles indentifying the Plaintiff s claims as either a breach of contract or negligence. 5. The Complaint is devoid of any allegation that JFC breached any alleged contract or that JFC was negligent. 6. There is no contract or any other writing attached to the Complaint. 7. Pursuant to Pa.R.C.P. 1028(3), a Defendant may file Preliminary Objections on the grounds that there is an insufficient specificity in a pleading, here the Plaintiffs Complaint. 8. Based on the allegations in the Complaint, such as they are, it is not possible for Defendant JFC to determine whether it is being sued for a breach of contract or negligence, neither, or both. Therefore, JFC cannot properly defend this Complaint as pleaded. WHEREFORE, Defendant JFC Staffing, Inc., respectfully requests this Honorable Court to sustain its Preliminary Objection and to enter an Order directing the Plaintiffs to amend the Complaint. Respectfully submitted, REAGER & AD JP.C Date: August 12 , 2010 Theodore/A. A r, sq Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Counsel to Defendant, JFC Staffing, Inc. 2 CERTIFICATE OF SERVICE AND NOW this 12'' day of August, 2010, I hereby certify that I caused a true and correct copy of the foregoing Defendant, JFC Staffing, Inc. 's Preliminary Objections to be served upon the following counsel of record, via First Class U.S. Mail, addressed as follows: Jill M. Laskowitz, Esq. James H. Thomas, Esq Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 Counsel to Defendant, Betty & Ric's Accounting Service Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 Counsel to Plaintiffs Mary Jean Miller 659 N. US Route 15 Dillsburg, PA 17019 Defendant Je ica Shull Paralegal, Reager & Adler, P.C. JML:crh 564118.1 (29094.001 ) 8/18/10 BLAKINGER, BYLER & THOMAS, P.C. By: James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service PM 1' 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MR. SANDMAN, INC. and JACQUELINA' S INC. Plaintiffs v. 10-4339-CIVIL MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance of James H. Thomas, Esquire and Jill M. Laskowitz, Esquire of Blakinger, Byler & Thomas, P.C. on behalf of Defendant Betty & Ric's Accounting Service in the above matter. Date: S-lf'-/D BLAKINGER, BYLER & THOMAS, P.C. By: ?L?C L oz.c James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service JML:crh 564118.1 (29094.001 ) 8/18/10 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Entry of Appearance upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail Addressed as Follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiffs Mary Jean Miller 659 N. U.S. Route 15 Dillsburg, PA 17019 Theodore Adler, Esquire 2331 Market Street Camp Hill, PA 17011 BLAKINGER, BYLER & THOMAS, P.C. Date: By. Dzi?? /1? James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service 2 JML:crh 564121.1 ( 29094.001 ) 8/18/10 BLAKINGER, BYLER & THOMAS, P.C. By: James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service ®?UG I9 PM l:0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MR. SANDMAN, INC. and JACQUELINA' S INC. Plaintiffs V. MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE Defendants 10-4339-CIVIL PRELIMINARY OBJECTIONS OF DEFENDANT BETTY & RIC'S ACCOUNTING SERVICE Defendant Betty & Ric's Accounting Service, by and through its undersigned counsel, hereby preliminarily objects to Plaintiffs' Complaint pursuant to Pa. R. C. P. 1028 (a)(3) and (a)(4) and alleges the following in support thereof: I. PRELIMINARY OBJECTION RAISING A QUESTION OF INSUFFICIENT SPECIFICITY OF A PLEADING. 1. Plaintiffs filed a Civil Action Complaint against Betty & Ric's Accounting Service and others for their alleged role in promoting Defendant Mary Jean Miller as a Bookkeeper/Controller for Plaintiffs' businesses. JML:crh 564121.1 ( 29094.001 ) 8/18/10 2. Pennsylvania Rule of Civil Procedure 1028(a)(3) provides that a Defendant may object to a pleading because of insufficient specificity. 3. Aside from paragraph 5, which identifies Betty & Ric's Accounting Service, the only other paragraphs that mention Betty & Ric's Accounting Service allege that it provided accounting services to Mr. Sandman and Jacquelina's with respect to preparation of federal, state and local tax reports relating to their businesses; that at the strong recommendation of Betty & Ric's Accounting Service, Mr. Sandman, Inc. hired Mary Jean Miller as Bookkeeper/Controller; and that Plaintiffs are informed and believe and therefore aver that Defendant Betty & Ric's Accounting Service knew, or had reason to know, that the work performed by Mary Jean Miller was deficient as to accuracy and completeness, but never advised Mr. Sandman, Inc. so that the tax returns were not accurate and resulted in a substantial error in calculation taxes paid by Mr. Sandman, Inc. amounting to $11,374.00 (See Complaint, paragraphs 5, 8, 13 and 17). 4. The aforementioned paragraphs of the Complaint do not plead specific material facts sufficient to allow Betty & Ric's Accounting Service to answer or prepare a defense and Plaintiffs should be required to file a more specific pleading. WHEREFORE, Defendant Betty & Ric's Accounting Service respectfully requests that Plaintiffs be directed to more specifically plead the averments against Betty & Ric's Accounting Service. II. DEMURRER TO PLAINTIFFS' COMPLAINT. 5. Defendant Betty & Ric's Accounting Service incorporates by reference paragraphs 1 through 4 above. 6. The averments of Plaintiffs' Complaint against Betty & Ric's Accounting Service do not make out any cognizable claim under Pennsylvania law. 2 JML:crh 564121.1 ( 29094.001 ) 8/18/10 WHEREFORE, Defendant Betty & Ric's Accounting Service respectfully requests that this Honorable Court grant its preliminary objection by way of demurrer and dismiss Plaintiffs' Complaint as to Defendant Betty & Ric's Accounting Service. Date: fl ' b' J / d BLAKINGER, BYLER & THOMAS, P.C. By: 2? W James H. Thomas, Esquire 61 Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service JML:crh 564121 .1 ( 29094.001 ) 8/18110 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Preliminary Objections of Betty & Ric's Accounting Service upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail Addressed as Follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiffs Mary Jean Miller 659 N. U.S. Route 15 Dillsburg, PA 17019 Theodore Adler, Esquire 2331 Market Street Camp Hill, PA 17011 BLAKINGER, BYLER & THOMAS, P.C. Date: ff ' /k - r D By: James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service 4 ca/a~. 4 , PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) MR. SANDMAN, INC. and JACQUELINA'S INC. VS. MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE (List the within matter for the next EU.•, ~~ ~-~ r . ~~ .-- ... __________________________________ __± -y ~4~ ~ C:J T .,....t ~~~ , t ~ _~ ~s ,._._ .'x .w ~.-+ i" 4. ~. _~ c.a O ~~ c.. ;1 No. 10-4339 CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): PRELIMINARY OBJECTIONS OF DEFENDANT BETTY & RJC'S ACCOUNTING SERVICE 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert G. Radebach, Esq., 912 N. River Rd., Halifax, PA 17032 (Name and Address) (b) for defendants: James H. Thomas, Esq. and Jill M. Laskowitz, Esq., 28 Penn Sq., Lancaster, PA 17603 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Signature ! ~ Jill M. Laskowitz, Esq. Print your name Betty & Ric's Accounting Service September 17, 2010 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. tf argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. JML:crh 564118.1 (29094.001) 9!17/10 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Praecipe Listing Case for Argument upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail Addressed as Follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiffs Mary Jean Miller 659 N. U.S. Route 15 Dillsburg, PA 17019 Theodore Adler, Esquire 2331 Market Street Camp Hill, PA 17011 BLAKINGER, BYLER & THOMAS, P.C. Date: `~ - l 7 / 0 B ~.C-C -f z~~ ~.~~ ;~.r ~r. ~", Y~ James H. Thomas, Esquire ~- Attorney LD. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service 2 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) -------- --- ---------------------- - --- ---------------------- - ---------------- - ------------ - --- --- - - ---------- CAPTION OF CASE i 9C (ent re caption must be stated in full) MR. SANDMAN, INC. and JACQUELINA'S INC. vs. r- MARY JEAN MILLER, JFC STAFFING, INC. AND 6 3r co " BETTY AND RIC'S ACCOUNTING SERVICE tDa -z, 10-4339 No CIVIL _W=errR r . ?' rV raj C3 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurreNto -L - complaint, etc.): - PRELIMINARY OBJECTIONS OF DEFENDANT JFC STAFFING. INC. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert G. Radebach, Esquire (Name and Address) 912 N. River Road, Halifax, PA 17032 (b) for defendants: Thomas O. Williams, Esquire, Theodore A. Adler, Esquire and Wayne S. Martin, Esquire (Name and Address) 2331 Market Street, Camp Hill, PA 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. A Arni imanf r`ni irf rhfa n t_ i c nn, n Thomas O. Williams Date: September 23, 2010 Print your name JFC Staffing, Inc. Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Praecipe Listing Case for Argument was served via first class mail to the following: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiffs Mary Jean Miller 659 N. U.S. Route 15 Dillsburg, PA 17019 Defendant James H. Thomas, Esquire Jill M. Laskowitz, Esquire 28 Penn Square Lancaster, PA 17603 Attorneys for Defendant, Betty & Ric's Accounting Service Date: September 23, 2010 J ica Shull P alegal, Reager & Adler, P.C. n C MW xrn IN THE COURT OF COMMON PLEAS cnr- CUMBERLAND COUNTY, PENNSYLVAN MR. SANDMAN, INC. and JACQUELINA'S INC. Plaintiffs versus MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE, Defendants jy N r N r? nQ ?y Civil Action - ( X ) Law - ( ) Equity NO: 10-4339- CIVIL TO: MARY JEAN MILLER, JFC STAFFING, INC and BETTY & RIC'S ACCOUNTING SERVICE, Defendants 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 Petition or for any other claim or relief requested by Petitioner. 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. and JACQUELINA'S INC. Plaintiffs versus MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE, Defendants Civil Action - ( X ) Law - ( ) Equity NO: 10-4339- CIVIL AMENDED COMPLAINT 1. Plaintiff, MR. SANDMAN, INC., is a Pennsylvania corporation with offices located at 515 South 32"d Street, Camp Hill, Pennsylvania. 2. Plaintiff, JACQUELINA'S, INC., is a Pennsylvania corporation with offices located at 515 South 32"d Street, Camp Hill, Pennsylvania. 3. Defendant MARY JEAN MILLER, is an adult individual residing at 659 US Route 15, North, Dillsburg, Pennsylvania. 4. Defendant JFC STAFFING, INC. Is also known as JFC STAFFING ASSOCIATES, a fictitious name filed by JFC PERSONNEL, INC., with offices located at 1520 Market Street, Camp Hill, Pennsylvania 5. Defendant BETTY & RIC'S ACCOUNTING SERVICE is a fictitious name for an accounting business owned by Betty M. Boinet II and Richard M. Miller II at 4905 Bossler Road, Elizabethtown, Pennsylvania. 6. The events which form the basis of this action arose from hiring by Plaintiffs of Defendant Mary Jean Miller, first as a bookkeeper and then as a Controller for MR. SANDMAN, INC., and as a bookkeeper, for JACQUELINA'S, INC., in the year of 2005 7. Defendant JFC STAFFING, INC., a/k/a JFC STAFFING ASSOCIATES, a/k/a JFC GLOBAL, was an employment agency which provides temporary help and job placement services for businesses in eastern Cumberland County, Pennsylvania. 8. Defendant BETTY & RIC'S ACCOUNTING SERVICE, provided accounting services to Mr. SANDMAN, INC., and also to JACQUELINA'S, INC., with respect to preparation of federal, state and local tax reports, relating to Plaintiffs' businesses. 9. In 2005, Plaintiffs were in need of bookkeeping services to organize corporate records for preparation of tax returns as well as management of petty cash records and payroll.. 10. In September of 2005, Mr. Sandman, Inc, contacted JFC STAFFING, INC. Staffing in Camp Hill, PA to obtain a book keeper qualified to perform the necessary services 11. On September 27, 2005, JFC STAFFING, INC. recommended Mary J. Miller as evidenced by an email and resume which was sent to Plaintiff. 12. In reliance upon the representations of JFC STAFFING, INC. , Mary J. Miller was placed with Mr. Sandman as a temporary employee at an hourly rate of $22.40 charged by JFC STAFFING, INC.. See Exhibit A. 13. From October 2005, until March 2006, Defendant Miller worked as a Temporary Employee provided by JFC STAFFING, INC. on the premises where her duties included for both Plaintiffs as book keeper, data entry clerk and payroll clerk, and paid JFC STAFFING, INC. $13,449.90, for the contracted services of Mary J. Miller. 14. This arrangement proceeded until March of 2006, at the favorable and persuasive recommendation of BETTY & RIC'S ACCOUNTING SERVICE, when Mr. Sandman bought out the Mary Miller Contract from JFC STAFFING, INC. and paid an agreed placement fee of $1,095.00 and hired Mary J. Miller as a full time employee. See Exhibit B. 15. In March of 2006 there was no indication that there were any problems in the work performance if Mary J,. Miller. 16. From and after March10, 2006, Defendant Mary J. Miller continued to work as an employee of Mr. Sandman, Inc, and also performed book keeping functions, including payment of invoices and collection of receipts services for JACQUELINA'S, Inc,. however Plaintiffs were unaware that Defendant Mary J. Miller was falsifying her time cards, stealing petty cash, misappropriating proceeds from showroom sales and preparing incomplete and inaccurate payroll records for Ms. Sandman, Inc. 17. Plaintiffs aver that Mary J. Miller also failed to properly track and pay credit card accounts for Jacquelina's Inc., resulting in the assessment and payment of late charges amounting to $1,131.63, which would not have been incurred had she been performing here job in a good and workmanlike manner. 18. On March 15, 2007, after Mary J. Miller requested a performance review and after Plaintiffs began a review of the work records of Mary J. Miller, Plaintiffs determined that there were significant deficiencies in Mary J,. Miller's work and also that she had stolen money from Mr. Sandman, Inc., Plaintiffs discharged Mary J. Miller. 19. After March 15, 2007 Plaintiff investigated the extent of the defalcation by Mary J. Miller and Plaintiffs aver that the extent of damages suffered by Plaintiffs is as follows: Payroll overpayment and Payroll taxes to Mary Jean Miller $ 8,631.74 Unauthorized Cash Advances taken by Mary Jean Miller $ 1,596.35 Conversion of Sale Receipts by Mary Jean Miller $ 1,555.89 Total $11,783.98 20. Plaintiffs aver that they suffered damages as the result of the placement by JFC STAFFING, Inc., of Mary J. Miller as a temporary employee and as a permanent employee bookkeeper because she was neither competent or honest and failed to perform her job as promised by JFC STAFFING, INC.. Plaintiffs aver that the money paid to JFC STAFFING, INC.. So that the Plaintiff failed to receive any substantial benefit for the money paid to JFC STAFFING, INC. 21. Plaintiffs aver that as the result of false and inaccurate reports prepared by Mary J. Miller, which were transmitted to BETTY & RIC'S ACCOUNTING SERVICE, inaccurate tax returns were generated resulting in overpayment of taxes to the IRS and the Pennsylvania Department of Revenue of $11,374.00, subsequently recovered, which inaccuracies should have been apparent to BETTY & RIC'S ACCOUNTING SERVICE at the time the returns were prepared. 22. Plaintiffs aver that as a result of the actions and inactions of Mary J. Miller it was necessary to hire accounting services and legal services to determine the extent of theft and misappropriation and prepare and file proper tax returns and tax payments amounting to $43,939.10. See Accounting Report attached hereto as Exhibit C, which is hereby made a part hereof COUNT 1 MR. SANDMAN, INC. AND JACQUELINA'S INC V MARY J. MILLER 23. Plaintiffs hereby incorporate the foregoing averments 1 through 22 and make them a part of this claim. 24. Plaintiffs aver that they have been damaged by the actions, inactions and theft by Defendant Mary J. Miller, as follows: Payroll overpayment and Payroll taxes to Mary Jean Miller $ 8,631.74 Unauthorized Cash Advances taken by Mary Jean Miller $ 1,596.35 Conversion of Sale Receipts by Mary Jean Miller $ 1,555.89 Contract Buyout Fees paid to JFC $ 1,095.00 Bookkeeper Fees paid to JFC $ 13,449.90 Late Charges JACQUELINA'S credit card accounts $ 1,131.63 Forensic Accounting Fees $ 43,400.00. Tax Attorney Fees $ 539.10 Total Damages $ 71,399.61 WHEREFORE, Plaintiffs demand judgment against Mary J. Miller for the sum of $71,399.61, together with interest from March 15, 2007 and costs of suit. COUNT 2 MR. SANDMAN, INC. V JFC STAFFING INC 25. Plaintiffs hereby incorporate the foregoing averments 1 through 22 and make them a part of this claim. 26. Plaintiffs aver that they have suffered damages as the result of the recommendation of JFC STAFFING INC to place and hire Mary J. Miller as a competent bookkeeper and controller without verifying her credentials and by representing that Mary J. Miller would be able to perform the services needed by Plaintiffs. 27. Plaintiffs aver that when Plaintiffs checked references for Mary J,. Miller, they learned that she did not have good references and Plaintiffs believe and aver that Defendant JFC STAFFING INC's failure to investigate and verify the qualifications of Mary J. Miller caused substantial damages to Plaintiffs as set forth above. 28. Plaintiffs aver that JFC STAFFING INC had a duty to provide competent individuals to perform the necessary work for Plaintiff, and that JFC Staffing Services failed to do so. 29. As the result of the hiring of Mary J. Miler by Plaintiff, Plaintiff suffered substantial losses and damages which would not have occurred if the employee placed had been forthright, honest and competent. WHEREFORE, Plaintiffs demand judgment against JFC STAFFING INC., in an amount in excess of $35,000.00, together with interest from March 15, 2007 and costs of suit. COUNT 3 MR. SANDMAN, INC. AND JACQUELINA'S INC V BETTY AND RIC'S ACCOUNTING SERVICE 30.. Plaintiffs hereby incorporate the foregoing averments 1 through 22 and make them a part of this claim. 31. Plaintiffs aver that they have suffered damages as the result of reliance upon the recommendations of Defendant BETTY & RIC'S ACCOUNTING SERVICE in hiring Mary J. Miller, which defendant advised Plaintiffs that they could not afford not to hire Mary J. Miller. 32. Plaintiffs aver that after Mary J. Miler was discharged, Plaintiffs financial accounting disclosed that the reports prepared by Mary J. Miller and provided to BETTY & RIC'S ACCOUNTING SERVICE were inaccurate and incomplete to such an extent that Defendant BETTY & RIC'S ACCOUNTING SERVICE should have been alerted to inquire as to the accuracy of the reports, but failed to do so. 33. Plaintiffs are informed and believe and therefore aver that Defendant BETTY & RIC'S ACCOUNTING SERVICE had reason to know about the defective performance by Mary J. Miller and failed to notify Plaintiffs as to the problems in the reports. 34. As a result of the inaccurate work performed by Mary J. Miller and the failure of Defendant Betty and Ric's Accounting Service to recognize the deficiencies in the reports, Plaintiffs incurred substantial expense to audit and correct the improper tax returns, as above set forth, which would not have been necessary had Defendant BETTY & RIC'S ACCOUNTING SERVICE acted in a good and workmanlike manner. WHEREFORE, Plaintiffs demand judgment against BETTY & RIC'S ACCOUNTING SERVICE in an amount in excess of $35,000.00, together with interest from March 15, 2007 and costs of suit. Halifax, PA 17032 717-896-2666 I.D. 19255 Attorney for Plaintiffs 912 North River Road I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: January 21, 2011 MR. SANDMAN, INC. BY: Qtll-? &VVIL4 A Ja u e Magaro, Vice resident I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: January 21, 2011 JACQUELINA'S INC. BY: ILL Vcqu a Magaro, Pre id t YAOY. 1 OT I 2008-01-161525 7178962754 P 2/8 This nwagmp has been %anned for IMOwn viruses. i+,. Lori?Re Chen To: isoQmewmWO .c Om subject: Resume Dow Tue. 27 Sep 2006 08:4&12 -0400 Good Morning Jackie! I apologize for not getting back to you sooner but Jeanne worked till 5:OOPM at the assignment I had her on so that she could finish. I talked to her about your position and she is very interested. Jeanne is also a fun-loving person but she knows how to buckle down and get the lob done. She has also owner her own small restaurant business so I think she is would w be great to help you get started. She has done a number of assignments for me and has always done a fantastic job S experienced Bookkeeper and has experience with both QuickBooks and GuickBooks pro. She would be available to start on Thursday morning. Her bill rate would be 522.40/hour which is the rate that includes our costs such as payroll, workers comp. unemployment, recruiting. aft... Just to give you an idea. Jeanne went on assignment for me a few months back to a local small business that was over 2 years behind on their books. She was able to get them caught up to date w1tMn 5 months and their books were an absolute mess. They were nowhere close to accurate and she pretty much had to redo everything from the last 2+ years. She did a phenomenal job and they were thrilled with her. Well please let me know what you think and n you would like to bring her on boardl Thank you very much! Lori Lori Reichert fluenAler (7177 7014065 hapj/www.ite"l6np.corn ? ? j/e/ S }L BEST PLACES ` to work in http:HmO l .webmail.aol . com/di splay-message.aspx 9/27/2005 Received Jan-16-2009 15:89 From- To-ROBERT G RADEBACH Page 002 2008-01-1615:26 - - 7178962754 P 318 *'1 PVROM& A ": Lod PAICken (717)741.dl> 01 Z JFC Pro Tsrq¦ lo&i@ikx mffmg-cam MARY J. NN?_.= 221P snq 2/05 - 7/05 JFC Staffing Associates Camp Hill, PA UJ*W Reel WRW end QriddW" to- ¦ Enter all accounting entries for WE 4'M4 and Y& 2005 - Prepare and erder all iFwcnWy a4ustment entries ¦ Prepare financial shNtWfNnft for CPA - Balance all GA_ accounts, including bank and cash per month 2004 Self-employed York, PA Tax Pltat sww - Preparing taxes for xnd businesses 4/04-9104 Lester Sell Agency Hanover,PA Assliaftb* Tax P ep * ¦ Assisting in preparation of Individual and small business income tax returns • Meeting with derds upon foam completion making suppestions to clients in reference to social security limits prior to taxation, additional estimated taxes needed for coming year and Investment of funds 1 /03-3/04 Pizza Plus York, PA Using Qu kkbooks Rv to- Enter ON amounts payable and amounts receivable Daily and monthty Inventory • Payroll and applicable taxes ¦ AN general ledger entries ¦ Balance G/L accounts montnly ¦ Prepare financial statements • Grant application Business planning and public relations F__ XH0( P Received Jan-16-2008 15:39 From- Pft6e5-_ To-ROBERT G RADEBACH Page 003 2008-04-1615:26 - - 7178962754 P 418 64 Edut a m 1998-2000 Valley Pine Construction, Inc. Frederick, MD ¦ Maintaining all facets of general led8er ¦ Payroll, applicable taxes and all related reporting ¦ Balancing all GIL amounts nwnU* • Proposal and Bic-Writing ¦ Cullectiorm preparing books for year-end outside audit ¦ Maintain ail insurance policies for employees and company ¦ Customer billing 1989-19% FGNS Bank Frederick. MD g"untlas TnoWfteconeWa0m Man¦!w ¦ Maintaining Dank and personal Investment accounts by investing in FNMA, GNMA, FreWle Mac and outer various markets • Purchase treasury notes and bonds for customers and make appropriate entries ¦ Stack transfers for customem and recordirig al tr3rW010M Head of Bank Reconcillation Department • Salance GIL on daly basis Maintaining complance regarding bank & ci mer accounts, as required by Maryland Bankers Association Make ail necessary entrlss to general ledger accounts. customer accounts and bank's accounts. as nee0e0 Applicatiow used were standard Bankers Association Programs for the banking industry Franklin High School, Reisterstown, MD. F,_ )04 to r/ ft lop,-6'e. 3 Received Jan-16-2006 15:29 From- To-ROBERT G RADEBACH Page 004 2008-01-161526 s March 10th, 2006 7178962754 Jackic Magam Mr. Sandman 515S.32 ad Street Annex Camp 1.1111, PA 17011 Dear Jackie: P 5/8 Thank you very much for your continued business with JFC Staffing! This agreement is to confirm the contract buyout of Jeanne Miller with JFC Global. Mr. Sandman will buyout the remainder of this contract. The amount of the buyout is 51095 plus applicablc tax. Jeanne's last day of employment with JFC Global will be 3/3/06, and her first day as a Mr. ;Sandman employec will be 3/6/2006. The total fee of 51095 will be divided over a 3 month period. The first payment of $365 will be billed in March, the Zed payment of 5365 will be billed in April and the last payment of 5365 will be billed in May. You will receive the first invoice within the next w=k. Our terms are net due upon receipt- I, Jackie Magaro, understand and agree to the above set terms and conditions. X Signature x A;,7r1 r/yru-lame Printed X / Y Date X JFC Representative eXaIF( a Received Jan-16-2009 15:89 From- To-ROBERT G RADEBACH Page 006 2008-01-1615!26 - - 7178962754 P 7/8 • Lisa P. Acrri, CPA 3 South Union Street Middletown, PA 17057 November 19, 2007 Internal Revenue Service Cincinnati, Ohio 45999-0039 Re: Mr. Sandman, Inc. PIN: 25-1995969 Tax Form: 941 Tax Period: 2"d; 3rd and 4`' Quarters 2006; 151, 2"d and 3' Quarter 2007 To Whom It May Concern: The above taxpayer is requesting penalty adjustments for tax form 941 for the 2"d, 3`d and 4`h Quarter of 2006 and the 1'. 2"" and 3'a Quarter of 2007 due to the following: The taxpayer hired a new bookkeeper in March, 2006 through an employment agency. This bookkeeper o take over assured the taxpayer she could handle all aspects of her work, guns ay this bootkkecpcr kncwlonly the an proceeded accounting duties. Unfortunately, through my corrections most simple bookkeeping tasks such as check writing an and knderstanding of Quiekbooks accounting software, reconciled set of corporation books. Dior did she have y u the software used the by taxpayer. This bookkeeper is also alleged to have embezzled from the taxpayer. a report they are currently preparing for local authorities. The bookkeeper's incompetence included the filing of tax form 941 and tax deposits for the following tax quarters: 21d, 3`d and 4`h Quarter, 2006 and 1s` Quarter 2007. All of these quarterly returns were wrong or incomplete per IRS correspondence. This correspondence was hidden from the taxpayer and was not discovered until after the bookkeeper was fired in March, 2007. was 1 was hired in August, 2007 to help the taxpayer sort through and correct their books. I and tliat the discovered that the payroll portion of their accounting software had been repeatedly tampered 2006 payroll had to be "°rebuilt" via bank statements and the various l problems w th the abovestataken until x periods. today to complete this work and now be able to address 1 would like to go over the specifics of each quarter listed above to discuss the problem and hopeful reconciliation. 941 2"d ou e 2 - A payment of $3477.47 dated April 21. 2006 intended for this quarter was app200dGto the tax form 1120, tax period 2004 by the IRS. Correspondence from the taxpayer began in September, requesting information on where this payment had been applied. An answer from the IRS didn't come until July, 2007. However, penalty and interest accrued throughout this time period. We respectfully request (F?Xfftl? IT C -- elf ( Received Jan-16-2008 15:89 From- To-ROBERT G RADEBACH Page 007 2008-01-1615:27 :.- 7178962754 P 8/8 removal of these penalties and interest due to the fact that the taxpayer had believed they paid all 941 quarterly deposits an& %Vere waiting for IRS correspondence to explain otherwise. Regarding the unpaid 2"d quarter 941 balance, the taxpayer believes an 1120X will need to be filed for tax year 2004 and is reluctant to pay in additional money given their financial hardship and mistrust due to the alleged cmbczrlemcnt. I am correcting the 2006 books and cannot give an opinion yet as to whether form 1120X will be filed for tax year 2004. I ask for IRS recommendation on this matter. 941 3rd quarter 20D_6 - The IRS has accessed penalty and interest due to the lack of filing Schedule B for this time period. 941 Schedule B for this tax period was mailed to the IRS on November 19, 2007. Due to the above explained bookkeeper incompetence and tampering, this report could not be accurately prcpured before today. We respectfully request removal of penalty and interest for these reasons. 941 44 quarter 29Qk - This report was mailed to the IRS on November 19, 2007. Due to the above explained bookkeeper incompetence and tampering, this report could not be accurately prepared before today. We respectfully request no penalty or interest be assessed for this reason. 941 1" uarter 2007 -- The IRS has accessed penalty and interest due to the lack of filing Schedule B for this time period. This report was mailed to the IRS on November 19, 2007. Due to the above explained bookkeeper incompetence and tampering, this report could not be accurately prepared before today. We respectfully request removal of penalty and interest for these reasons. 9412 nd u 7 - The taxpayer began preparing their own payroll and made payroll deposits beginning in March 2007. At that time the taxpayer believed they were a monthly depositor with the IRS, as they once had been. The taxpayer has since learned about the look-back period and realizes they were a semi-monthly depositor. The taxpayer has attempted to come into compliance with deposits but suffers from financial hardship due to the alleged embezzlement and its costs. The taxpayer will again be a monthly depositor in 2008 and promises to be in compliance by then. We respectfully request removal of penalties and interest for this time period for these reasons. 41 T!aAadgy 2007 - The taxpayer began preparing their own payroll and made payroll deposits beginning in March 2007. At that time the taxpayer believed they were a monthly depositor with the IRS. as they once had been. The taxpayer has since learned about the look back period and realizes they were a semi-monthly depositor. The taxpayer has attempted to come into compliance with deposits but suffers from financial hardship due to the alleged embezzlement and its costs. The taxpayer will again be a monthly depositor in 2008 and promises to be in compliance by then. We respectfully request removal of penalties and interest for this time period for these reasons. Enclosed is a current Form 2848 for the above tax periods. If I can answer any questions as you resolve; these matters, please call the at the number above. 1 look forward to hearing from you and resolving these matters so that this family-run small business can come into compliance and continue their livelihood. Sincerely, Lisa P. Acri, CPA F -6 - Xg(? T P? Received Jan-16-2008 15:39 From- To-ROBERT G RADEBACH Page 008 REAGER & ADLER, P.C. 1 > By: Theodore A. Adler, Esquir _t4 p 2'B Attorney I.D. No. 16267 lz? By: Thomas O. Williams, EsggRLKD Attorney I.D. No. 67987 pEtdNs By: Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Defendant JFC Staffing Inc : IN THE COURT OF COMMON PLEAS Mr. Sandman, Inc. and Jacquelina's, CUMBERLAND COUNTY, PENNSYLVANIA Inc. Plaintiffs CIVIL ACTION - LAW V. NO. 10-4339 Civil Term Mary Jean Miller, JFC Staffing, Inc. and Betty & Ric's Accounting Service Defendants DEFENDANT, JFC STAFFING, INC.'S PRELIMINARY OBJECTIONS TO THE AMENDED COMPLAINT AND NOW, comes Defendant's JFC Staffing, Inc. (hereinafter "JFC"), by and through its attorneys Reager & Adler, P.C. and files these Preliminary Objections to the Amended Complaint and in support thereof avers the following: Preliminary Objection Pursuant to Pa.R.C.P. 1028 (4) (Demurrer) Plaintiffs filed the Amended Complaint in this action on or about January 21, 2011. 2. The Amended Complaint contains three Counts. Only Count II, entitled "Mr. Sandman, Inc. v. JFC Staffing, Inc." applies to JFC. 3. Count II of Plaintiffs Amended Complaint does not state whether the claim is for breach of contract, negligence or some other purported cause of action. Rather, Count II claims that JFC is liable to the Plaintiff because Plaintiff purchased the temporary employment contract of Defendant Mary Jean Miller (hereinafter "Miller") from JFC and, after doing so, Plainitff discovered that Defendant Miller was not competent as a bookkeeper and controller; and that she was dishonest, stole petty cash and misappropriated property of Plaintiff Sandman. 4. The Amended Complaint does not allege that JFC guaranteed the performance of Defendant Miller. 5. The Amended Complaint does not allege that JFC knew or had reason to know that Defendant Miller was incompetent, dishonest, or a thief., 6. The Amended Complaint does not allege that JFC knew or had reason to know that Defendant Miller would later steal from Plaintiff after Plaintiff Sandman hired Defendant Miller as a permanent full-time employee. 7. The Amended Complaint is devoid of any allegation that Defendant JFC breached a contract between Defendant JFC and Plaintiff Sandman. The Amended Complaint is devoid of any allegation that any action or inaction on the part of Defendant JFC constituted negligence. 9. The Amended Complaint is devoid of any allegation that any action or inaction on the part of Defendant JFC violated any statute. 10. Paragraph 14 of the Amended Complaint admits that the alleged incompetence and acts of dishonesty of Defendant Miller began after Plaintiff Sandman purchased Defendant Miller's employment contract from Defendant JFC, and did not occur while Defendant Miller was working as a temporary employee through Defendant JFC. (See also the allegations set forth 2 in the letter Exhibit attached to the Amended Complaint at Exhibit "C" which occurred in March of 2006 after Plaintiff Sandman purchased Defendant Miller's employment contract from Defendant JFC.) 11. Plaintiff Sandman has admitted that there was no indication that there were any problems in the work performance of Defendant Miller as of March 2006, the time at which Defendant Miller became a full-time employee of Plaintiff Sandman (See Paragraph 15 of the Amended Complaint). 12. Pa.R.C.P. 1028(4) authorizes the assertion of a preliminary objection in the nature of a demurrer for the legal insufficiency of a pleading. 13. Because Plaintiff's Amended Complaint fails to state a claim or cause of action under Pennsylvania law against Defendant JFC, Defendant JFC's demurrer should be granted and the Plaintiffs' Amended Complaint should be dismissed as to Defendant JFC with prejudice. WHEREFORE, Defendant JFC Staffing, Inc. respectfully requests this Honorable Court to grant its preliminary objections in the nature of a demurrer and to dismiss the Amended Complaint as against Defendant JFC Staffing, Inc., with prejudice. In the Alternative Preliminary Objection Pursuant to Pa.R.C.P. 1028 (3) 13. Plaintiff incorporates herein the averments of Paragraphs 1-13 above as if set forth fully herein. 14. The Amended Complaint is devoid of any claim or count identifying whether the claim against Defendant JFC constitutes a breach of contract or negligence. 15. The Amended Complaint is devoid of any allegation that Defendant JFC breached any alleged contract or that Defendant JFC was negligent in any way. 3 16. Pursuant to Pa.R.C.P. 1028(3), a Defendant may file Preliminary Objections on the grounds that there is an insufficient specificity in a pleading. 17. Based on the allegations in the Amended Complaint, such as they are, it is not possible for Defendant JFC to determine whether it is being sued for a breach of contract or negligence, neither, or both. Therefore, Defendant JFC cannot properly defend this Amended Complaint as pleaded. WHEREFORE, Defendant JFC Staffing, Inc. respectfully requests this Honorable Court to grant its Preliminary Objection and to enter an Order directing the Plaintiffs to amend their Amended Complaint. Date: February 7i, 2011 Respectfully submitted, REAGER & ADL ' C. Theodofe A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Counsel to Defendant, JFC Staffing, Inc. 4 CERTIFICATE OF SERVICE AND NOW this P day of February, 2011, I hereby certify that I caused a true and correct copy of the foregoing Defendant, JFC Staffing, Inc. 's Preliminary Objections to the Amended Complaint to be served upon the following counsel of record, via First Class U.S. Mail, addressed as follows: Jill M. Laskowitz, Esq. James H. Thomas, Esq Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 Counsel to Defendant, Betty & Ric's Accounting Service Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 Counsel to Plaintiffs Mary Jean Miller 659 N. US Route 15 Dillsburg, PA 17019 Defendant CQA J ica Shull Paralegal, Reager & Adler, P.C. 5 JML:crh 582726.1 ( 29094.001 ) 2/9/11 BLAKINGER, BYLER & THOMAS, P.C. By: James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service 2011 f E8 ? 0 A?1 9: 4? CUt?BERI.?,LVAN AMY p?NNS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MR. SANDMAN, INC. and JACQUELINA' S INC. Plaintiffs V. MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE Defendants 10-4339-CIVIL PRELIMINARY OBJECTIONS OF DEFENDANT BETTY & RIC'S ACCOUNTING SERVICE TO PLAINTIFFS' AMENDED COMPLAINT Defendant Betty & Ric's Accounting Service, by and through its undersigned counsel, hereby preliminarily objects to Plaintiffs' Amended Complaint pursuant to Pa. R. C. P. 1028 (a)(3) and (a)(4) and alleges the following in support thereof: I. PRELIMINARY OBJECTION RAISING A QUESTION OF INSUFFICIENT SPECIFICITY OF A PLEADING. Plaintiffs filed a Civil Action Complaint against Betty & Ric's Accounting Service ("Betty & Ric's") and others for their alleged role in promoting :Defendant Mary Jean Miller as a Bookkeeper/Controller for Plaintiffs' businesses. 2. Betty & Ric's filed Preliminary Objections to Plaintiffs' Complaint on August 19, 2010 on grounds of insufficient specificity of a pleading and a demurrer. JML.:crh 582726.1 ( 29094.001 ) 2/9/11 3. Plaintiffs advised all Defendants that they would file an Amended Complaint, which they did on January 21, 2011. 4. Pennsylvania Rule of Civil Procedure 1028(a)(3) provides that a Defendant may object to a pleading because of insufficient specificity. 5. Aside from paragraph 5 of the Amended Complaint, which identifies Betty & Ric's, the only other averments in the Amended Complaint regarding Betty & Ric's are that: Betty & Ric's provided accounting services to Plaintiffs with respect to preparation of federal, state and local tax reports relating to Plaintiffs' businesses (Amended Complaint, paragraph 8); At the "favorable and persuasive recommendation" of Betty & Ric's, Plaintiff Mr. Sandman, Inc. bought out the contract for Defendant Mary Jean Miller from JFC Staffing, Inc., paid a placement fee and hired Defendant Miller as a full-time employee (Amended Complaint, paragraph 14); As a result of false and inaccurate reports prepared by Defendant Miller, which were transmitted to Betty & Ric's, and which inaccuracies should have been apparent to Betty & Ric's, tax returns were generated resulting in overpayment of taxes to the IRS and the Pennsylvania Department of Revenue, which were subsequently recovered (Amended Complaint, paragraph 21); • Plaintiff suffered damages as a result of reliance upon the recommendation of Betty & Ric's in hiring Defendant Miller as Betty & Ric's advised Plaintiffs they could not afford not to hire Defendant Miller (Amended Complaint, paragraph 31); • Reports prepared by Defendant Miller and provided to Betty & Ric's were inaccurate and incomplete to such an extent that Betty & Ric's should have been alerted to inquire as to the accuracy of the reports, but failed to do so (Amended Complaint, paragraph 32); • Plaintiffs believe Betty & Ric's had reason to know about the defective performance by Defendant Miller and failed to notify Plaintiffs as to problems in the reports (Amended Complaint, paragraph 33); • As a result of the failure of Betty & Ric's to recognize the deficiencies in the inaccurate reports prepared by Defendant Miller, Plaintiffs incurred expenses to audit and correct improper tax returns, which would not have been necessary had Betty & Ric's acted in a good and workmanlike manner (Amended Complaint, paragraph 34); 2 JML:crh 582726.1 ( 29094.001 ) 2/9/11 6. The aforementioned paragraphs of the Amended Complaint do not plead specific material facts sufficient to allow Betty & Ric's Accounting Service to answer or prepare a defense and Plaintiffs should be required to file a more specific pleading. WHEREFORE, Defendant Betty & Ric's Accounting Service respectfully requests that Plaintiffs be directed to more specifically plead the averments against Betty & Ric's Accounting Service. II. DEMURRER TO PLAINTIFFS' COMPLAINT. 7. Defendant Betty & Ric's Accounting Service incorporates by reference paragraphs 1 through 6 above. 8. The averments of Plaintiffs' Amended Complaint against Betty & Ric's do not make out any cognizable claim under Pennsylvania law. WHEREFORE, Defendant Betty & Ric's Accounting Service respectfully requests that this Honorable Court grant its preliminary objection by way of demurrer and dismiss Plaintiffs' Amended Complaint as to Defendant Betty & Ric's Accounting Service. Date: BLAKINGER, BYLER & THOMAS, P.C. By: / . James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service 3 JML:crh 582726 1 ( 29094.001 ) 2/9/11 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Preliminary Objections of Defendant Betty & Ric's Accounting Service to Plaintiffs' Amended Complaint upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail Addressed as Follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiffs Mary Jean Miller 659 N. U.S. Route 15 Dillsburg, PA 17019 Theodore Adler, Esquire Thomas Williams, Esquire 2331 Market Street Camp Hill, PA 17011 Date: / BLAKINGER, BYLER & THOMAS, P.C. By: James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service 4 2(? PRAECIPE FOR LISTI G CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter, Argument Court.) CAPTION OF CASE (entire caption must be stated in full) MR. SANDMAN, INC. and JACQUELINA'S, INC. vs. MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE .C =o ?C= --i No. 10-4339 CIVIL CD tom? -? e:Mxt r r- cu -am ?:U= C) ! -iCD = -n -p C) F3 N C) ? Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): PRELIMINARY OBJECTIONS OF DEFENDANT BETTY & RIC'S ACCOUNTING SERVICE 2. Identify all counsel who will argue cases (a) for plaintiffs: Robert G. Radebach, Esq., 912 N. River Rd., Halifax, PA 17032 (Name and Address) (b) for defendants: James H. Thomas, Esq. and Jill M. Laskowitz, Esq., 28 Penn Sq., Lancaster, PA 17603 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 25, 2011 ig natu re Jill M. Laskowitz, Esq. Print your name Betty & Ric's Accounting Service Date: February 11, 2011 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. W JML:crh 564118.1 ( 29094.001 ) 2/11/11 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Praecipe Listing Case for Argument upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail Addressed as Follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiffs Mary Jean Miller 659 N. U.S. Route 15 Dillsburg, PA 17019 Theodore Adler, Esquire Thomas Williams, Esquire 2331 Market Street Camp Hill, PA 17011 BLAKINGER, BYLER & THOMAS, P.C. Date: A - 1 I - ! I By: D-Z& 2-et James H. Thomas, Esquire Attorney I.D. #19524 Jill M. Laskowitz, Esquire Attorney I.D. #208232 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendant Betty & Ric's Accounting Service 2 0AI p PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) r-? CAPTION OF CASE (entire caption must be stated in full) MR. SANDMAN, INC. and JACQUELINA'S, INC. vs. MARY JEAN MILLER, JFC STAFFING, INC. and BETTY & RIC'S ACCOUNTING SERVICE ----------------------------- ----------- .m m :Z;o co .mot ? c.n Cn ^ta =Q v -t rv No. 10-4339 CIVILerm 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendant JFC Staffing, Inc. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert G. Radebach, Esquire, 912 N. River Road, Halifax, PA 17032 (Name and Address) (b) for defendants: Thomas O. Williams, Esquire, 2331 Market Street, Camp Hill, PA 17011 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Print your name JFC Staffing, Inc. 4 Argument Court Date* Mach 95 9011 Date: February 14, 2011 Attorney for C :1--ri rt' F (= LD , CS'Y't Z C) r?• INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Thomas O. Williams, Esq. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Praecipe Listing Case for Argument was served via first class mail to the following: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiffs Mary Jean Miller 659 N. U.S. Route 15 Dillsburg, PA 17019 Defendant James H. Thomas, Esquire Jill M. Laskowitz, Esquire 28 Penn Square Lancaster, PA 17603 Attorneys for Defendant, Betty & Ric's Accounting Service Date: February 14, 2011 Cwt 7 sica S iaralegal, hull Reager & Adler, P.C. 01. MR. SANDMAN, INC. AND IN THE COURT OF COMMON PLEAS OF JACQUELINA'S, INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. MARY JEAN MILLER, JFC STAFFING, INC. AND BETTY & RIC'S ACCOUNTING SERVICE, DEFENDANTS 10-4339 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS, JFC STAFFING, INC. AND BETTY & RIC'S ACCOUNTING SERVICE TO "I = ., ? ? = PLAINTIFFS' AMENDED COMPLAINT ,? ? mar te cD BEFORE HESS, P.J. AND MASLAND, J. r - o a ?F3 ORDER OF COURT .`-Dr', --? C n AND NOW, this _Iir day of April, 2011, upon consideration of the `' C:) -? preliminary objections filed by Defendants JFC Staffing, Inc. and Betty & Ric's Accounting Service, the Plaintiffs' response thereto and briefing by the parties, the objections are overruled in part and sustained in part. Specifically, the objections by way of demurrers are OVERRULED and the objections to the complaint's insufficient specificity are SUSTAINED. The Plaintiffs shall file an adequate second amended complaint within twenty (20) days. By the Court, Jill M. Loskowiiz,Fs? Man. Jean Willer hmdore A . Ad ter. F*t '*"?Ober 20detxx6, Ft? Albert H. Masla d, J. r NPIO- 1'1( I o(A . . >4 Robert G. Radebach, Esquire For Plaintiffs Theodore A. Adler, Esquire For Defendant, JFC Staffing, Inc. Jill M. Laskowitz, Esquire For Defendant, Betty & Ric's Accounting Service Mary Jean Miller 659 N.US Route 15 Dillsburg, PA 17019 :saa