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HomeMy WebLinkAbout95-05091 JAMES PEARSON, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 95-5091 CIVIL 19 TAMMY R. DANIELS, TID/B/A DANIELS JANITORIAL SERVICE, : Defendants NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above-captioned matter will meet for the purpose of their appointment on Monday, November 23,1998, at 9:00 a.m., in the Second Floor Hearing Room of the Old Cum rland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear d be heard, together with your witnesses and unsel, if you so desire. r- q. squire, Chainnan / Dated: October 5,1998 Copies to: Court Administrator Cumberland County Court House I Courthouse Square Carlisle, PA 17013 Geoffrey S. ShutT, Esquire 2109 Market Street Camp Hill, P A 170 II Brian K. Zellner, Esquire Attorney for Plaintiff 3805 Market Street, P.O. Box 368 Camp Hill, PA 17011 Peter J. Russo, Esquire 61 West I.outher Street Carlisle, PA 17013 Michael L. Bangs, Esquire Altomey for Defendant 302 South 18th Street Camp Hill, PA 17011 MAfn\, WE.K.tt APlIn l'f.HKIN'> ^llllH"'f".. lI,T lAW I.'t! 14...' ~IN(, ...'Htl,I ..t1tPP.,N',"UHt, PA 112"1'197 .t ~. ,..; i::: C': If ~ :~ :'\ ,,' , .' .... \-:. ~. a.. p N L~: ;~~ ,- L;-: - ;('21 ,~IH t:: ,:.;: L> '" ~-- C5 ,... '-, a, Q ;. .--. .' .' c. ~ r " - o " " - . JAnES PEARSON, Plaintiff : IN THE COURT OF connON PLEAS : CUnDERLAND COUNTY, PENNSYLVANIA Y. : NO. 95-5091 CIVIL TERn TAnny R. DANIELS. t/d/b/a: CIVIL ACTION - LAW DANIELS JANITORIAL SERVICE: Defendant 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 tWlllty (20) days after this complaint and notIce have been served. To defend agaInst the aforementioned claims, a written appeal1lnce stating your defenses and ob jectlons must be lIltered and flied In writing by you, the Defendant, or by an attorney. You are warned that If you fall to take action agaInst these claIms, the cort may proceed wIthout you and a judlJnlllt ffr a~ money claImed In the complaInt fr ffr another claIm required by the PlaIntiff may be entered against you by the Court wIthout further notice. You my lose money, property fr other rIghts Impfrtant 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 TELEPIilNE THE lFFICE SET FORTH BELOW TO FIND em WHERE YOU CAN GET LEGAL IELP. CUMBERLAND COUNTY CUMBERLAND COUNTY LAWYER REFERRAL SERVICE One Courthouse Square Forth Flofr CarUsle, PA 17013 (717) 697-0371 NOTlCIA Le hill demllndlldO a usted en la corte. SI usted qulere defenderse de estllS dllTlenles elClullStIls en las paglnas sl~llIltes, usted tlene vlente (20) dies de plezo al pll1lr dela fecha de la demanla y la notlflcaclon. USted debe presentar una aptrlencla esaita 0 III persona 0 por abogado y archlvar en la corte en forme eserlte sus defenses 0 sus obJeclones alas demendas en contra de su persona. Seaevlsado que sl ulted no se defllllde, Ie corte tomare medldllS y puede lIltrar una orde contl1l usted Iln pnIYlo avlso 0 notlflcaclon y Pfr cualquler queJa 0 ellvlo que es pedtdo III la petlclon de demllndll. USted puede perder dtnero 0 SUS propledlldeS 0 otros derechos IlrClortentes pera us ted. '. " LLEVE ESTA DEMANDA A UN ABDDAGO IMMEDIATAMENTE. SI NO TlENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LiAME POR TELEFONE A LA OFICINA CUYA PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY CUMBERLAND COUNTY LAWYER REFERRAL SERVICE One Courthouse Square FOll"lh Flolr Cerlls1e.PA 17013 (717) 697-0371 (1,\ I Ii -'.. /', - By' DCD:s111 . JAMES PEARSON, PLAINTIFF IN mE COURT OF COMMON PI.FAS CUMBERlAND COUNTY, PENNSYLVANIA NO: 95-5091 CML TERM CML ACTION - LAW V5. TAMMY R. DANIELS, t/d/b/a! DANIELS JANITORIAL SERVICE, DEFENDANT COMPLAINT COUNT I ACTIQN TO RECO~ WAGIlS JIliDER ORAL CONTRACT OF EMPLOYMENT AND NOW comes the Plaintiff, James Pearson, by his attorney, Darrell C. Dethlefs, and respectfully represents that: 1. Plaintiff Is an individual, with an address at 1927 Kent Drive, Camp Hili, Cumberland County, Pennsylvania. 2. Defendant Is an individual with an address of 1853 Holly DrIve, Camp Hill, Cumberland County, Pennsylvania, and doing business as a janitorial service, with Its principal place of business at 239 South 17th. Street Rear, Camp Hili, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant entered Into an oral agreement In July of 1993 whereby the Defendant agreed to employ Plaintiff full-time In its service In the capacity of a sales representative and supervisor. at a salary of Five Hundred and Bght Dollars and Bghty Cents ($508.801 per week. 4, The Plaintiff, relying upon the said promise of the Defendant. did then and there enter Into the employ of the Defendant as a sales 1 representative and supervisor, and served the Defendant In that capacity until his wrongful dismissal In June 1994, 5. Plaintiff avers he was wrongfully dismissed from Defendant's employment because of a preexisting health disability. 6, As a result of his wrongful termination, Plaintiff Incurred substantial damages In the form of lost wages. 7. Despite repeated demands, no part of these lost wages has ever been paid by the Defendant to the Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant In an amount In excess of Twenty-Five Thousand Dollars ($25,000.00) plus costs and expenses as provided by law. COUNT II ACTION TO RIlCOVER WAGES UNDER WIUTTEN CONTRACT OF ~nwrn: 8. Plaintiff Incorporates the ailegations of paragraphs 1 through 7 Inclusive as If set forth at length. 9. Funhennore. on March 21. 1994. Plaintiff and Defendant entered Into a written agreement. a true and correct copy of which is annexed hereto, marked Exhibit . A', and made a part hereof, whereby Defendant agreed and promised to pay Plaintiff as further compensation a specified percentage of ail new business contracts secured by Plaintiff, 10. The Plaintiff. relying upon this written agreement with the Defendant, secured at least three (3) new business contracts for Defendant, and 2 Is owed at least One Thousand Flve-lIundred and thirty-Five ($1,535.001 Dollars for these contracts under said wrlllen agreement. 11. Plaintiff further avers that other business contracts were likely secured by Defendant through the efforts of the Plaintiff prior to Plaintiffs dismissal, but that Plaintiff has been unable to secure access to the details and amounts of such business contracts. 12. Despite repeated demands, no part of the said sum of at least One Thousand Five-Hundred and Thirty-Five ($1.535.00) Dollars. plus any other pOSSible sums due and owing, has ever been paid by the Defendant to the Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant In an amount in excess of Twenty-Five Thousand Dollars ($25,000.00) plus costs and expenses as provided by law. COUNT III ACTION TO RECOVER HEALTH INSURANCE PREMIUMS UNDER ORAL CONTRACT OF EMPIDYMENT 13. Plaintiff Incorporates the allegations of paragraphs 1 through 12 inclusive as if set forth at length. 14. In accordance with the terms and conditions of Plaintiffs employment, Defendant was to provide health Insurance coverage to Plaintiff as part of sald employment. IS. Furthermore, Defendant provided Plaintiff with an employee handbook. a true and correct copy of the relevant portion of which is annexed hereto, marked Exhibit "B", and made a part hereof, whereby Defendant agreed 3 and promised to cover each employee with a health Insurance plan after one hundred and twenty (120) days of employment. 16. Plaintiff worked for Defendant as a loyal and efficient employee well beyond this one hundred and twenty (120) day requirement. 17. Defendant, In breach of Its earlier promise to Plaintiff and in direct violation of its employee handbook, never provided Plaintiff with health Insurance coverage, despite Defendant's repeated promises of pending health insurance coverage. 18. As a direct and proximate result of Defendant's breach, Plaintiff was forced to secure health insurance coverage from other sources at a cost of approximately Three Thousand One Hundred and Sixty ($3,160.00) Dollars, WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00) plus costs and expenses as provided by law. Respectfully Submitted, t,. .-"';5' ^~t' " DARREll C. DFfHLEFS AlTORNEY FOR PlAINTIFF SUITE 205; 355 NORllf 21ST. STREf!r CAMP HIll, PA 17011 (717) 975-9446 AlTORNEY ID II 58805 4 Daniels Janitorial Service Commercial and Residential 2:39 S. 17th Street. Rear Camp Hill, PA 17011 (717) 7:37.2599 Incentive Program: 3/21/94 James E.Pearson, To receive 10% on all contract(s) signed and started in 1994. Payment of 10% On the monthly invoicing over a 6 month period to start 10 days after receipt of eaca invoice payment. Payment of 10% will c~ase at the receiving of the 6 month anniversary of each contract(s), termination of employment, leaving the business for other employment, or the cessation of the business. Not included in the 10% incentive are one time jobs; One time cleanings, carpet extractions, strip and wax of tile foors.. .etc.. " _ - ~ )/L (. '-...;;::'-::,'',.;7114'l1 VA ,f ri)~(.~ Tammy R{ jJ'aniels OWNER .3/.2. 2-/ ~..; Date { ~-? E. Pearson Exhibit "AU "Professionals with a Personal Touch" ~,~~,. 10 EMPLOYEE"S BENEFITS I I I I I ,I , , 1 I I I A. Insurance If you are hurt while on the job, you will be allowed time off with pay in order to visit the business doctor. Our Business pays the premium on Workers Compensation Insurance to cover payment to you for injury and payments in loss of salary, for you for time lost because of on-the-job accidents. The Business has a hospitalization and medical insurance plan for the employees. The insurance premiums of each employee is shared with the employee by the Business. Insurance premiums for dependents are paid by the emplyee. In order to eligible for the Business's different insurance plans, an employee must be with the Business at least one hundred twenty(l20) days. Check with the office for details on our insurance plans. B. UNEMPLOYMENT INSURANCE The entire cost of unemployment insurance is paid by Daniels Janitorial Service without any deduction from your wages. If you are unemployed through no fault of your own, you may be eligible for unemployment insurance. HOLIDAYS The following holidays will be observed by DANIELS JANITORIAL SERVICE; New Year's Day, Memorial Day, July ~th, Labor Day, Thanksgiving Day, and Christmas Day. When the holiday is locally observed on Sunday, the following Monday will be observed as the holiday; when a holiday falls on a Saturday, the Friday preceding will be observed as the holiday. For all holidays not worked, each employee will receive his regular hourly rate of pay, based on an eight-hour day. Any employee required to work on a holiday will be paid time and a half plus regular holiday pay, provided they have worked the day before and the day after the holiday and have reached a forty-hour week. The holiday will be counted as a work day. An employee must have worked on the regular scheduled work day immediately proceeding and immediately following a holiday to receive holiday pay. To be eligible for holiday pay, an employee must be with the Business at least one hundred twenty(120) days. VACATIONS New empl must be with Employees wit will be given of complete s years of comp ~ion, Exhibit I1 ! r vice 1 year ( 10) > VERIfICATION I VERIFY that the statements made In this Petition 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 Pa. c.s. S 4904. relating to unsworn falsification to authorities. DAnnq -'{ - ~7 L s I CTl .:;J ~i .. - :c ~l I~ 0.- N 3 I :i Hi ~ ~a. ~ 00 CTl . . " . . . . '" . . JAMES PEARSON, Plaintiff VS, TAMMY R. DANIELS, t/d/b/a DANIELS JANITORIAL SERVICE, Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO, 95-5091 CIVIL TERM NOTICE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MA Y BE ENTERED AGAINST YOU. ~ MICHAEL L. BANGS Allomey for Defendant 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 WHEREFORE, Defendant requests this Honomble Court dismiss Plaintilrs Complaint together with costs of suit. COUNT III 13, Defendant incorpomtes the answers to Pnragmphs I through 12 as though more fully set forth herein. 14. Denied. It is specifically denied that Defendant agreed to provide health insurance coverage to Plaintiff as part of his employment. It is averred that Plaintiff specifically indicated to Defendant that he was not in need of health insurance since he had coverage through other sources. I S. Denied. It is specifically denied that Defendant ever provided Plaintiff with an employee handbook, that Exhibit B attached to Plaintilrs Complaint is a true and correct copy of any employee handbook. and further that Defendant ever agreed to provide employee with a health insurance plan after one hundred twenty (120) days of employment. It is averred that Defendant never had an employee handbook in effect and that Exhibit B was somehow surreptitiously acquired by Plaintiff and in no way represents a document that exists in Defendant's business. 16. Denied. It is specifically denied that PlaintilT was a loyal and efficient employee and that he worked beyond anyone hundred twenty (120) day requirement which did not exist. 17. Denied. It is specifically denied that Defendant made any promises to Plaintiff as it relates to health insurance and that it violated any provision of any employee handbook since it 3 did not exist and that it made any repeated promises to Plaintiff of pending health insurance coverage, 18. Denied. After reasonable investigation Defendant is without knowledge sufficient to fonn a belief as to the truth of this avennent and therefore it is denied and strict proof thereof is demanded at the trial of this case. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint together with costs of suit. NEW MATIER 19. Defendant's Answers to Paragraphs I through 18 are incorporated herein by reference as though more fully set forth herein. 20, Plaintiff has failed to properly exhaust his administrative remedies and therefore the case is not ripe for disposition in this forum. 21. Plaintiff failed and refused to perfonn his job duties and expectations which Plaintiff and Defendant discussed and agreed upon. 22. Plaintiff was an at-will employee. 23. Defendant advised Plaintiff at the time of his dismissal that the Plaintiff was not producing sufficient revenues in the fonn of new sales to justify his position. 24. Defendant, at the insistence of Plaintiff. paid to Plaintiff certain commissions on sales that Defendant later detennined to be in excess of those required to be paid under the tenns 4 33. Plaintiffs actions were intentional and intended to harm Defendant, Defendant's business, goodwill and reputation. 34. Defendant has suffered damages as a result of Plaintiffs actions including, but not limited tO,loss of existing contmctual relationship, loss of goodwill and reputation. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff in an amount in excess of$25,OOO.00. COUNT II INTENTIONAL INTERFERENCE WITH PROSPECTIVE BUSINESS RELATIONSHIPS 35. Defendant's answers to Paragmphs I through 18, and Paragraphs 19 through 34 are incorpomted herein by reference as though more fully set forth herein. 36. Defendant's business relies on repeat and continued janitorial and cleaning services to clients. 37. Plaintiff wrongfully interfered with existing and prospective customers and clients of Defendant and induced some clients and customers to obtain their janitorial service elsewhere. 38. Plaintiffs action were intentional intended to harm Defendant, Defendant's business, goodwill and reputation. 39. Defendant has suffered damages as a result of Plaintiffs actions including, but not limited to, the loss of existing clients, the loss of prospective clients, and the loss of goodwill. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff in an amount in excess of$25,Ooo.00. 6 COUNT III UNJUST ENRICHMENT 40. Defendant's answers to Paragraphs I through 18, and Paragraphs 19 through 39 are incorporated herein by reference as though more fully set forth herein. 41. During the period ofPlaintilrs employment, Plaintiff was to receive commissions in accordance with the schedule contained in Exhibit A which is attached to Plaintilrs Complaint. 42. Upon cessation of Plaintilrs employment with Defendant, all commission payments were to stop. 43. Plaintiff made several claims and demands upon Defendant for commissions which he said he was allegedly owed for various contracts or sales that he allegedly made during the course of his employment. 44. Defendant paid Plaintiff the commissions to which he claimed. 45. Defendant, after Plaintiff stopped working for Defendant, detennined upon review of Defendant's business records that it had overpaid Plaintiff commissions for sales that were either not made or which exceeded the amounts that were to be paid for those sales that were made during the course of Plaintilrs employment with Defendant. 46. Plaintiff was unjustly enriched by receiving commissions that were otherwise not due and payable to Plaintiff under the tenns of the agreement for payment of those commissions between Plaintiff and Defendant. 47. Defendant has been damaged as a result of the unjust enrichment to Plaintiff in the amount 01'$759.5 I. that representing the amount that Plaintiff was overpaid by Defendant. 7 VERIFICATION I hereby verify that the statements made in the foregoing Answer, New Matter and Counterclaim are tnJe 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, Date: II-} 7 -1 7 '1~~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that 1 have this day served the foregoing Answer. New Matter and Counterclaim by depositing a copy of same in the United States mail. postage prepaid. at Camp Hill. PeMSylvania, addressed to the following: Darrell C, Dethlefs, Esquire Suite 205 355 North 21st Street Camp Hill, PA 17011 DATE:J!J;V. It /~91 , ",<,j~;" t ) It f . : JAMBS PEARSON, : IN THB COURT OF COIoM)N PLEAS CtlMBBRLAHD COUNTY, PENNSYLVANIA CIVIL ACTION - LAN Plaintiff : v. TAMMY R. DANIELS, t/d/b/a DANIELS JANITORIAL SERVICE, Defendant NO. 95-5091 CIVIL TERM REPLY TO HEN MATl'BR AND NON, comes the Plaintiff, James Pearson, and replies to the New Matter of the Defendant, Tammy R. Daniels, t/d/b/a Daniels Janitorial Service, as follows: 19. No response required. 20. Denied. The avennent contained in Paragraph 20 contains a conclusion of law to which a response is not required. If it is detennined that a response was required, the Plaintiff denies that he failed to properly exhaust administrative remedies and further denies that the case is not ripe for disposition in this forum. Proof to the contrary is demanded at the trial of this case. 21. Denied. The Plaintiff denies that he failed and refused to perfonn his job duties and expectations which the Plaintiff and Defendant discussed and agreed upon. Proof to the contrary is demanded at time of trial. 22. Denied. The avennent contained in Paragraph 22 is a conclusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that being an employee at will prevents him from recovery in this case. Proof to the contrary is demanded at time of trial. , 23. Denied. The Plaintiff denies the averment contained in Paragraph 23 as stated. The Plaintiff further denies that he was not producing sufficient revenues in the form of new sales to justify his position. Proof to the contrary is demanded at time of trial. 24. Denied. The Plaintiff denies that he was paid commissions in excess of those required to be paid under the terms and conditions of the agreement for payment of commissions while Plaintiff was in Defendant's employ. Proof to the contrary is demanded at time of trial. 25. Denied. The averment contained in Paragraph 25 states a conclusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that he was not entitled to receive any further commissions upon his termination from Defendant's employ. 26. Denied. The averment contained in Paragraph 26 states a conclusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that his claim was barred in whole or in part by the applicable Statute of Limitations. Proof to the contrary is demanded at time of trial. 27. Denied. The averment contained in Paragraph 27 states a conclusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that his claim is barred by application of the employee at will doctrine. , WBBRBPORB, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of $25,000.00, ANSIfBR TO COUNTBRCLAIM - COUNT I 28. Plaintiff I s allegations to Paragraphs 1 through 18 of the Complaint and his answers to Paragraphs 19 through 27 in the New Matter are incorporated herein by reference as though fully set forth herein. 29. Admitted. 30. Denied. After reasonable investigation, the Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore, it is denied and strict proof thereof is demanded at the trial of this case. 31. Denied. The averment contained in Paragraph 31 states a conclusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that he wrongfully and without privilege or license interfered with Defendant's existing contractual relations with others and induced others not to continue to contract or deal with Defendant. Proof to the contrary is demanded at time of trial. 32. Denied. The averment contained in Paragraph 32 states a co~clusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that hiB actions were not privileged. Proof to the contrary is demanded at time of trial. \ \ . 33. Denied. The averment contained in paragraph 33 states a conclusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that his actions were intentional and intended to harm Defendant, Defendant'S business, goodwill and reputation. By way of further response, any implication that the Plaintiff engaged in any activity that affected the Defendant's business, goodwill or reputation is denied. proof to the contrary is demanded at time of trial. 34. Denied. The averments contained in paragraph 34 state conclusions of law to which a response is not required. If it is determined that a response was required, the plaintiff denies that the Defendant suffered damages as a result of plaintiff's actions. proof to the contrary is demanded at time of trial. WHBRBPORB, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of $25,000.00. IIIo1IRWRR TO COT1U'l'RRMAIM - COUNT II 35. plaintiff's allegations to paragraphs 1 through 18 of the complaint and his answers to paragraphs 19 through 34 are incorporated herein by reference as though more fully set forth herein. 36. Denied. After reasonable investigation, the Plaintiff is without Knowledge sufficient to form a belief as to the truth of this averment and strict proof thereof is demanded at the trial of this case. 37. Denied. The averment contained in Paragraph 37 states a conclusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that he wrongfully interfered with existing and prospective customers and clients of Defendant and induced some clients and customers to obtain their janitorial service elsewhere. Proof to the contrary is demanded at time of trial. 38. Denied. The averments contained in Paragraph 38 state conclusions of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that his actions were intentionally intended to harm Defendant, Defendant's business, goodwill and reputation. By way of further response, any implication that the Plaintiff committed any action is denied. Proof to the contrary is demanded at time of trial. 39. Denied. After reasonable investigation, the Plaintiff is without sufficient knowledge to form a belief as to the truth of the averment contained in Paragraph 39. Strict proof is demanded at time of trial. WHBRBPORB, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of $25,000.00. ANSNRR TO COlJNTRRC'J.A.IM - COUNT III 40. Plaintiff's allegations to Paragraphs 1 through 18 of the Complaint and his answers to Paragraphs 19 through 39 are incorporated herein by reference as though more fully set forth herein. 41. Admitted. 42. Denied. The Plaintiff denies any implication that he was not entitled to payment of additional commissions at the time of the cessation of his employment with the Defendant. Proof to the contrary is demanded at time of trial. 43. Admitted. 44. Denied. The Plaintiff denies that the Defendant paid him the commissions to which he claimed. Additionally, Plaintiff denies that he is not owed additional commissions from the Defendant. Proof to the contrary is demanded at time of trial. 45. Denied. After reasonable investigation, the Plaintiff is without sufficient information with which to form a belief as to the truth of the averment contained in Paragraph 45 and thus. strict proof thereof is demanded at time of trial. 46. Denied. The averment contained in Paragraph 46 states a conclusion of law to which a response is not required. If it is determined that a response was required, the Plaintiff denies that he was unjustly enriched by receiving commissions that were not due and payable to the Plaintiff under the terms of the contract for payment of those commissions between the Plaintiff and Defendant. Proof to the contrary is demanded at time of trial. 47. Denied. The averment contained in Paragraph 47 states a conclusion of law to which a response is not required. If it is determined that a response was required. the Plaintiff denies that the Defendant was damaged as a result of unjust enrichment in the amount of $759.51 representing an alleged overpayment. Proof to the contrary is demanded at time of trial. .. WHBRBPORB, the Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00. By: R s ectfully Submitted: Date: \1,~\-'11 Darrell C. Dethlefs, Bsquire Attorney ID No. 58805 Wagner Building - Suite 205 355 North 21st Street Camp Hill, PA 17011 (717) 975-9446 VERIFICATION I hereby verify that the statements of fact made in the foregoing REPLY TO NBW MATTER are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: \1.....'1,\-'1.1 4( Pearson CBRTIFlCATB OF SERVICE I hereby certify that I am this date serving a true and correct copy of the within RBPLY TO NBN MATTER upon the following by depositing the same in the United States mail, first class, postage pre-paid and addressed as follows: Michael L. Bangs, Bsquire 302 South 18th Stre t Camp Hill, PA 170 Da rell C. Dethlefs, Bsquire Date: \ J _ ~ \ J1 7 i TMP transitional medical program Johnson & Higgins/ Kirke-Van Or.;del, Inc. 1 i76 West lakes Parkwa P.O. Box 9122 es Moines. Iowa 50306 1-800-23i-6216 09/08/93 JAMES E PEARSON 1927 KENT DRIVE CAMP HILL. PA 17011 RE: IBM TRANSITIONAL MEDICAL PROGRAM ACCOUNT #420748049 " Dear JAMES E PEARSON: This will confirm your enrollment in the Transitional Medical Program (TMP) as a IBM US Marketing & Services Transition Program (MSTP) participant. The enclosed enrollment package includes a summary of TMP benefits. the MSTP Amendment, and claim forms. IBM Blue Cross hospital- ization ID cards will be sent to you under separate cover. If you retained your IBM hospitalization card you should destroy it, since it is no longer valid. Please take time to review the information in this package as soon as possible. Any questions you might have may be addressed to our Customer Service staff; they are available to assist you from 8:00 a.m. to 4:30 p.m. Central time. Your TMP coverage is effective beginning 06/30/93 for up to a maximum of 18 months. You are eligible for TMP coverage at IBM's expense up to 07/01/94. Beginning 07/01/94, you will be responsible for payment of the applicable monthly charges for the remainder of your TMP coverage. Monthly TMP payment coupons will be sent to you ~5 days prior to 07/01/94. THE MONTHLY TMP CHARGES WHICH IBM ABSORBS ON YOUR BEHALF TOWARD TMP COVERAGE ARE CONSIDERED TAXABLE INCOME TO YOU UNDER CURRENT INTERNAL REVENUE SERVICE REGULATIONS. AT THE END OF THE CALENDAR YEAR. J&H/KVI WILL REPORT THE CHARGES TO THE INTERNAL REVENUE SERVICE AND TO YOU ON FORM 1099. YOU WILL BE RESPONSIBLE FOR THE TAX LIABILITY. THE CURRENT MONTHLY CHARGE WHICH IBM ABSORBS ON YOUR BEHALF TOWARD TMP COVERAGE IS $461.73. It is your responsibility to notify J&H/KVI if you acquire a new dependent. or if an enrolled family member loses eligible dependent status. Refer to the "Eligible Depend- ents" section of your TMP brochure for TMP dependent eligibility provisions. ~-/ '. '. PAYER'S _ _ _ CIy, _.., ZI' code 11MB No. 15015-0115 $ 2 Roj_ $ 3__011:. $ 2,770.38 PAYBnl_"............- RECFENrSld...b~._ 4 ____ U12U513 U0748019 $ AECaPENrS.....1InM ~ fiftdudlftlapt. no.l. cttr....... and liD COde . MIdicII_....., CIIt JAMES B PEARSON $ '~\lIIft*lISlIIlIou" _or_ JOHNSON & HIGGINS/XVI 1776 WEST LADS PARKWAY WEST DBS MOINES, IA 50398 ~@93 Miscellaneous Income . FIohiIg boot _ $ Copy B For Recipient 1927 KENT DRIVE CAMP HILL, PA 17011 $ OClllp__ $ 2___._- 7 No-.Ilt*;<tl.. ~............. _il~.t&ll informItIon and is bIong I\mshoclIO ..... _ R-'<JO 15.000 or .... .,_ Sorw:e. ~ you all ~18'bI/iIr _1011Io. (.....1""_. 0 _.. nogIigollCO _ or ""* 11 _ _IU _ unctIOn may be ~onyoudtl". InCOme II tuab6e and U. IRS cMI.-m.".. _~I\U""_ roporled. $ .PIyorItlllll_......, $ - -laIIliDNll Fonn 1018-MISC (keep for yClII' I8COlds) lloporlmont 01 "'" r.....ry. In_ _... Some. '. f-L Daniels Janitorial Service Commercial and Residential 239 5. 17th 5tre~, Rear Camp Hili, PA 17011 (717) 737-2599 Incentive Program: 3/21/94 James E.pearson, To receive 10% on all contract(s) signed and started in 1994. Payment of 10% On the monthly invoicing ove~a 6 month period to start 10 days after receipt of each invoice payment. Payment of 10% vill cease at the receiving of the 6 month anniversary of each contract(s), termination of employment, leaving the business for other employment, or the cessation of the business. Not included in the 10% incentive are one time jobs; One time cleanings, carpet extractions, strip and vax of ::: .etc.Vlr~,~ Tammy R aniels o R ..3/.l2./ f '-I , Date (f-~ -Profsee/onale with a Pereonal Touch" c.~u." n n 10 EMPLOYEE"S BENEFITS A. Insurance If you are hurt while on the job, you will be allowed time off with pay in order to visit the business doctor. Our Business pays the premium on Workers Compensation Insurance to cover payment to you for injury and payments in loss of salary, for you for time lost because of on-the-job accidents. The Business has a hospitalization and medical insurance plan for the employees. The insurance premiums of each employee is shared with the employee by the Business. Insurance premiums for dependents are paid by the emplyee. In order to eligible for the Business's different insurance plans, an employee must be with the~usiness at least one hundred twenty(120) days. Check with the office for details on our insurance plans. B. UNEMPLOYMENT INSURANCE The entire cost of unemployment insurance is paid by Daniels Janitorial Service without any deduction from your wages. If you are unemployed through no fault of your own, you may be eligible for unemployment insurance. HOLIDAYS The following holidays will be observed by DANIELS JANITORIAL SERVICE; New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day. When the holiday is locally observed on Sunday, the following Monday will be observed as the holiday; when a holiday falls on a Saturday, the Friday preceding will be observed as the holiday. For all holidays not worked, each employee will receive his regular hourly rate of pay, based on an eight-hour day. Any employee required to work on a holiday will be paid time and a half plus regular holiday pay, provided they have worked the day before and the day after the holiday and have reached a forty-hour week. The holiday will be counted as a work day. An employee must have worked on the regular scheduled work day immediately proceeding and immediatelY following a holiday to receive holiday pay. To be eligible for holiday pay, an employee must be with the Business at least one hundred twenty(120) days. VACATIONS New employees, in order to be eligible for vacation, must be with the Business for one(l) complete year. Employees with one(l) to ~wo(2) years of completed servlce will be given one(l) week vacation at the end of each year of complete service. Employees with three(J) to ten (10) years of completed service will be given two(2) weeks ~-~ OVERPAYMENTS 1. Periodontals 291.56 2. Carretti Inc. 43.88 3. Phoenix 20,50 4. Redneck Trailer Supply 56.58 5. Rollins 90.09 6. TriCounty Radiology 11.54 7. U.S. Printing Inc. 90.06 8. Wisperwoods Apts. 96.42 9. Camp Hill Boro 76.44 Total 777.07 p- 1 ~ ":i ~ ~ ~ :r - ';) U"l 1>. ~. j: '0 en ., , - ~ "1- rn .~ -. e. - . '- .~ i\-\ 0 . ~ 'CI lJi ....., .'=l @~ ~l.O ;:f ~~ ... , ~ N ~ lU ,-,. I' " SHERIFF'S RETURN - REGULAR CASE NO: 1995-05091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND !,EARSON JAMES VS. ~ANIELS TAMMY R ET AL TIMOTHY REITZ ~ SherIff or Deputy SherIff of CUMBERLAND County, Pennsylv~nl~. who beInq duly 8Worn ~ccordlng to law. says. the within WR)T_..9L SUMMONS ____________ wa", .,erved upon DANIELS TAMMY R TIDIBIA DANJELS J~~LI9R]~1-SERVIC~S the defendant. at 1995 at 1853 1655:00 HOURS. HOLLY DRIV;. on the ?~tn day of ~~tember CAMP HILL. PA 17011 . CU_MBERLAND County. Pennsylvania. by handing to TAI'1f1Y R. r'ANIELS a true and attested copy of the WRIT OF SUMMONS and at the same time directIng Her attention to the contents thereof. Sheriff's Costs: DvcketlnQ Service - AffIdavit Surcharge 18.00 7.84 .00 :C.11J0 "0 answ~ ~ "1:2.,,. KIlrie~-~t:' -------- ~:-S'"r'[JARRELL DETHI.EF :'. 'J/'7! W'l/:'Cl;l Q:~5 - ~ /I JU foy _. ~~~i~1."~h,,~r- Sworn and subscr1bed to bef('I~ ~e tl1l8 J'_~__ d~y of@iLk. __ 19~_ A. r" ~'~ . __h u.. a.--" ,... .,t ~ t 1 ;:'. 11 ~ '11,' ; ~ -r:;--~ - . " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA .. or ~,~...... NOqS - 5"Ot11 19_ Clvtl Action - ( 'YLew ( ) Equity James Pearson 1927 Kent Drive Camp Hill, PA 17011 Tammy R. Daniels t/d/b/a Daniels Janitorial Service 1853 Holly Drive Camp Hill, PA 17011 versus Plolnllff(s)& Address(es) PRAECIPE FQR ~RIT QF SIlMttQN~ TO THE PRaTHONaT ARY OF SAID COURT: Defendont(s) & Address(es) . Pleose Issue writ of summons In the obove-coptloned octlon. Writ of Summons sholl be Issued and f onled to () ttomey U Sheriff Darrell C. Dethlefs Wagner Building-Suite 205 355 North 21st Street Camp Hill, PA 11011 (717) 975-9446' Nome! AddreseITelephone No. of Attcrney .. SI oture of Attorney Supl'8me Caurt ID No. 5 B 8 0 5 Dote: 9-25-95 WRIT OF SUttttoNli TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE NaTlFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMME~CED AN ACTION AGAINST YOU. ,J6W1-i.bU.~ r. }1/iLht.. Prothonotory by~;yjnl,-(/ Dote: q b. s /t;) TRUE COpy F~OM RECORD In Testimony whereof, I here unlo sel my hand ~I'd the seal 01 said COllI ,.t Carlisle, Pa . ~....ii!^- d y I . 19 { - Yt 'U1M.&. . Deputy cr,~ ' S '/ f? L.'I i) 11 ,I ~:) :'9 I:;n] C':\@ ,:= <5E} Lnril JAMES PEARSON, PlaintH f !~ TIlE COURT or CO~l!-ION PLiiAS OF CL~IBERl.AND COUNTY, PENNSYLVANIA v NO.95-5091 CIVIL 19 TAMMY R. DANIELS, T/D/B/A DANIELS JANITORIAL SERVICE, Defendants .. CIVIL ACTION-Law , RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian K. Zellner, Esquire . counsel for the !taJ~~1[t1defendant in the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (are) at The claim of the plaintiff in the action is SIess The countercla1Q of the defendant in the acti~n is issue. than $25,000.00 The folloving attorneys are interested in vise disqualified to sit as arbitrators: and Michael L. Bangs, Esquire the c~se\si as counse~ o~ a:e o:her- Brian K. Zellner, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint th~ee (J) arbitrators to vhom the case shall be suboitted. ORDER OF COURT ~spectfully s~b=i::ed, /1i8Jc.".~e 3805 Market St., POBox 368 Camp Hill, PA 17011 19~. in consideration of the Esq., /v~h~' ,Esq., are apPointe"~b1trators in the AND NOW, Esq., and above-captioned action (0: actions) as prayed for. P. J. 866l B l d3S 03^13::J l~ .-.... ~ $ ~ :.. ,-- f'; ':i '") '. f- ( ;~ C'; '5 ""- (i.;' . 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