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Home My WebLink About06-0409 \. JUDICIAL DISTRICT NOTICE OF APPEtL FROM i DISTRICT JUSTICE J/U.Dt:EL~~ COMMON PLEAS No. /.t.-- CdMMONWIALTH Of PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL No~ce is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment re ered by the District Justice an the date and in the case mentioned below. NAME OF APPeLLANT MAG. DlST. NO. 0 NAME OF OJ. Creative Distribution Incor rated and flnil Hoffman ADDRESS OF APl'f:I.1.ANT CITY 09 1 01 Charles A Clement Jr. STA ZPC 625 Hamilton street, Suite 1 ~TE OF AlDGMENT IN THE CASE OF (Plaintiff) Carlisle 17013 1 2 22 2005 ClAIM NO Ke stone Staffin ("""""""i CV OOOOfiR7 0') LT This block will be signed ONLY when this nota~an is required under Pc. R.CP JP. Nc. 1008B. This Notice of Appeal, when received by the District Justice, will operate as 0 SUPERSEDEAS to the judgment for possession in this case. l.:st- Signature of Prothonotary or Deputy If appellant was CLA MANT (see Pa. R.CP.JP. No. 1001(6) in action fore District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE T FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. HC.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be seNed upon appellee), PRAECIPE: To Prothonotary Enter rule upon Keystone Staffing Services, Inc. Name of aweflee(s) (Common Pleas No. 0 tf - Y () l) Q.u;; 1 T LA~ . appellee( ). to file a complaint in this appeal RULE: To Keystone Staffing Servicesr Inc. Name of appellee( s) . appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty ( 0) days after the date of service of this rule upon you by personal service or by certified or registered moiL (2) ~ you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAI ~ 01 ~ ex Deputr (3) The date of _vice of this rule if service wos by mail is the date of mailing. Date: 0..<; ~. ;2m:~ COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF NOTICE OF APPEAL AND COMMONWEALTH OF PENNSYLVANIA COUNTY OF . 55 (--~ 0 ~ -q - ;; r J\' "- t',' -r. C) -, .4.. -4 "" .. '" IN ~ '" -- "" .. \" Jv C) "'- t'''', J~ <::;' Mag. Disl NO.: 09-1-01 Ul' I NOTICE OIF jb6~rrRANSCRIPT PLAINTIFF', CIVIL CASE NAME ana ADDRESS lJDgySTONE STAFFING SERVICES IRC I 360 KAUET STREET LEMOYNE, :E'A. 17043 . ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND MOJ Nal'T'.e: Hon. CBAF.LES A. CLEMENT, JR Ad""" 400 Bll.XDGE ST OLDE TOWHE COMMONS -SUXTE 3 NEW CUMBERLAND, P A T.lephon' (717) 774-5989 17070 L .J JAHES G. MOll.GAN 111 If Fll.ONT ST PO BOX 889 HARll.ISBURG, PA 17108-0889 Docket No.: Date Filed: NAME and ADDRESS TIVE DXSTll.IBUTXOi ET APT/STE 1 3 ATTORNEY DEF Pll.IVATE : DEFENDANT: rEMILY B01!'P'MAlIT/ 625 HAMILTON S CARLISLE, PA 171 L .J - THIS IS TO NOTIFY YOU THAT: Judgment: DR1!'AULT JUD~R1II'1' PI [iJ Judgment was entered for: (Name) lrRV!'l'l'nNll' !'l......"....T1a~ c [iJ Judgment was entered against: (Name) _Tr.Y 1m."....'''"'..... I ('1;!RA'I' in the amount of $ ? 1'10 ..0 on: (Date of Judgme,nt) o Defendants are jointly and severally liable. D Damages will be assessed on: (Date &. Time) Post Judgment Post Judgment $ 6.000.00 $ 145.50 $ 120.00 $ 865.00 $ 7.130.50 o This case dismissed without prejudice. Amount of Judg Judgmemt Costs Interest on Judg ent Attorne f Fees Total O Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ $ $ --------- --------- Certified Judg ANY PARTY HP's THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FiLl G A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF lliE COURT OF COMMON PLEAS, CIVIL DIVIS,IOI'!" OU MUST INCLUOE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH YOUR NOTld, DE;. PP.EAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISIEFtlAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, A~L F R1;HER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSlj.ED BY THE I'-GISTERIAL DISTRICT JUDGE. UNLESS lliE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED,!N tiE JUDC)MENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF'TI-IE JUDGM NT DEBTOR PA YS IN FULL, SETTLES. OR OTHERWISE COMPLIES Willi THE JUDGMENT. 1 ?/:tZ./05 Date .~- ~..tt.:'.:,""i,.;:...;:j :'.~ . ,Magisten I District Judge Date , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing \ e judgment. My commission expires first Monday of January, 2008 AOPC 315.05 DATE PRINTED: 12/2,2/05 9:10:59 AM -." ", '" ,- '~':>p,.'r,,,,... 'j:' ,-",- ""~'" _rrr~'-"-","Tl';F;'''':"'''' PROOF OF NOTICE OF APPEAL AND RU TO FILE COMPLAINT COMMONWEALTH OF PENNSVLVANIA . COUNrI Cu "1/' \nw tCt ...-.):- 55 ~b -00409 :I:olhcd" :'<ifl C. hii,'I,8'rili~"li ~d,.ddrd ro?,' bi.,'I~I'I'd;J. ("finl", 2,b""'J5"XI .. "'j!.' , ,.-'w"-',"~','Y;v'-' L:J c' ~:~-c' """.l'!"""~ _j'C", jL(>. ~s ~t_ .z.tJl. tifi~ ''';;>t3!Y1'C€S" ,1(l.C-r personal ~ by \ (feg~st~; (naY sender's receipt attached ~,i~ a ccn,1,.plaint,ac,con,:ipanY,lnQ " !iJollce 01 upoo :he 8PPOlleel',) to 1;2.3 , 0.&. ~ ~i~~ on ,AF;:iF:MEU ~;u3;:;CRib[:[; kD& ~f^r)jlft 2.QOtJ; r,' "~l,l 'li ii ., I., ..' IVi'ihi, .." IYMKI";fl<<1':l"ij)~111:: ...--, , 0/Vj, V; Ii - r;:~ ~d ->~ ,1-,." ~":l,.. "/ r-, ,..." r' '-;::-' C) c::-:> " o;.r. <- :::$ ...,-- fil r.,. ~ C~) f',.~ , C.'.i O::-~~. \", ' . l-' CJ !'I~~;:'lt~J_I...r.h'ljll!'II[,;,.jn\.'l'l. jol;Jllr:T:'\. , . "',I'j",'/I(o-I'",-"" u.s. Postal Service," CERTIRIED MAil," RECEIPT (Domestic II Only; No Insurance Coveraga Provided) o C'" C" en I ---..J IT' I1.J .-'I ~ r:;rc."I"''''A!1 C" '---r;- ~ U1 Po:~tage I $ .. ~ C.rtif'e<! Fe. t ~ Return Recle~,t ree o {Endorsement Required} ____~ D Restricted Dallverf Fee , ,....., ~Endorsement ReqlJired) I ~ Total Postage & Fees I $ 4 .to 4 CTl ~ :~. 0' citY--s ormation visit our webslte at www.usps.COI1.t@ Postage $ ~ Certified Fee o o Retum RecJepl Fee o (Endorsement Required) D Restricted Delivery Fee r=I (Endorsement Required) .-'I m Total Postage & Fees CTl o o C" Postmark HOC:\t\2 ~.t?\ Postmark Here ~t~\\\j PS Form 3600 June 2002 COMMONWEALTH Of PENNSYLVANIA COURT Of COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT 1_ ].{;.ol..- d. ._'ft)q Ct..., 1i~~ COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgffil:!lnt rendered by the District Justice on the dale and in the case mentioned below. OJY C' NO O' NAME Of OJ STATE NAME OF APPELLANT .':\ ADORESS OF APPElLANT zr coOt: DATE OF JlA)GN,fNT IN THf CASE OF (Plaintiff J {DefendlJll/ J QAIM NO , "" NATUR Of APPELLANT HIS ATTORNEY OR A CV lT This black will be ~gned 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 os a SUPERSEDEAS to the judgment for possession in this case , .Lt\ '01 , Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.GP.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 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 .-"*-e ICommon Pleas No. Name of appellee{ s) ) within twenty (20) days a~r:.<68(yice of rule or suffer entry of judg,ment of non pros. . appellee{s), to file a complaint in this appeal ,/i", 'J"f\ ~'. Signature of appel/art or hiS attorney or agent RULE: To. ';, , ,i .~, '; \ 'j) "ji Name of appeJ/fffl( s) . appeIlee(s). (1) You are notified that 0 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 moil (2) If yau do. ,not file a complaint within this time. a JUDGMENT OF NON PROS Will 8E ENTERED AGAINST YOU. (3)..!t""dale of service af this rule if service was by mail is the date af mailing. ~: " . /", , ~i." ,. Signarure of _ Of Dsputy AOPC 312-90 COURT FILE -"_. .~, .. ~- - ." Johnson. Duffie, Stewart & Weidner By: David W. Deluce 1.0. No. 41687 301 Market Street P. O. Box 109 lemoyne, Pennsylvania 17043-0109 (717) 761-4540 dwd@jdsw.com Attorneys for Plaintiff KEYSTONE STAFFING, SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06-409 CIVil TERM CIVil ACTION - LAW CREATIVE DISTRIBUTION, INC. AND EMilY HOFFMAN, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya, Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sum a de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DE BE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 :269367 Johnson. Duffie, Stewart & Weidner By: David W. DeLuce 1.0. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 dwd@jdsw.com Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-409 CIVIL TERM v. CIVIL ACTION - LAW CREATIVE DISTRIBUTION, INC. AND EMILY HOFFMAN, Defendants COMPLAINT 1. The Plaintiff, Keystone Staffing Services, Inc., is a Pennsylvania corporation with a principal place of business at 360 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, Emily Hoffman, is an adult individual with a business address of 625 Hamilton Street, Suite 1, Carlisle, PA 17013. 3. The Defendant, Creative Distribution, Inc., is a Pennsylvania corporation with a business address of 625 Hamilton Street, Suite 1, Carlisle, PA 17013 4. On or about June 27, 2005, the Defendant, Emily Hoffman, contacted the Plaintiff and requested Plaintiff's assistance in finding two different employment positions: (1) an outside sales representative and (2) an office manager. 5. Defendant Hoffman was believed to be acting as an agent for Defendant Creative Distribution. 6. Defendant Hoffman indicated she wanted these candidates to be on Plaintiff's payroll initially before she would commit them to her payroll. 7. Based on this discussion, it was agreed the parties would proceed on a temp-to- hire basis in which the person would be employed by Plaintiff while performing services for Defendant Hoffman and/or Defendant Creative Distribution. 8. On June 27, 2005, Plaintiff faxed a copy of its Pledge and Guarantee, a document providing an overview of services, payment terms and fee schedule for placement fees. Attached hereto as Exhibit A is a true and correct copy of said Pledge and Guarantee. 9. Based on the orders placed by Defendant Hoffman, Plaintiff began working to find qualified candidates for two (2) open positions and faxed several resumes of select candidates to Defendant Hoffman for her consideration. 10, Based on resumes forwarded by Plaintiff to Defendant Hoffman, Defendant Hoffman interviewed five (5) persons for the Office Manager position and interviewed Barbara Moran for the position of outside sales representative on July 14, 2005. 11. After the aforesaid interview, Defendant Hoffman contacted Keystone on July 14, 2005 indicating she wanted to hire Barbara Moran for the outside sales representative position and wanted her to start on August 22, 2005 on a temp-to-hire basis paying $25,000 annually plus commission. 12, Relying on this authorization from Defendant Hoffman, Plaintiff contacted Barbara Moran and made the offer of employment on these terms and conditions. 2 13, On that same date, Barbara Moran accepted the offer with the understanding that she would commence employment for Defendant Creative Distribution on August 22, 2005 on a temp-to-hire basis. 14. At the time the order was placed by Defendant Hoffman, the hourly rate for Barbara Moran as a temp-to-hire was negotiated at $18.92 per hour to be paid to Plaintiff for the outside sales representative position and the candidate would be paid $12.00 per hour by Plaintiff, plus commissions earned would be paid directly by Defendant Hoffman and/or Defendant Creative Distribution to Barbara Moran. 15. On August 22, 2005, Plaintiff contacted Defendant Creative Distribution for an arrival check for Barbara Moran and was told by the person who answered the phone that yes, Barbara Moran had arrived and was there for work. 16. Subsequent telephone calls placed to Defendant Creative Distribution and Defendant Hoffman to confirm Barbara Moran's employment, hours worked, work performance and other routine matters were not returned. 17. On August 29, 2005, Plaintiff left a message on the home telephone of Barbara Moran reminding her that we needed her weekly time card for her hours worked for either Defendant Hoffman or Defendant Creative Distribution for her payroll to be processed and paid by Plaintiff, 18. Barbara Moran never returned the call placed by Plaintiff. 19. On August 30, 2005, a representative of Plaintiff was able to finally reach Defendant Hoffman who indicated that she did not hire Barbara Moran, that Barbara Moran was there but she sent her home and hung up on the employee of Keystone who contacted Defendant Hoffman. 20. Subsequently, Plaintiff confirmed that Barbara Moran was hired by Defendant Hoffman or a business or entity on her behalf, 3 21. After this litigation was instituted against Defendant Hoffman, Plaintiff learned that Barbara Moran was hired by Defendant Creative Distribution at a salary of $25,000 per year as a full-time employee and commenced work on August 22, 2005. COUNT I Breach Of Contract Plaintiff v. Defendants Hoffman and Creative Distribution 22. Plaintiff incorporates the averments of paragraph 1-21 above as if set forth fully herein. 23. Since Defendant Hoffman and Defendant Creative Distribution refused to accept Barbara Moran on a temp-to-hire basis, Barbara Moran became a direct hire placement as shown on Plaintiff's Pledge and Guarantee received by both Defendants prior to interviewing any candidates, 24. Plaintiff's standard fee for direct hire placement is 20% of the annual salary, or in this case $5,000,00 plus 20% of the commissions. 25. by Barbara Distribution. Plaintiff is also entitled to a direct hire placement fee on the commissions earned Moran while employed by either Defendant Hoffman or Defendant Creative 26. Plaintiff has demanded the Defendants pay all sums due for placement of Barbara Moran with either Defendant Hoffman or Defendant Creative Distribution in which she was employed as a full-time employee. 27, Defendants have both refused and neglected and continue to refuse and neglect to pay the same or any part thereof due to Plaintiff. 4 28, Plaintiff's Pledge and Guarantee contains a clause that for all invoices remaining unpaid thirty (30) days after they are due, Plaintiff is entitled to interest on the unpaid amount of 1-1/2% per month and attorneys fees incurred in collecting funds owed for services provided. WHEREFORE, Plaintiff demands judgment against each Defendant, each in the amount of $5,000.00 plus 20% of all commissions earned by Barbara Moran together with all attorneys fees spent in connection with this collection matter which will be determined at the time of trial, pius sales tax, court costs and interest at the rate of 18% per annum from October 21, 2005, an amount less than the threshold for mandatory arbitration in Cumberland County, COUNT II In Quantum Meruit (Alternative to Count I) Plaintiff v. Defendants Hoffman and Creative Distribution 29. Plaintiff incorporates the averments of paragraphs 1-28 as if fully set forth herein. 30. Plaintiff fully performed the services of finding for Defendants a full-time employee for the outside sales representative position pursuant to Defendant Hoffman's request. 31. Plaintiff conferred a material benefit upon the promise of Defendants to pay the reasonable value of Plaintiff's services. 32. Defendants authorized and accepted all work performed by Plaintiff. 33. Plaintiff expected remuneration from Defendants at the time of performance which was received and accepted by the employment of Barbara Moran. 34. Defendants were aware that Plaintiff expected payment for Plaintiff's services. 35. Despite demand by Plaintiff for payment of Plaintiff's services, payment has not been received. 5 36. Defendants' failure to make payment resulted in Defendants unjust enrichment. 37. The value of the aforesaid services equals $5,000,00 plus 20% of the commissions earned by Barbara Moran. WHEREFORE, Plaintiff demands judgment against Defendants Emily Hoffman and Creative Distribution, Inc. in the amount of $5,000.00 plus 20% of all commissions earned by Barbara Moran, together with sales tax, court costs and interest from October 21, 2005, an amount less than the threshold for mandatory arbitration in Cumberland County. / I AR.t 'WEIDNER C/ :269369 6 VERIFICA TION I, Laureen M. Shumaker, Vice President of Keystone Staffing Services, Inc., verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ./ ( Ji:i Laureen M. Shumaker, Vice President Dated: z.. - Z:z...- 0(.0 CERTlFICA TE OF SERVICE AND NOW, thislS1ay of February, 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Gregory H. Knight, Esquire Knight & Associates, P.C, 11 Roadway Drive, Suite B Carlisle, PA 17013-8806 By: (;<:~)kf If .. r< KEYSTONE STAFFING SVS, INC. & IT ASSOCIATES c Fax Transmittal ) Date: ~ ',--,,~ Kara Costopoulos-DiFilippo C1~I(e..?~...-~.::~b::;~";::';,I717) 901-WORK 19675) 2urb.-\vt;~V" F (717) 761-5459 " ( kara@keystonestaffinginc.com ~ 2~ '1 Page I of: '2- From: To: Name: Company: Fax number: Message: B,...-Yl ~ ~' ~,...<-t" . v ~ ....J) (~ ........-: ~ 'CY-""-- Cc:>-......P&L. .p1~ y"'P--Y~ ~, ~~~--' 'J:- -P ks-*- ',-t \G?~ ~~ [) G'~A ~~ ~~, ~~p 'I, ~~C..P 360 Market Street . lemoyne, PA 17043 . www.keystonestallinginc.com A trusted leader in the staffing industry since 1968! The information contained in this facsimile message is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communica- tion is strictly prohibited. If you have received this communication in error, please notify by telephone and destroy the original message. Thank you IlYl KmTO" em>'NG 5>>"no. 'Ne . K'''CONe ">0,", "ON TcCNNOCOG' AOSOG,^"" ~ 360 M:rket ~tre:: ~ ~emoyne., PA 17043. (717) 901.WORK (9675). Fax (717) 761,5459. wwwkeystonestaffln9lnccom Keystone Staffing Services, established in 1968. guarantees the professional placement services of our organization to be of the highest quality The following Information is provided as a me311S of explallation of the services and guarantees offered by Keystone when uli\lzing our serv'lces. It 'IS our intention to assist you to the best of our abilities however you are in no way obligated to use only Keystone We want to help make your job easier! Keystone's trained professionals will save you the headache and hassle from time spent finding, screening and p,lacing the right candidates for your personnel openings by doing all of that for you in and in a way that is easy, efficient and economical! Keystone is a dynamic, full-service staffing firm offering Innovative programs designed to assist you witr all of your staffing needs including: Temporary Placement, On-Site Management Temp to Direct HIre Placement WBE Contract Staffing, Difecl Hire Placement, PaYlOllmg, Contract Staffing, Technology Training and Certification, Keystone fully guarantees every employee, candidate and service we provide. . . ".." Temporary Placement Keystone offers a 4-hour guarantee on all Temporary Associates we assign. If our Associate is not working out to your expectations, Keystone will not invoice you 10r the first 4 hours 01 service, This guarantee is valid QD!y .If you contact Keystone's office to advise us of the problem within the first 4 hours* of our temporary commencing the assignment. *Please note: Keystone has a 4-hour daily minimum requirement for any temporary assignment.. Employee Conversion (Temp to Hire Placement) Keystone's guarantee on an Employee Conversion is the same 4-hour guarantee offered as stated above for Temporary Placement. If you elect to replace an Associate during an Employee Conversion, please know that it will be considered on an individual basis and it will be at Keystone's discretion to determine if any credit of hours can be offered. Direct Hire Placement (Pennanent Placement) If our candidate does not fulfill your position's requirements and/or our candidate terminates his/her employment for any reason (other than lack of work, workplace shuidown or s'rmilar dissolution* of the business or company) within 90 days from the first day of employment, Keystone will replace the e[1lployee one time with another qualified applicant of client's choice for the same or similar pOSition provided the replacement process is completed within 90 days 01 the date 01 the iirst candidate's termination. Th.ls guarantee is valid only if the original invoice provided by Keystone was paid in full according to the terms of the invoice. * Client is still obligated to pay placement fee for any candidate successfully placed whom Client releases due to lack of work, workplace shutdown or similar dissolution. Temporary Placement We will bill you the hourly bill rate Quoted by Keystone and only for the actual hours worked on a weekly basis by our Associate assigned to your firm. We pay our Associates and invoice our clients on a weekly basis in relation to the time worked by our Associate. Employee Conversion (Temp to Hire Placement) and Employee Conversion "Buyout" Option Keystone offers our Employee Conversion program to companies who wish to "tryout" a potential employee before they commit to hiring that individual. With Keystone's program our Associate will be assigned to your firm for a 16 week (or 640 hour) period. At the point you notify Keystone of your intent to ultimately hire, we will begin a countdown of the 640 hours.at the end of which you may hire the Associate at no further charge. If you prefer, you may opt for our 'Buyout" option and hire the Associate before the completion of the 640 hour period, Do so by simply paying the remainder of the actual fee due for the hours remaining in the Conversion. To calculate the amount for the Buyout fee you wm need to know the hours remaining in the Conversion. Let's say there are 160 hours remaining in the conversion and the employee's annual salary will be $18,720. The Direct Hire placement fee (please refer to Direct Hire Placement section below) for $18,720 is $3,369.60 which you divide by 640 (total hours) and get $5,27 (cost per hour).' Multiply $5.27 times 160 (the remaining hours) and the Buyout fee for this example would be $842.40 (plus 6% PA sales tax). Direct Hire Placement Keystone charges 1% per thousand of the employee's total annual salary with a 20% cap For example: an annual salary of $18,720 x 18% = $3,369.60 or arl.nnual salary of $30,000 x 20% = $6,000 (plus 6% PA sales tax), $1.00 to 10,999.99 -10% $16,000 to 16.999.99 = 16% $11,0001011,999.99 =11% $17,0001017,999.99 =17% $12,000 to 12,999,99 = 12% $18,000 to 18.999_99 = 18% $13,000 to 13,999.99 = 13% $19,000 to 19,999.99 = 19% $14,000 to 14,999.99 = 14% $20,000 and above: = 20% $15,000 to 15,999.99 = 15% Char es will not exceed 20% If an offer of employment for a Direct Hire placement is extended by a client and accepted by the candidate, and the employment offer is later revoked by Ihe client before the candidate's employment with client begins, Keystone shall be due a fee from the client of 50% of its fee for the Direct Hire placement. $13,500 x 13% = $1,755.00 $18.700 x 18% = $3,366.00 $24,300 x 20% = $4,860.00 Plus 6% PA sales tax. All invoices are due upon receipt. For arty accourlt that is delinquent ill paying, Keystooe- is enli\led to reasonable fees for enga9'lng an allorneYln addition to all other expenses incurred as a result of collection of funds owing for services provided. Keystone will charge interest at the rate of 1 Vi:% per month (18% per annum) on any charges remaining unpaid 30 days after the originallflVoice date Please understand that Keystone incurs considerable expense in finding, screening and referring our candidates. As such, if your firm or any branch or subsidiary of your frrm, hires an irldiv\dual bwught to your attention \T1fOugn the efforts of Keystone (such as provid'log resumes, candidates, Associates or referrals from candidates or Associates) within up to one year of (he candidate or Associate's referral, Keystone is rightfully due the related fees as outlined above and may bill the appropriate hiring source accordingly Additionally, Keystone makes ever; eftort to verify the references on any candidate placed by Keystone, relerence checking abilities may be limited and therefore the client IS and remarns solely responsible for determining the candidate's suitability and competency for any and all Client posilion(s), By reviewing any resume sent by Keystone that results In the hiring of our candidate or by hiring any Associate or candldate Irltroduced to you by Keystone, your business agrees to pay the related fees if any personnel placements are made by Keystone as detailed above. This comprises the full and complete guarantee offered by Keyslone and, unless otherwise detailed in writing; no other guarantee IS implied nor stated and supercedes any previous "Pledge & Guarantee." Keystone is an Equal Opportunity Employer X,__ Authorized Client Signature Title Please Print Name Company Name Dale - . . TRANSMISSION VERIFICATION REPORT TIME OS/27/2005 09:45 NAME KEYSTONE STAFFING IN FAX 7177515459 TEL 71 77515850 DATE,TIME OS/27 09:29 FAX NO. /NAME 2437438 DURATION 00:00:58 PAGE(S) 02 RESULT OK MODE STANDARD ECM I, J f 0r}v r':) ,-1 " .;~ <. t':-: r'.'. c .,.' '-" "'\User Folder\firm Docs\Gcndocs2006\391 J']an~wcrwpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING, SERVICES, INC., No. 06-409 Civil Term Plaintiff v. CIVIL ACTION - LAW CREATIVE DISTRIBUTION, INC. and EMILY HOFFMAN, Defendants ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, this "j'l, ,..J-day of March 2006, come the Defendants, by and through their counsel of record, Knight & Associates, P.C. and Gregory H. Knight, Esquire, to file their Answer to Plaintiff's Complaint, in support of which Answer the following statements are made: 1. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth ofthe statements made in paragraph 1. 2. Admitted and Denied. Admitted that Defendant Emily floffman (Hoffman) is an adult individual who is the owner of Creative Distribution, Inc. (CDI), a Pennsylvania corporation located at 625 Hamilton Street, Carlisle, Pennsylvania 17013. Denied that Defendant Hoffman contacted the Plaintiff in any capacity other than as the owner and representative of CDI. Also denied that Defendant CDI is located in Suite "I." The suite is Suite "B." 3. Admitted and Denied. See answer to paragraph 2 above. 4. Admitted and Denied. Admitted that Defendant Hoffman contacted the Plaintiff concerning two positions with Defendant CDI. Denied as the contact occurred at two different times approximately a month apart, with the first in late June 2005. 5. Admitted. Emily Hoffman should be deleted as a named Defendant. 6. Denied. Defendant Hoffman told Plaintiffs representatives that she wanted candidates for temporary employment only and that she might hire them permanently, depending upon their performance during the temporary employment. 7. Denied. See answer to paragraph 6 above, 8. Admitted and Denied. Admitted that on June 27, 2005 an attempt was made to fax a document to Defendant CDI. Denied as Defendant Hoffinan never received or ever signed the document or a copy of the document noted as "Our Pledge & Guarantee" and attached to Plaintiffs Complaint as Exhibit "A". 9. Admitted and Denied. Admitted that Defendant Hoffinan received several resumes. Denied as to the remaining al1egations in paragraph 9 as, after reasonable investigation, the Defendants are without knowledge or information sufficient to fonn a belief as to the truth ofthe remaining statements in paragraph 9. 10. Admitted and Denied. Admitted that Defendant Hoffman interviewed some of the people whose resumes were faxed to her. Denied that any ofthose interviewed were office manager material, despite Plaintiffs claim in paragraphs 9 and 10 that it had faxed resumes of "qualified" and "select" candidates to Defendant Hoffman for her consideration. ] I. Denied. A representative of Plaintiff contacted Defendant Hoffman to discuss the referrals. Denied further as Defendant Hoffman did not state that "she wanted to hire Barbara Moran for the outside sales representative position and wanted her to start on August 22, 2005 on a temp-to- hire basis paying $25,000.00 annually plus commission." Denied also as Defendant Hoffman told Plaintiffs representative that she could not hire Barbara Moran, because Ms. Moran smelled of smoke and would not make a good first impression on Defendant's customers. 12. Denied. After reasonable investigation the Defendants arc without knowledge or information sufficient to form a belief as to the truth of the statements in paragraph 12. In addition also denied as Ms. Moran told Defendant Hoffman that a Plaintiffs representative told her the Plaintiff would pay her (Ms. Moran) a base salary and that the Defendants were going to pay her (Ms. Moran) a commission, none of which was agreed upon by the Defendants and none of which ever occurred. 13. Denied. Ms. Moran told Defendant Hoffman that on or about August 22, 2005 she had been told by a representative of Plaintiff that her employment was on a permanent basis, not the temp-to-hire basis as stated in paragraph 13. Denied further as Ms. Moran also told Defendant Hoffman that she never agreed with the Plaintiff to accept any position on a "temp-to-hire" basis. 14. Denied. In June 2005 Defendant Hoffman and a representative of Plaintiff agreed that the staffing situation at Defendant CDI was unique because Defendant CDI does not pay any type of commission in the first three months of employment. That representative of Plaintiff told Defendant Hoffman that the representative would have to check with her supervisor to respond to the unique employment situation at Defendant CDI. No representative ofthe Plaintiff ever contacted Defendant Hoffman with a cost proposal to address the unique situation at Defendant CDr and therefore there was never any agreement on terms for Ms. Moran. Further denied as Ms. Moran told Defendant Hoffman that she was told by the Plaintiff that she (Ms. Moran) would be on the Plaintiffs payroll for sixty to ninety days during which time the Plaintiffwould pay her (Ms. Moran) a salary and during which the Defendants would pay her commission, though such payments never occurred. 15. Admitted and Denied. Admitted that on August 22, 2005 Barbara Moran was present at the Defendant CDI. Denied that Ms. Moran was employed by either Defendant as an office manager or sales representative. See answer to paragraph 11 above. Denied further as on or about August 22, 2005 Ms. Moran told Defendant Hoffman that she was upset with the position Plaintiff had put her in and that she needed money because she had no job, Defendant Hoffman agreed to create a job for Ms. Moran to assist Defendant Hoffman for a single event scheduled in Perry County for October 2005. Denied further as Ms. Moran told Defendant Hoffman that she was contacted after August 22, 2005 by a representative of Plaintiff for another employment interview but told the Plaintiff s representative that she never wanted to work for the Plaintiff again as she did not trust the Plaintiff, based on misrepresentations made to her by representatives of the Plaintiff. 16. Admitted and Denied. Admitted that neither Defendant contacted or returned any messages to Plaintiff as neither had a contract with or obligation to the Plaintiff. 17. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the statements in paragraph 17. 18. Denied. After reasonable investigation the Defendants are without knowledge or infonnation sufficient to form a belief as to the truth of the statements in paragraph 18. 19, Admitted and Denied. Admitted that on August 30, 2005 a representative of the Plaintiff contacted Defendant Hoffman. Denied further as Defendant Hoffman answered that representative's questions and told that representative to fax her a contract if they now had one to cover the short period of time Ms. Moran was working with Defendant COl. 20. Admitted and Denied. Admitted that Barbara Moran was hired on a temporary basis for a limited amount of time by Defendant CD!. Denied that Ms. Moran was hired on a "temp-to- hire" basis. 21. Admitted and Denied. Admitted that Barbara Moran was hired on an hourly basis to work on a single project scheduled for October 2005. Denied that the employment was on a full- time employee salary basis. Denied further as Ms. Moran was hired only on a temporary employee and in fact Ms. Moran was laid off shortly after the Perry County event was completed. COUNT I BREACH OF CONTRACT PLAINTIFF V. DEFENDANTS HOFFMAN AND CREATIVE DISTRIBUTION 22. Admitted and Denied. Defendants incorporate their answers to paragraphs 1 through 21 above as if fully set forth herein. 23 Denied. Paragraph 23 is a conclusion oflaw to which no answer need be filed and strict proofis demanded thereof at trial. Denied further as neither Defend.mt received or signed any copy of Exhibit "A" to Plaintiffs Complaint. 24. Denied. Paragraph 24 is a conclusion oflaw to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 23 above. 25. Denied. Paragraph 25 is a conclusion oflaw to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 23 above. 26. Denied. Paragraph 26 is a conclusion of law to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 23 above. 27. Denied. Paragraph 27 is a conclusion oflaw to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 23 above. 28. Denied. Paragraph 28 is a conclusion of law to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 23 above. WHEREFORE, Defendants request that this Court order judgment against Plaintiff for the claims made in Count I of Plaintiffs Complaint and that this Court order such other relief as it deems just. COUNT II IN QUANTUM MERUIT PLAINTIFF V. DEFENDANTS HOFFMAN AND CREATIVE DISTRIBUTION 29. Admitted and Denied. Defendants incorporate the answers to paragraphs I through 28 above as if fully set forth herein. 30. Denied. Paragraph 30 is a conclusion oflaw to which no answer need be filed and strict proof is demanded thereof at trial. 31. Denied, Paragraph 31 is a conclusion of law to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 30 above. 32. Denied. Paragraph 32 is a conclusion of law to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 30 above. 33. Denied. Paragraph 33 is a conclusion oflaw to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 30 above, 34. Denied. Paragraph 34 is a conclusion of law to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 30 above. 35. Denied. Paragraph 35 is a conclusion oflaw to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 30 above. 36. Denied. Paragraph 36 is a conclusion of law to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 30 above. 37. Denied. Paragraph 37 is a conclusion oflaw to which no answer need be filed and strict proof is demanded thereof at trial Also see answer to paragraph 30 above. WHEREFORE, Defendants request that this Court order judgment against Plainti ff for the claims made in Count II of Plaintiff s Complaint and that this Court grant such other relief as it deems just. Respectfully Submitted: KNIGHT & ASSOCIATES, P.C. 6i:~i~t~!::JC ~ Attorney I.D. No. 30622 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING, SERVICES, INC., No. 06-409 Civil Term Plaintiff v. CIVIL ACTION - LAW CREATIVE DISTRIBUTION, INC. and EMILY HOFFMAN, Defendants VERIFICATION I verify that the statements made in the foregoing Answer 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 unswom falsification to authorities. Date: 3JrTJ Olp Creative Distribution, Inc. By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING, SERVICES, INC., No. 06-409 Civil Term Plaintiff v. CIVIL ACTION - LAW CREATIVE DISTRIBUTION, INC. and EMILY HOFFMAN, Defendants VERIFICATION I verify that the statements made in the foregoing Answer 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 unswom falsification to authorities. Date: 3) 11) 0 /() ~~1I1?'1~ e~IYHOff an IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE STAFFING, SERVICES, INC., No. 06-409 Civil Term Plaintiff v. CIVIL ACTION - LAW CREATIVE DISTRIBUTION, INC. and EMILY HOFFMAN, Defendant CERTIFICATE OF SERVICE I hereby certify that I am this 2-1 ~ day of March, 2006, causing a copy of the foregoing Answer to be served upon the following person in the manner indicated: By First Class United States Mail, postage pre-paid on: David W. DeLuce, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, Pennsylvania 17043-0 I 09 Attorney for Plaintiff KNIGHT & ASSOCIATES, P.e. 6'~,~ t{.fC)~' Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Defendants D 0_' 0 r":, c::;;) .. 1 , ::': -=;J ('i'l ]] ",",J \'.) G.) '..., j . r,) >:- .1:- .~ (;') -.< KEYSTONE STAFFING SERVICES, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW CREATIVE DISTRIBUTION, INC. and NO. 06-409 EMILY HOFFMAN, Defendant : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinue this action. B: Respectfully submitted, avid W. eLuc Johnson, Duffie, Stewart & Weidner Attorney I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Att;rzys fo Plaintiff Dated: 'It--'24 I By ~~~) ~~h(~ ~ Knight & Associates, P.C. Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, PA 17013-8806 Attorneys for Defendants Dated: '1-1- S~k 2-006 :283014v2 () r- '- lJ~~ ,..,-1- '-:t./[_ ~,- "j ,.-". ,~~~'.) r-" i~;, -< --/ '''C - .&:- f?; t::;) <::r-. V") r't ~~ -v i\,) 0,) ""b ::rt ....;.':- o -r., ~ l"i=j ::n ,-. "l') rr; ;':'}y '~l (~:; S:5(~Y ~rf/ .?c;' .~