The URL can be used to link to this page

Home My WebLink About05-5139 THE LAW FIRM OF MAY & MAY, P.e. 4330 Carlisle Pike Camp Hill, PA J70n Phone: 717-612-0102 Fax: 717-612-0103 ROBERT C. MAY, ESQUIRE Attorney for Plaintiff, ID# 65602 REBECCA ERIKSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. DS'-S'139 C;L>~LT~ POMEROY IT SOLUTIONS, INC.: CIVIL ACTION - LAW DEFENDANT v. JURY TRIAL DEMANDED 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, P A 17013 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de p1azo al partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abodago y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, 1a corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la petie ion de demanda. Usted puede perder dinero 0 sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIA TAMENTE. SI NO TIENT ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, P A 17013 717-249-3166 THE LA WFIRM OF MAY & MAY, P.e. 4330 Carlisle Pike Camp Hill, PA 17011 Phone: 717-612-0102 Fax: 717-612-0103 ROBERT C. MAY, ESQUIRE Attorney for Plaintiff, ID# 65602 REBECCA ERIKSON PLAI NTI FF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 05- S131 {!;u,L~~ POMEROY IT SOLUTIONS, INC.: CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Rebecca Erikson, by and through her attorney Robert C. May, Esquire, and files this Complaint, as follows: 1. Plaintiff Rebecca Erikson is an adult individual who resides at 1098 Floribunda Lane, Mechanicsburg, PA 17055. 2. Defendant Pomeroy IT Solutions, Inc. is a Delaware business corporation qualified to do business in Pennsylvania with a registered address of 4349 Carlisle Pike, Camp Hill, PA 17011. 3. On January 1,2005, Plaintiff Rebecca Erikson began employment with Defendant Pomeroy IT Solutions, Inc. pursuant to its acquisition of her prior employer. 4. Plaintiff Rebecca Erikson's employment position consisted of managing recruiters who recruited and placed IT personnel for the Defendant Pomeroy IT Solutions, Inc. 5. During the relevant time period, Plaintiff Rebecca Erikson managed six recruiters constituting the Central Region as follows: 1. Susan Kovach: $ 878,519.00 2. Patrick Boyce: $1,415,236.00 3. Jamie Walters: $ 337,275.00 4. Kim Jirsa: $2,262,612.00 5. Bill Hohn: $ 375,520.00 6. Susan Comeau: $ 441,355.00 1. Susan Kovach 2. Patrick Boyce 3. Jamie Walters 4. Kim Jirsa 5. Bill Hohn 6. Susan Comeau 6. Plaintiff Rebecca Erikson received a base salary and was eligible for incentive compensation if she met certain goals set by Defendant Pomeroy IT Solutions, Inc. 7. Defendant Pomeroy IT Solutions, Inc. established recruiting and placement goals for Plaintiff Rebecca Erikson's team of recruiters to meet in order for her to earn incentive compensation on a quarterly basis, as set forth and attached hereto as Exhibit A, whereby she would earn for the period January 1 - March 31, 2005: (a) $6,000.00 if her Region's Staffing Revenue exceeded $4,200,000.00; (b) $6,000.00 if her Region's Staffing Gross Profit Margin was more than 32%; and (c) $6,000.00 if her Region's Fill Rate was more than 26%. 8. Plaintiff Rebecca Erikson's Region's Staffing Revenue for the relevant period for the Central Region, consisting of the six (6) recruiters who were directed by her was $5,710,517.00, as set forth below and as attached hereto as Exhibit B-1, earning her $6,000.00 pursuant to Defendant Pomeroy IT Solutions, Inc.'s stated criteria; such Staffing Revenue consisting of: (b) Actions by an employe, or party to whom any type of wages is payable to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction, by such party to whom any type of wages is payable or anyone or more employes 9. Plaintiff Rebecca Erikson's Gross Profit Margin as stated by Defendant Pomeroy IT Solutions, Inc. for the relevant period was 39%, as set forth in a spreadsheet prepared by Defendant Pomeroy IT Solutions, Inc. and attached hereto as Exhibit B-2, earning her $6,000.00 pursuant to Defendant Pomeroy IT Solutions, Inc.'s stated criteria. Plaintiff Rebecca Erikson's Fill Rate for the relevant period as stated by Defendant Pomeroy IT Solutions, Inc. for the relevant period was 28%, which is also set forth in Exhibit B-2 hereto, earning her $6,000.00 pursuant to the Defendant Pomeroy IT Solutions, Inc.'s stated criteria. 10. Defendant Pomeroy IT Solutions, Inc. refused to pay Plaintiff Rebecca Erikson's incentive compensation upon demand by her for said incentive compensation in April 2005. 11. After numerous attempts by telephone, email correspondence and facsimile correspondence by Plaintiff Rebecca Erikson to secure her earned incentive compensation, Defendant Pomeroy IT Solutions, Inc. paid only $2,800.00 in mid June, 2005. COUNT I VIOLATION OF WAGE PAYMENT AND COLLECTION LAW 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. The Pennsylvania Wage Payment and Collection Law (WPCL) at 43 P.S. Sec. 260.9a(b), Act of 1961, P.L. 637, No. 329 provides: COUNT II BREACH OF CONTRACT for and in behalf of himself or themselves and other employes similarly situated, or such employe or employes may designate an agent or representative to maintain such action or on behalf of all employes similarly situated. Any such employe, labor organization, party, or his representative shall have the power to settle or adjust is claim for unpaid wages. 14. The facts describe acts of the Defendant Pomeroy IT Solutions, Inc. which violate the Wage Payment and Collection Law. 15. Plaintiff Rebecca Erikson is entitled to the amount of unpaid wages, and liquidated damages as authorized by Section 10 (43 P.S. Sec. 260.10) of the Wage Payment and Collection Law, and attorneys fees and costs as authorized by Section 9.1 (f) (43 P.S. Sec. 260.9a (f)) of the Wage Payment and Collection Law. WHEREFORE, Plaintiff Rebecca Erikson respectfully requests this Honorable Court enter judgment for her and against Defendant Pomeroy IT Solutions, Inc. in the amount of $15,200.00 plus liquidated damages as required under the Wage Payment and Collection Law plus mandatory attorneys fees and costs as required under the Wage Payment and Collection law, and further award interest, and whatever further relief this Honorable Court deems just and proper. 16. Paragraphs 1 through 15 are incorporated fully herein by reference. 17. The facts described above constitute a breach of contract for which Plaintiff Rebecca Erikson is entitled to relief. THE LAW FIRM OF MAY & MAY, P.C. 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 (717) 612-0102 Attorneys for Rebecca Erikson By 1Aw c, il&? Robert C. May ./ Identification No.: 65602 WHEREFORE, Plaintiff Rebecca Erikson respectfully requests this Honorable Court enter judgment for her and against Defendant Pomeroy IT Solutions, Inc. in an amount of $15,200.00, and further award interest and costs of suit, and whatever further relief this Honorable Court deems just and proper. COUNT III UNJUST ENRICHMENT 18. Paragraphs 1 through 17 are incorporated fully herein by reference. 19. The facts described above constitute, in the alternative to breach of contract, unjust enrichment for which Plaintiff Rebecca Erikson is entitled to relief. WHEREFORE, Plaintiff Rebecca Erikson respectfully requests this Honorable Court enter judgment for her and against Defendant Pomeroy IT Solutions, Inc. in an amount of $15,200.00, and further award interest and costs of suit, and whatever further relief this Honorable Court deems just and proper. Respectfully Submitted: DATED: October 3, 2005 ~ < \ ~ ..c . . >-\J .J .. -...: ~ /~ t ~ - 1. Target Region's Staffing Revenue goal was $4,200,000.00 EXHIBIT A PLAINTIFF REBECCA ERIKSON'S TEAM RECRUITING AND PLACEMENT GOALS SHOWING THAT: For the highest amount of incentive compensation available: 2. Target Region's Gross Profit Margin was 32%; and 3. Target Region's Fill Rate was 26%. MSN Hotmail - Message f"~~S~\.:; H(}r~e; t'.';\:" l~/(S~'~~ Hotrn.ail Shopping t;[~on2V ( Peop~€ g; Chnt Sign Out ...-....- ~t "' -~":; ,!; cHI Tftday fv~?!H Ca~endor (o-ntacts Page 1 of 3 ,.~ ..- -- - --'- ~'l-:~(:; i-~i , Go From: Sent : To: Subject : .....I./I)<;ICiiI IlG1I <:) Reply I <> Reply All I ;;> Forward I )c: Delete I ~ Junk I ,~ Put in Folder.. I -b, Print View I .~ Save Address F::'~:10 \":,e\'!~;iette(:-::: Kristi Nelson <KNelson@pomeroy.com> Monday, August 1, 20059:22 PM <rerikson@hotmail.com> RE: Update Yes, as a matter of fact, I do. Thank you for following up. I intended to follow up with you earlier in the day, but my schedule took on a life of its own. Below is a summary of the criteria/benchmarks for the quarterly bonuses that you were eligible for under your pay plan. In addition, I have provide the rationale used by management in determining what amount, if any, was due and owing to you under the applicable bonus provision. Once you have had an opportunity to review the information provided in this e-mail, please let me know if you have information that is contrary to what I have been provided in my review process thus far. Quarterly Bonus based on Regions Staffing Revenue > 2.6 million in sales $2,500; or > 3.4 million in sales = $4,000; or > 4.2 million in sales = $6,000. **Note: Sales targets will be adjusted based on salaries of assigned recruiters. Quarterly Bonus based on Regions It is my understanding that you were paid $2,500.00 for meeting the first bar of this bonus provision. Staffing GPM > or equal to 27 % > or equal to 30 % > or equal to 32 % $2,500; or $4,000; or $6,000. It is my understanding that overall GPM was below 27% so no cash bonus was due to you under this provision. However, you were paid a discretionary bonus of $300.00. Quarterly Bonus based > or equal to 18 % > or equal to 23 % > or equal to 26 % on Fill Rates $2,500; or $4,000; or $6,000. of Reqs It is my understanding that you did not qualify for a bonus under this provision because the region that you supported did not achieve a successful placement rate. Again, if you have information that is contrary to what has been provided to me, please feel free to share it with me so that I can do a http://byl08fd.bayl08.hotmail.msn.com/cgi -binlgetmsg?msg=D73 3 704A - F05C-40EO-88E... 8/23/2005 MSN Hotmail - Message Page 2 of3 comprehensive review of this matter (ie: the spreadsheets and e-mails referenced in your 7/18/05 e-mail to me) . Kristi P. Nelson Vice President & Legal Counsel Pomeroy IT Solutions, Inc. 1020 Petersburg Road Hebron, Kentucky 41048 (859) 586-0600 ext. 1496 fax (859) 334-5490 The information contained in this message may contain privileged and confidential information and is intended only for the internal company use of the individual or entity narned above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any examination, distribution or copying of this communication is strictly prohibited. Furthermore, any and all recipients of this message are prohibited from engaging in the unauthorized dissemination of the information contained herein to person(s) outside the company. If you have received this communication in error, please notify sender immediately. >>> "Rebecca Erikson" > 8/1/2005 4:47 PM >>> Good Afternoon Ms. Nelson: I am checking in with you as it has been a week since our last communication. Do you have a status update for me? Thank you! Becki Erikson >From: "Kristi Nelson" < >To: < > >Subject: Update >Date: Mon, 2S Jul 2005 15:29:33 -0400 > >Ms. Erikson - > >Just a quick note to give you an update. I don't have a firm response >for you yet, but I have reviewed the string of e-mails that you sent >over and I am reaching out to the folks who were involved in this matter >to get more information. I will be in touch as soon as I have more >information. > >1 realize that you have been patient... but I do request your >additional indulgence while I research this matter. > >Thanks. > >Kristi P. Nelson >Vice President & Legal Counsel >Pomeroy IT Solutions, Inc. >1020 Petersburg Road >Hebron, Kentucky 41048 >(859) 586-0600 ext. 1496 >fax (859) 334-5490 > > >The information contained in this message may contain privileged and http://byl08fd.bayl08.hotmail.msn.com/cgi-bin/getmsg?msg=D733704A -F05C-40EO-88E... 8/23/2005 MSN Hotmail - Message Page 3 of3 >confidential information and is intended only for the internal company >use of the individual or entity named above. If the reader of this >message is not the intended recipient, or the employee or agent >responsible to deliver it to the intended recipient, you are hereby >notified that any examination, distribution or copying of this >communication is strictly prohibited. Furthermore, any and all >recipients of this message are prohibited from engaging in the >unauthorized dissemination of the information contained herein to >person(s) outside the company. If you have received this communication >in error, please notify sender immediately. 010 I ::;> ....1 ..... I X I CiI I~ C:;iet the f~~te=:'t up,dat0~s frorn rJfSN MSN Home Ny MSN ! Hotmail i Se<:rch ! Shopping ! Money i People 8< Chat ~~005 !'.'HC(\)soft. TEF~f':fS OF USE AdvertJse TRUS:Te ,L.,DprDved pr'ivacy 5taternenr ,L,nt.!-Sp0fTl Polk:")' http://byl08fd.bayl08.hotmail.msn.com/cgi-binlgetmsg?msg=D733 704A -F05C-40EO-88E... 8/23/2005 . \ 6/ X \v\ \" ~ J~~ ~0 ~ - <:l . EXHIBIT B-1 PLAINTIFF REBECCA ERIKSON'S TEAM RECRUITING AND PLACEMENT RESULTS SHOWING THAT: 1. Actual Region's Staffing Revenue was $5,710,517.00 Year: 2005 -\\. ~~ ~~ Recruiter Bonus Plan Award Submittal Recruiting Director: Rebecca Erikson Bonus Eligible Amount: $1500 Recruiting Director Signature : _Rebecca Eikson Name: Susan Kovach Region: Central Quarter: Ql Goal Monthly Revenue Tar et Net Mar in Goal Fulfillment % Goal SLA Goal A ward Pi eline Goal Award Participation Award TOTAL AWARD Recruiter Signature: Approved: Dollar Value of Award 750 150 300 75 75 150 $1500 10% 20% 5% 5% 10% 100% . ...~ <J.',~ Recruiter Bonus Plan Award Submittal Name: Patrick Boyce Region: Central Recruiting Director: Rebecca Erikson Bonus Eligible Amount: $1500 Quarter: Q1 Goal Monthly Revenue Target Net Margin Goal Fulfillment % Goal SLA Goal A ward Pi eline Goal A ward Participation A ward TOTAL AWARD Recruiter Signature: Year: 2005 4f?'/"- ~~ Recruiting Director Signature: Approved: Actual Goal Achieved 1,415,236 % of Bonus Amount Awarded 50% Dollar Value of Award 750 10% 20% 5% 5% 10% 100% 150 300 75 75 150 1500 Rebecca Erikson Recruiter Bonus Plan Award Submittal Name: Jamie Walter Region: Central Recruiting Director: Rebecca Erikson Year: 2005 ';-,,\', ' . Gf',' ':,~,.- '1 ~ Bonus Eligible Amount: $1500 Quarter: Ql Goal Monthly Revenue Target Net Mar in Goal Fulfillment % Goal SLA Goal Award Pi eline Goal A ward Participation A ward TOTAL AWARD Recruiter Signature: Recruiting Director Signature: Approved: Assigne .:~ Actual Goal Goal Achieved Amo 475,00 . % of Bonus . Amount . Awarded ,; 0% 10% 20% 5% 5% 10% 50% Rebecca Erikson Dollar Value of A ward o 150 300 75 75 150 $750 Recruiter Bonus Plan Award Submittal Name: Kim Jirsa Region: Central Recruiting Director: Rebecca Erikson Bonus Eligible Amount: $1500 Quarter: Ql Goal Monthly Revenue Target Net Mar in Goal Fulfillment % Goal SLA Goal A ward Pipeline Goal Award Participation A ward TOTAL AWARD Recruiter Signature: Year: 2005 -- \; '<i' .,~ % of Bonus 't '\ Amount ; A warded /50% 10% 20% 5% 5% 10% 100% Assigned ,Actual Goal Goal ~ Achieved Amount . 650,000' 2,262,612 Recruiting Director Signature : _Rebecca Erikson Approved: Dollar Value of A ward 750 150 300 75 75 150 $1500 Monthly Revenue Tar et Net Margin Goal Fulfillment % Goal SLA Goal A ward Pipeline Goal A ward Participation A ward TOTAL AWARD ! % of Bonus . Amount :'" Awarded 0% Dollar Value of Award Recruiter Bonus Plan Award Submittal Name: Bill Hobn Region: Central Goal Assigned j Actual Goal Goal Achieved Arnoun ; 500,00 " IJ..'\ ~ _II L ..-'.....', i,"';L "..~ Recruiting Director: Rebecca Erikson Bonus Eligible Amount: $1500 Quarter: Ql Year: 2005 o 10% 20% 5% 5% 10% 53% 150 300 75 75 150 $750 Recruiter Signature: Recruiting Director Signature: _Rebecca Erikson Approved: Recruiter Bonus Plan Award Submittal Name: Susan Comeau Region: Ccntral Y car: 2005 (:;L.'..." '';-:;'}i.'. '.... .\1.'.... .!...... ...~....." , . .' A") :' -,' , , . . Recruiting Director: Rebccca Erikson Bonus Eligible Amount: $1500 Quarter: Q1 Goal Monthly Revenue Target Net Margin Goal Fulfillment % Goal SLA Goal A ward Pipeline Goal A ward Participation A ward TOTAL AWARD Recruiter Signature: Assigne Goal Arno 600,0 '0 150 300 75 30 150 $705 10% 20% 5% 2% 10% 470/0 Recruiting Director Signature: Approved: Rebecca Erikson ", Dollar Value of Award o ~ . ,,) {9' .x '\J' \:--.,\ f ~ . EXHIBIT B-2 PLAINTIFF REBECCA ERIKSON'S TEAM RECRUITING AND PLACEMENT RESULTS SHOWING THAT: 2. Actual Region's Gross Profit Margin was 39%; and 3. Actual Region's Fill Rate for the relevant period was 28% I Rebecca /""agCl I I From: To: Date: Subject: Mark Demeo Use Thorup; Mary McCarthy; Rebecca Erikson; Tricia Armitage 4/22/2005 1 :54:03 PM Fwd: New 1st quarterRD placements report These are the numbers that the system spit out. We used 35% margin if the bill rate was 0 dollars. Also we used the name of 1 of you, so if multiples, it would just pick up 1. On reqs with multiple numbers, if anyone was placed against the req was counted I Rebecca Erikson - New 1st quarterRD placements report /"'ag~ From: To: Date: Subject: Karen Lynch Mark Demeo 4/22/2005 1 :03:21 PM New 1 st quarterRD placements report Karen Lynch Senior Consultant Pomeroy IT Solutions (704) 527-3733 ext. 289 Fax (704) 527-8755 www.pomeroy.com Recruiting Director Thorup, Lise S Armitage, Tricia Erikson, Rebecca McCarthy, Mary Job Orders % Filled GPM Rate 164 28.66% 34.00% 31 16.13% 27.00% 50 28.00% 39,00% 51 13.73% 37.00% 't VERIFICATION I, Rebecca Erikson, verify that the facts contained in the foregoing Complaint of Plaintiff, Rebecca Erikson, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /0 ._ ~ft-;;{ ~/'---- Rebecca Erikson Robert C. May, Esquire CERTIFICATE OF SERVICE I, Robert C. May, Esquire, an attorney with The Law Firm of May & May, P.e., hereby certifY that I have served a true and correct copy of the foregoing COMPLAINT on behalf of the Plaintiff, Rebecca Erikson, by depositing a true and correct copy of the same in the United States mail, postage prepaid, certified with return receipt requested, addressed as follows: Kristi P. Nelson, Esquire Vice President & Legal Counsel POMEROY IT SOLUTIONS, INC. 1020 Petersburg Road Hebron, Kentucky 41048 ROBERT e. MAY, ESQUIRE Dated: October 3,2005 .-=! U"l CJ .-=! <0 <0 CJ IT1 U.S. Postal Servicen1 CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ ~.:-:; 'I::~ ( GF""F'-" ,~. ". ,~. , , ',". .. ,- -" w' u ., , , I",ji :;'~ ,'~-- :-, j;,,'" -",,'. --'-"'1 ru CJ D Return Receipt Fee CJ (Endorsement Required) CJ Restrtcted Delivery Fee ..n (Endorsement Required) .-=! .-=! Total Postage & Fees $ Certified Fee U"l CJ ~ent To ~ fi s. CJ (1f>.~.!:_&'=~-~:J*-~':/!..":.{~_~n-;____~-~-i..t1r._-~tif....~"Yf;t. I"'- Street, Apt. No.; R. l}:.':.c:_~.~':.'_n..!.~.?:Q_.n~-i~(..$..6._I:!:I;j_._.._l?_rd.____n._.._.____.m__ City, State, ZtP+4 , J L 1/ I) II 1/' rrerJi-Cn "" 7/C-r~ . . ;... - II - -. . . . ^i ~ ~ t-,,) n ~ (-~:~ ~~,.~: 1 0 ,:,:",,:) .1 (._J~' 0 -1 - -,- C) ll;TI ~ ~ ---"I 8 U( I - <J ~ C> w .....c ,~) rY ~ --; Lv G- -"'.... "'~l -- ,'n ~ ; - r ~. .. :2 <'".-~ ~ N ~ . . REBECCA ERIKSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff v, NO. Of; - .5'139 {!iUlL /WLY>'\ POMEROY IT SOLUTIONS, INC. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PLEASE enter our appearance on behalf of the defendant, Pomeroy IT Solutions, Inc, ("Pomeroy"), reserving however our rights to answer or otherwise respond to the pleadings, HAWKE MCKEON SNISCAK & KENNARD LLP ~ J ./ 2)-Q JIv~L By: Steven D. Snyder (j Attorney LD, No. 34344 Hawke McKeon Sniscak & Kennard LLP 100 North Tenth Street PO Box 1778 Harrisburg, PA 17105-1778 Telephone: 71 7-236-1300 Facsimile: 71 7-236-484 I E-mail: sdsnyder@hmsk-Iaw.com Attorneys for Defendant Pomeroy IT Solutions, lnc, DATED: November 15,2005 . . CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below. Via First Class Mail: Robert C. May, Esquire May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011 hJP/(lAk~ Steven D. Snyder (J DATE: November 15,2005 ------ n c, ~j -'.;. (.,) " "J '.-:-<' C CJ REBECCA ERIKSON PLAINTIFF IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v. NO, 2005-05139 POMEROY IT SOLUTIONS, INC,: CIVIL ACTION - LAW DEFENDANT PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned action as settled, satisfied, discontinued, and ended with prejudice. Respectfully Submitted: THE LAW FIRM OF MAY & MAY, P,C, 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 (717) 612-0102 Attorneys for Rebecca Erikson By: ~M:J L. 1'M"1 Robert C, May, EsquUe Identification No.: 65602 DATED: k 6r~~W'i 1 (2()(j~ . CERTIFICATE OF SERVICE I, Robert C, May, Esquire, an attorney with The Law Firm of May & May, P.C., hereby certify that I have served a true and correct copy ofthe foregoing PRAECIPE on behalf of the Plaintiff, Rebecca Erikson, by hand delivering the same to: Steven D. Snyder, Esquire Hawke, McKeon, Sniscak & Kennard LLP 100 North Tenth Street Harrisburg, P A 17101 ROBERT C. MAY, ESQUIRE Dated: re'rrj 9 ( 2006 Signature: ~J {, ~~ Robert C. May, Esquire C) .','" -l-l .';1 ,-1 !~j"~ :r; >..~... , C') C,) , , f'"J :::J 1'..) .<