Loading...
HomeMy WebLinkAbout13-4431 1COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of (Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 3, V�sl a li l— NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT I MAG. DIST. NO. NAME OF MDJ MADD A UT HE NTI C CARI BBEANCC U I SI NE 09 -1 -02 Elizabeth S. Beckley ADDRESS OF APPELLANT CITY STATE ZIP CODE 829 State Street, Suite 2008, Lemoyne, PA 17043 DATE OF JUDGMENT arn n an 7/18/2013 I Schim Enterprises, LLC �S Maddy's Authentic Caribbean Cuisine DOCKET No. SIGNATURE O APPELLANT OR ATTORNE OR AGENT MJ- 09102 -CV- 0000106 -2013 This block will be signed ONLY when this notation is required under Pa. If a pella t as C1, mant (see R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a agisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon SCHIM ENTERPRISES, LLC appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. / ) within twenty (20) days after rvice of rule or suffer entry of judgment of non pros. Signature o ppellant or attorney or agent RULE: To SCHIM ENTERPRISES, LLC appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing l . Date: "20 4 CIA \! Signature of Prothonotary or Deputy 02 — 01 1 YOU MUST INCLUDE A COPY OF THE NOT16'1� ' 0 1 A GMENTIT RAit NSCRIPT FORM . O WITH THIS NOTICE OF APPEAL. AOPC 312 -05 � k.t�lp8�yb � �9 3CoS .COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -1 -02 Schim Enterprises LLC MDJ Name: Honorable Elizabeth S. Beckley V Address: 1901 State Street Maddy's Authentic Caribbean Cuisine Camp Hill, PA 17011 Telephone: 717- 761 -0583 Kathryn Lease Simpson, Esq. Docket No: MJ- 09102 -CV- 0000106 -2013 Mette Evans & Woodside Case Filed: 6/14/2013 3401 N Front St PO Box 5950 Harrisburg, PA 17110 -0950 Disposition Summary Docket No Plainti Defendant Disposition Disposition Date MJ- 09102 -CV- 0000106 -2013 - Schim Enterprises LLC Maddy's Authentic Caribbean Default Judgment for Plaintiff 07/18/2013 Cuisine Judgment Summary Participant Joint/Several Liability Individual Liability Amount - Schim Enterprises LLC $0.00 $0.00 $0.00 Maddy's Authentic Caribbean Cuisine $0.00 $3,750.07 $3,750.07 Judgment Detail ( * Post Judgment) In the matter of - Schim Enterprises LLC vs. Maddy's Authentic Caribbean Cuisine on 7/18/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,621.81 $3,621.81 Filing Fees $0.00 $128.26 $128.26 Grand Total: $3,750.07 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. J UL 18 2013 Date Elizabeth S. Beckley certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 07/18/2013 2:43:28PM CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first -class postage, prepaid, via Certified Mail, Return Receipt Requested as follows: Schim Enterprises, LLC d/b /a Workplace Wizards 505 Water Street New Cumberland, PA 17070 Honorable Elizabeth S. Beckley 1901 State Street Camp Hill, PA 17011 METTE, EVANS & WOODSIDE By: Kathryn L. i pson, tsquire Sup. Ct. I.D N . 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 - Phone (717) 236 -1816 - Fax Attorney for Appellant, Maddy's Authentic Caribbean Cuisine Date: July 22, 2012 Supreme Co. u o ; e.nnsylvania COUr of Commo V leas For Prothonotary Use Only: C>t it Co 'r' 'et r3^ 3 Docket No: Gt.YVI b' VUI County AIR The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required h}= law or rules of court. Commencement of Action: S [I Complaint � Writ of Summons Petition 0 Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: S c h i nl E h-kr Y15LS [��C Lead Defendant's Name: n �'L �n'b � `7 C P Mcddy's kfA- Cttils,+ T Dollar Amount Requested: Bwithin arbitration limits I Are money damages requested? [9 Yes 0 No (check one) Eloutside arbitration limits O N Is this a Class Action Suit? F1 Yes E9 No Is this an MDJAppeal? JZ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Check here if you have no attorney (are a Self- Represeuted [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS In Intentional 0 Buyer Plaintiff Administrative Agencies F1 Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment F1 Motor Vehicle] Debt Collection: Other E] Board of Elections E] Nuisance Q Dept. of Transportation n Premises Liability F-1 Statutory Appeal: Other S F1 Product Liability (does not include Employment Dispute: E, mass tort) Discrimination 0 Slander/Libel/ Defamation 0 Employment Dispute: Other Zoning Board C El Other: rl Other: .T I g O ther: O MASS TORT &- a Co In Asbestos Cli f k N n Tobacco in Toxic Tort - DES n Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS F1 Toxic Waste 0 Ejectment F1 Common Law /Statutory Arbitration Other: 0 Eminent Domain /Condemnation [] Declaratory Judgment B [7 Ground Rent El Mandamus Q Landlord/Tenant Dispute 0 Non - Domestic Relations E] Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental Partition Replevin F1 Legal Q Quiet Title 0 Other: ' Other: F1 Medical E] Other Professional: Updated 1/1/2011 COMMONWEALTH OF PENNSYLVANIA RESPONSE TO THE APPEAL OF COUNTY OF COMMON PLEAS MAGISTERIAL DISTRICT JUDGE JUDGMENT Judicial District, County Of Cumberland Schim Enterprises LLC, DBA Workplace Wizards, V Maudeline's Authentic Caribbean Cuisine Compiled and composed by the only members of Schim Enterprises LLC, DBA: Workplace Wizards: Jeffrey D Schim, Chief Information Officer, of Workplace Wizards 3- Llg3t C cul L Donna L Schim, Chief Executive Officer, Owner of Workplace Wizards T.c(M We are requesting payment in full of $3750.07 from Maudeline Balan of Maudeline's Authentic Caribbean Cuisine, as ruled by Elizabeth S. Beckley, Magisterial District Judge. (Docket No: MJ- 09102 -CV -0000106 -2013) All the documentation located in the files for the court, Maudeline Balan and Workplace Wizards is pertinent and true information directly related to the reasons as to why Workplace Wizards departed from Maudeline's Authentic Caribbean Cuisine on 06/03/2013 and the facts related to the fulfillment of the contract between Maudeline's Authentic Caribbean Cuisine and the Workplace Wizards, Schim Enterprises LLC. Jeffrey Schim and Donna Schim are "clients" who were mentored by SCORE. Mr. Andy Green, met with Jeffrey Schim and Donna Schim in early 2012 to mentor them in establishing a restaurant consulting business. This business was established as the Workplace Wizards, Schim Enterprises LLC, in 2012. Because the Workplace Wizards founders were mentored by SCORE, Mr. Green was aware of their restaurant consulting business and knowledge of restaurant start-ups. Maudeline Balan approached SCORE for assistance, and Andy Green remembered mentoring Workplace Wizards founders Jeffrey Schim and Donna Schim. He contacted Workplace Wizards and asked if they would be willing to answer some of her questions about restaurant start-up. At that point, Andy said he did not have any SCORE members who could accurately answer her questions about restaurants. He only asked Workplace Wizards to answer questions about restaurants. Mr. Green did not ask Workplace Wizards to volunteer services. Maudeline Balan called Jeffrey Schim in March 2013, seeking answers in restaurant start up. Workplace Wizards gave Mrs. Balan a free one -hour phone consultation. During that conversation, Maudeline appeared to be very stressed and upset to the point she was crying because she needed help in all aspects of her restaurant. Jeffrey Schim advised her to call Andy Green to schedule a Financial consultation with SCORE to determine if opening this restaurant was realistic at that time. Again, Maudeline Balan contacted Workplace Wizards in late March 2013 asking for help in starting her restaurant. Workplace Wizards representative, Jeffrey Schim, asked her if she went to the appointment set by SCORE for Financial consultation, and Maudeline Balan said that SCORE never showed up at the meeting. Jeffrey Schim spoke to Andy Green, who informed Jeffrey that it was Maudeline Balan who failed to show up for that free consultation offered by SCORE members. After initial contact from the SCORE referral, Jeffrey stated to Maudeline Balan that he could only provide what she needed through a paid business contract. She persisted in contacting Workplace Wizards and she begged Jeffrey Schim to allow his business to contract with her. She stated, "I want you and your business to help me." At this point it was clear that the services were not to be provided on a volunteer basis. Ms. Balan had assured Workplace Wizards that she had sufficient finances to start the restaurant. Workplace Wizards was not aware that, in fact, Maudeline Balan was in extreme financial debt at that point. Ms. Balan stated that she had already signed a five year lease on a site. Later, Workplace Wizards, realized that the site is not a prime location for her style of restaurant. In early April Workplace Wizards, Jeffrey Schim and Donna L Schim, met with Maudeline Balan and the Property Manager, James Alexander, at the location of the site where she had signed the five year lease for her proposed new restaurant. At that point she planned to open in late April and was assured that the restaurant would be renovated by the Property Manager and his work crew. 0 2013 Workplace Wizards, Schim Enterprises LLC 1 COMMONWEALTH OF PENNSYLVANIA RESPONSE TO THE APPEAL OF COUNTY OF COMMON PLEAS MAGISTERIAL DISTRICT JUDGE JUDGMENT Judicial District, County Of Cumberland Schim Enterprises LLC, DBA Workplace Wizards, V Maudeline's Authentic Caribbean Cuisine Compiled and composed by the only members of Schim Enterprises LLC, DBA: Workplace Wizards: Jeffrey D Schim, Chief Information Officer, of Workplace Wizards Donna L Schim, Chief Executive Officer, Owner of Workplace Wizards Workplace Wizards met with Maudeline Balan and reviewed the terms of the contract before having her sign the contract in the presence of a Notary. The Payment Schedule attached to the contract was also discussed and she fully understood the Payment Schedule. At that point, Maudeline was anticipating opening the restaurant at the end of April. Workplace Wizards was generous in allowing her to pay on a weekly basis until the discounted rate of $2400.00 was fully paid. Workplace Wizards allowed her to defer her first payment until 05/13/2013. She agreed to the weekly Payment Schedule and she stated, "God sent you to me." At that point Maudeline stated she was very happy with the terms of the contract and the discount Workplace Wizards was giving her for the services. She agreed to meet with Workplace Wizards to sign the contract and get the signatures notarized. Maudeline Balan met with Jeffrey Schim and Donna Schim, as representatives of Workplace Wizards, at the Member's First Federal Credit Union in Camp Hill where Donna Schim signed the contract and her signature was notarized. Maudeline was not a member of the Member's First Credit Union and the notary stated she was not able to notarize Maudeline's signature. Maudeline suggested that we go to the Wells Fargo Bank where she was a member to get her signature notarized. Maudeline lead the way to the Wells Fargo Bank in Camp Hill. However, there was not a notary present at the Wells Fargo back on 04/05/2013. The bank staff stated that there would be a notary in at a later date. Workplace Wizards met with Maudeline Balan at the Wells Fargo Bank in Camp Hill on 04/09/2013, where a notary was present to verify and notarize Maudeline Balan's signature. All this was done willingly by both Maudeline Balan and the Workplace Wizards. Workplace Wizards specializes in restaurant start -up and restaurant consulting. Workplace Wizards worked diligently from the beginning of April to the beginning of June to help Maudeline move the restaurant towards success. As stated in the contract, together with Maudeline Balan, Workplace Wizards set up operational policies, procedures and rules for employee conduct. She agreed to the everything that Workplace Wizards provided. Toward the end of April, employees had been hired and a new hire Orientation was scheduled for the week before the Grand Opening. The goal was to have the employees trained at the restaurant and Maudeline was supposed to meet us at 8:30 am at the new restaurant to open the doors. We contacted Maudeline Balan the night before the training to verify she would be there to open the doors and she said she was in New York and wouldn't make it. We had to do some last minute changes to the location and held the morning new hire orientation at another restaurant. We contacted all the employees to inform them of the change in location. Some of the staff that were hired did not show up, possibly because of the last minute change. This change would not have happened if Maudeline had followed through with her commitment. Due to construction delays the restaurant was not ready to open in April, but the Property Manager assured us that it would be ready by the end of May. Workplace Wizards assisted in hiring employees, and training the owner and the employees on the basic restaurant operations and implementation. We provided Ms. Balan with consistent information and guidance. It was difficult to work with her as she was late for nearly every appointment we set up. She was not willing to engage with the hired staff, and did not show up for the staff training. Workplace Wizards spoke with Maudeline about her role in the restaurant. She insisted on being in the kitchen cooking, and we advised against it and advised her to teach the chef and cooks the recipes, so that she could manage the restaurant in all areas and wasn't locked into the kitchen. We also advised that if she insisted on being in the kitchen she should hire key holders who would serve as part - time managers for the time she was in the kitchen. She agreed to this verbally, but it appears she didn't intend to follow through. 0 2013 Workplace Wizards, Schim Enterprises LLC 2 COMMONWEALTH OF PENNSYLVANIA RESPONSE TO THE APPEAL OF COUNTY OF COMMON PLEAS MAGISTERIAL DISTRICT JUDGE JUDGMENT Judicial District, County Of Cumberland Schim Enterprises LLC, DBA Workplace Wizards, V Maudeline's Authentic Caribbean Cuisine Compiled and composed by the only members of Schim Enterprises LLC, DBA: Workplace Wizards: Jeffrey D Schim, Chief Information Officer, of Workplace Wizards Donna L Schim, Chief Executive Officer, Owner of Workplace Wizards Before opening the restaurant there were many aspects that needed her direct involvement for her restaurant to succeed. This was discussed with her and she agreed to be present on several occasions and instead went "out of town" and the Workplace Wizards staff needed to "pick up the slack" in order for the restaurant to have a successful open. She did not appear to place much time into the actual start -up of her own restaurant. Our services were to end at the opening of the restaurant and we agreed to consult for the opening week for her start up. Most of the time Workplace Wizards received phone calls from employees saying that Maudeline never showed up to open the restaurant — this applies to before and after the restaurant opened. The next paragraphs state what happened. Maudeline agreed to arrive to open the doors at 10:00 am each day, during the week prior to the restaurant's opening, but left staff and Workplace Wizards waiting for an hour to one and a half hours until she arrived to open the doors. On Monday, May 20, 2013, Maudeline Balan and cook, Kevin Clark, traveled to Philadelphia to purchase food for the restaurant. Upon arriving in Philadelphia, the vendor was closed at that time. At that time, Maudeline Balan went to Atlantic City and gambled at the casinos. On Tuesday, May 21, 2013, Maudeline Balan said she would purchase food for the restaurant. This was to be able to begin preparations for the opening of the restaurant. On Wednesday, May 22, 2013, Maudeline Balan approached Jeffrey Schim, of the Workplace Wizards, and asked to borrow $1000.00 to purchase food. Jeffrey asked about the $8000.00 cash she had received from Keystruck Construction and she claimed she had not received it. Jeffrey contacted James Alexander from Keystruck Construction to ask about the $8000.00 and her claim to have not received the money. James reassured Jeffrey that he had given the $8000.00 to Maudeline Balan for the purpose of food purchases and to cover start up labor costs. Maudeline claimed that James was not telling the truth and she had not received the money. At this point, Workplace Wizards was unaware of the trip to Atlantic City. Maudeline said she could not open if she did not have money to purchase food. Workplace Wizards agreed to loan her $1000.00 because without these funds she would not be able to open the restaurant. Maudeline Balan agreed to pay the money back to Workplace Wizards on or before Wednesday, May 29, 2013. Sales were very slow on Memorial Day weekend. She asked for extension of the loan repayment until she had collected sufficient funds in sales. The $1000.00 has not been repaid. On Thursday, May 24, 2013. A food sampling and meeting was previously arranged between Maudeline Balan and her associates to have a ribbon cutting ceremony with the local officials and invited guests. Maudeline said she had family and friends who would be there to help prepare the restaurant for the event. Only one of Maudeline's promised persons showed up. With the assistance of the Workplace Wizards, and four employees, Maudeline was able to prepare food for the ribbon cutting ceremony. She almost cancelled the event, but Workplace Wizards were there to perform the work that she didn't have people to do. This included Jeffrey and Donna doing dishes, cleaning up and providing additional service to the people in attendance. 0 2013 Workplace Wizards, Schim Enterprises LLC 3 COMMONWEALTH OF PENNSYLVANIA RESPONSE TO THE APPEAL OF COUNTY OF COMMON PLEAS MAGISTERIAL DISTRICT JUDGE JUDGMENT Judicial District, County Of Cumberland Schim Enterprises LLC, DBA Workplace Wizards, V Maudeline's Authentic Caribbean Cuisine Compiled and composed by the only members of Schim Enterprises LLC, DBA: Workplace Wizards: Jeffrey D Schim, Chief Information Officer, of Workplace Wizards Donna L Schim, Chief Executive Officer, Owner of Workplace Wizards Maudeline Balan said she was willing to teach the chef and cooks her Caribbean recipes, but when arrangements were made when the cooks and chef were present to train them, she did not show up. During the week before her restaurant opened, she never took the time to teach them. On Friday, May 25, 2013, Maudeline had the final day before opening to teach the cooks the recipes and agreed to have food available for the servers to sample all menu items. She said this was a good idea and that she would be there to cook all the menu items, so the cooks would know the basics and the service staff would be familiar with the menu items. She never taught the kitchen staff as agreed upon and never cooked the menu items for the service staff. She never showed up to do this. When we called her, she said she was out of town. This event was scheduled well in advance and she knew about it. Since she didn't show, Jeffrey had a basic training review of food safety, timing and temperature with the cooks that day. Jeffrey had a final night of training with the servers, and purchased pizza for the servers because the servers were expecting to be able to sample foods and had not eaten dinner. Maudeline had no explanation as to why she did not show up for this or at other times. The newly hired employees said they were disappointed with this, but Workplace Wizards continued to support her in opening the restaurant. Workplace Wizards and Maudeline Balan verbally agreed in reference that Jeffrey would stay on as manager for up to one month. The purpose of staying beyond the scope of the contract was so Workplace Wizards could further train the owner and any managers she chose to hire on the administration aspects of the restaurant and to make sure the restaurant was consistent with policies, procedures and food code laws. Maudeline also verbally agreed she would pay additional money for those services. This would also allow Maudeline time to train her cooks on the recipes. However, she did not take time to train the cooks, even though they were willing to learn and tried to learn by watching her. Maudeline was advised to arrive at the restaurant between 8:00 am and 10:00 am to begin preparing food for the day. The earliest she arrived was at 10:30 am or 11:00 am. The restaurant was supposed to open at 11:00 am, but without food being prepared, the doors could not be opened, and she lost customers. During the week prior to opening and the two weeks after opening, Maudeline Balan — was advised on numerous occasions about the need for completion of the "Employment Eligibility Verification" form for all persons employed at the restaurant, including Ketely Muraccin. In addition, Ketely had not completed the W4 form. These forms were available in the office, and had been completed by all other employees. Maudeline Balan hired this person against the advice of the Workplace Wizards because she had not gone through any training. Ketely Muraccin was offered training, but did not complete the training. This employee was not proficient in English and therefore communication between the Workplace Wizards Staff, and other employees was limited and the only way to complete the training was through Maudeline Balan translating, but Maudeline rarely took the time to do this. Ketely Muraccin was not experienced or trained in food safety, and staff of the Workplace Wizards verbally expressed to Maudeline that she must explain the food safety practices to Ketely. This included, but was not limited to the proper use of gloves, proper hand washing, cross contamination of food surfaces, to not use the dishwashing sinks for food drippings or preparation, and other basic sanitation practices. If Maudeline communicated this information to Ketely, it was not put it into practice and Ketely continued with the unsafe food code violations. 0 2013 Workplace Wizards, Schim Enterprises LLC 4 COMMONWEALTH OF PENNSYLVANIA RESPONSE TO THE APPEAL OF COUNTY OF COMMON PLEAS • MAGISTERIAL DISTRICT JUDGE JUDGMENT Judicial District, County Of�Cumberland ' Schim Enterprises LLC, DBA Workplace Wizards, V Maudeline's Authentic Caribbean Cuisine { Compiled and composed by the only members of Schim Enterprises LLC, DBA: Workplace Wizards: Jeffrey D Schim, Chief Information Officer, of Workplace•Wizards Donna L Schim, Chief Executive Officer, Owner of Workplace Wizards Workplace Wizards advised Maudeline of the proper storage of refrigerated foods. It was found that raw chicken was left sitting on a middle shelf in the refrigerator, without being in a container and the drippings of raw chicken blood went onto fresh and previously frozen vegetables. The owners were told to throw out all the food that had been placed below the chicken and was therefore contaminated. were advised to never place chicken or other raw meat above fresh vegetables or fruit and they should not even be in the same refrigerator as the vegetables. However, the practice of randomly placing raw meat in the same refrigerator on top of vegetables and fruits persisted, even with'constant reminders that it was not safe and being told to throw out contaminated food. On a daily basis Workplace Wizards, and David Evans, employed Chef, informed the owner of foods that were improperly stored or stayed in the Temperature Danger Zone. This is a safety practice that all restaurants must follow to make sure the food they serve hasn't spoiled due to sitting at the wrong temperatures. Prepared food that required refrigeration was often left out overnight at unsafe temperatures. The prep person, Ketely Muraccin, was observed by staff members of cutting raw meat, raw fish and vegetables all on the same cutting board without cleaning or sanitizing the cutting board. This was pointed out to Maudeline, and she was told to communicate that this was not allowed by food code. Workplace Wizards staff members advised Maudeline Balan to communicate the proper ways to prep and store food and how to avoid cross contamination. Maudeline Balan has a Serve Safe Certificate and - should know these practices herself; however, on a daily basis she and her prep person were still violating basic food safety laws. In addition to this, there were boxes of fruits and vegetables sitting on the floor. The Workplace Wizards told Maudeline this was not safe and violated restaurant food.safety guidelines. Workplace Wizards assisted in placing the boxes on shelves, but when they returned to the business the following day, the boxes were again all over the prep room on the floor. Maudeline and the Prep person were constantly preparng multiple items at once. Jeffrey advised them to prepare one food at a time and then dating the container and store it properly before preparing the next item. This practice was never followed; in part because Maudeline never arrived at the restaurant early enough to prepare the food for the day and the kitchen practices were randomly followed. Jeffrey Schim explained to Maudeline Balan and the dish personnel on how to properly fill each sink with -in the 3- compartment sink and the proper way of washing and sanitizing dishes. Jeffrey often had to repeat himself about the 3- compartment sink. Workplace Wizards staff members and Maudeline's restaurant employees witnessed Maudeline Balan and Ketely Muraccin pour fish juice, meat drippings and washing and peeling fruits and vegetables in dish sink. These violations were done in the washing, rinsing and sanitation compartments of the dish sink on numerous occasions. Each time Workplace Wizards staff pointed out the violations and advised them to use the sink designated for this practice. Workplace Wizards explained these violations to Maudeline Balan, and that it is important to follow food safety practices. At one point, Maudeline laughed and said that in a small restaurant we would just have to "deal with it." On several occasions, minimum wage laws were explained to Maudeline regarding the payment of staff and servers. On days when the restaurant was not busy and servers did not earn adequate tips to match minimum wage laws, Workplace Wizards explained to Maudeline that the servers must be paid enough to match minimum wage. Maudeline'said she knew the laws and that the Workplace Wizards were incorrect and she could pay only $2.83 an hour regardless of tips earned. Her payment of sub - minimum wage is incorrect, by law. 0 2013 Workplace Wizards, Schim Enterprises LLC 5 6119!13 Q �) Gmail - (no subject) Donna Schim <rj oritplacet;rizards@gmail.Com> (no subject) aja mchale <ajam1133 @gmail.com> Tue, Jun 18, 2013 at 11:02 AM To: Jeffrey Schim <Workplacewizards @gmai1.com> I quit Maddy's she only paid me 150 and it was all cash...ashley and demon also quit. Can you print out my hours that you have for me and also copies of tax forms and application and proof of employment? https: /lmail.google.com/ mil /u /0/?ui= 2 &ilFd362e8cdd5&\Ae\ =pt& search= all&msg= 13f57cf4a464f629 11 6/14/13 Gmail - Supplies 1 want too see that Maddy is successful also. I am and will continue to go beyond the scope of the Lease agreement with Maddy. I do, however, have a difficult time in understanding how someone can go through $ 172,000 in less than 9 months. All discussions with Maddy were that work could not begin until Akita's moved from the center. Akita's did not leave until the first week of September. We did not sign the lease until after Akita' had left becuase the lease signing took place at the vacant Akita's space. Prior to the lease signing, I did offer Maddy the opportunity to take the space as -is for $ 8.00 per square foot and she complete the build out. During this wait, Maddy began to purchase and store equipment on site in one of the vacant spaces. On site you will find a used fryer, refrigerator, tables, chairs, cooking items, plates, cups, counters, etc.. I assume Maddy purchased these items to be used in the restaurant operation. I know these are not up to your standards, however, this is what the Tenant purchased. I understand that food items have expired and need to be replaced. I will do that. I would like to know why we cannot use the existing fryer? There is room for only one fryer to be positioned under the existing hood. I assume the used fryer purchased by Maddy works. Why not use? On to the used refrigerator. Why not use? I must assume it works if it was purchased. As for the guarantee, Maddy is getting an excellent facility for $ 12.00 per square foot rate. I have agreed to connect all plumbing and cooking equipment, which was the Tenant's responsiblility. I also have to clean and upgrade the hood system for an additional $ 3,000 above and beyond what we discussed last week. I provided Maddy with $ 4,000 cash last Friday to begin her shopping for the business. I will again provide a cash payment next week to purchase food items. If I seem a little picky in only purchasing 2 brooms vs. 4 brooms, I guess I am being frugal. If this were Maddy, she would be purchasing 2 brooms also. My goal is to see that Maddy has everything that she requires to get started with the business, not to supply her needs for the next several months. I will go through the order again tomorrow and purchase the remainder of the items required for her opening. I will make sure 1 get the items as requested. I do believe that we need to meet on site Friday @ 11 AM to go over equipment placement. I believe that Maddy has a different thought and if we do not go over this process now, we will encounter numerous problems next week. Just an FYI..... There has been $ 10,000 spent to date on Tenant with an additional $ 15,000 in expenses or free rent. https:// mail.google.com/ mail/ u/ Q/? ui= 2 &iIFd362e8cdd5&\iev&=pt &q =jim&q s= true &search =q uerAth= 13e84e8a8a3Mel 2 4I15I2013 - y Employee Active (A) Primary Hourly Second Hourly Hourly (H) or . ID Employee Last Name --. na Pair , Pay &afar � Inactive Positio Positic Salaried „j • Rai '� Rate 0001 Lysonn Pierre Louis A Manager $0.00 G 30 .00 0002 Maudeline Pierre Louis A Manager =0.00 C =0.00 0003 Vonnie Carpenter A Manager $10.00 Server $2.83 H NIA 0004 David Evans A $10.00 G $10.00 S $400.00 0005 Kevin Clark 1 Cook $9.50 GUSD $9.50 H NIA 0006 Anthony Knight A Cook $9.50 UbSD =9.50 H NIA 0007 Jordan Douglas ! Dish $8.00 Other $8.00 H NIA 0008 Brody Viit A Dish $9.00 Other _ $8.00 H NIA 0009 Ala McHale A Server $2.83 Greeter $7.75 H NIA 0010 Shawnette Krepps A Server $2.83 Greeter $7.50 H NIA a a 7fladd�.`b �r.�lt�c ICaltib�scss �s.�sa.� 829 State Street, Suite 2008 Lemoyne, PA 17043 717- 737 -7295 maddvscuisine @gmail.com April 20, 2013 Dear David Evans: We are happy to you employment as a Cook with Maddy's Authentic Caribbean Cuisine, starting on April 20, 2013. Your starting pay rate is: $10.00 per hour Your training schedule and starting work schedule will be reviewed with you. We look forward to working with you. Sincerely, Jeffrey Schim �. Workplace Wizards 04/20/2013 Workplace Wizards Statement Plaintiff; Workplace Wizards Defendant; Maddy's Authentic Caribbean Cuisine Maudeline agreed to arrive to open the doors at 10:00 am each day, during the week prior to the restaurant is opening but left staff and Workplace Wizards waiting for an hour to one and a half hours until she arrived to open the doors. On Monday, May 20, 2013, Maudeline Balan and cook, Kevin Clark, traveled to Philadelphia to purchase food for the restaurant. Upon arriving in Philadelphia, the vendor was closed at that time. At that time, Maudeline Balan went to Atlantic City and gambled at the casinos. On Tuesday, May 21, 2013, Maudeline Balan said she would purchase food for the restaurant. This was to be able to begin preparations for the opening of the restaurant. On Wednesday, May 22, 2013, Maudeline Balan approached Jeffrey Schim, of the Workplace Wizards, and asked to borrow $1000.00 to purchase food. Jeffrey asked about the $8000.00 cash she had received from Keystruck Construction and she claimed she had not received it. Jeffrey contacted James Alexander from Keystruck Construction to ask about the $8000.00 and her claim to have not received the money. James reassured Jeffrey that he had given the $8000.00 to Maudeline Balan for the purpose of food purchases and to cover start up labor costs. Maudeline claimed that James was not telling the truth and she had not received the money. At this point, Jeffrey Schim was unaware of the trip to Atlantic City. Maudeline said she could not open if she did not have money to purchase food. Jeffrey agreed to loan her $1000.00 because without these funds she would not be able to open the restaurant. Maudeline Balan agreed to pay the money back to Jeffrey Schim on or before Wednesday, May 29, 2013. Sales were very slow on Memorial Day weekend. She asked for extension of the loan repayment until she had collected sufficient funds in sales. As of June 10, 2013, the $1000.00 has not been repaid. On Thursday, May 24, 2013. This a food sampling and meeting was previously arranged between Maudeline Balan and her associates to have a ribbon cutting ceremony with the local officials and invited guests. With the assistance of the Workplace Wizards, and four employees, Maudeline was able to prepare food for the ribbon cutting ceremony. On Friday 05/25/2013, Maudeline Balan had previously agreed to teach many of the recipes to the cooks and to have food available for the servers to sample all menu items. She never showed up to do this. Jeffrey had a basic training review of food safety, timing and temperature with the cooks that day. Jeffrey had a final night of training with the servers, and purchased pizza for the servers because the servers were expecting to be able to sample foods and had not eaten dinner. Maudeline had no explanation as to why she did not show up for this. 11Page Workplace Wizards and Maudeline Balan verbally agreed in reference that Jeffrey would stay on as manager for up to one month. The purpose of staying beyond the scope of the contract was so Workplace Wizards could further train the owner and any managers she chose to hire on the administration aspects of the restaurant and to make sure the restaurant was consistent with policies, procedures and food code laws. Maudeline also verbally agreed she would pay additional money for those services. This would also allow Maudeline time to train her cooks on the recipes. However, she did not take time to train the cooks, even though they were willing to learn and tried to follow what she said. Maudeline was advised to arrive at the restaurant between 8 am and 10 am to begin preparing food for the day. The earliest she arrived was at 10:30 or 11:00. The restaurant was supposed to open at 11, but without food being prepared, the doors could not be opened and she lost customers. During the week prior to opening and the two weeks after opening, Maudeline Balan - was advised on numerous occasions about the need for completion of the "Employment Eligibility Verification" form for all persons employed at the restaurant, including Ketely Muraccin. In addition, Ketely had not completed the W-4 form. These forms were available in the office. Maudeline Balan hired this person against the advice of the Workplace Wizards. Ketely Muraccin was offered training, but did not complete the training. This employee was not proficient in English and therefore communication between the Workplace Wizards Staff, and other employees was limited and the only way to complete the training was through Maudeline Balan translating, but Maudeline rarely took the time to do this. Ketely Muraccin was not experienced or trained in food safety and staff of the Workplace Wizards verbally expressed to Maudeline that she must explain the food safety practices to Ketely. This included, but was not limited to the proper use of gloves, proper hand washing, cross contamination of food surfaces, to not use the dishwashing sinks for food drippings or preparation, and other basic sanitation practices. If Maudeline communicated this information to Ketely, it was not put it into practice and she continued with the unsafe food code violations. Workplace Wizards advised Maudeline of the proper storage of refrigerated foods. It was found that raw chicken was left sitting on a middle shelf in the refrigerator, without being in a container and the drippings of raw chicken blood went onto fresh and previously frozen vegetables. The owners were told to throw out all the food that had been placed below the chicken and was therefore contaminated. The owners were advised to never place chicken or other raw meat above fresh vegetables or fruit and they should not even be in the same refrigerator as the vegetables. However, the practice of randomly placing raw meat in the same refrigerator on top of vegetables and fruits persisted, even with constant reminders that it was not safe and being told to throw out contaminated food. On a daily basis Workplace Wizards, and David Evans, employed Chef, informed the owner of foods that were improperly stored or stayed in the temperature danger Zone. Prepared food that required refrigeration was often left out overnight at unsafe temperatures. 21Page o� 3 The prep person, Ketely Muraccin, was observed by staff members of cutting raw meat, raw fish and vegetables all on the same cutting board without cleaning or sanitizing the cutting board. This was pointed out to Maudeline and she was told to communicate that this was not allowed by food code. Workplace Wizards staff members advised Maudeline Balan to communicate the proper ways to prep and store food and how to avoid cross contamination. Maudeline Balan has a Serve Safe Certificate and should know these practices herself; however, on a daily basis she and her prep person were still violating basic food safety laws. In addition to this, there were boxes of fruits and vegetables sitting on the floor. The Workplace Wizards told Maudeline this was not safe and violated restaurant food safety guidelines. Workplace Wizards assisted in placing the boxes on shelves, but when they returned to the business the following day, the boxes were again all over the prep room on the floor. Maudeline and the Prep person were constantly preparing multiple items at once. Jeffrey advised them to prepare one food at a time and then dating the container and store it properly before preparing the next item. This practice was never followed; in part because Maudeline never arrived at the restaurant early enough to prepare the food for the day and the kitchen practices were randomly followed. Jeffrey Schim explained to Maudeline Balan and the dish personnel on how to properly fill each sink with -in the 3- compartment sink and the proper way of washing and sanitizing dishes. Jeffrey often had to repeat himself about the 3- compartment sink. Workplace Wizards staff members and Maudeline's restaurant employees witnessed Maudeline Balan and Ketely Muraccin pour fish juice, meat drippings and washing and peeling fruits and vegetables in dish sink. These violations were done in the washing, rinsing and sanitation compartments of the dish sink on numerous occasions. Each time Workplace Wizards staff pointed out the violations and advised them to use the sink designated for this practice. Workplace Wizards explained these violations to Maudeline Balan, and that it is important to follow food safety practices. At one point, Maudeline laughed and said that in a small restaurant we would just have to "deal with it." On several occasions, minim wage laws were explained to Maudeline regarding the payment of staff and servers. On days when the restaurant was not busy and servers did not earn adequate tips to match minim wage laws, Workplace Wizards explained to Maudeline that the servers must be paid enough to match minim wage. Maudeline said she knew the laws and that the Workplace Wizards were incorrect and she could pay the only $2.83 an hour regardless of tips earned. 31Page Before opening the restaurant during the time of the consults, Maudeline Balan said she did not want managers, but would manage the operations with her husband. Maudeline Balan also said she wanted to do the cooking and agreed to teach cooks hired on how to prepare the recipes. Workplace Wizards advised Maudeline that if she wanted to be cooking, then she should hire a manager to deal with overall operations during that time and that it would not be possible to manage the kitchen and the front of house if she had multiple customers for which to prepare the food. Maudeline said she did not want to pay for a manager, but failed to train cooks on how to prepare the recipes and was unable to handle the kitchen properly. Maudeline was also advised on tuning food and preparing multiple checks at a time. She was in the habit of preparing orders one check at a time. Typical guest food check times were between 30 minutes and 45 minutes. Many customers were upset by the long wait for food, but Maudeline failed to allow Jeffrey to show her how to handle multiple orders at once. Maudeline said that Jeffrey hired too many people and scheduled too many staff members at once, although she agreed to the people hired prior to the restaurant's opening day. Jeffrey explained that when a restaurant first opens, the volume of guests is unknown until practices are established. He explained that it is better to have people scheduled and send them home early than to not have them scheduled and then not be able to handle the customer volume. Since customer volume was low, Jeffrey was constantly sending staff members home early and then scheduled a much lower volume of staff members for the second week. Workplace Wizards repeatedly had meetings in the manager's office with the owner Maudeline Balan accompanied by her husband. Donna Schim (CEO) of Workplace wizards sat in on several of those meeting. We discussed our observations and advised the clients to rectify all issues concerning local, state federal and food code laws that are consistently being broken. The owner Maudeline Balan and her husband agreed to rectify all issues to comply with local, state federal and food code laws. Furthermore, the CEO of Workplace wizards told the owners that if these violations were not consistently corrected - then they will be in breach of contract and workplace wizards will not continue with the services for that restaurant. The violations continued after the meeting with the owners, in fact some of the violations food safety related were so dangerous that it could cause sickness or even death to both the customers and employees. Upon the close of the contract on June 3, 2013, Maudeline was in violation of Local, State, Federal Laws including food code laws. If the owner of an establishment refuses to listen and implement the advice of the restaurant consultant - than workplace Wizards is not responsible for any violations concerning local, state federal and food code laws that are consistently being broken. 4 Page 1aFS On Monday 06/03/2013, the president of workplace wizards (Jeffrey Schim) conveyed to Maudeline Balan that she has breached the contract that was drawn up and signed by both parties. I had a lengthy conversation with Maudeline on 06/ 03/ 2013 - I explained to her why workplace Wizards could not be a part of her restaurant operations effective 06.03.2013. Maudeline reply was "I don't know what to do if you leave ". I told her that Workplace Wizards reputation is on the line if I stay, and that we cannot help her if she is not willing to help herself. On Saturday 06/ 08/ 2013 - Myself and Donna Schim entered the restaurant to talk to Maudeline about repaying the loan of 1000.00 that was due 06/05/2013,1 was told by the servers that Maudeline was busy preparing food for a guest and that she will be out to talk to us shorty. In the meantime, my wife went to the women room and I sat down in the dining room. Moments later Maudeline came out to speak to us and raised her voice to us accusing my wife of stealing private information from the manager's office. I managed to calm her down and I explained to her that Donna used the restroom and did not enter her office. We asked about the money she owed us and she got very loud saying, I ruined her business, my wife got very upset with her and Maudeline began to be verbally violent. Maudeline called the police, the police arrived and we calmly explained the situation, Maudeline explained her version of what happened. Maudeline told the police that Donna Schim stole a file from the office and placed it in our car. I gave the police permission to fully check our vehicle, the police officer found no file in our vehicle or on our person. Maudeline was given funds by Jim Alexander for the purpose of restaurant start up. For some reason the money was spent on other things not related to the restaurant. Maudeline repeatedly said I ran up her payroll to an outrageous dollar figure, and that I was the cause of all of her issues. Restaurant Facts; ➢ When opening a restaurant or any business you need startup funds, 50,000 to 150,000 to get through the first 6 months to a year. ➢ When putting the first schedule together — there are some factors involved to determine how many employees to schedule. Since there was no past sales to go by, then you need to put a sensible schedule together, keeping in mind you need enough employees scheduled to accommodate guest. if sales are not coming in than you send people home. Again all startup business expects a loss. That is why you need startup funds. 5 Page L��� Maddy signed a lease for the restaurant before workplace wizards was in the picture. Otherwise if Workplace Wizards had knowledge that Maddy had no funds, then we would had advised Maddy on not to open a restaurant with no funds. When Workplace Wizards signed a contract, we did not know her complete financial issues. Maddy showed me a pending lawsuit that according to her she won. She was waiting for the lawsuit money to use for the restaurant. I acted as her advocate to get Jim Alexander (Manager) of the shopping mall to loan her enough money to purchase restaurant supplies and equipment 13,000.00, Jim did help her with a loan in the amount of 12,000.00 + dollars. In addition Jim Alexander gave her 8,000.00 for food purchase and labor cost to get her by until she can generate enough money to survive on her own. When Maddy asked me to borrow 1000.00, I asked her what happen to the 8000.00 that Jim gave her. She said Jim did not give it to her, I spoke to Jinn and for the second time assured me take he did give her the money. The question is where did the money go? If we had the money, we would not have any issues with the finances. Furthermore I asked Maddy to buy a computer for the office, she never did. I used my personal laptop to use for the nightly reports and for payroll. When I departed from Maddys restaurant on 06/03/2013, I had receipts and invoices for items I removed from the restaurant -which she has not paid me back. I also took my personal computer home, although before I left the restaurant like so many other times I asked her for the accountant's email of phone number so I can send her the payroll and nightly figures from past days. The Wednesday prior to pay day 06/07/2013, I called Maddy to again asked for the accountants email address - Maddy said she already figured out the payroll and does not need any info that I may have. This is impossible for her to properly pay the employees. I had several employees call me to say that Maddy paid them in cash, what about the taxes. These employees called me to ask me to email them their record of hours and dollars owed. The money Maddy gave these employees did not match the information in the payroll system. The money given to the employees fell short of what is actually owed. Workplace Wizards President / Chief Information Officer Jeffrey David Schim Friday 06/14/2 J�S 6 1 Page "Two federal laws provide some protections for applicants with criminal records. Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, which can include unintentional race discrimination caused by excluding anyone with a criminal record. The Fair Credit Reporting Act addresses the issue of accuracy in consumer records, including criminal background checks. Title VII: Discrimination Based on Criminal Records Title VII of the Civil Rights Act of 1964 prohibits discrimination in every aspect of employment, including screening practices and hiring. Arrest and incarceration rates are much higher for African Americans and Latinos, which means that an employer with a blanket policy of excluding all applicants with a criminal record might be guilty of race discrimination, even if that is not the employer's intent. The federal agency that enforces Title VII — the Equal Employment Opportunity Commission (EEOC) -- has issued guidance explaining how employers can screen out applicants whose criminal records pose an unreasonable risk without engaging in discrimination. In deciding whether a particular offense should be disqualifying, employers must consider: the nature and gravity of the criminal offense or conduct the nature of the job (including where it is performed, how much supervision and interaction with others the employee will have, and so on), and How much time has passed since the offense or sentence. The EEOC also has said that employers should give applicants with a record an opportunity to explain the circumstances and provide mitigating information showing that the employee should not be excluded based on the offense. The Fair Credit Reporting Act: Inaccurate Records The federal Fair Credit Reporting Act (FCRA) addresses the issue of inaccurate criminal records. Criminal background checks may include errors, such as information on convictions that have been expunged, multiple listings of the same offense, incomplete information (for example, failing to report that the person was exonerated of a crime or that charges were dropped), misclassification of crimes, and even records that belong to someone else entirely. The FCRA imposes obligations on employers who request criminal background checks and on the firms that provide them. Employers must: Get the applicants written consent ahead of time. Notify the applicant if the employer intends to disqualify him or her based on the contents of the report. The employer must also give the applicant a copy of the report. Tell the applicant after the employer makes a final decision not to hire him or her based on the information in the report. Firms that run background checks for employers also have obligations under the FCRA. They must take reasonable steps to make sure that the information they provide is accurate and up to date. If an applicant disputes the contents of the report, the agency must conduct a reasonable investigation. If the investigation reveals that the report was incorrect, the agency must inform the applicant and any other person or company to whom it has provided the report. Pennsylvania Law on Use of Criminal Records Under Pennsylvania law, an employer may consider an applicant's felony or misdemeanor convictions in the hiring process only if they directly relate to the applicant's suitability for the job. If an employer decides not to hire someone based on his or her criminal record, the employer must so inform the applicant in writing. Pennsylvania's Human Relations Commission has issued a brochure for employers called "Pre- employment Inquiries" (available at the Commission's Publications & FAQ page). This publication tells employers that they may not disqualify applicants based on their arrest record unless there is a business necessity: The employer's inquiry must be substantially related to the applicant's ability to perform the job's duties. The publication also cautions employers against relying on conviction records in making job decisions unless their "number, nature, and recentness" make the applicant unsuitable for the position. The Commission recommends that employers who ask about criminal records include a statement that a conviction "will not necessarily disqualify you" from the position. Can you ask job applicants about their criminal history? Employers are entitled to ask candidates about their criminal records but there are limits on how far you can go. Asking if someone has any prior convictions is an invasion of privacy and you should only do so if it is relevant for the role - for example, if they are going to be handling money or are in a position of trust. Asking for details that are irrelevant or excessive could potentially breach the data protection laws, although in practice it is rare for someone to bring a claim to enforce their rights. Assuming it is relevant, for most jobs, employers are only allowed to ask for details of "live" or "unspent" convictions (most convictions become spent after a certain number of years). Candidates for these roles can simply refuse to answer questions about spent convictions even if directly asked. However, there are some specific jobs where employers can ask about both spent and unspent convictions - including doctors, nurses, barristers, solicitors, accountants, teachers, and jobs, which are regulated by the Financial Services Authority or involve access to children or vulnerable adults. Maddy had me fire both cooks who were African American One cook was let go because of attitude issues The other cook was let go because he was creating problems in the kitchen Maddy said to me that I hired two cooks that were criminals, and then accused me of being negligent. The accountant also wrote an email explaining to me that I over hired employees in Maddy's restaurant and that I hired criminals. First of all most restaurants do not do background checks on employees unless they are in management or working around money. How does Maddy know that these employees are criminals? Hearsay or did she do a background check? There was no money allotted from her to do background checks. Small Shops • Most businesses with 3o employees or less ( "Mom & Pop" businesses) will not bother performing a background check before hiring. Restaurants • Locally owned and operated restaurants usually will not require a background check of employees. Maddy was asked to participate in the hiring process — She never showed for any sit - downs. We were going to use the restaurant to conduct orientation; however, we called Maddy the night before and she never answered the phone. The next morning several hours before the orientation I contacted Maddy, she said that she was in New York city, I was very upset with her mainly because she had the only key to the restaurant and she was to participate in the orientation process. We had to scramble to find a new location to conduct orientation. An estimated 65 million Americans have a criminal record. That is about one out of every four people of working age. If you are one of them, you might have a difficult time being hired. Surveys show that a majority of employers — 92 %, according to one recent survey — check criminal records when hiring for some or all jobs. If a prospective employer finds out that you have an arrest or conviction record, you might be in for a tough job search, especially in the current economic climate. Job seekers with criminal records have some legal rights, however. Federal and state laws place some limits on how employers can use these records in making job decisions. Pennsylvania law also provides some protection for applicants in this situation. Federal Protections for Applicants with a Criminal Record 6/19/13 1 [� Gmail - MaddyNewHireSheet e f)urtija vchirn -�txorkr3lxce %'!izards@ril - nL if.COM> byC:cxnlC Maddy New Hire Sheet Accounting <accounting @simplified.pro> Mon, Jun 17, 2013 at 2:49 PM To: Donna Schim <workplacewizards @gmail.com> Hi Donna, Sure, feel free to send me the file. Thanks. I am aware Maddy paid several employees with cash. I have talked to her about this and it will not be done going forward. Any employees who were paid gross amounts will have that pay treated as an advance if they are due an additional paycheck and the taxes will be deducted atthat time. If not, their W -2will be prepared showing no withholding and they will need to file Form 8919to remit the uncollected FICA and SS, unless I can justify treatingthem as an independent contractor. Then no W -2 will be issued. SIM-FLIF It Shauna Weems, CPA Simplified Accounting Solutions 2023 North Second Street Suite 111 Harrisburg, PA 17102 717 -856 -8448 www.simplified.pro From: Donna Schim (ma i Ito: workplacewizards @gmail.com] Sent: Monday, June 17, 2013 1:58 PM To: accounting @simplified. pro Cc: Donna Schim Subject: Maddy New Hire Sheet [Quoted tent hidden] https: / /mail.google. corn / mail /u/0 / ?ui= 2 &ilc-d362e8cdd5 &uew =pt &search= all&msg= 13 1/" 6/19113 GmaiI - Maddy Restaurant G �QC.v > Donna Schim < trrorkp iacec�jiaardg@gmaii.cam> by(k JC Maddy Restaurant carpenter vonnie @comcast.net <carpenter wnnie @comcast.net> Tue, Jun 18, 2013 at 7:42 PM To: Donna Schim <workplacewizards @gmail.com> HI Donna This is Vonnie I waited every morning to open the restaurant 3 or 4 hours until she came. Also i saw food being left out of the cold to thaw and i also saw the dishwasher wash dishes in cold water. Meat juice put down sink and it would smell. NO gloves when preparing food. lam sorry but this is no way to run a restaurant. I also have yet to be payed. Vonnie From: "Donna Schim" <workplacewizards @ gmail.com> To: "Alyssa Loreto" <cheerchick0501 @gmail.com >, "Ashley Treichler" <otwash3912 @gmail.com >, "carpenter vonnie" < carpenter vonnie @comcast.net>, Cowboys @yahoo.com, "Devon marie92" <Devon.marie92@yahoo.com >, "otwash3912" <Otwash3912 @yahoo.com >, num1 dad29 @aol.com, Sho"gb @yahoo.com, "Tony Knight" <trenton19654 @gmail.com> Sent: Tuesday, June 18, 2013 6:49:43 PM Subject: Maddy Restaurant [Quoted text hidden] https: // mail. google. corrVmail/ u/0 / ?ui= 2 &ilc-d362e8cdd5&Hew=pt& search= all&msg= 13f59aabb3c52420 1/ 6!19/13 ( ©F Gmail - Food safety � C Food safety aja mchale <ajam1133 @gmail.com> Wed, Jun 19, 2013 at 2:39 PM To: Jeffrey Schim <Work placewizards @gm ail. com> While my employment at Maddy's I witnessed a ton of things from food safety to unprofessional acts to illegal workers. I have management experience and NEVER have I worked for such a nasty place. * * * * *My most recent shift of 5-9 she had purchased chicken quarters in bulk and left them on the prep table. I Felt them and told her 3 times throughout my shift these should go in the fridge. I left at 8:30 due to no customers and she had.disappeared into her office.to play computer games and get on Facebook. When I left the chicken was still out. * * * *A deaf man came in and asked about a diabetic menu. She told him that he could have her juices and plantains. As far as I know from my diabetic family juice has sugar and plantains are like bananas which also have sugar. When I asked her she said "well I don't add sugar so they will be fine" * ** *She does not put lids on anything in the fridge and freezer. * ** *She is still serving coleslaw from 5 -27 -13 * ** *obvious items that require ref like mayo,MEAT,FISH, sit out all day. * ** *The food is not held at the correct temp..she microwaves everything * ** *backdoor is always open, therefore there are more flys than customers * * * *no kitchen workers wear appropriate shoes or clothing. Sandals and dresses are never aloud in a kitchen. * ** *illegal haitian workers * * * *12 year old step daughter working. * ** *vegetarian dishes are all made with MEAT juice. * * * *no one meal is ever made the same twice. No recipes for anything * ** *the entire time I worked I never saw the 3 bay sinks set up for proper sanitAtion. The water does not even get past 70-75 degrees * ** *hand washing sink for employees has old food in it, water never hot, no soap ..hand santizer instead and no paper towels. * ** *proper defrosting method is under cold water. They microwave to defrost. * ** *same oil in the fryer the whole time I was employed. * * * *no haimets or hats * * * *maddy licks to taste food instead of using a plastic spoon. * ** *makes other employees handle angry ex employees From Aja McHale https: // mail. google. corrVmail/ u/O/?ui= 2 &iIFd362e8cdd5&aew-pt &search = all &th= 13f5dbbr9737c721 1/2 06/09/2013 To whom it may concern I worked at Maddy's Authentic Caribbean Cuisine located at 829 State St Suite 2008 Lemoyne, PA 17043 Phone # (717) 737 -7296. I was hired on 04/20/2013. I was hired as a Chef; I was to be trained 1 week before the restaurant grand opening. I never received the training required to properly utilize my skills. I was let go from Maddy's on 06/03/2013 at 8:30 AM. I know when a restaurant should be is in compliance according to the food safety code because I am chef. There have been too many occasions that I entered the restaurant early in the morning to find food sitting in the kitchen and prep area from the night before. Food sitting in room temperature 72 °F for more than four hours will grow bacteria that will be harmful to anyone consuming it. Once they have germinated, bacteria multiply quickly. They can double their numbers every 90 minutes at room temperature, every 15 minutes at body temperature. A single germinated spore can become 1,000 bacteria in a matter of hours, a billion in a few days. It is very important to discard foods past that 4 -hour mark. Anyway, every day I came into work I found numerous food safety violations. I would on a daily basis write those violations down on a piece of paper and give it to Jeffrey Schim (Restaurant Consultant) to Maddy the restaurant owner. Jeff in return would present my findings to the owner of the restaurant, voicing his concerns on food safety. Day in and day out it was the same old thing, violations after violation. Jeffrey on a daily basis would express the importance of food safety to the owner, for some reason the owner chooses not to comply with food safety laws. I personally came in one morning and found raw chicken juice dripping from the refrigerator; I opened it and found the raw chicken in the middle shelf with no pan underneath it. The juice from the chicken contaminated everything in the refrigerator, and not to mention that fresh fruits and vegetables where store with the chicken and some of these vegetables were laying on the chicken. Raw chicken needs to be stored on the bottom shelf in any refrigerator and also fresh fruits and vegetables cannot be stored in the same refrigerator. Jeffrey did communicate local, state, federal and food laws to the owner on a daily basis, If the owners choose not to follow Jeff's recommendations on the above than that falls on the owners &)an-o ( r7) GOB - (NL43 o, U j David Evans 06/10/2013 Commonwealth of Pennsylvania 2301 N CAMERON ST Pennsylvania Department of Agriculture HARRISBURG, PA 17110 DEPARTMENT OF AGRICULTURE Bureau of Food Safety and Laboratory Services (717) 787 Retail Food Facility Inspection Report Facility: MADDY'S Facility ID: 99483 Owner: BALAN MAUDELINE Insp. ID: 366597 Address: 829 STATE ST Insp. Date: 6/21/2013 City/State: Lemoyne PA Insp. Reason: Regular Zip: 17043 County: Cumberland, Region: Region 6 No. of Risk Factors: 6 Phone: (717) 910 -5046 No. of Repeat Risk Factors: 0 Overall Compliance: OUT FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS Risk Factors are improper practices identfied as the most prevelant contributing factors of foodbome illness or injury. Public Health Intervention are control measures to prevent foodborne Illness or injury. IN = In Compliance, OUT = Out of Compliance, N/O = Not Observed, N/A = Not Applicable, C = Corrected On Site, R = Repeat Violation _ Sup ervision 14. Food - conta surfaces: cleaned & sa nitize d out C 1. Person in charge present, demonstrates knowledge, & Out 15. Proper disposition of retumed, previously served, In performs duties " recondition & uns afe food _ Employee Health Potentially Hazardous Food Time/Temperature 2. Management & food employee knowledge, responsibflftiq; X 16. Proper coo time & temperatur% ` ` N/O reporting 17. Prope reheatin procedures for hotolding N/O 3. Proper use of restri & ex 18. Prop er coding tim & temperature N/O Good Hyg ienic Practices Proper hot holding temperature� In 4. Proper eating, asti ng, drinking, or tobacco use In 20. P roper cold holdi temperat _ W Out, C 5. No discharge from eyes, n and mou th jn21. Proper date marking &disposition In _ Preventing Contamination by hand 22. Time as a public healt control pro cedur e s & record N/O 6. Hand dean & properly wa shed Out, C w _ _ Consumer Advisory 7. No bare hand contact with RTE foods or approved alternate N /O 23. Consumer ad g visory provided for raw or undercooked foods NIA _ method pr operly followed _ - - - - ° -- -- - _..1 Hi ghly Susceptible Population 8. Adequate handwashing facilities supplie & accessible Out, C, R 24. Pasteurized foods used; prohibite f not offered � � N/A Approved Source Chemical ��� "�! 9. Foo o btained from a pproved source in M25. - 70 : Food received at proper�tempera N/O _ Food a dditives: approved & properly used N/A 26. To subst ances properly identified, stored & used In 1 _Food in odd condi sa fe, & unadu lterated In - - 12. f�equired records available: shellstock tags, parasite N/q Conformance with Approved Procedure destruction AC 27. Compliance with variance, specialized process, & HCP N/A ._._. ..,�,,........,,..,�.._.. .,..d._..�. plan Protectio From Contamination - ------- _ 13. Food separated & protected Out— GOOD RETAIL PRACTICES Good Retail Practices are preventative measures to control the addition of pathogens, chemicals, and physical objects into foods. Safe Food and Water _ Proper Use of Utensils 28. Pasteurized eggs use w required _ In _41. In-use utensils: properly stored ' In 29. Water & ice fro approved sou in 42. Utensils, equipment &linens: properly stored, dried & ~� In 30. Variance ob tained for speci pro m In handled Foo Temperature C ont r ol 4 Single -use & single - service articles- p sto red &used In 31. Proper coding methods used; adequate equipment for In Gloves used property In te control Utensils, Equipment and Vending + 3 P lant food properly co oked for hot hol ding „ In 45. Food $non -food contact surfaces cleanable, property Out 33. Approved thawing m used - ie _� de signed, constructed, &u se d _ 34. Thermometer provide & accur In 46. Warewacilities: installed, maintained, & used; test In shing fastrips Food Identification _ 35. Food properly l original container y-- in 47. Non -food contact surfaces clean In _ _ t _ P of Food Conta Physical Facilities 36. In sects rodents an rma1s not present __ In 48. Hot & cold water available adequate p ressure „ ` In _ 37. CContamination prevented during food preparation, storage & V In �, 4 9. Plumbing installed; proper backflow devices In _ display 50. Se & waste w ater properly d ispos ed In 3 Personal cleanliness - In 51. T fa cilities properly constru s upplied, & leaned Out R 39. Wiping cloths: proper used & stored _O _ 5 2 . Garbage & re properly d f acilities m aintained In 4 Washi fruit & vegetables In _ 5 3 . P hysical faci lities in ma & dean In _ �� 54. Adequate ventilation &lighting; designated areas usedIn FOOD EMPLOYEE CERTIFICATION Fo Emp loyee Certification _ 55. Certification displayed properly and is up-to -date. ` In Visit Date Person In Charge Person In Charge Sig. Date Sanitarian Sanitarian Signature Sig. Date Time In Time Out _ __ Signature 6/21/2013 Madd Muadeline `-_ 6/21/2013 Daniel Devine 11 6/21/2013 1:35 PM 2:50 PM (Posted) M 6/26/2013 3:38:22 AM Page 1 of 2 Commonwealth of Pennsylvania 2301 N CAMERON ST Pennsylvania Department of Agriculture HARRISBURG, PA 17110 DEPARTMENT OF AGRICULTURE Bureau of Food Safety and Laboratory Services (717) 787-4315 Retail Food Facility Inspection Report Facility: MADDY'S Facility ID: 99483 Owner: BALAN MAUDELINE Insp. ID: 366597 Address: 829 STATE ST Insp. Date: 6/21/2013 City/State: Lemoyne PA Insp. Reason: Regular Zip: 17043 County: Cumberland Region: Region 6 No. of Risk Factors: 6 Phone: (717) 910 -5046 No. of Repeat Risk Factors: 0 Overall Compliance: OUT _ TEMPERATURE OBSERVATIONS Item Location Temp Item Location Temp Item Location Temp Cken Hot -Hold Unit 135 °F Chicken Hot -Hold Unit 162 °F PHF's & NON Refrigerator 35 °F s & PHF's ' NON Refriger ator 43 °F 's OBSERVATIONS AND CORRECTIVE ACTIONS Violations cited in this report must be corrected within the timeframes below Item Violation of Comment Correct By Data Repeat Violation Number Code 1. 46.102 The Person in Charge did not demonstrate adequate knowledge of the PA Food Code as evidenced by this non - compliant inspection. 6. 46.132 Food Employee observed changing tasks that may have contaminated hands without a proper - - - -- - handwash. 8. 46.941(b )-(e) The handwash sink in the kitchen area does not have single use towels, continuous towels, or air Repeat Violation drying device. 8. 46.941(b }(e) Soap was not available at the handwash sink In the kitchen area. Re peat Violation -- - - -- 13. 46.281 Food in the refrigeration units stored open with no covering. 6/21/2013 14. 46.674(d) The quaternary ammonia concentration in the sanitizing solution of the 3 -bay warewash sink was 100 ppm, rather than 200.400 ppm as stated on the manufacturer's use directions. 20. 46.385(a)(2)- Hamburger that was going to be prepped was held at 60 °F, on the prep table for greater than 4 (a)(5) hours. -- - -- - - 46.304 Observed wet wiping Goths in prep area, not being stored in saniizer solution. 6121/2013 45. 46.672 Observed deeply score cutting boards not resurfaced or discarded as required. 6/21/2013 51. 46.922(d) Toilet rooms do not have a self - dosing door. 6/25/2013 Repeat Violation PUBLISHED COMMENTS The compliance status of this facility and a copy of this inspection report will be posted on the PA Department of Agriculture website. Reviewed inspection report and provided a copy to the PIC. Provided food safety informational handouts and posters. 6/26/2013 3:38:22 AM Page 2 of 2 612U113 l 0�1 AOL Mail - Message View -aL.ca I & k"Ipn's I R:dic I TravelSearet-, Sponsored Links Llfet_ocW Fraud Services Quicken Loans Home Loans 2417 ockw Fraud Monrtoririg Dian. Proactive Credit Fraud Lockwm Life ... Get Pre- Approved, Compare Loans 8 Calculate Payments - GeL.. wNw.Quid®nLoanswm Say schtitjd ass r� a IrrNt here Check Mail:Gompose I Search the web Search e,zs °rrd ShoncuisEits* i s ,, Se arch Reply a CpiyAli forward ' _ ,. AAark Unread t Mail Actions ` Delete . Spam Today on AOL _...._... Requested Verification from SCORE inbox From: Andy Green <HarrfsburgScore @gmaiLcom> Drafts (5) To: Jeffrey Schim <schitnjd @aoi.com> Sent Date: Mon, Jun 17, 2013 8:59 am Spam Jeffrey, Trash The purpose of this email is to verify that you or your wife are not, or never have been, volunteers or members of the SCORE Saved Chats organization. Andy Green, Harrisburg Chapter of SCORE Contacts SCORE Calendar CareerLink Building 100 N Cameron St Harrisburg, Pa 17101 My Folders wienage Folders 717- 213-MS Reply Reply f F.rwa ,Marls U j L , Actions f 6�1 D elete.l rpam�i Standard'Vereelon I Legat Noti Cos i Privacy Pciicies Shortcuts d 2013 AOL Canada Inc. Affrights reserved under ticenas mail. ad. carrtl37834- 1111ad- 6ten- caRitelMsg Read asp)(Kdder= lnboAUd= 283726828s � � Q&searchln= nor> �searchQuerycSstart= (?B,sQrt =receiuedgsg7pir =... 111 Workp(ace WixArds The Smart Way to Transform Your Restaurant Tho Smart Way to Tramform your 8us%fts 505 Water Street, New Cumberland, PA 17070 Local: (717) 774 -3698 Toll Free (800) 753.0657 (717) 799 -2616 COMMONWEALTH OF PENNSYLVANIA Civil Action Hearing COUNTY OF CUMBERLAND Mag. Dist. No: MDJ- 09 -1 -02 Jeffrey D Schim MDJ Name: Honorable Elizabeth S Beckley V Maddy's Authentic Caribbean Cuisine My Name is Jeffrey D Schim (CEO) Workplace Wizards Consulting Company All the documentation located in the files for the court, Maudeline Batan and workplace wizards is pertinent and true information directly related to the reasons as to why workplace wizards departed from Maddy's Authentic Caribbean Cuisine on 06/03/2013. Furthermore the witnesses present today are here on their own free will. These witnesses will testify under oath that the allegations filed in small claims court accusing Maudeline of violating local, state, federal and food code taws. I received a letter from Maudeline Balan's Lawyer (Kathryn L Simpson), accusing workplace wizards of being negligent and misleading. In this letter MS. Simpson became very verbal in saying that my contract is null and considered voided. One of the reasons that she said that my company was misleading, was that she was told by Mrs. Balan that I worked / volunteered to mentor Maddy through Score of PA, furthermore she said that I forced her to sign a contract. I never worked or volunteered for score, and she wittingly signed the contract. I have an email sent to me by the Chairman of Harrisburg score (Andy Green), in this email it states that I never work or volunteered for score. His phone number is attached to that email, and he will conform it. How can a lawyer dictate that a contract is voided based on heresay, and not mention say what she said without validating the claim. This lawyer is listening to one side of the story, there is ALWAYS two sides of a story. Ultimately it is up the courts to decide if a contract is nutted or not. I used (Score of PA) Andy Green as an mentor when I first started my business several years ago, that is how I know (Score of PA) and Andy Green. Mrs. Balan contacted score seeking help on restaurant start up. Andy green called me in March of 2013 to say he has a young lady who needs guidance in restaurant start up. Andy Green contacted me because there is no one else within score who is familiar with restaurant start up. Maudeline Batan called me in March 2013, seeking help in restaurant start up. I gave Mrs. Balan a free one hour consultation, Maudeline was very stressed and upset to the point she was crying because she needed help in all aspects of her restaurant. I told her to call Andy Green to schedule a Financial consultation with score to determine if opening this restaurant was realistic. An appointment was made by Score to help Maudeline (Financial consultation), Maudeline never followed through on that appointment. Maudeline Batan Contacted Workplace Wizards in late March 2013 asking for help in starting her restaurant. I asked her if she went to the appointment set by score for Financial consultation, she said that score never showed up at the meeting that was set up. I spoke to Andy Green and he confirmed that it was Maudeline Balan who failed to show up. Both myself and my business partner Donna L Schim (CEO) for workplace Wizards met with Maudeline Balan and her landlord at the location of her new restaurant in early April. At that point she planned to open in late April and was assured that the restaurant would be renovated by the landlord /property manager. Several factors lead to the fact that the restaurant could not open in April so it was delayed until May. © 2013 Workplace Wizards, Schim Enterprises LLC 1 Wor kplace whards The Smart Way to Transform Your Restaurant The Smart way to Transform your Business 505 Water Street, New Cumberland, PA 17070 s i . Local: (717) 774 -3698 Toll Free (800) 753 -0657 (717) 799 -2616 We talked about several options, although Maddy was very persistent in hiring workplace Wizards, at that time we were not aware of Maudetine financial issues (Lack of startup funds) and that she already signed a 5 year tease on a sight that is not considered a prime location. Although she agreed on our services and signed a contract on her own free will. and it was notarized by a bank. My company specializes in restaurant start up - we tried to help Maddy move the restaurant towards success - it was very difficult when the owner showed no interest in helping hands on. Most of the time I received phone calls from employees saying that Maddy never showed up to open the restaurant - this applies to before and after the restaurant opened. Maddy on too many occasions did things her way and not that right way, for some reason Maddy over stepped the systems that workplace wizards put into place and destroyed the creditability of the consultant, meaning the consultant trained employees according to the contract and trained the employees according to what the law details. Workplace Wizards followed through on their commitment and plus some up to the grand opening. According to our contract, the contract ended when the restaurant opened. Workplace Wizards entered Maudetine Balan's restaurant on 06/08/2013, we were told that Maddy will be out to see us shortly, Donna L Schim (CEO) went to use the restroom, and I sat down in the dining room waiting for Mrs. Balan to come out and talk to us. A short time later Mrs. Balan came out and stood over us, I asked her about the loan she owes workplace Wizards, She became very loud saying we destroyed her business and that she is not paying us a dime for the loan of the contract. Furthermore, she accused Donna L Schim of entering into her office stealing company files. Donna and Maddy exchanged words loudly, although we did not create a scene, Maddy did a good job on that on her own. Maddy called the police. The police arrived and we gave our version of what happened at the restaurant, his advice was file a small claims against her. The officer was familiar with Maddy and her restaurant, because several days earlier, twice in fact the police were called out to the restaurant because Maddy owed money to mostly alt the employees, they were very upset when Maddy would not pay them what was owed. The police Officer asked Donna Schim if she took any files out of the office, her response was " no I did not" The officer asked to search the vehicle, and of course we said yes, the police officer did not find any files in the vehicle or on our person. Workplace Wizards followed through on are part of the contract, and we are seeking the full amount of money owed to the company. If the client does not follow on what was set in place by restaurant professionals - then workplace wizards is not responsible or neglige t if that restaurant fails and or closes. Sincerely, - :3�4 Jeffrey D. Schim © 2013 Workplace Wizards, Schim Enterprises LLC 2 Warkploce WiixArds The Smart Way to Transform Your Restaurant Tice Smart way to Tramform ywr&uain"t 505 Water Street, New Cumberland, PA 17070 Local: (717) 774 -3698 Toll Free (800) 753 -0657 Cell: (717) 799 -2616 COMMONWEALTH OF PENNSYLVANIA Civil Action Hearing COUNTY OF CUMBERLAND Mag. Dist. No: MDJ- 09 -1 -02 Jeffrey D Schim MDJ Name: Honorable Elizabeth S Beckley V Maddy's Authentic Caribbean Cuisine Documentation o cumen t 1 (1 Page) Service Contract between Maudeline Balan and Workplace Wizards ➢ 1 of 3 Contract of Services Rendered "Scope of Manner' ➢ 2 of 3 Clients and Providers Signature (Notarized) ➢ 3 of 3 Payment Schedule L oc 2 (3 Pages) Cash Loan to purchase food for the restaurant ➢ 1 of 2 Receipt of Transaction ➢ 2 of 2 Bank Statement showing $1000 Withdrawal on 05/22/2013 Docum 3 (3 ) Receipts for Purchases for the Restaurant ➢ 1 of 3 Michaels, Home Depot, Hess, Family Dollar, True Value. ➢ 2 of 3 The Restaurant Store ➢ 3 of 3 The Restaurant Store ocument 4 ( Pages), Letter from Maddys Lawyer ➢ 1 of 2 Lawyer Letter P 2 of 2 Signed Letter Lawyer Docume 5 (1 Page) Verification from Andy Green (Chairman of Harrisburg Score) ➢ 1 of 1 Letter of Verification that Jeffrey Schim was never a Member or Volunteer of Score D 6 (2 a e, Department of Health Inspection ➢ 1 of 2 Inspection Report show 9 Violations, backing up Jeffrey Schim's claim of Breach of contract ➢ 2 of 2 Inspection Report Comments o 7 (2 Pag David Evans (Chef) Statement ➢ 1 of 2 Detailed statement (Email) of Mr. Evans observation of Maudeline Balan and Staff Operation ➢ 2 of 2 Signed Statement from David Evans 0 2013 Workplace Wizards, Schim Enterprises LLC WarkptAee wixord5 The Smart Way to Transform Your Restaurant The sm,.t Way to 'V'W""" your 6 " : 505 Water Street, New Cumberland, PA 17070 a • . Local: (717) 774 -3698 Toll Free (800) 753 -0657 Cell: (717) 799 -2616 COMMONWEALTH OF PENNSYLVANIA Civil Action Hearing COUNTY OF CUMBERLAND Mag. Dist. No: MDJ -09 -1 -02 Jeffrey D Schim MDJ Name: Honorable Elizabeth S Beckley V Maddy's Authentic Caribbean Cuisine Documentation (Document 8 (1 Page) Aja McHale (Server) Statement ➢ 1 of 1 Detailed statement (Email) of Ms. McHale observation of Maudeline Balan and Staff Operations (Document 9 (1 Page) Vonnie Carpenter (Server) Statement ➢ 1 of 1 Detailed statement (Email) of Mrs. Carpenter observation of Maudeline Balan and Staff Operations Document 10 (1 Page) Shauua Weems (CPA) for the Restaurant ➢ 1 of 1 This is an Email Document form Shauua Weems; verifying that Maudeline Balan paid the employees under the table. Document 11 -- (1 - Page) Aja McHale (Server) Pay ➢ Maddy did not pay this employee the correct amount of money (payroll) - she was paid cash and never received a check stub showing taxes deducted. Maddy informed all of the employees that she wanted them to meet her at the restaurant on Monday 06/18/2013 at 12:00 PM to hand out paychecks. All the employees waited for Maddy at 12:00 pm 06/18/2013, she never showed. Maddy finally showed up at the restaurant after 3 PM on Monday 06 /18/2013. Maddy paid most of the employee's cash with no tax taken out, as for the other employees, she did not pay them. The staff walk out, leaving Maddy with no employees. I have spoken to David Evans, Kevin Clark, Anthony Knight cooks at Maddy's restaurant, she never paid them. I spoke to Vonnie Carpenter (Server) Maddy never paid her. Prior to Workplace Wizards departing the restaurant on 06/02/2013, 1 spoke to Maddy about not paying employees under the table. I tried to advise her as a consultant the correct way to operate a business, Maddy chooses to ignore my advice. This is partly why Workplace Wizards Departed on 06102/2013. Workplace Wizards cannot be a part of a criminal act. If the Client chooses not to follow the Restaurant Consultants advice, especially when it comes down to local, state, federal and food code laws, then the restaurant consultant cannot be responsible for any laws that are broken on behalf of the owner of the restaurant. 66cumenf 12 ( 1 Page- Jim Alexander (Building Manager) Keystruck Construction Company ➢ 1 of 1 Email from Jim Alexander, Jim Alexander explains that Maddy was given $4000 on two separate occasions totaling $8000 to be used on supplies, food and labor cost. Maddy denied that she was given the money and had no money to purchase food for the grand opening. Maddy borrowed $1000 from Workplace Wizards for the food Purchases on 05/22/2013, she agreed to pay the loan back on 06/29/2013 or when she builds up enough sales revenue. As of 07/14/2013 Maddy has not repaid the loan to Workplace Wizards. Kevin Clark (Cook) was present when she borrowed the $1000.00. Kevin Clarks Phone # (717) 421 -0355 [Document 13 ( 6 Pages) Workplace Wizards Statement ➢ 1 of 6 A complete statement as to why Workplace Wizards departed on 06/02/2013 © 2013 Workplace Wizards, Schim Enterprises LLC 2 Service Contract 2013 -0001 Contract for Services Rendered This is a contract entered into by Workplace Wizards, Schim Enterprises LLC (hereinafter referred to as "the Provider") and Maddy's Authentic Caribbean Cuisine (hereinafter referred to as "the Client ") on this date, April 5, 2013 The Provider's place of business is 505 Water Street, New Cumberland PA 17070 and the Client's place of business is in the plaza on 829 State Street, Lemoyne, PA 17043. The Client hereby engages the Provider to provide services described herein under "Scope and Manner of Services." The Provider hereby agrees to provide the Client with such services in exchange for consideration described herein under "Payment for Services Rendered." Scope and Manner of Services Services To Be Rendered By Provider: Workplace Wizards staff will provide guidance for restaurant operations and proper set -up. Provider consults with Client to facilitate the operational aspects of Maddy's Authentic Caribbean Cuisine. Provider and Client will set up operational policies, procedures, and rules for employee conduct. This will be compiled into a policy guide for Maddy's Authentic Caribbean Cuisine This policy guide will include an employee manual template for the Client's Restaurant. Workplace Wizards will provide orientation sign off forms for each employee of Maddy's Authentic Caribbean Cuisine that are hired as of the opening of the restaurant. The cost of the base handbook is included in the Provider's fee. Two copies will be made available for use of the Client. Training provided: Training of the owner in basic restaurant operations, implementation, guidance for how the owner of Maddy's Authentic Caribbean Cuisine should manage her staff members. Also included will be basic training of management and staff members for the opening of the restaurant. Training material templates will be included with the training. Workplace Wizards will assist Maddy's Authentic Caribbean Cuisine's owner and management in hiring employees and orientation for the opening of the restaurant. Page 1 of 2 Service Contract 2013 -0001 Workplace Wizards agrees to guide Maddy's Authentic Caribbean Cuisine owner and /or managers in the operational paperwork, including tracking inventory, sales, labor management and restaurant safety. Basic spreadsheets and form resources will be provided as agreed upon by Workplace Wizards and Maddy's Authentic Caribbean Cuisine's owner. The specific documents and spreadsheets will be recorded on invoices so that the Client and Provider are in agreement on the paperwork. Workplace Wizards is not responsible if the owner and management of Maddy's Authentic Caribbean Cuisine does not follow through on this guidance. Payment for Services Rendered The Client shall pay the Provider for services rendered according to the Payment Schedule attached. The full amount is $2400.00 Should the Client fail to pay the Provider the full amount specified on the Payment Schedule, this would be considered a breach of contract. When payments are missed as set up on the Payment Schedule, then Workplace Wizards will end all further services to the client and legal action may be taken. Applicable Law This contract shall be governed by the laws of the County of Cumberland, in the State of Pennsylvania and any applicable United States federal laws. Signatures In witness of their agreement to the terms above, the parties or their authorized agents hereby affix their signatures: t Ill Q P I i \ ��►- .� LY�1. - 1) ri ki Y? Printed Name of Client Printed Name of Provider .Signature of O-Iier t Date Signature of Provider Date Notary: ' I , i f— Printed Name of Notary �? Signature of N of PAN �va�t Date COMMOiVWEA Notar Seal pubtic Data K. Stephens, Notary (amp Hill Boro, Cumberland County iss N ion Expr May 23• Not My Comm �� ��atfon of Notaries CO OF PEN NSYLVANIA Member Q Notarial seal i l Y1ni 11 t Yt 1 Stephanie Louise Bailey, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Dec. 4, 2013 Page 2 of 2 Payment Schedule This payment agreement is between the service provider, Workplace Wizards, Schim Enterprises LLC, and client, Maddy's Authentic Caribbean Cuisine. The Maddy's Authentic Caribbean Cuisine's grand opening for the State Street in Lemoyne is on Saturday April 27, 2013. The first scheduled payment will be on Monday, May 13, 2012 for the amount of $200.00 per week. The full amount due will be $2400.00. This will pay for the services on contract signed on .o44 (20 l Payments will continue weekly until the final payment is made on July 29, 2013 or earlier. Payment Amount Payment Due Amount Paid Date Paid $200.00 05/13/2013 - $200.00 05/20/2013 $200.00 05/27/2013 $200.00 06/03/2013 $200.00 06/10/2013 $200.00 06/17/2013 .$200.00 06/24/2013 $200.00 07/01/2013 .$200.00 EO7/22/2013 /2013 $200.00 /2013 $200.00 $200.00 /2013 Total The full amount of the payment is only $2400.00. The services provided are valued at well over $5000. Training rates are normally $1000.00 for 7 hours of training per day (8 hours including time allotted for breaks). Training includes a minimum of 8 hours of management training on a basis as arranged between the client and provider. Also included is a full week of staff training. This in itself is valued at over $6000.00. Other services include on site consulting and at least three on -site assessments, as follow -up immediately after opening on subsequent weeks as scheduled. On -site assessments are typically charged at $250.00 per session. So that is valued at $750.00. Consultation and assessments prior to opening are also being provided as part of the service agreement. This is valued at over $500.00. This means that Workplace Wizards is providing a value of $7250.00 for only $2400.00. Most of the services will be provided prior to payment. Payments are following payment formats, including check payment, invoiced payment through PayPal or credit card payment through PayPal Signatures In witness of their agreement to the terms above, the parties or their authorized agents hereby affix their signatures: 9 Printed Name of Client Printed Name of Provider Signature of Clien �� /3 Date Signature of Provider Date COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA ; J(r�►�,.. Notarial Seal Notarial Seal L-OV I � Darla K. Stephens, Notary Public � p Stephanie Louise Bailey, Notary Public q1- Y Camp Hill ooro, Cumberland County T v Silver Spring Twp., Cumberland County My Commisslon May 23, 2014 My Commission Expires Dec. 4, 2013 Clin fie AWhatioff6l( Notaries SC) i Ch �C lam' ME A EVA'VS & WOODS A PROFESSIONAL CORPORATION ATTORNIEgS AT I,AIy 3401 NORTII FROG STREET P.O. BOX 5950 KATHRYN L. SIMPSON, ESQ. RARRISBVRG, PA 17110 -0950 DIRECT DIAL IRS NO. (717) 231 - 5221 23- 1985005 E -MAIL ADDRESS (717) ) 2 232-5Oo 0 Fqg TEL EPHONE klsimpson @mette.com 32 -500 (717) 236 -1816 RTTP;//WW METTE.COM June 13, 2013 Jeffrey Schim Donna Schim Workplace Wizards Schim Enterprises LLC 505 Water Street New Cumberland, PA 17070 Re:„ Maddy's Authentic Caribbean Cuisine Dear Mr. and Mr. Schim: This firm represents Maddy's Authentic Cixi!bbean Cuisine and M my understanding that Workplace Wizards /Schim Enterprises LLC has failed tome Baran. It is duties set forth in the contrac one where my agreed between the parties. Further ' you have exploited the contact with Ms. Balan established by SCORE from one by which you a reed perform the client was enticed to engage o u to provide volunteer services to appropriate and advised my client to nt ,cn4 r fih>� o r ac e t t baariy °Ye fr°rew that this was not Additionally � S ` _ . y you have appeared at the restaurant, harassed patrons b self - promotion, engaged in threatening behavior toward Ms. Balan, and cre ated enough disruption to require the police to be called. Time sheets complete ated y Your shameless and you have provided conflicting data regarding the p ayroll . p ed by employees are missing My client declares that you have irrevocably breached the contract and co and void. Neither of you is welcome at the restaurant and any attempts b o enter the premises will result in my client having you for considers it null bar you from and around her restaurantcibly removed and she wi ll seek legal process to Please do not attempt to contact Ms. Balan. All communciations should come to me. June 13, 2 013 Page 2 Thank you. Very tru yours, K hrYn imps n cc: Maudeline Balan 653885v1 ®� - G v Receipt of transaction for. Maddy's Authentic Caribbean Cuisine 829 State Street, Suite 2008 Lemoyne PA 17043 This receipt is for $1000.00 cash On May 22, 2013 an interest free cash personal loan USD to Maudeline (Bala n) Pierre Lo was m ade in the amount of $1000.00 loan was to allow the owners of Louise nd bsonn Pierre Louis. m The Purpose of the restaurant, can Cuisine to Purchase food for their B signing below I agree that I presented Mau e Pierre Louis a personal cash loan of $1000.00 on Ma (?.2 Z an) Pierre Louis and Lysonn Y 013. /v Jeffrey D Date BY signing below I agree that the amount of $1000.00 May 22, 2013. was presented to me in cash on 1 C 7 Maudeline Pierre Louis and /or Lysonn Pierre Louis 3 l 3 Date Items purchased by workplace Wizards for Ma ddy's Authentic Caribbean Restaurant The following receipts were not reimbursed by Madd 's Au Restaurant Y thentic Caribbean 1. Step stool $19.97 — There was 2 step stools 1 is in my possession and the the defendants possession. other step stool is in 2• Keys made for the front door (3) each. $1.99 x 3 = $5,97 3. Ice for the restaurant. 5 8lbs bags of ice $10.95 4. Michaels Paint / brushes and stencil letters $8.22 5. Family Dollar Antique clock $8.00 6. Family Dollar Bathroom tissue $5.00 7. Family Dollar Outlet power strips $10.00 8. Wash Cloths 2 packs $5.00 x 2 = $10.00 9. AA Batteries 8 pack $3.85 10. Disposable gloves 3 boxes 3 x $2.00 = $6.00 11. The Restaurant Store NFS Shelving $95.05 12. The Restaurant Store server caddy and black mesh for glassware $ 14.34 13. Home Depot Bamboo roll up drape and tape $ 44.44 Total Owed dollars $221.81 Tl�e R��i�ura�t Sure - It��ri'sh�r� I 3835 SIh'PS8h1 FERRY I ROAD rAlp HILL PA 17011 1 (7171 653 - ?8Id I I f � I11VOICE9 INVOICE B€ 535"W 0'5!18113 I , FI V 8 I IC t r ^ ACE RIt'i. €Q :CASRI OUST, Iv : CASI{I? SH T8 P ; CASH SALES EES3 SRBRE CgSN1d I C $H Ad E:S UEST i I COST P,U.R FaR6ERH ORBER. 'BT TERS 3387192 85118/13 S REP ( STBRE ° WEST SRBRE ItENq DESCRIPTION I -._._ -- _,_ - - -- Ty PRICE uAr E,Y €E( #St :,,! 4d8ECf4 8 SHELF Do�,u 448ECP74 CtiRB�iE ------------ POST t9' CHRBUE 3 17.99Y EA EaUVd95S 4 89.97 ; PROCESSED BY S BUERDIRFf 5'470 EA 21.96 T 180748 nES4 SHELVIA BL I EA t Pt SIIC . 6 24° UIt1E .1.290 LVFT 7.1R t { 1 # SURTBIAL 89,.67 TAX I # i ? TOTAL # 95.85 TER�s OF SALE ARC ArREED put;. PAST DUE of IBr PEAR AKNU#i; 1.5 PER OBPiT;{; R �CC8U1 #� JUBJECT T8 MAKE CHARGE 8t, SPECIAL ORDERS. ETjs' 1q CK €E IS 130, NO =4ET( t _. HE$TOCKIRG CHARGE I5 Z5,7. �Ri'S 7 I � EIFi� 23- 18357)¢ j t ' r f C t f I t I 1 f , i T Ae r R� ;tdaraat JR5 STP3PSVtI T£RRY �d. LtSt}tir ROAD 1 CAMP NILt FA 17011 E t 01716 - 2016 f T,'.�'DICE.q ftlVUICE f tIT 5d6:i�b26 0512311 1 PAGE I DIIL TO -.C+i N16 I ' CASH SALES - CUST . caS�ld 1 a£Si S11pR£ ` s nip TD : CASH! iI GAS!{ ALES - UEST . RtIRE t � , F ; f,'tfSl P,O,iC r � DRG£1t DT �� ± uRD AU T£R11a 3;R98D0 U51271t3 C, . 1 SANS REP F STGt £ LI rr !� ESI S1d�R£ Tr£G�� ....... ...... ...... ......._...........v _ f Tr TRICE iUGll EIIEHSIt'.I 7f�41 Tfi� CAG�i' �fitJllpP, 1� ",�13xld.i° l . �_.._.._M- __.� - - --- -- •- - -__.- t. t 1 7.49P xEA' 1.49 GRAY 3 CBrPARIG£h'TS 2087b8 iiESR SHELVING B S PLASTICI 5 1.39D�L1dTS b.4S � 24 VIDE I I 1 ECH9d8 Prflr�sdetl by J Cltora It C 41 SEA � T ! SUBTGIAt "t3.f4 � � tAX I fl.39 I i 1 Y � Tti'iAt � 14.33 TERUS 8t SALE ARE AGPE£D UPUfi, PAST CUt TyEGUU�IS �U6JECi TU f.tt�RtfCE C1ti�RGE DE W PER 0.1"mui, 1.5" Pig T1DinTif, RETURN',D �lt£C� FE£ IS �" ON SPECIAL ORDERS, RESTOCKING CWARGE IS L57„ i �� �fl i�1 REFuRnS ; ERf 23- 18557tO I I Receipt of transaction f Maddy's Authentic Caribbean Cuisine 829 State Street, Suite 2008 Lemoyne PA 17043 This receipt is for $1000.00 cash on May 22, 2013a cash loan was made in the amo Enterprises, LLC. This loan ��, unt of $1000.00 LSD from Pierre Louis. was to Maudeline (Balan) Pierre Louise and Lys nn The purpose of the cash loan was to allow the owner Caribbean Cuisine to purchase food for their restaurant, Y s of Maddy's Offered without interest, ant, prior to opening. p erg• This loan was By signing below I agree that I presented Maudeline Pierre Louis a personal cash loan of $1000.00 on Ma 22 lan) Pierre Louis and Lysonn Y , 2013. Jeffrey D S l 3 Date By signing below I agree that the amount of $1000.00 wa May 22, 2013, s presented to me in cash on 4 6 vt Maudeline Pierre Louis and /or Lysonn Pierre Louis Date i.l f,0 f, 1. r U1•BERLAND COUNT y PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served 13-4431 ® a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) 7/2320 13 , ❑ by personal service ® by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee,(name)Schim Enterprises, LLC on 7/23,20 13 ❑by personal service® by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 2-V""-DAY OF� 20 1 ignatur official OOFf�€� �� avit was made Si natur of affiag t COM Notarial Seal Public Betty Ann Md4Ullan,. Penn Twp.,Pony County My Commission Expires Jan.28,2014 Member.Pennsylvania AssWation of Notaries Title of official My commission expires on 20 AOPC 312A-05 Postal (Domestic CERTIFIED MAIL. RECEIPT Only, nj Er 0 1 Er Postage $ M Certified Fee ,� f C3 Return Receipt Fee p� Po O (Endorsement Required) Q He 7 C3 Restricted Delivery Fee C, C3 (Endorsement Required) C3 Total Postage&Fees � S/?J 8 d rn Sent To Schim Enterprises, LLC o sireei,ApfNvo:;-..._B7/V7 ..Workplace--Wri Fag..........-. or Po Box N" 5115:_.w,a.ter---Street-----------------New Cumberland, PA 17070 SECTION I PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS DEL,VERY ■ Complete items 1,2,and 3.Also complete °A• Signature Item 4 if Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(P d Name)" rDpteof elivery ■ Attach this card to the back of the mailpiece, Ov or on the front if space permits. D. Is delivery address different from Item 17 ❑ es 1. Article Addressed to: If YES,enter delivery address below: ❑ No Schinterprises, LLC d/b/,1i-7'torkplace Wizards 505 i .ter Street New Cumberland, PA 17070 3. Service Type IN Certified Mail ❑Express Mail ❑Registered IN Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7-011 3500 0 0 01 3998 9 0 2 4 PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-1540 U.S. Postal Service,m CERTIFIED MAILT. RECEIPT r-1 (Domestic Mai/Only;No Insurance Coverage Provided) M 0 a- . rol OF F C I A L77S E71 Ir Ir Postage $ f Certified Fee 1 0 C3 Return Receipt Fee iP Here IP C3 (Endorsement Required) 0� C3 Restricted Delivery Fee C-3 C3 (Endorsement Required) CJ C3 Lrj Total Postage&Fees $ M Sent To rq Honorable Elizabeth S. Beckley rq - C3 Wjf-Awe?QF----------6�---------------------------------- or PO Box No. 19 State Street. iN6,7 stare,Yffi;;f- Camp----H--111, P�-A-- —1-7-011, -- PS Form 3800,August 2006 See Reverse for Instructions TE THIS SECTI COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLE ON ■ Complete items 1,2,and 3.Also complete A. Si nature Agent item If Restricted Delivery Is desired. X 0 Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. elve ,Zby APnnted a e) C. D a o e ivery ■ Attach this card to the back of the mailpiece, I I t.2, or on the front if space permits. D. Is delivery address-different M item J'j LJ TeZS 1. Article Addressed to: If YES,enter delivery address below: ❑No Honorable Elizabeth S. Becklej 1901 State Street Camp Hill, PA 17011 3. Service Type M certified Mall ❑Express Mail ❑Registered (M Return Receipt for Merchandise 173 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number i E [7` '0 X198 9-031 (transfer from service label) 0: � 3 Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage,prepaid, as follows: d/b/a Workplace Wizards 505 Water Street New Cumberland, PA 17070 Honorable Elizabeth S. Beckley 1901 State Street Camp Hill,PA 17011 By: 4S.4N _KA W��'RW 1. S I 3401 N. Front Street Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Appellant, ^~...y ~^.~.^~^ ~~ ~^~'-~-._- _------ Date: July 29. 2Ul3 661255vl i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Schim Enterprises, LLC Address 505 Water St New Cumberland,Pennsylvania 17070 Plaintiff No. 13-4431 Civil Termn rll Maddy's Authentic Caribbean Cuisine: 829 State St Suite 2008 ° = Lemoyne, Pennsylvania 17043 Defendant Petition to Court Schim Enterprises,LLC is respectively requesting a scheduled court date in the civil matter (No.13-4431 Civil Term) between Schim Enterprises, LLC (Plaintiff) and Maddy's Authentic Caribbean Cuisine(Defendant). VX Donna L Schim Chief Executive Officer Date Jeffrey D Schim President/CIO Date Schim Enterprises, LLC /CO MMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. - q73 ` �v f NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ MADDY'S AUTHENTIC CARIBBEAN CUISINE 09-1-02 Elizabeth S. Beckley ADDRESS OF APPELLANT CITY STATE ZIP CODE 829 State Street, Suite 2008, Lemoyne, PA 17043 DATE OF JUDGMENT m n en 7/18/2013 Schim Enterprises, LLC ,, addy's Authentic Caribbean Cuisine DOCKET No. SIGNATURE O APPELLANT OR ATTORNEY OR AGENT MJ-09102-CV-0000106-2013 - This block will be signed ONLY when this notation is required under Pa. if a pell �taagisterial as Cl,mant (see . R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal,when received by the Magisterial District Judge,will before a District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7)in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon SCRIM ENTERPRISES, LLC appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. I3 "7"74,7/ &l L )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To SCHIM ENTERPRISES, LLC appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) if you do not file a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 _ Signature of Prothonotary or Depute YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. J Lu AOPC 312-05 I� �� SCHIM ENTERPRISES, LLC IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MADDY'S AUTHENTIC CARIBBEAN CUISINE DEFENDANT NO. 13-4431 CIVIL ORDER OF COURT AND NOW, this 23" day of August, 2013, the Court being in receipt of a Pro Se "Petition to Court" requesting that this Court schedule a court date in this matter and the Court noting that a Rule was issued upon Schim Enterprises, LLC, on July 26, 2013, to file a complaint in the case which conforms to the Pennsylvania Rules of Civil Procedure within 20 days of the date of service of the Rule, and it appearing that no complaint has been filed in this matter, IT IS HEREBY ORDERED AND DIRECTED that the "Petition to Court" to schedule a Court date is DENIED at this time. By the Court, ` � �n-�i�, (.�Gt.t 166tlM. L. Ebert, Jr., n J. Donna L. Schim J Jeffrey D. Schim Schim Enterprises, LLC C-) ; 505 Water Street -V3 rn� New Cumberland, PA 17070 ern c�- Fri r G) -0 /athryn L. Simpson, Esquire Attorney for Defendant -0 > rv` Win. bas �. 2 c��,,j c 51 c a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW Schim Enterprises,LLC, 505 Water St. New Cumberland, Pennsylvania 17070 Plaintiff =rn r" No. 13-4431 Civil Term —U,:r:-o -0 M Maddy's Authentic Caribbean Cuisine, 829 State St. Suite 2008 Lemoyne,Pennsylvania 17043 C� Defendant Show of Good Cause We received your decision about assigning a court date in reference to Schim Enterprises,LLC versus Maddy's Authentic Caribbean Cuisine.That notice said that the decision was a denied a court date because the plaintiff faded to file a complaint within the 20 day of service rule. Due to good cause,we respectively petition the court to reconsider our case. We received a copy of the notice of appeal from the defendant's law office of Mette,Evans and Woodside and thought that it was the actual appeal from the courts. After receiving the paperwork from the law offices regarding the defendant's appeal,we contacted the Cumberland County Court House Prothonotary office and spoke with a clerk at that office. That clerk said we should come to the office to explain the matter further. We did not realize at that time that the appeal had not arrived at the Court House. We took that law office letter and paperwork to the Cumberland County Prothonotary Office,at the Court House, located in Carlisle,PA within days of receiving it. The Prothonotary Office had only just received the same letter and appeal notice that same day, and had not been able to process the appeal. We spoke with a clerk who told us we needed to take the next step and file additional information. We signed a document at the Prothonotary's office which we thought was the complaint. We brought copies of proof of services rendered and the plaintiff's failure to comply. The clerk kindly took copies of all our documents regarding our case against Maddy's Authentic Caribbean Cuisine.The clerk gave us a small paper describing how to write a petition to court for a court date. We thought we had taken care of the complaint at the Prothonotary office with the clerk.After that, our understanding was had ample time to request a hearing or arbitration,which we thought was the next step. We are unable to afford a lawyer because we are very limited in income due to the unpaid bills from the plaintiff, We were surprised to hear that our complaint was denied because we thought we had taken the necessary steps. Certainly if we understood the commons plea procedures on how to file we would have filed a complaint in a timely fashion. Attached is our complaint in response to the appeal. Donna L. Schim Date Jeffrey 13 YSebim Date Chief Executive Officer President/CIO Schim Enterprises,LLC Schim Enterprises,LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW Schim Enterprises,LLC Address 505 Water St New Cumberland, Pennsylvania 17070 C_- � Plaintiff MW No. 13-4431 Civil Term Maddy's Authentic Caribbean Cuisine: C) C*) _-tin 829 State St Suite 2008 :C_n Lemoyne,Pennsylvania 17043 Defendant C"m laint The amount claimed: $3750.07,plus any additional court fees,lawyer fees and other costs associated to this civil case which may exceed this amount. Schim.Enterprises LLC,plaintiff, completed contracted services for the defendant, Maddy's Authentic Caribbean Cuisine, as of June 3,2013. Schim,Enterprises LLC loaned$1000 additional funds which was agreed to be repaid. The plaintiff purchased items for the defendant which were agreed to be repaid in full. Court costs and other related costs must also be repaid. The defendant signed the Contract for Services rendered and Payment Schedule on April 9, 2013 and services were completed by the plaintiff as of June 3, 2013 for Maddy's Authentic Caribbean Cuisine, 829 State Street, Suite 2008, Lemoyne,PA 17043. The original amount due from the defendant to the plaintiff includes$2400.00 as agreed upon by the defendant with notarized signature in the Contract for Services Rendered and Payment Schedule. The amount of$1000.00 was loaned from the plaintiff to the defendant with the agreement to repay that amount in full to the plaintiff. In order for the defendant to operate her establishment,the plaintiff purchased equipment and supplies to in the total of$221.81, for which the defendant agreed to refund the purchase price to the plaintiff. As of June 8,2013,the defendant refused to pay for the services rendered, loaned money, and purchases made by the plaintiff. Schim Enterprises entered into a civil case to claim the amounts owed on June 14,2013. A -3 Donna L. Schim, Date Jeffiry IAchim. Date Chief Executive Officer President/CIO Schim,Enterprises,LLC Schim Enterprises,LLC