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Home My WebLink About95-03895 . ~ ~ _we V' j , II) "7 If) g] -5 ~ I ~ I ~ F J l{) 0- 00 cYJ I . L() . 0- . / , . , , 0: ZI I I ~ , - COMMONWIAlfN 0' 'INNlnYANIA ~.-COUi'O'-COMMON PUA' NOTICE Of APPEAL fROM JUDICIAL Dlllller DISTRICT JUSTICE JUDGMENT COMMON PLlAI No. 95-3895 civil TeIlll NOTICE OF APPEAL Notice i. gi_ that the oppoIlanl ha. filed in the above Court of Cammon Plea. an appeal from the judgment rendered by lhe Di.trict Ju.tice an the date and in the co.. mentioned below. ~ ;.mUANI cHsis & Sana, lnc, """ 6220 Carlislc Pikc 09-3-04; Glcnn R. Farner OIY Mcchnnlcsburg . . PA 17055 ... '" r Inc, N A O\lIftrtl} Jennifcr n, Dauchcss 6/29/95 CV ~ 0000230-95 LT 19 John Thi. block will be oigned ONLY when this notation i. required unde< Pc. R.cPJP. loo8B. Thi. Notic. of Appeal. when receiwd by lhe Di.trict Ju.tic., will operate a. a SUPERSEDEAS 10 the judgment far po....sion in this ca... Signaturo of Profhor>olllry Of Deputy nroujos. Eaqu /I appel/ant was CLAIMANT (see Pa. R.c.P.J.P. No. 1001 (6) in action belate District Justice, he MUST FILE A COMPLAINT within lwenly (20) days aller filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This seefian 01101111 to be used ONLY when appellant was DEFENDANT fsee PD. R.c.P.J.P. No. 1001171 in action belore Disliiet Justiec. IF NOT USED, detach from ecpy 01 nolice 01 appeal to be served upon appelleel. PRAECIPEI To Prothonotwy Enter rul. upan Jennifer B. Dauchess Nimo 01 ;JWCIledsJ ,appelleel.), 10 fil. a complaint in this appeal RULE I To Jennifer n, Dauchess N;rno oIlQ)C11Dc( 5 J ,app.II..I'), (Common Plea. No. 95-3895 Civil TeIlll ) within twenty (20) day. afte< .... . (1) You are notified that a rule i. hereby entOflld upan you to fila a complaint in this app.at within twenty (20) day. afte< the dot. of ....vic. of lhi. rule upon You by personal .ervic. or by certified or reg~tered maiL (2) H you do not file a complaint within this Hme, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of ,s.rvico of thi. rule if ....vic. was by mail i. the dot. of mailing. Date: July 21, ,19 95. 'iJ1f~' ~. xP~2~fJ(~~ AOPC31i?ft,4 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (ThIS prool 01 somco MUST BE FILED WIT/UN TEN (10) DA YS AF rER "''''g 1110 nollco 01 "ppoill. Chock oppllcab/o bo>os} COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; II AFFIDAVIT: I hereby swear or allirm that I served o a copy of the Nollce 01 Appeal. Common Pleas No . upon the District Justice designated theroln on (dalo 01 sorvlco) . 19~ 0 by personal service 0 by (certified) (registered) m..1. sender's receipt attached hereto. and upon the appellee. (name} , on . 19--0 by personal serVice 0 by (cerlillOd) (registered) mail, sender's receipt allached herelo o and lurther Ihall served the Rule to F Ii" a Compla,"1 accompany'"g Ihe above Notice 01 Appeal upon Ihe appellee(s) to whom Ihe Rule was addressed on , 19_ 0 by personal service 0 by (certilied) (reglslcred) mail. sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . 19_ Signature 0' all,ant S'l1natufe 01 OtllChJI befol" whom dtlu1a,"'II WdS mado T,lle 01 O",clI,I My commissIon expires on .19_. / '- c:: ~ ,~ ~. ~ ....." ~' N \~ .r. <::> " ..", <L'~ = - ~ <..0 ~~ ..." \f'\ 1:'-\ ~ COMMONWIAL.N 0' 'INNSYLVANIA COUIY o' COMMON",ri..,""" -" NOTICE Of APPEAL ....... fROM JUDICIAL DII..,CI DISTRICT JUSTICE JUDGMENT COMMON 'LIAS No. 95-3895 Civil Term ~- -.----- _.~-----~.. ._'-'._'-~_______m___ NOTICE OF APPEAL Notic. I. gl_ that the appellanl has filed in lhe above CaUft 01 Cammen Plea. an appeal fram rhe judgment r.nder.d by lhe Di.trlct Ju,'ice an lhe dale and in lhe co.. mentioned below. M ERSis & Sons, Inc. 09-3-04~ Glenn R. Fsrner 6220 Carliale Pike v Mechanlcsburg 17055 . . PA 6/29/95 AIM It I ""'II' Jeunifer B. Daucheoo " Inc. tAl CV tf! 0000230-c)5 LT 19 John Thl. black will b. signed ONLY when thl. natatian i. r.quir.d under Pc. RCP JP. loo8B. Thi. Notic. of Appeal. when received by the Di.I,ict Ju.tic.. will aperot. a. a SUPERSEDEAS to the judgment far pan.njan in thi. ca... &gnalulV 01 Prothooo/o'uy 01 Dt.'fJUly Brouj os, ESl\U If appel/anI was CLAIMANT (see Pa. R.c.P.J.P. No. 1001 (6) in action befas Districl Justice, he MUST FILE A COMPLAINT within lwenty (20) dal'S after filing his NOTICE 01 APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 loon /0 be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 100 / (7) in action oolo{O District Justico. IF NOT USED, de/1Jch lrom' copy 01 notice 01 appeal/a 00 served upon appellee). PRAECIPEI To Prolhanata,y Enter rulo upan .J~nni fer B. Dnuc:he88 N,;,no ot .1IT)CIk'c:(s) , appellee(.). io fil. a camplai~t in this appeal RULEI Ta_ ,appell..(.). hls attorney 01 agent (Cammen Plea. No. 95-3895 Civil Term ) within lwenty (20) day. after Ie< ." _j~t of non pra~ - ~Jer1l,i fp-r R. D.ouc:heno i Namo 01 iJWO/IOO( s J ( 1) You are natified that 0 rulo i. hereby entered upan you 10 fil. 0 complaint iR this appeal within twenty (20) day. afler the dole of ....vic. of this rule upan_you by per""",1 .ervic. 01' by cerlifoed 01' regi.tered maiL (2) " you da nat fil. 0 camplaint within this lime, 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. Dole: ''-' (3) The clot.'of-\ervic. of this rula if .ervic. was by moil i. the dot. of mailing. July 21, , 19 95. c.&f'YJ!2 ~ Yt1~~ (Y Dc:pJty N:JPC31l-&t COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT r ThIS prool olsor..co MUST BE FILED WIT/IIN TEN (10) DA YS AFTER flltny /119 nol.co d. ,'ppoo1l Chock appllcabla bOKo,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF (!u.m hu..Jt'lf/(( AFFIDAVIT: : .1 I hereby swear or affirm thot I sorved rl 0/; 3 ~qS' ("~,I TUnt l:J a copy of the Nottce of Appeal, Common Pleas No. ..) ~. . upon tho District Justice designated therein on (date of service) qr~ J~L ;::)1 ,19.9L. 0 by Rersonal servico ~ by {certifiod) (registered) mail. sender's fF.celpt aUached herel~, an<!, upon the appellee. (name) Cf I'! l"1<li..... LJ ,\1} J I Ll'u.1I:a . on (}u" ,vI . '9~ by personal service fii'1 by (ce.lilied) (registered) mall, sender's .eceiptallached hereto. f r [A and lurther that I served the Rule 10 File a ComplamtaccompanYHlg the above Notice 01 Appeal upon Ihe eppellee(s) 10 whom the Rule was addressed on q" I., dl . 19.2l.- 0 by personal service by Icertifiedllregistered) , mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS <:J/:JI DAY OF 1,// . 199!)" SIgnature al,U"nt Notarial Seal T/I/e of offICIal CarbIe Boro. 'bertarid Coo My commissio ex r~~ Expires Jan. 4, 1~1 t- oo, r- .....~ --I <.0 0 '" :. .. >- ::.c:: c..c U"1 . ~ Receipt for Certified Mall i No Inluflncl Cover.ge Provided aE Do not u.. for In1lrnltianl' Mill IS.. Rlv,,.,1 ~i1 iP I l ! C."lllltdf.. K! Ss-e'" ~-'Y h. 'Ii Z 32L 7bL 594 j ~ Receipt for J Certnled Mall ~ _ No Inaur.nee Coverage Provided . S .au:.\:ll Do nat UII for International Mall ~ es.. Rlv"'" IS'" 0 P I I Po..... ! C.,l11iltd'" Ie' Soec::...~f.. R.IUOClltdo.tl\'fl.,," fl.1UltlR,UiClISIIowtng 10 Whom . ~I' Oei_ed ",.Iu," RItC'1p1 Show!ftQ 10 WtIom, 0.1'. '''''...ddl.....'. ACSd,.u TOTAL 1'1),..." , ,.... PosllnI'" or Ollie .s...~ ra,/r,r ., -. Z 32L 76L 595 no<;, J& /./0 fllllllClld o.l~.,y f., R.llJlnRK'IQIShooAo'"9 10 Whom , 0." Oel.......d R"IIl" flee'lpt Sho"''"Q 10 Whom, 0.1'. .nd Addr.'.." Addl'" TOTAL Po... If..1 Poslmlllt Of 011. IlJ $ ,)~'). ~ -irJ..j'ir rt\ ~ 099999.oooDSlMa..h 13, 1996lHAlIPAR/47 I 12 r. r 1. r: f' ('. U V r t \.. b. ~. ",.I t JENNIFER (I, DAUCHESS, PllIlnUrr IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y. NO. 95-3895 CIVIL 1995 ESSIS " SONS, INC, Defendllnt CIVIL ACTION . LAW NOTICE OF ARBITRATION HEARING NOTICE is hereby given that the Arbitrators appointed by the Court to hear and decide the above matter will hold a hearing for the purpose of their appointment as follows: Date: Wednesday, April 3, 1996 10:00 A.M. Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Tim,: Location: March 13, 1996 By: TO: Albert Z. Bogart, Esquire. Arbitrator 317 Third Street New Cumberland, PA 17070 Barb mple-Sullivan, Esquire, Arbitrator 549 Bridge Street New Cumberland, PA 17070 Bruce D. Foreman, Esquire Attorney for Plaintiff Nicholas & Foreman 3207 North Front Street Harrisburg, PA 17110 John H. Broujos, Esquire Attorney for Defendant Broujos, Gilroy & Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 JENNIFER B, DAUCHESS, Plaintiff IN TIlE COURT OF COIIMON PLiiAS OF CL11BERLMID COUNTY, PENNSYLVANIA > j'. NO, 385 'I;; '. { CIVIL 1995 v. ESSIS & SOOS, INC" Defendant CIVIL 1\CT1OO - LM'I RULE 1312-1. The Petition for Appointment of Arbitrators shall be substant~ally in the following form: PETI~!ON FOR APPOIN~IENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Bruce D. Forenan . counsel for the plaint1ff~ in the above 1, 2, action ~). respectfully represents that: The above-captioned action (~) is ~) at issue. The claim of the plaintiff in the action is $ 2,152.44, plus oostp/interest. The counterclaim of the defendant in the action is sn nn The following attorneys are ~nterested in wise disqualified to sit as arbitrators: the fiI111 of BOOUJOS, GILRJY & HOUS'lOO the case(x) as counselor nre other- John H. Brouj06. Esquire and WHERE.ORE. your petitioner prays your Honorable Court to appoint th~ee (3) arbitrato~s to whom the case shall be submitted, Respectfully d, f8 ORDER OF COURT I3I~u(" -\). n!"""'l.I'(lV'\ , 19~. in consideration of the va A nS ()~ESq. .I!J/A FD Au: ut:t; Esq., an ' q,. are appointed arbitrators in ~he 2S61 u./ ILL above-captioned action (or actions) as prayed for, By/thB Court. I I . 1- I /-- -~, /. L~C( \(-- P. J. 8 ..., C1 rJ1 -II :-,...- :::l ~~ --rin; :"1 C'lr-' n _'-'-1 t.;:~ I tf)~ ;;'0' :u \ .,' ...:- (~ r~O ." ~33 ;?'O ~- ~. Po ....-:o(] ~ ~rn >c Y. ~ w ::ci .,. "< ~" - R !), " r. ,",-,... ~ " f" f. "," ......... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAl'!D~"~,~:~~=,:~==o_._==. COMMON PLEAS NOTIFICATION I'LAINIUT REQUEST FORM r- t,A'-'1 _nt' AI>O'1f fin DAUCIIESS, JENNIFER B 518 CORAL REEF DR, GAITIIERSBURG, MD 20878 L .J '-',1<11"\' N" 09-3-04 9)'- H9[ -, I1JI'.1rnf'Il,lf' Q;,;; 1'.u- AllolI"", GLENN R. FARNER 5002 LENKER STREET MECHANICSBURG, PA I)EfENIlANI 'ESSIS " SONS i'NC:","""'l!1 6220 CARLISLE PIKE MECHANICSBURG, PA 17055 L .J VS. r...."...,. 17171 761-8230 17055-0000 -1 GLENN R. FARNER 5002 LENKER STREET MECHANICSBURG, PA 17055-0000 Docket No.: CV-0000230-95 Dale Filod: 5/08/95 Disposilion Dale: 6/29/95 Plonso bo odvisod that nn nppool has boon ,.Iad in tho abovo coptionod coso. Kindly USD thia form to indicato tho fo&ull& in this C8S0. nnd rolurn I., tho Ir~,ulng puthority (listod abovo). RESULT OF APPEAL Common Pless Judge SUMMARY APPEAL APPEAL STRICKEN. appoal has boon disallowod. APPEAL DISCONTINUED. appoal has been disontinuod by appellant. DISTRICT JUSTICE DECISION UPHELD. cour1 has roachod snmo doclsion os original district justleD docislon. _ district justico oUico is to collect remaining fines/costs. APPEAL SUCCESSFUL. court has roachod decision fovorablo to defendant. lull ,elund to bo ISlued by dist,ict justico offico. portiol ,olund to bo Issued by district juslice offico. REVISED DISTRIBUTION OF FINES AND COSTS If district justlco offico Is to IIIUO 0 portinl rolund. plonso indicato any now distribution In tho amount(l) of linos and costs os 0 'osult of tho court', docision, FINE COUNTY CRT COST STATE CRT COST STATE csn HEARING COST EMS CAT JCP DVC evc CCD OTHERlplooso spocifyl CIVIL APPEAL APPEAL STRICKEN. appoal hos boon disallowed, APPEAL DISCONTINUED. appeal hos boon dlscontinuod by appollant. DISTRICT JUSTICE DECISION UPHELD. court has roached the somo decision os Iho district JUStiCD ludgment. DISTRICT JUSTICE DECISION DISMISSED. court hos reachod 0 decision thot doos not concur with tho dillrlcl JUltico judgment. WRIT OF CERTIORARI WRIT STRICKEN. oppoal hos boon disollowod. WRIT DISCONTINUED. w,it hos boon discontinued by appollnnt DISTRICT JUSTICE DECISION SET ASIDE. thO coso will bo rohoard duo to illoguln'ity,lock of jurisdiction. or Imp,oper venue. WRIT DISMISSED. dislrict justico dociSlon was not 'ound to bo f1owod, locking jurisdiction. or havin9 Impropor vonuo. STATEMENT OF OBJECTION (Ploo,o glvo 0 gono,o'."mm.,y 01 tho ,.."".) OBJECTION DISCONTINUED. ohjoctlon hns boon discontinuod bV tho appollnnt. OBJECTION DENIED. objection hos buon doniod by tho Court 01 Common Pions OBJECTION UPHELD. appollnn", obloctlon hos boon uphold by Iho Court 01 Common Plans. AOPC 729 l)!) FORM PRINTED: 7/24/95 16:22:23 \.r'I en ~ = _-c c' c-" G1 " :'..j ......J,. r..~ o:ij ~~ ~ ! ~ ~~ '" ~! ~ Q) I~ tIl ~Il< ...... Ii ~~ ..., 6 ~ j S ~~ <..)~ .~ ~~ . r..S ~~ i~ l> l'l 00 I 8~ ~Gl H 0 .~ tIl..... ~~ S :z: :c ~~ 0 U . IIlIl< H Z tIl ;1 <..) Eo< ~ <..) oll ~ ..; tIl ~ ~ H ~ ~~ , 0 :z: <..) . . ; . , ' NICHOLAS l!. ~"~E"'AN v. IN THB COORT OF COMMON PLEAS OF CUMBBRLAND COUNTy, PBNNSYLVANIA 9.~ . .3 <;tJ~ L\~(-.:t:-I-'" NO, 95 CIVtL TBRM . JBNNIPBR B. DAOCHBSS, Plaintiff BSSIS & SONS, INC" Defendants CIVIL ACTION - LAW 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. HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT THE OFFICE SET Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 FOR ~/I NICHOLAS & By BROCB D. POREMAN, 3207 North Pront Harrisburg, PA (7171 236-9391 Attorney for Plaintiff Attorney 10 # 21193 BSQUIRB Street 17110 JENNIPBR B. OAUCHESS, Plaintiff IN THE COURT OP COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 95 CIVIL TERM 385 ESSIS & SONS, INC., Oefendants CIVIL ACTION - LAW 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 plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su personal. Sea avisado que si Usted no se defiende, la 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 peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para Usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (7171 240-6200 By \ BRUCE O. PORE ,ESQUIRE Attorney for Plaintiff Attorney 10 # 21193 3207 North Front Street Harrisburg, PA 17110 (7171 236-9391 JENNIPER 8, DAUCHESS, Plaintiff IN THB COURT OP COMMON PLEAS OP CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 95 CIVIL TERM 385 ESSIS & SONS. INC,. Defendants CIVIL ACTION - LAW COMPLAINT AND NOW comes the plaintiff, Jennifer B. Dauchess, by her Attorneys, Nicholas & Foreman, and avers as follows: 1. Plaintiff, Jennifer B. Dauchess, is an adult individual, aui juris, residing at 518 Coral Reef Drive, Gaithersburg, Maryland 20878. 2. Defendant, Essis & Sons, Inc., is a Pennsylvania corporation formed and existing under the laws of the Commonwealth of Pennsylvania with principal offices located at 6220 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff was employed as Defendant from on or about February November 18, 1994, at which time employment of Defendant. a commission salesperson for 17, 1991 through on or about Plaintiff voluntarily left the 4. At the time that Plaintiff left the employment of Defendant, commissions were pending on sales which had not yet been collected, which, when paid, would result in total commissions as per the agreement between Plaintiff and Defendant of Five Thousand Seven Hundred Eight and 44/100 ($5,708.44) Dollars. 5. Payment of commissions was to be made as payments were received for sales by Defendant. 6. Plaintiff believes and therefore avers that all sales upon which commissions were pending on the day of termination of her employment have now been paid. 7. Defendant has paid to Plaintiff a total of Three Thousand Five Hundred Fifty-Six and 00/100 ($3,556.00) Dollars toward commissions, leaving a total remaining due of Two Thousand One Hundred Fifty-Two and 44/100 ($2,152.44) Dollars. 8. Despite the fact that commissions of Two Thousand One Hundred Fifty-Two and 44/100 ($2,152.44) Dollars are now due and despite repeated demands by plaintiff, Defendant has refused and continues to refuse to pay over the Two Thousand One Hundred Fifty- Two and 44/100 ($2,152.441 Dollars in commissions now past due and payable. WHEREPORE, plaintiff asks judgment against Defendant in the amount of Two Thousand One Hundred Fifty-Two and 44/100 ($2,152.44) Dollars, plus Court costs and interest, which amount is within the limits of mandatory arbitration. Respectfully submitted, NICHOLAS & FOREMAN BROCE Attorney plaintiff Attorney ID # 21193 3207 North pront street Harrisburg, PA 17110 (7171 236-9391 VERIPICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J YWIT B :rxw L tttu JENNIPER DAUCHESS oated:...2J1/Cj~- JENNIPBR B, DAUCHBSS, Plaintiff IN THB COURT OP COMMON PLEAS OP CUMBBRLAND COUNTY, PBNNSYLVANIA v, NO. 95 CIVIL TBRM 385 BSSIS & SONS, INC., Defendants CIVIL ACTION - LAW CERTIFrCATE OF SERvrCE I, Bruce 0, Foreman, Esquire, do hereby certify that on this q~ day of August, 1995, I served a true and correct copy of Plaintiff's Complaint upon John Broujos, Esquire, by depositing same in United States First Class Mail, postage prepaid, addressed as follows: John Broujos, Esquire Broujos, Gilroy & Houston, P.C. 4 N, Hanover Street Carlisle, PA 17013 ""H~ ili BY: 8 BRUCE D. POREMAN, ESQUIRE Attorney for Plaintiff Attorney 10 # 21193 3207 North Front Street Harrisburg, PA 17110 (7171 236-9391 - I_n fT) ='= --f :.} ",. > ~~^..J ,~ '" v-, ~~ Z 2 < tu :: ~~ - I t:i w:$ cr z ell: Iii ~ ~~ 1/'1 e~ '" !z ~ ~ . .... M III A. ~~ oz'" , . ~ cr z ~ ~~ ::- ..... . ~ ~ "-w ~~ ~~ ~~ :I:"-f:: ~ ~ 3...:1 Ii:ciE .~ ocr uiJ!! 8 ~ 0 z :> '.... ~8 I ~~ ! ::: ~ ~ lOP, U I ::i - !.l1 ... 1/'1 Z :I: ~ C'l '" H l:!1 I.B ~ III ~tl , 13 ~ .' ~ NIl'1101..\S & 10'01(10:'1":\ ., . .. ;; " ". .' JENNIFER B. DAUcHESS, I IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. .? p',-s I NO. 95 CIVIL TERM ~ ESSIS &. SONS, INC., I Defendants I CIVIL ACTION - LAW ANSWER TO NEW MATTER 9. Denied as stated: to the contrary it is averred that at the time of commencement of the employment relationship of Plaintiff by Defendant, Plaintiff was advised that Plaintiff would be paid commissions for all sales which occurred during her employment upon the installation of the items sold. 10. To the extent that Paragraph 10 of Defendant's New Matter is not a legal conclusion and requires response, the same is denied: by way of further answer, it is averred that Plaintiff was entitled to payment of commission on all sales on installation of the same, whether installation occurred prior to or after termination of employment. 11. Admitted in part and denied in part: it is admitted that at the time of voluntary termination by plaintiff, despite Plaintiff's demands for the same, not all commissions owed to her were processed by Defendant: the remaining averrments of Paragraph 11 of Defendant's New Matter are denied and, if relevant, strict proof thereof is demanded at trial. 12. Denied as stated: it is agreed that on or about February 28, 1995, Plaintiff reviewed her accounts at Defendant's place of business and that Defendant agreed that Plaintiff would have been paid more than $2612.00 in commissions, based on sales made prior to termination of her employment. However, it is denied that the sum paid was accepted as full compensation by Plaintiff but rather that Plaintiff demanded and continues to demand all remaining amounts of commission earned by her by sales, which occurred prior to her termination of employment, whether the installation occurred before or after termination of employment; All remaining averrments of Paragraph 12 of . . Defendant's New Matter are denied and, if relevant, strict proof thereof is demanded at trial. 13. Denied as stated; it is agreed that Defendant paid Plaintiff the sum of $1,306,00, however, it is denied that that was based on any agreement of the "conference" and it is denied that that was the sum due and owing from Defendant to Plaintiff; the remaining averrments of Paragraph 13 of Defendant's New Matter are denied and, if relevant, strict proof thereof is demanded at trial. 14. Denied; to the contrary it is averred that Plaintiff had no work which she was to perform following sale as part of the installation process. The remaining averrments of Paragraph 14 of Defendant's New Matter are denied and, if relevant, strict proof thereof is demanded at trial, 15, After reasonable investigation, Plaintiff is unaware of any "policy" of Defendant with regard to voluntary pay to terminated salespersons; by way of further answer to Paragraph 15 of Defendant's New Matter, Plaintiff was never advised of any policy of Defendant other than that Plaintiff was advised that she would be paid her commission on all sales which she made while employed, with payment to be made to her at the time of installation; the remaining averrments of Paragraph 15 of Defendant's New Matter are denied and, if relevant, strict proof thereof is demanded at trial. WHEREFORE, Plaintiff asks judgment as set forth in her original Complaint. Respectfully submitted, NICHOLAS << FOREMAN O/WLL .0. "1-D!\Q.{VlCv/\ BRUCE D. FOREMAN Attorney for Plaintiff Attorney ID # 21193 3207 North Front Street Harrisburg, PA 17110 (717) 236-9391 !c~ . . VERIFICATION ,. I verify that the statements made in this Complaint are true and correct. 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. Dated: t} lJ.l/qC) '}-Il dll..LM- JENNIFER JBNNIFBR B. DAUCHBSS, Plaintiff IN THB COURT OP COMMON PLEAS OF CllMBBRLAND COUNTY, PBNNSYLVANIA v, NO. 95 CIVIL TBRM 3S5 BSSIS & SONS, INC., Defendants CIVIL ACTION - LAW CBRTIFICATB OF SBRVICB I, Bruce D, Foreman, Esquire, do hereby certify that on this 28th day of September, 1995, I served a true and correct copy of Plaintiff's Answer to New Matter upon John Broujos, Esquire, by depositing same in United States First Class Mail, postage prepaid, addressed as follows: John Broujos, Bsquire Broujos, Gilroy & Houston, P,C. 4 N, Hanover Street Carlisle, PA 17013 NICHOLAS << FOREMAN BY' [JNJ-u, D- .1o~(Vltl-V) ~~. /c.~ . BRUCE D. PORBMAN, ESQUIRE I { Attorney for Plaintiff Attorney ID # 21193 3207 North Front Street Harrisburg, PA 17110 (717) 236-9391 .. .... . .Il''' TO ~ ~~~ 'tOU "" HI"leV NOTl . TO '&.lAD TO ntl INCI.OIID PUooPlHCf .WITHIN TWINTY tlO. DAY' 0) I."VIC.- HI'U:Or 0" DI,,,ULT MAY 81 aNTI: A aT BROU.JOS, GIL.ROY Be HOUSTON, P. C. ATTOlltN&YII AT LAw .. NOlinH HANOVlCft .-T1It.ET CARLISLE, PENNSVLVANIA 1701:1 "171 .""a-4S'"" 7......0 .~, ~. .... . . l' , . "...-_. .- - ..~ .' " JENNIFER B. DAUCHESS, Plalndff IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA v, NO, 95-3895 CIVIL TERM FSSIS & SONS, INC" Defendant CIVIL AcrJON - LAW ANSWER TO COMPLAINT AND NOW comes the Defendant Essis & Sons, Inc. by and through their attorneys Broujos, Gilroy & Houston, P.C. and avers as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted that at the time Plaintiff left employment of Defendant, commissions were pending on sales which were written up but for which installations were not completed and for which 50% final commission had not been paid. Denied that a full commission was owed. On the contrary, additional work was required to be performed on accounts for which Plaintiff claims recovery. Denied that a full commission was owed. On the contrary, no commission was owed, but Defendant agreed to pay to Plaintiff 50% of the commission that would have been earned if Plaintiff remained as a salesperson, as more fully set forth in New Matter. Denied that total commissions owed was $5,708.44. On the contrary, Defendant paid to Plaintiff $1,306 as a balance on commissions and no additional compensation was owed. Plaintiff has failed to aver whether the claim is based upon a writing as required by PaRCP 1019 (h). ., 5. Denied. On the contrary, payment was to be made when the installation was completed. Thereafter, salesperson had duties of inspection, responding to inquiries and complaints. 6. Admined that all sales were paid. Denied that commissions for a salesperson terminating service were pending or due. By way of further answer, there were additional services required to service the accounts. 7. Admitted that Defendant has paid to Plaintiff the sum averred; denied that there is any balance owed Plaintiff. Denied that any commission was due after payment on March 3, 1995. On the contrary, all commissions pending on the day of termination of Plaintifrs employment and to this date have been paid. 8. Denied that any commissions are due. On the contrary, Defendant paid commissions to Plaintiff for jobs for which additional services were due and unperformed, since the jobs were not completed at the time of her termination. NEW MATTER 9. Verbal agreement of the parties at the commencement of relationship was for commission to be paid during employment upon sale and completion of installation of work and duties of the salesperson. 10. Plaintiff was not entitled to any payment after termination and is not entitled to her claim. There was no agreement for payment of commission after termination of employment. 11. On or about November 18, 1994, at time of voluntary termination by Plaintiff, the accounts were not all processed. 12. At or about February 28, 1995, at a conference to discuss her account, followed by a thorough review of accounts by Plaintiff in Defendant's place of business at 6220 Carlisle Pike, Mechanicsburg, Plaintiff and Defendant agreed that the sum of $2.612 was the total amount of commissions which Defendant would pay for accounts completed after her termination on November 18. 1994. 13. Based on said conference. Defendant on March 3, 1995 paid to Plaintiff 50% of the commission that would have been paid upon completion of installation work if she had continued employment with Defendant, which was the sum of $1.306, one-half of the $2.612 which she would have received. 14. Upon termination of employment, there is additional work to be performed by a salesperson which specifically was to have been performed by Plaintiff. consisting of continued maintenance of the work by any required inspection of the work, responding to inquiries. handling complaints. and other services. plaintiff was unable to perform this work because she voluntarily terminated her employment. 15. Defendant's policy is to voluntarily pay to terminated salespersons 50% of the commission which would have been earned if the person had remained in employment. if work was completed. and if required services were performed. in the nature of severance pay to help a person in transition. WHEREFORE DEFENDANT asks the Honorable Court to dismiss the Complaint. Date: ('", ._~ ~ C- ~. ~ t~ ire ~ BROUJOS, GILROY & HOUSTON, p.e 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 7171766-1690 FAX #717/243-8227 ~ JENNIFER B. DAUCHESS, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA PlalnlllT v, ESSIS & SONS, INC" NO, 95-3895 CIVIL TERM Defendant : CIVIL ArnON - LAW CERTIFICATE OF SERVICE I. John H. Broujos, Esquire, hereby certifY that I have served a true and correct copy of the foregoing Answer to Complaint upon the Plaintiff Jennifer B. Dauchess, by serving her attorney Bruce D. Foreman, by United States Mail, First Class, Postage Prepaid, on September 6, 1995, at the following address: Bruce D. Foreman, Esquire Nicholas & Foreman 3207 N. Front Street Harrisburg, P A /7/10 . Broujos, Esq re y for Defendant BROUJOS, GILROY & HOUSTON, P.c. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 FAX #717/243-8227 ,'t. ~ ; ;.: . ., ~,. -< ~ .." -., " - = .... .... S; c..; .." -"- ~_. BAUCRB$S, JENNIPER B. '161-56-1561 co_1ss10D draw over/sbort pa1d BALANCE (bal. as of 12/31/93) -1257.29 JAB 1994 2294.85 1500.00 +794.85 - 462.44 350.00 - 812.44 PEB 1994 584.93 1500.00 -915.07 -1727.51 MAR 1994 994.84 1500.00 -505.16 -2232.67 APR 1994 2274.20 2250.00 + 24.20 -2208.47 MAY 1994 3889.06 1500.00 +2389.06 + 180.59 1000.00 - 819.41 JON 1994 2870.63 1500.00 +1370.63 + 551.22 500.00 + 51.22 EXHIBIT I D{ '- \ - --.' --". --- ..' -.--.-........ . - ---'.'.'-' -. _. --.." DAUCRBSS, JENNIFER B. 161-56-1561 . ..._.- - .. co_ission draw over/short paid BALANCE JUL 1994 2460.54 1500.00 + 960.54 +l011.76 1000.00 + 11.76 AUG 1994 1396.76 1500.00 - 103.24 91.48 SEP 1994 1921.78 2250.00 - 328.22 - 419.70 OCT 1994 2273.74 1500.00 + 773.74 + 354.04 350.00 + 4.04 NOV 1994 3735.73 1500.00 +2235.73 +2239.77 50" maintenance fee 1/2 month esS8.94 +1680.83 co_ission paid in Dec. -1500.00 + 180.83 DEe 1994 1658.99 0 +1658.99 +1839.82 50% maintenance fee DEe ~829.49 +1010.33 JAN 1995 252.63 0 + 252.63 +1262.96 50" maintenance fee JAN. ""126.32 +1136.64 , DAUCHBSS, JBNNIPBR B. 161-56-1561 adjustments A89686 A89682 f>MJ balance bought forward........... +1136.64 to co_ission 214.57 125.00 339.57 ~- 1- q S- !~ 169.79 +1306.43 l,1o<..1fi1 o ~. <. ow o .0(, . , ~ 00 .:; . 00 . 00 u . 00 . 00 G . CC . 5 ~ . . ; t, + b ~ ~ . , ~ + ~ f , ? + 6 ; . i ~ + O~ .. . -;., 1,6 e. . ': 4 , -.:. .~ . -. co C . OC . CQ 0 . C t , -zrennl~ aJ~dA^ . 'P v, Cumberland County. ?ennsylvania ~o .!Z5:... .3~t? b - CI t/~-lerrrr. In The Court of Cocmon Pleas of ) ) ) ) ) ) \ c$is q ~, IY1r , j) OA':'H , ,; w. do solemnlv swear (or affirm) that we will support, obey and defend the Conatitution of the United States and the Consti~tion of this Co~on- ~ealth and that we will discharge the duties of 0 r fidelity, AWARD We. the undersigned arbitrators, having ~een duly appointed and swcrn (or af~irmed), make the following award: (Note: If damages for delay are awarded, they shall ~e separately stated.) h'nd ..foot' ~ Ph;Nlbf:p~~j etk /)1J1~AMt:. ~J ~~~~""...r:m ~ __,..fur i IhR/}',SjIo" . Arbitrator, dissents. (Insert name i: applicable, ) Dace of !Iearing: .3 a,p. 96 :late of Award: 3 a..rz.- 90 NOTICE OF ~! OF AWARD Now. theJJt(( dav of {)tJll-' l.. award was entered upon the dockec and parties or their attornevs. . 19..2.b.... atJ'()'-I. .e.,:l.. the above ~otice chereof given by mail to the Arbitrators' cocpensation :0 be paid upon appeal: S ;;u..o, 0('\ N'~'M'_~r - [J t.." ),7tlJlL../ "rothonotarv 3YI_ a~r p '/~J...""",r .~~, eput:, ." I 1"'-1.~<1.._. (/J.'-.....f.'...... ) .. At', J t J (..u1...t4'''pJ OJ)....J- , 7 3 " ~'~rj ,'".J(,_...L-tL4~'- ~ -, .."{,/.__4 ,:}(.o!.'-'~ r ...... -' ~ rJ . ~ '" r -- c- =1:l -I- ~ -< ~ ""- , -- ~(r " . ~....!:. " ro' t (';. ..t -> -~ ~Z "0':\ .."\ .,. Ii' JENNIFER B. DAUCHESS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V . . 95 CIVIL TERM 38tq( :HO. ESSIS & SONS, INC., Defendant . . . . PRAECIPE To the Prothonotary: Please mark the above captioned action settled and discontinued. 0~ Bruce D. Foreman, Esquire 3207 North Front Street Harrisburg, PA 1711 0 (717) -236-9391 Attorney for Plaintiff I I , ", , ) ~~> ..... ~