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Home My WebLink About01-5603Johnson, Duffle, Stewart & Weidner By: David W. DcLuc¢ I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., Plaintiff INTERCONTINENTALSERVICE AGENCY, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- .~"'~I~ CIVIL TERM CIVIL ACTION - LAW NOTICE TO DEFEND To the Defendant: 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 wdting with the court your defense or objections to the claims set forth against you. You are wamed 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: David W. DcLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff KEYSTONE STAFFING SERVICES, INC., Plaintiff INTERCONTINENTALSERVICE AGENCY, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ,~LEX~ CIVILTERM CIVIL ACTION - LAW 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, Intercontinental Service Agency, Inc., is a Pennsylvania corporation with a place of business at 4455 North Front Street, Harrisburg, Dauphin County, Pennsylvania 17110. COUNT I Breach of Contract 3. Plaintiff incorporates the averments of Paragraphs 1 and 2 above as if fully set forth herein. 4. On or about May 11, 2001, Plaintiff, an employment services agency, was contacted by an authorized agent of Defendant who contracted Plaintiff to find a full time placement for an insurance agent to be employed by Defendant. 5. Upon this express authorization, the Plaintiff performed its services and found an employee who was hired by the Defendant. 6. Plaintiff had initially invoiced the Defendant at it usual and customary charge for full time placement, which is based upon the salary of the hired employee, in the amount of $5,000.00, less a discount of $1,000.00 if timely paid according to the terms negotiated, plus sales tax. A true and correct copy of the aforesaid invoice is attached hereto as Exhibit "A." 7. Defendant had also signed an agreement with Plaintiff setting forth payment terms which )rovides for Defendant to pay Plaintiff its attorney's fees and interest at 1½% percent per month on any charges remaining unpaid after thirty (30) days, together with all other expenses of collection to enforce payment of these charges. See Exhibit "B" attached hereto and made a part hereof. 8. Defendant failed to make any payment on this invoice, thereby revoking the discount and Plaintiff is due and owing $5,000.00, plus sales tax of $300.00 from the Defendant. 9. Plaintiff is entitled to recover principal and interest due from Defendant in the amount of $5,548.30, calculated as follows: Unpaid Principal Sales Tax Interest at 18% per annum from 6/15/01 thru 9/20/01 $5,000.00 $300.00 Total: $5,548.30 10. Plaintiff has demanded the aforesaid sums from Defendant but Defendant has refused and neglected and continues to refuse and neglect to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,548.30, together with all attorney's fees spent by Plaintiff in connection with this collection matter which will be determined at the time of trial, plus court costs and interest at the rate of 18% per annum from September 20, 2001. COUNT II Breach of Contract 11. Plaintiff incorporates the averments of Paragraphs 1 and 2 above as if fully set forth herein. 12. At the request of the Defendant, Plaintiff provided a temporary employee to provide secretarial services for the Defendant at times and for rates agreed upon by Plaintiff and Defendant. 13. At the completion of each work week, a time card was completed by the temporary employee evidencing the days and hours worked. 14. The Defendant, through it agents, signed each weekly time card agreeing that the temporary employee worked on the dates and hours so designated, and returned them to Plaintiff for the employee to be paid accordingly. 15. The signed time card was also used by Plaintiff to invoice the Defendant for the hours and days worked by the temporary employee for the Defendant. 16. Plaintiff has issued to Defendant its Invoice #12702 for temporary employee services, all of which were authorized and agreed upon in writing by an authorized agent of Defendant in the amount of $579.46. A true and correct copy of the aforesaid Invoice is attached hereto as Exhibit "C." 17. Invoice. Defendant has failed and refuses to pay the balance due or any part thereof on the aforesaid 18. Each employee time card contains language authorizing Plaintiff to charge Defendant interest at the rate of 1¼% per month on any charges remaining unpaid after thirty (30) days, and that Plaintiff is entitled to reasonable attorney's fees, together with all collection costs, to enforce payment of these charges. 19. Defendant also executed an agreement (See Exhibit "B") on or about February 15, 2001 with Plaintiff outlining the payment terms which included a provision for interest to be charged on any charge remaining unpaid thirty (30) days after the invoice date and the collection of attorney's fees. 20. Plaintiff is entitled to recover principal and interest due from Defendant in the amount of $627.18, calculated as follows: Unpaid Principal Interest at 18% per annum from 4/6/01 thru 9/20/01 Total: 579.46 $47.72 $627.18 21. Plaintiff has demanded the aforesaid sum from the Defendant, but Defendant has refused and neglected and continues to refuse and neglect to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $627.18, together with all attorney's fees spent in connection with this collection matter which will be determined at the time of trial, plus costs and interest at the rate of 18% per annum from September 20, 2001. Date: JO~DUFFIE,Byl ~L~~~u~(~~)"~.STEWART & WEIDNER :150023 VERIFICATION I, Sherry L. Shumaker, 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. herry L. Shumaker Dated: September 25, 2001 EXHIBIT "A " ,~e ~talllng ~ervices~ inc. 360 Market Street Lemoyne, PA 17043-1 632 (717) 761-5860 (717) 761-5459 FAX I IN VUIt I" 73877 05115/2001 13451 05/13~2001 INTERCONTINENTAL SERVICE AGENCY, IN 4455 N FRONT ST HARRISBURG, PA 17110- Att~: Geo~Je [andard fee HOCKENBERRY, DEIDRE P $5,000.00 iscount ' HOCKENBERRY, DEIDRE P $-1,000.00 TOTAL CHARGES $4,000.00 TAXABLE AMOUNT $4,000.00 §TATE SALES TAX 6.0000 % $240.00 START' DATE: May 21, 2001 CCO~DINATOR: Holly A. Beatty T~: $1000 upon acceptance $1000 every 30 days until paid. * Discount and ~,~-antee applies only if paid according to te~l~ above. Total Due F'age 1 Not tax~d: Wa~$, bonuses, sal~ri~, b~nofits, ~x~Sn$~s, ~ayroll snd w~thholdlng tax~$ $4,240.00 Please return this portion with your payment. Disregard this notice if payment has been made. TERMS: Pay this amount within 31 days or a 1.500% charge will be added to your account. 73877 05/15/2001 13451 05/13/2001 REMIT TO: . Keystone Staffing Services, /_nc. 360 Mmrket Street L~,uyne, PA 17043 $4,240.00 EXHIBIT "B" K£¥$TONE.~STAFF ~oz & ~eyN ramwmon 'auyout' Ol~on ..... ' ' x ~-~. EXHIBIT "C" Keystone Staffing Servicp Inc.' 360 Market Street Lemoyne, PA 1 7043-1632 (717) 761-5860 (717) 761-5459 FAX INVOICE 03/0B/2001 12702 03/04/2001 INTERCONTINENTAL SERVICr: 4455 N FRONT ST HARRISBURG, PA 17110- /28/01 BROWN-SANCHEZ, TONYA R 8,00HRS @ 14.40 -- $115.20 /27/01 IBROWN-SANCHEZ, TONYA R 8.00HRS ~.. 14.40 = $115.20 /28/01 BROWN-SANCH.EZ, TONYA P, 8.,00HRS.) , 14.40 = $115.20 /1/{]1 ~ROWN-SANCHEZ, TONYA R 8.00HRS ~ t4.40 = $115.20 /2/0t 3 ROWN-$A NCH F-.Z, TONYA R' 8.00HRS ~,., 14.40 = $115.20 tOTAL CHARGES $576.00 ~ON TAXABLE AMOUNT $518,40 TAXABLE AMOUNT $57.60 STATE SALES TAX 5.000~) % $3.46 Pa§el Not taxed'.,,W, ~ges, bonuses, salaries, benefits, expenses, payroll and w~holding taxes iT oral Due , $579.46 Please return this portion with your payment. Disregard this notice if payment has been made, TERMS; Pay this amount within 31 dsys or a 1.500% charge will be maded to your account, 73577 03/06/2001 12702 03/04/2001 REMIT~'~,,C'4;,'~cou~r m ASSIGNED 'O, iS OWNED I ~NO.~9 p~B~ TO OUR F~ORS [ E 9 & T FACTORS CO~PO~TIGN RO. BOX 89~!1, O~ ARt,O~ NB 2~2B9-001'1 ~ PA~ENT O~ ~41'0 B B ~ T FAC~R8 oD~ )lOT OF ~v D~C~A~CY ~mN 10 DAYS $579.46 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05603 P COMMONWEALTH OF PENNSYLVANIA: COLrNTY OF CUMBERLAiqD KEYSTONE STAFFING SERVICES INC VS INTERCONTINENTAL SERVICE AGENC R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , to wit: INTERCONTINENTAL SERVICE AGENCY INC but was unable to locate Them in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, to On October 9th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 10/09/2001 JOHNSON DUFFIE R. ¢~ Kline Sheriff of Cumberland County STEWART WEIDNER Sworn and subscribed to before me this /~ ~ day of ~ ~! A.D. r I Prothonotar~ ! Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart AssistanI Chief Deputy Commonwealth of Pennsylvania County of Dauphin : KEYSTONE STAFFING SERVICES INC vs : INTERCONTINENTAL SERVICE AGENCY INC Sheriff's Return No. 2814-T - - -2001 OTHER COUNTY NO. 2001-5603 AND NOW: October 2, 2001 at 1:267M served the within NOTICE & COMPLAINT INTERCONTINENTAL SERVICE AGENCY INC to GEORGE NUNEMAKER, OWNER upon by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 4455 NORTH FRONT ST. HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 2ND day of OCTOBER, 2001 PROTHONOTARY So Answers, Sheriff of Dauphin~ Pa.. By ~Sheriff Sheriff's Costs: $29.25 PD 10/02/2001 RCPT NO 154884 COOK In The Court of Common Pleas of Cumberland County, Pennsylvania Keystone Staffin§ Services, Inc. VS. Intercontinental Service Agency, Inc. SERVE: s~e No. 01 5603 civil Now,. September 28, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of r~uphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service ~xlOW, within ,20 , at o'clock M. served the upon by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT "JohnSon, Duffle, Stewart & Weidner By: David W. DcLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyn¢, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., Plaintiff INTERCONTINENTAL SERVICE AGENCY, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5603 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of the Plaintiff, and against the Defendant Intercontinental Service Agency, Inc., in the amount of $7,675.48, together with interest from September 20, 2001at the rate of 18% per annum, plus costs, by reason of the failure of the Defendantto enter an appearance or to file an answer within twenty (20) days of the date of service of the Complaint endorsed with a Notice to Defend. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant at its last known address on October 24, 2001, said Notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid Notice, together with the Certificate of Mailing, areattached hereto and made a part hereof. Pursuant to Rule 206-6, the name and address of the Defendant required to be notified is Intercontinental Service Agency, Inc., 4455 North Front Street, Harrisburg, I~nnsylvania 17110. JO/~, DUF~~E~ & WEIDNER "' ~./'D-avid W. ~3el..~'~ v :151666 Johnson, Duffle, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEYSTONE STAFFING SERVICES, INC., Plaintiff Vo INTERCONTINENTALSERVICE AGENCY, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5603 CIVIL TERM CIVIL ACTION - LAW TO: Intercontinental Service Agency, Inc. 4455 North Front Street Harrisburg, PA 17110 DATE: October 24, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'I-rEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, G° TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: :150023-7 Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 U.S. PO~TAL CERTIFICATE HAN~]'m~S, PA 17110 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE PS FORM U S GPO 171-631