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Home My WebLink About05-0808 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUNBEP-LIWD COUNTY JUDICIAL DISTRICT 19-1-01 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O~ - Pt:::xP. U''uL ~ ~ NOTICE OF APPEAL Notice is given that the appellant has tiled in the above Court at Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below. NAME OF APPELLANT MAG. 01S1. NO. OR NAME OF D.J P2,ul Zan::-er ADDRESS OF APPELLANT Charles A. Clement Jr. CITY STATE ZIP CODE 2006 Rarvard Avenue, Caw~ Hill, PA 17011 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) Januap 28 2005 Executive Ima::re Solutions Inc. vs. Paul Zan er CLAIM NO. CV YEAR CV-0000749-04 SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT L T YEAR f This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appel/ant was Claimant (see PA R.C,P.J,P. No, 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Executive Imaqe Solutions, Inc. , appell~e(s). to file a complaint in this appeal Name of appel/ee(s} (Common Pleas No. (')!; - POP (]~.J, within twenly (20) days after service of rule l~ RULE: To Executive Image Solutions, Inc. ,appellee(s) Name of appeHee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenly(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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule it service was by mail is lhe date of the mailing. Date: JpL~ J'7 ,Year~)...\ ___ ~~ P -~/J.lZ...-l. ?1LJ_ Signature of Proth ary or Depu:y~ White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelan!'s Copy Appellee Copy D, J, Copy Prolh. - 76 CHARLES A. CLEMENT, 400 BRIDGE ST OLDE TOWNE COMMONS NEW CUMBERLAND, PA "'"""00 (717! 774-5989 JR 717 236 9119 P.02/02 NOTICE OF JUDGMENTITRANSCRIPT . CIVIL CASE PLANTIFF, NP.~'lc and ADDAi:$S I"EXECUTIVE IMAGE SOLUTIONS, tHC. I 840 STATE STREET LEMOYNE. PA 17043 FEB-14-2005 15:23 NERLON & GOUER l,()IVIIVIUNVVt:AL I H UI" I-'I::NN::;YLVANIA COUNTY OF: CUMBERLAND 1 MI\~, rJ,~t. 1\:" ; MDJN:irn~; H::lr. I Adjr~~8 I I I I 09-1-01 -SUITE 3 '- ..J VS, 17070 DE~ENDANT: rzANGER, PAUL 2006 HlUl.VARD AVE CAMP HILL, PA 17011 L NA'viE an:1 ADDRESS I ATTORNEY DBF PRIVATE MATTHEW R. GOVER 2411 N FRONT ST HARRISBURG. PA 17110 ..J CV-0000749-041.. ". 12/20/04 I -, . '.' , . ii' I ,', .,' . I Docket No I Date Flleo: I I "I', TI:l!.S IS_iO_NOTIFY YOU THAJ: Judgment: . ~ Judgment was entered for: .-'Ptll(''P"T;A TNTIFP'" (Name) E}l'~"'"",TVF, TVl!.r.~ !'!OT,". '!'T01lT!'! T [iJ Judgment was entered against: (Name) \7,ilINt:lRR, PAUL in the amount of $ 4 1".<;n on: (Date of Judgment) l/?Rjn<; o Defendants are joint:y and severally liable, o Damages wiil be assessed on: (Date & Time) $ 4.000.001 $ 133.501 $ .OO[ $ .00 $ 4.133.50 n Amount 01 jUdgment Subject to :.....J Attachment/42 Pa,C.S, S 8127 $ n Portion 01 Judgmert for physical l....- damages arising out of residential lease $ I Amount of. Judgment I Judgment COS1S I Interest on Judgment I Attorney Fees jTD131 Post Judgment Credits $ Post Judgment Costs $ C This case dismissed without prejudice, ------------ ------------ Certified Judgment Total $ ANY PARTY HAS TH~ RIGHT TO APprAl WITHIN ao 0.0 YS AFTER THE ENTRY OF JUDCMENT 6Y FlLINC A NOTICE DF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLHS. CIVIL DIVISION, YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUOGM~NT/TRANSCRIPT FORM WITH YOUR NOTICE OF APP~AL, EXCEPT AS OTHERWISE PROVIDED IN THE RULrs O. CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES," THE JUDGEMENT HOLDER ELECTS TO ENTER THr JUDGMENT IN THE COURT O. COMMON PLEAS. ALL FlI<lTHERoPl:!qCESS MUST COME FROM THE COURT OF COMMON PLrAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE'MAGISTERIAL lllSTFlICT JUDGE. UNLESS THE JUDGMENT IS ENTERrD IN THE COURT OF COMMON PLEAS, ANYONE INTEREST;~'oIN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE J!JDGMENT O'6BTORPAYS IN F.ULL. SETTLes. OR OTHERWISE COMPliES WITH THE JUO\lMeNT. JAM 2 8 2005Jate CJ~ ~- , Ma~isterial Dislrlct Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgmeht. Date . Magisterial District Judge My commission expires IIIst Monaay of Jar.uary. 2008 ' SEAL AOPC 315,05 DATE PRINTED: 1/31/05 5:20:55 PM TOTRL P,02 _(,'\ :'j''::\'::U: ~jt~ :~~: { .._.......;,.",.-, T;.r~..:Ji.fiiJn().~ 't:;:);T?: i; ,,;:~.r; :~;{:i J '.1\ :;.,:;( ,p .','.{';., j 1"" ',,, '..",; PROOF OF SERVICE OF NOTiCe OF APPEAL AND RULE TO FILE COMPLAINT (This proal 01 service MUST BE FILED WiTHIN TEN (:10) DAYS AFTER filing the notice of appeal. Check appllcabie boxes) -'''-'''''001 e6~~w-gAe1'A\dp'?'f!~~V\\'i\l\I~<\,\L II 2",1 I Dr" ,'Cl':Ji\'i'.\)\.. \:Jh\?lb 'w)'~)d noi1'~m n\ \\,ci)~Cj\:l\ .f..l'v\ '1,:),;~11 2D OJD18qO !ihN ,9:')1!2'I:L ;:.Jl1iE:;(J LJrlt '{d [);J,i.;_,"~~',.'; I (-:irlTI (,.(S)q~.{)fi\r.llh\J l\'~\.t\ \1-=\HlYj tL3.J~,::" 1?\ 1M ; SS .82.6:1 2irjj ni 101 !ri8iTll!Ll'JL adi n) (:;,".i~j__ ~U2 ;'\ I Ji\3C1.Q./\ 10 3'0\\0\/\ ?\\\ m\ ,\, \'21\'5 c_'{bD j I AFFIOAVIT: I hereby swear or afhrm fhaf I serv~d '______,_____,_.______,_ i l " I d ", ~ \ (1' \'-_1 \ \. ) "~I \~ .-J ---0-8 ea~) 01 tRL u~t.oe af Afl~eal, CammeR Pleas ~Te.--- -:-:---~~-=.:-,-.- --:~,.y~~.nie-omncrl~iiw-R des'gr;T,,;;itfiiifelr on ,9"~~~tcjgl,riT8'ig~re~~J.;~~)~~~:~~~t~~~~~~~gJ3~J~i7,\H~~~~Pj~~~)~! ,(jeRi~~:'r~io'ii,~c'!: s;~p,.r's receipt attached hereto, and upon the appellee, (name ''lAj:'~q(1R n('(III~'li"./ n~ ir.qmr )() ,->-.'tnn~QO-:i-~~j"u:k:u.:U;;~i~i, on ________ __________, year ___________, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. V,r,tCJflOrilolQ 0' :3'lI03AfJ'1 Ifioqq;;}ia~d'<IriBlIqtl1OO1.8em;~<d>jthe~l!9qdi$~ a (;orTlpiajnt.acc9J"f1Patlyin9 Ihe."bove!:Joticeof,Appeal upon theaPl\;oij~~I,l<\ej" '" whom the Rule was addressed on _____n __ __ __ ______, ye~rl=~:~i2~~ ~~J_:~~~~:V'D by personal service 0 by (certified) (registered) .2mq no",~,1~J{~~~~~~~~~:l1 to $}iV18? mils 2\:,Bb (OS:) yl(19Wl ftlrll(W C 0\.11 ?i.)!]('1 ne'lnfTil/}) ~PB{{~~I,\&tw,;JlJ~\,\\\\!BED BefORE ME THIS "..'__'..__" DAY OF ..._.._,___' YEAR '''-'-,cJ"olleqq6 i,;:i)",~-)\\",\'.)q,-" ..'J'W:\,;'/' '...... -rr,-':3:1Uff-- - Signafureo(Affle.nt Signature of official before whom affidavit was made 21(Bb (OS)ytm.'h\'J niri1iw i5~)qc;B eidl ni IniHlqrno:J B ellt oj uoy fiOqu D81')jns '{d918J1 ;~I ~J\U"! ::. lsdJ b~itijOn 915 uoY \ i') ,___~_______....:~~Ql_b~2-9J?~e.2]_10 lJ~~h98J":L~_L?:2i~~031.6n021eq \(d urjV lIoqu elUl 2i!i{ to 9;jiV192 L, GtGb 0rii 1':.l11g fllleofofficial UOY T2Y11ADA 03R3TV13 38 JJIW c:ORQ VlO~'l 10 TLJl3MiJUUL t; ,9fT1i! 2irlJ nlll:iw trilGlqrr:02 [; slit Jcn ob UO't H (<;'1 My commission expires on _~______._____, year ____.___' 3Qi;:13AP,Q !.'lCY'iU .pni!i6fn slit 10 316!) ~)fH 2i lisfn I{d ;:~f)W ~}ojv-1.,:)21: U\iJ! ,~!rJ to 5~1iV'9(,. in 9:/:~b ddT' if:) 16t)"y' nice! ~11J~~C\ ,() \{11?;.\Cln()(\~o,o. '0 81Uisl1Q,lG- S6<?O "'1/ -frCI L. 901l." fF){{J 171tI~ S'C"S.st ay .- .(Hal'l (f'. ~C" UJ " "I .. r,;:!.t '-', ~--~.. I(qo:) {U,jO(,(\0.l(;lCi \iQO;J 51(1 ;'1.:0;) {'-Jr.":) ;';'lnr;ieqqA Vqo:J :)!))j8qqt\ '(GO~) ,1, ,0. o;JI!r1V'! il')'~~D \l'J.'oil~~Y ~ln\('i ~ljoE) ""j'-',',' 'J'-,;":,,,. ., " '~" C' < COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM "'!,j':l\ (];."T'\ DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT ':4.:" COMMON PLEAS No, NOTICE OF APPEAL Notice is given that the appellant has liled in the above Court 01 Common Pleas an appeal from the judgmenl rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. OIST. NO. OR NAME OF D.J. ,'d.l.:JF?C ADDRESS OF APPELLANT CITY r!' ,t i STATE ZIP CODE Co.' .) ,{ '.X" ~'"r:i Av' n'.~: , tnll, " "/'0) l DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) <1::][': :,:~ C'" "L,. EX2C.,t. i .. ~ .. l"'\.:;, ,-,.: Ie" VS. -~~.. " SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CLAIM NO. CV YEAR .. "~ \ {<c~.iIJ':;.<~,j L,.'-' L T YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice 01 Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. '~NO. 1001(6)) i,n{lction bellXe district Justice, he , :J,.. .~~ \l ' " \;..'~' - '::foT ML/I:;,/i\IJ}QM.I'IU</r;T":within twenty (20) days alter liIing his NOTICE 01 APPEAL. Signature of Prothonotary or Deputy PRAECIRj: TO ENTER RULE TQ-6J~QOMPLAINT AND RULE TO FILE (This section of form to be used ONLhhen appellant was DEFENDA't~rr"'~e''PA R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon aJ:1pellee. PRAECIPE: To Prothonotary Enter rule upon t....~ -Cl.'t 1 V~' [nla.'~.'e ;::;01 u(.. r'.:<,(16', :", \1., " Name of appel/ee(s) , appellee(s), to lile a complaint in this appeal (Common Pleas No. ,.,' . lwithin twenty (20) days after service of rule qrs,uff,et entry 01 judgme,,!! 01 non pros. ; ',. ~ J ;";~<" ,~~ ~ /; ...'. t;e.'f'l,."t:. "; SignatjJl'9"Of~pp'ellant IJrhis attorney or agent --+;.,' ~, RULE: To Ej,~,:::, ,,(::'1 \iL ",c" ,\ .il'; S<)!.'i~~:i'> ,':, 1 :,~'. " appellee(s) Name of appel/ee(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 ssrvice of this rule upon you by personal service or by certified or registered mail. (2) II you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) n,e date 01 service of this rule if service was by mail is the date 01 the mailing. Date: ----19 , Year ~/,.:' \..' t.:__. -'_--:=L . /' 'f /1 Signature of Prothonotary or Deputy ! " '~ ., White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy 0, J, Copy Proth. - 76 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 the notice at appeal Check applicable boxes) COUNTY OF COMMONWEALTH OF PENNSYLVANIA liti );l.it.{ '(d ;:" {i(~ _; 5S AFFIDAVIT: I hereby swear or affirm that I served > ^ Itl a copy of the Notice 01 peal, Common Pleas No., M.. -. 3~Jl,_tjlll/..... ,upon the D.strict Justice designated therem on (date of service) __" /,_l!l_, year _:-2ULJ.,S:__, D by personal service ~ by (~:rtjfied) (reyister~d) mail, sender's I r~ipt attached hereto, and upon t appellee. (name_E5l-e t."iJT--.1lIfl..:r:h1 fr:Gi3::iO/...U TIO/V5{ 1::11.<," 'LJt~L_, year_;2tJtJ~ D by personal service ~ by (certified) (registered) mall, sender's receipt attached hereto. J ~ and further that I served the Rule to Fi e a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on If' ' year _~<?5", 0 by personal service ~bY (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 1<1'#\ DAYOF~. YEAR <<.005 l1.,~E-^~_OvD o.JLa.....V. S!(}f--:a-COf olfielill before whom afflda-:;;t;J-ma(fe r"'''''f;~ C -tc...ry My commission expires on ,~tl.L~.L3.. year doO 7 i I /(!; .~'A/-_I. .........-- ,'/ v ......~.... '> -'\j/ ; i'~-i. -,. ~' S'<jl1ii!ureorAflliUlt COMMONWEALfit UI- PENNSYLVANIA Notarial Seal .BarbaraJ..Baker, Notary Public MCltyofH.ar~lsburg, Dauphin County y CommissIon Expires Aug. 13,2007 Member, Pe,ln~vill;.i1;G ASEocialio!l of Notaries .""".=~"",-~......",,...,...,,,.- ,....._.O---.."".M.....,.. v - ";.."';"',.,;.'''" ,.'.,",....,._;'-..~.,'".'""''''''',!;.....;.ld.~~W._ ("'- ,"f' . t ..-"'" - . Complete items 1, 2, and 3. Also complete nem 4 W Restrieted Delivery is desired, . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpieee, or on the front If space permits. 1. Article Addressed to" m I+Gi9fe,e iAL .D;$7 f2 /t! T "]UD6l:1 f!tffl-t1Es r!LEIfl 40() bl2i/J:5-G 0/. t!JL/Je fljJ)v.J (! Ol1HU OlU5 su ire 3 J1J ~ ~,l1m I!Be{jtJlJl), jJ ft- 70 2, ArIlcIe Number rrnmsterfrom __ i PS Fonn 3811, February 2004 '71~~~7l.. D. Is delivery address different from item 1? If YES, enter delivery address below: $. Service Type ~lfIed Mall [J Expresa Mall o RegIstered ~um Recelpt.for Merchandise ',. D Insured Mail tJ C.O.D. 4. Restricted Oelivery1 (&tra Fee) 7003 2260 0001 8628 5321 Domestic Return Receipt Dves 102595-02-M-1540 . Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front n space pennits, 1. ArtIcle Addressed to: , FflllUJ!.. 1#1 JUlJfrU (J [) PeES, E /ECilTiUE J: IJfJ1lGE 'S ()/.. ttTiof/J5, -J-If)f! '61/0 ~TE6TRaT LGJfltJ VWS Pit- I1rPI3 2. Artlcte Number rrnmslerfrom_1abeI) , PS Fonn 3811, February 2004 A. S;gn~ X ~- B. Received by (Prlntsd Name) , j (I' ~/jC1/"' . Is delivery address different from Item 1? If YES. enter delivery address below: 3. SetvIceType Pi..certifled Mail 10 -Registered o Insured Mail DAgen! D Addressee D Exprees Mall OlRetum Receipt for Merchandise b C.O.O, 7003 2260 0001 8628 5314 4. Restricted OeIlvery? (&tra Fee) D Ves Domestic Retum Receipt 102595-02-M-1540 ~ V' ...... r"\ 0:> ~ ,r- f"::> ..." 7? ;2 t:> y:> o U"', EXECUTIVE IMAGE SOLUTIONS, INC" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v. PAUL F. ZANGER, Defendant No. 05-0808 Civil Term NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (800) 990-9108 EXECUTIVE IMAGE SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION v. PAUL F. ZANGER, Defendant No. 05-0808 Civil Term COMPLAINT Plaintiff, Executive Image Solutions, Inc" by its counsel, Keefer Wood ABen & Rahal, LLP, for its complaint against Paul F. Zanger, avers as follows: 1. Plaintiff Executive Image Solutions, Inc, ("EIS"), is a Pennsylvania corporation whose principal place of business is located at 840 State Street, Lemoyne, Cumberland County, Pennsylvania 17043, 2, Paul F. Zanger ("defendant" or "Zanger") is an adult individual who resides at 2006 Harvard Avenue, Camp HilI, Cumberland County, Pennsylvania 17011. 3. EIS is a supplier of business systems and office equipment. 4, From July 19,2004, until DecemberlO, 2004, for a period ofIess than five (5) months, Zanger was employed by EIS as Director, Digital Sales, 5. Before commencing employment with EIS, Zanger signed an employment agreement with ErS that included, inter alia, a provision that "[i]f employment ceases for any reason from 0-12 months, [Zanger] shall pay the employment agency fee of $8,000 back" to EIS. A true and correct copy of the agreement is attached hereto as exhibit A. 6. Defendant's employment agreement is a valid and enforceable contract under the laws of the Commonwealth of Pennsylvania. 7, On December 10,2004, Zanger voluntarily resigned from his position at EIS to accept a new position with another employer. 8, As a result of Zanger's resignation, his employment with ErS ceased less than twelve (12) months after it began, 9. Zanger, therefore, is obligated to reimburse EIS for its employment agency fee, in the amount of $8,000.00, in accordance with his agreement with EIS, 10. Zanger failed and refused, upon demand by EIS, to pay EIS the amount required under his employment agreement with EIS. 11, Zanger thereby breached his contract with EIS, 12. EIS has sustained damages as a proximate result of defendant's breach of contract, in the amount of $8,000.00, - 2 - WHEREFORE, plaintiff Executive Image Solutions, Inc, prays for judgment against defendant Paul F. Zanger in the amount of $8,000.00, plus pre-judgment interest at the legal rate on that liquidated amount, costs of suit; and such other and further relief as the Court deems fair and just. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: March 8, 2005 BY~' 21 0 Walnut Street P. O. Box l1963 Harrisburg, P A 17108-1963 7l7-255-8038 and Bradley A. Walker Suite 301 415 Fallowfield Road Camp Hill, PA 17011 717-612-5807 Attorneys for plaintiff - 3 - r' xl' J~_' \ \ ,..- \j\ July 9, 2004 Paul Zanger 2006 Harvard A venue CampHill.PA 17011 Dear Paul: I lIJT1 pleased to offer you the following position with Executive Image Solutions with a start date to be determined, POSITION: Director of Digital Sales responsible for supervision of sales staff. Inventory respor,sibility; hiring and training support; proTD<>tions .nd .bows profit accountability. Po.ition reports to the President. TRAINING: Executive Image Solutions will provide all training on all intemal a.pe<:ts of proce,jures, paperwork flow and opetlltioos at our company, Equipment knowledge and sales management skills are considered to be already acquired by you; this is the experience we are hiring, Certainly guidance and bell' will be provided so that your skills fit the company's goals and philosophy, BENEFITS: All benefits appl} according to Executive Image Solution's Corporate Policy, These benefits will be explained in full detail upon employment. COMPENSATION: Annual "alory of $50,000 paid according to company guideline., In addition, l% of gross sale" up to $100,000 in hardware sales; Minimum of 575,000; 1.5% from 5Joo,001 to 5150,000 in hardware sales; 2% over $150.000 in hardware s.les, This bonus is based on your sales group. Sales management is exempt from overtime. A non. competitive agreement must be signed prior to start date, CONDITIONS: Expense paid by IExccutive Image Solutions: 1. Cell phone 2, 5200 for expenses the first three months If employment ceases for any rea"on from 0-12 months, you shall pay the employment agency fee of $8,000 back; 13.24 months, $4,000 paid by you, and after 24 months, no charge. Paul, I feel very confident that all of us have made the right decision, I am looking forward to a long-tenn working rtlation.hip. F~ W. H~,~t..,-O Frank W. Mandalino President ~'~ p:;;ange r 75 Utley Drive . Camp Hill, P,", 17011' 717-441-5969. 1-888,441,5969. fax 717-441-4211 ~rized Konica Copier and Fac~imiic Dealer Exhibit A MAR-08-2005 12:56 7174414211 EXECUTIVE IMAGE SOL 7174414211 P.03 VERIFICATION The undersigned, FrlUlk W. Mandalino, hereby verifies lUld state9 that: 1. He is President of Executive Image Solutions, loc. ple.intiffherein; 1.. He is authorized tll make thLs verification on its behalf; 3. The facts set forth in the foregoing complaint are true and correct to the best of his knowledge, infol1Tlation, and belief; and 4, lie is aware that [!LIse statements herein arc made subject to the penalties of 18 Pa.C S. Sec. 4904, relating to l.lm.worn falsification to authorities. ~~4 FrilllJi: W, Mandalino Dated; March 8, 200S TOTRL P,03 CERTIFICATE OF SERVICE I, Donald M, Lewis Ill, Esquire, attorney for plaintiff, Executive Image Solutions, Inc., hereby certify that I have served the foregoing paper upon counsel of record this date by depositing true and correct copies of the same in the United States mail, first-class postage prepaid, addressed as follows: Matthew R. Gover, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PAl 7110 KEEFER WOOD ALLEN & RAHAL, LLP By ~iSIll Dated: March 8, 2005 (;;:;- ~/ (", l_..~ 1 C.J C',) r :- - EXECUTIVE IMAGE SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 05-0808 Civil Term PAUL F, ZANGER, Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: Executive Image Solutions, Inc, Clo Donald M, Lewis, III, Esquire KEEFER, WOOD, ALLEN & RAHAL 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof, Failure by you to do so may constitute an admission, Respectfully submitted, NEALON, GO ER & PERRY fi i' 1/ atth w R. Gover, Esquire 1.0.#:47593 2411 North Front Street Harrisburg, PA 17110 717/232-9900 By: Date: (1 ~5~ s--- , EXECUTIVE IMAGE SOLUTIONS. INC.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff NO. 05-0808 Civil Term PAUL F. ZANGER. Defendant CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes Paul F. Zanger, by his attorneys NEALON, GOVER & PERRY, and files the following answer: 1 - 4. Admitted. 5. Denied as stated. The agreement speaks for itself. 6. Denied, Paragraph 6 represents a conclusion of law to which no responsive pleading is required, To the extent it is deemed factual, it is denied that it is a valid and enforceable contract. 7. Admitted in part, denied in part, It is adrnitted that Zanger resigned from his position at EIS. It is denied that it was voluntary. Specifically, the working conditions were such that Zanger had no choice but to leave his employrnent. 8. Adrnitted. 9. Denied, It is denied that Zanger is obligated to reimburse EIS as the original agreement was unconscionable and EIS breached its obligations under the original agreernent. 10. Admitted. By way of further response, Zanger has refused to pay due to the nature of the agreement entered into between EIS and Zanger and his view that the contract was unconscionable. Further, that the conduct of EIS, specifically its principal, Frank W. Mandalino, was such that the original agreement was breached. 11. Denied. Paragraph 11 is a conclusion of law to which no responsive pleading is required. To the extent it is deemed factual, the defendant denies his breach as he contends the original breach was with EIS. 12. Paragraph 12 is a conclusion of law to which no response pleading is required, In further response, it is denied that damages in the $8,000.00 are appropriate under the circumstances, WHEREFORE, Paul F. Zanger, respectfully would request this matter be dismissed. NEW MATTER 13, Paragraphs 1 through 12 are incorporated herein by reference thereto. 14. It is averred that EIS through its conduct breached the agreement entered into by the parties in this matter. WHEREFORE, Paul F. Zanger, would respectfully request that this Honorable Court find that plaintiff breached the agreement or that it was unconscionable thereby denying the complaint for relief, Respectfully submitted, NEALON, GOVER & PERRY .1 By ,-_I .J; Matth w R, over, Esquire Attorney I.D. No. 47593 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: [1/ { 2j 10 S- VERIFICATION I, Paul F. Zanger, verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities, ~ Q"Q{~ PAUL F. GER Date: CERTIFICATE OF SERVICE AND NOW, this n day April, 2005, I hereby certify that I have seNed the foregoing Answer to Complaint With New Matter on the following by placing the same in the United States Mail, postage prepaid, addressed as follows: Donald M. Lewis, III, Esquire KEEFER, WOOD, ALLEN & RAHAL, LLP 210WalnutStreet, P.O, Box 11963 Harrisburg, PA 17108-1963 lle!!J ~{.. 4- / / }t1/l M tthew . Gover, Esquire n ~""',. ,,'-'-:) c.-:J ~" :;::,,:J C,C, .,,' :-,,:-, () -11 ,-4 ?::-~~9 r:-:? , .< C'-, - ~----- EXECUTIVE IMAGE SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v, PAUL F, ZANGER, Defendant No, 05-0808 Civil Term PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Executive Image Solutions, Inc., by its counsel, Keefer Wood Allen & Rahal, LLP, replies to the new matter asserted by defendant Paul F. Zanger, averring as follows: 13. Plaintiff incorporates here by reference the averments of paragraphs 1 through 12 of its complaint. 14. Denied, Plaintiff denies that it breached the agreement between the parties, WHEREFORE, plaintiff Executive Image Solutions, Inc. prays for judgment against defendant Paul F. Zanger in the amount of $8,000,00, plus pre-judgment interest at the legal rate on that liquidated amount, costs of suit; and such other and further relief as the Court deems fair and just. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: April 2r, 2005 Byd~"h>p _' 1/ Don' . ewis III 210 Walnut Street p, 0, Box 11963 Harrisburg, PA 17108-1963 717-255-8038 and Bradley A, Walker Suite 301 415 Fallowfield Road Camp Hill, P A 170 II 717-612-5807 Attorneys for plaintiff - 2 - RPR-25-2005 08:55 7174414211 EXECUTIVE IMRGE SOL 7174414211 P,02 VERIFICATION The undersigned, Frank W, Mandalino, hereby verifies and states that: 1, He is President of Executive Image Solutions, Inc, plaintiff herein; 2, He is authorized to make this verification on its behalf; 3 The facts set forth in the foregoing reply to new matter are true and correct to the best of his knowledge, information, and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec, 4904, relating to unsworn falsification to authorities. ~~~~ Frank W. Mandalino Dated: April ;.1%005 TOTRL P,02 CERTIFICATE OF SERVICE I, Donald M, Lewis III, Esquire, attorney for plaintiff, Executive Image Solutions, Inc., hereby certify that I have served the foregoing paper upon counsel of record this date by depositing true and correct copies of the same in the United States mail, first-class postage prepaid, addressed as follows: Matthew R, Gover, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PAl 7110 KEEFER WOOD ALLEN & RAHAL, LLP By /f~;;;r;,,<r.::>'.. ('/ onal , Lewis III / Dated: April 2.5 , 2005 C) c; ~> = = c-'"' ;po. -u :;0 o -.. ..... ~:T! ..,.,Fl :::.pQ (?(~ .""! ~} ;~~ ?;l ~::l ~ .< N 0' -n :X '-;'{ C.." -, .,...------ EXECUTIVE IMAGE SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v, PAUL F. ZANGER, Defendant No. 05-0808 Civil Term PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Donald M. Lewis III, Esquire, counsel for plaintiff in the above,captioned action, respectfully represents, as follows: 1. The above-captioned action is at issue. 2. The Claim of plaintiff in the action is $8,000,00 plus costs and interest. 3. There is no counterclaim. 4. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Donald M. Lewis III, Esquire, and Bradley A. Walker, Esquire, iattorneys for plaintiffs; and Matthew R. Gover, Esquire, attorney for defendant. 1 I WHEREFORE, petitioner prays that your Honorable Court appoint three arbitrators to whom the case shall be submitted. KEEFER WOOD ALLEN & RAHAL, LLP Dated: April 26, 2005 By 1:~~~-y;;~' z7j)~?"- . ewis III 210 Walnut Street P. 0, Box 11963 Harrisburg, P A 17108-1963 717-255-8038 and Bradley A. Walker Suite 301 415 Fallowfield Road CampHill,PA 17011 717-612-5807 Attorneys for plaintiff - 2- 1 CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, attorney for plaintiff, Executive Image Solutions, Inc., pereby certify that I have served the foregoing paper upon counsel of record this date by depositing true and correct copies of the same in the United States mail, first-class postage prepaid, addressed as follows: Matthew R. Gover, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 KEEFER WOOD ALLEN & RAHAL, LLP Dated: April 26, 2005 By ~=:;rl~ t . Lewis III n f'") I'> ( ~.-'t t -<.c.. ,'.,--' ,-'-' , 0 ..... ~_\ it V, ("1':: \) --"~ ~ 1 --:t. (j' \ -.;s- ::-0 --.C'l ~ -," ' W Vv ()') ..:::z ....() y r<' .c: ~ , \ / EXECUTIVE IMAGE SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v. PAUL F. ZANGER, Defendant No. 05-0808 Civil Term PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Donald M. Lewis III, Esquire, counsel for plaintiff in the above-captioned action, respectfully represents, as follows: I. The above-captioned action is at issue. 2. The Claim of plaintiff in the action is $8,000.00 plus costs and interest. 3. There is no counterclaim. 4. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Donald M. Lewis III, Esquire, and Bradley A. Walker, Esquire, attorneys for plaintiffs; and Matthew R. Gover, Esquire, attorney for defendant. ~ WHEREFORE, petitioner prays that your Honorable Court appoint three arbitrators to whom the case shall be submitted. KEEFER WOOD ALLEN & RAHAL, LLP Dated: April 26, 2005 By {~~~- P?~?'" . ewis III 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8038 and Bradley A. Walker Suite 30 I 415 Fallowfield Road Camp Hill, P A 17011 717-612-5807 Attorneys for plaintiff - 2- " CERTIFICATE OF SERVICE I, Donald M. Lewis III, Esquire, attorney for plaintiff, Executive Image Solutions, Inc., hereby certify that I have served the foregoing paper upon counsel of record this date by depositing true and correct copies of the same in the United States mail, first-class postage prepaid, addressed as follows: Matthew R. Gover, Esquire Nealon & Gover 2411 North Front Street Harrisburg, P A 1711 0 KEEFER WOOD ALLEN & RAHAL, LLP Dated: April U, 2005 By ~~.u:2 t . Lewis III t f', -l.Q. (j '" r-" ,::'~' ,J ...... I ~.-~ -.1 ~ ~-." j ~ ::::1 \) -< Hi -. -:? ~ 1 Cj\ '-j \ 1S"- ~ -tl . W l>-> ..:::z ....(J ~ G) ..c: r",,) "'\I --r "-> ~5 0 Cr1 _,,'11 :;:l ffi:D r- -tlm :~:~:jO ;~~ ~.~ 'e:~(~ -:.:. ~rn a ...-- EXECUTIVE IMAGE SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v. PAUL F. ZANGER, Defendant No. 05-0808 Civil Term ORDER AND NO'::', thi, r "'y of 'Iu r ' 20OS, ;" oo~,,=ti"" offu, within petition, 4i.ad.i40 ~~ eaU- ,ESquire,~<:t'->L. ~d.u / Esquire, and I . '{..LA-,u to qq.ulf 1/ , Esquire, are appointed as arbitrators in the above-captioned action. BY THE COURT: ~ P J. :lS :<; lid G\ - ,1 ii/.J ~nnz .'\ ~' ~''i ..",v J,~ _,'J EXECUTIVE IMAGE SOLUTIONS, INC. , In The Court of Common Pleas of Cumberland Plaintiff V. PAUL F. ZANGER, County, Pennsylvania No.~- 0808 CIVIL TERM Defendant Civil Action - Law. Oath We do solemnly swear (or affIrm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office ~:y~~ Signature Va1ttJtJ, ~I~~ Signature . . U 19nature Marlin R. McCaleb Name (Chairman) Law Offices - Marlin R. McCaleb Law Firm TIN: 23-2393754 2+9 East Main Street Addies::; Steven Howell Name Kara Haggerty Name I-Irv..-t t ILIr.- Pi Cr"'\ Law Finn AbDrn ~ Ku I-u Ja./<'/i., L L P. Law Firm 619 Bridge Street ' - ....__.__.._._--~--_.._. Address 36 South Hanover Street ~---_.__..~.._-_.._- Address Mechanicsburg, PA 17055 City, Zip Mew Cumberland, PA 17070 CarliSle, PA 17013 City, Zip City, Zip I 0<> ~ .:l.... II ~14- /1.33<=1 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), malce the following award: (Note: If damages for delay are awarded, they shall be separately stated.) t~e find in favor of the Defendant and against the Plaintiff. Date of Hearing: June 29, 2005 . Arbjtrator, dissents. (Insert name if applicable.) Date of Award: June 29, 2005 Now, the cS?0 day of entered upon the docket and notice , 20 0 ;-, at II "II ,fJ .M., the above award was e eof given by mail to the parties or their attorneys. Arbitrators' compensation to be 0("'10 , - By: ( Deputy (") ...., 0 = c = ." so: "'" ."00.' <- :r!:n 92rn c:: :JJ :z: ~Fii ~l,.. N Sib UJ",.~' .0 -<,: ~c.: :r:"'T~ j;; -0 o::D ZC) :x :z~ 5>2 0 ~ r- ~ .-<; " " ... ... , " . , ....... .~ -~ .;;. ( . \"