Preview
ATL-L-000220-24 10/02/2023 Pg1of14 Trans ID LCV2024306255
a, OATELYa]. 25
poc_t., AMT_ZS0.
R.
Paul B Dalnoky
CLK. i SATCH He
A;
EIVED it
Plaintiff pro se cc CA MO [~> ¢
3501 Boardwalk B105 NUMBER a YW Sus: "y
UP hy
Atlantic City NJ 08401
609 328-7237. Superior Court of New Jersey
Atlantic County. Chancery Division
Paul B Dalnoky, Plaintiff. Civil Action
Vv Docket No.
ESS, Defendant. Complaint
This complaint alleges that the defendant interfered with a contract between myself
and the Atlantic City School District in which the defendant was not a party
(contract, District). This is considered tortious interference with a contract. It is also
known as interference with prospective economic advantage. Both of these torts are
cognizable in this state. The only question is whether the defendant was justified in in
so doing, and it is believed that the question is easily answered in the negative.
Tam a substitute teacher in Galloway Township. Since November 2015, when I
received my Certificate of Eligibility (teacher’s license) in English k-12, I have also
enjoyed employment as a one-on-one tutor for students who do not attend their
school.
The defendant is some sort of business organization. From neither its name nor its
website may one infer the nature of such business organization. The defendant is the
successor to Source4Teachers (Source). The Indeed website shows that defendant
operates 22 offices for the transaction of business in this state; the main office is in
Cherry Hill.
This action involves a contract made in Atlantic County New Jersey (county) between
the District and myself, both, obviously, residents of the county. The termination by
Source and continued by defendant, not only harmed myself, but also the District, as
it deprived the District of an experienced substitute teacher.
It does not offend traditional notions of due process for the Court to assert jurisdiction
over the defendant, and this county is clearly the correct and sole proper venue for
this action. This act complained of is one discrete act, it is a continuous course of
conduct, and there is no issue regarding the statute of limitations.
I was appointed as a substitute teacher in the District in 2015. This constituted a
contract as there was agreement between the parties on all the essential terms. The
contract was in full force and effect during the school year 2015-2016 and remained
so thereafter,
ATL-L-000220-24 10/02/2023 Pg2of14 Trans ID: LCV2024306255
,
7. During that school year I performed in numerous schools in the District on scores of
days. I never missed a single day nor “called out” on any scheduled days, nor was I
ever late upon arriving nor left early. My attendance and performance that year was
spotless. No school administrator nor individual at the District issued a reprimand nor
warning.
It is believed that in the following school year, 2016-2017, Source was the recipient
of the exclusive contract for hiring substitute teachers for the District, and that year I
was employed by Source.
The nature of the contract between Source, and the defendant, and the District is
questionable for two reasons: initially, it renders our Open Public Records Act a
nullity; second, the exclusive nature is monopolistic and anticompetitive, and it could
act, as here, to deprive the District of the most wide pool of employees.
10. It was only through a Public Records Act demand that I became aware of the contract
between the District and Source and the defendant.
11, However, this actions seeks not to affect that contract; nor does it seck to change my
status with regard to my employment with the defendant.
12. In the following school year through Source I worked in the District's schools for
scores of additional school days, many of them in challenging schools. Once again,
there were no calls out, no missed days, no lateness, and no early leavings. In total, I
spent many hundreds of hours in the District’s classrooms.
13, There were, I believe, two reported incidents in the second year. One of them was
falsely reported. The second incident was trivial, and its details will not be laid out in
this complaint.
14. At the worst, these “incidents” might have called for a minor reprimand, perhaps a
verbal warning. However, Source, without even the decency of a written or verbal
warning, went directly to the ultimate penalty, and it terminated my services.
15. Once Source terminated me, due to the nature of the contract it had with the District, I
could no longer work in the schools of my home district. The damages I have suffered
and will continue to suffer are clear and susceptible of calculation.
16. Initially, I presently do not have a sufficient number of schools in which to work such
that I can work every day. Being able to work in the District’s schools will alleviate
that.
17 Further, I am informed that the per diem pay rate at the the Atlantic City High School,
one of the District’s schools, is a third more than the highest pay rate I receive now.
18 Finally, being able to work in a local school will spare me the hours of commutation
time that is wasted every day. If I have this time available, then I can tutor more
students,
19, In a recent email exchange with an employee of the defendant, not only did defendant
refuse to change its position, but I was informed that the District did not take part in
the decision to bar me from its schools. To date, it may not even be aware of this fact.
20. The above, standing alone, creates a prima facie case of interference with a contract,
21. I recently confirmed that the District only used substitute teachers through the
defendant
ATL-L-000220-24 10/02/2023 Pg3o0f14 Trans ID: LCV2024306255
22. To sum up: in the absence of extraordinary and compelling circumstances, which do
not exist here, the defendant has no authority and may not lawfully do what it has
done: interfere with my contractual relations with the District. Due solely to
defendant’s acts, I cannot substitute teach in the District, It has interfered with my
contract with the District.
23. I respectfully request that this Court issue an injunction restraining the defendant
from further interference.
24, It is expected that the defendant will claim that such an injunction may not be
possible. So I also am respectfully requesting a declaration that, as of the date of this
complaint, the defendant has tortiously interfered with my existing contract with the
District. I can then sue the defendant for money damages based upon the declaratory
judgment.
WHEREFORE, based upon the foregoing, I respectfully request the Court grant the
costs of this proceeding along with the relief requested in this complaint.
Dated: September 26, 2023
fPee >
Paul B Dalnoky
2
CERTIFICATION OF NO OTHER ACTIONS
I certify that the dispute about which I am suing is not the subject of any other action
pending in any court or a pending arbitration proceeding to the best of my knowledge
and belief. Also, to the best of my knowledge and belief, I know of no other parties
who should be made a part of this lawsuit. In addition, I recognize my continuing
obligation to file and serve on all parties and the court an amended certification if
there is a change in the facts stated in this original certification.
fe PP
Paul B Dalnoky
ATL-L-000220-24 10/02/2023 Pg 4of14 Trans ID: LCV2024306255
Paul B Dalnoky
Plaintiff pro se
3501 Boardwalk B105
Atlantic City NJ 08401
609 328-7237, Superior Court of New Jersey
Atlantic County. Chancery Division
Paul B Dalnoky, Plaintiff. Civil Action
Vv Docket No.
ESS, Defendant. Complaint
This complaint alleges that the defendant interfered with a contract between myself
and the Atlantic City School District in which the defendant was not a party
(contract, District), This is considered tortious interference with a contract. It is also
known as interference with prospective economic advantage. Both of these torts are
cognizable in this state. The only question is whether the defendant was justified in in
so doing, and it is believed that the question is easily answered in the negative.
lam a substitute teacher in Galloway Township. Since November 2015, when I
received my Certificate of Eligibility (teacher’s license) in English k-12, I have also
enjoyed employment as a one-on-one tutor for students who do not attend their
school.
The defendant is some sort of business organization. From neither its name nor its
website may one infer the nature of such business organization. The defendant is the
successor to Source4Teachers (Source). The Indeed website shows that defendant
operates 22 offices for the transaction of business in this state; the main office is in
Cherry Hill.
This action involves a contract made in Atlantic County New Jersey (county) between
the District and myself, both, obviously, residents of the county. The termination by
Source and continued by defendant, not only harmed myself, but also the District, as
it deprived the District of an experienced substitute teacher.
It does not offend traditional notions of due process for the Court to assert jurisdiction
over the defendant, and this county is clearly the correct and sole proper venue for
this action. This act complained of is one discrete act, it is a continuous course of
conduct, and there is no issue regarding the statute of limitations,
I was appointed as a substitute teacher in the District in 2015. This constituted a
contract as there was agreement between the parties on all the essential terms. The
contract was in full force and effect during the school year 2015-2016 and remained
so thereafter.
ATL-L-000220-24 10/02/2023 Pg5of14 Trans ID: LCV2024306255
During that school year I performed in numerous schools in the District on scores of
days, I never missed a single day nor “called out” on any scheduled days, nor was I
ever late upon arriving nor left early. My attendance and performance that year was
spotless, No school administrator nor individual at the District issued a reprimand nor
arning.
It is believed that in the following school year, 2016-2017, Source was the recipient
of the exclusive contract for hiring substitute teachers for the District, and that year I
was employed by Source.
The nature of the contract between Source, and the defendant, and the District is
questionable for two reasons: initially, it renders our Open Public Records Act a
nullity; second, the exclusive nature is monopolistic and anticompetitive, and it could
act, as here, to deprive the District of the most wide pool of employees.
10. It was only through a Public Records Act demand that I became aware of the contract
between the District and Source and the defendant.
It However, this actions seeks not to affect that contract; nor does it seek to change my
status with regard to my employment with the defendant.
12. In the following school year through Source I worked in the District’s schools for
scores of additional school days, many of them in challenging schools. Once again,
there were no calls out, no missed days, no lateness, and no early leavings. In total, I
spent many hundreds of hours in the District’s classrooms.
13. There were, I believe, two reported incidents in the second year. One of them was
falsely reported. The second incident was trivial, and its details will not be laid out in
this complaint.
14. At the worst, these “incidents” might have called for a minor reprimand, perhaps a
verbal warning. However, Source, without even the decency of a written or verbal
warning, went directly to the ultimate penalty, and it terminated my services.
15. Once Source terminated me, due to the nature of the contract it had with the District, I
could no longer work in the schools of my home district. The damages I have suffered
and will continue to suffer are clear and susceptible of calculation,
16. Initially, I presently do not have a sufficient number of schools in which to work such
that I can work every day, Being able to work in the District’s schools will alleviate
that.
17. Further, I am informed that the per diem pay rate at the the Atlantic City High School,
one of the District’s schools, is a third more than the highest pay rate I receive now.
18. Finally, being able to work in a local school will spare me the hours of commutation
time that is wasted every day. If I have this time available, then I can tutor more
students,
19. Ina recent email exchange with an employee of the defendant, not only did defendant
tefuse to change its position, but I was informed that the District did not take part in
the decision to bar me from its schools. To date, it may not even be aware of this fact.
20. The above, standing alone, creates a prima facie case of interference with a contract.
21, I recently confirmed that the District only used substitute teachers through the
defendant
ATL-L-000220-24 10/02/2023 Pg6of14 Trans ID: LCV2024306255
22. To sum up: in the absence of extraordinary and compelling circumstances, which do
not exist here, the defendant has no authority and may not lawfully do what it has
done: interfere with my contractual relations with the District. Due solely to
defendant’s acts, I cannot substitute teach in the District. It has interfered with my
contract with the District.
23, [ respectfully request that this Court issue an injunction restraining the defendant
from further interference.
24, It is expected that the defendant will claim that such an injunction may not be
possible. So I also am respectfully requesting a declaration that, as of the date of this
complaint, the defendant has tortiously interfered with my existing contract with the
District. I can then sue the defendant for money damages based upon the declaratory
judgment.
WHEREFORE, based upon the foregoing, I respectfully request the Court grant the
costs of this proceeding along with the relief requested in this complaint.
Dated: September 26, 2023
fP-ek p-
Paul B Dalnoky ~
CERTIFICATION OF NO OTHER ACTIONS
I certify that the dispute about which I am suing is not the subject of any other action
pending in any court or a pending arbitration proceeding to the best of my knowledge
and belief. Also, to the best of my knowledge and belief, I know of no other parties
who should be made a part of this lawsuit. In addition, I recognize my continuing
obligation to file and serve on ail parties and the court an amended certification if
there is a change in the facts stated in this original certification.
Pe oD
Paul B Dalnoky
ATL-L-000220-24 10/02/2023 Pg7of14 Trans ID: LCV2024306255
Pesbenie New Jersey Judiciary
& Civil Practice Division
Civil Case Information Statement (CIS)
Use for initial Law Division Civil Part pleadings (not motions) under Rule 4:5-1.
Pleading will be rejected for filing, under Rule 1:5-6(c), if information above the
black bar is not completed, or attorney’s signature is not affixed.
For Use by Clerk’s Office Only
Payment type C1] check Charge/Check Number. | Amount Overpayment | Batch Number
Ci charge |
$ $
(cash
Attorney/Pro Se Name Telephone Number County of Venue
Paul 8 Dalroke 621326724) ext, MMartve
Firm Name (if applicable) \ Docket Number (when available)
Office Address - Street City State Zip
Boe] Boardwalk Blog [Atlee Cty AID oStot
Document Type Jury Demand
Cem P (eat O Yes No
Name of Party (e.g., John Doe, Plaintiff) | Caption
Paul B Daler. Plawh€F] Paul @ Dolreleey
, pMnlete ESS deCeeplonst
Case Type Number (See page 3 for listing) _¢ %@
Are sexual abuse claims alleged? (1 Yes [No
Does this case involve claims related to COVID-19? D Yes No
Is this a professional malpractice case? 0 Yes No
If “Yes,” see N.J.S.A. 2A:53A-27 and applicable case law
regarding your obligation to file an affidavit of merit.
Related Cases Pending? D Yes No
If “Yes,” list docket numbers
Do you anticipate adding any parties (arising out of same 0 Yes [No
transaction or occurrence)?
Name of defendant’s primary insurance company (if known) (1 None [4 Unknown
Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XIL-B1) page | of 4
ATL-L-000220-24 10/02/2023 Pg 8of14 Trans ID: LCV2024306255
The.Information Provided on This Form Cannot be Introduced into Evidence.
Case Characteristics for Purposes of Determining if Case is Appropriate for Mediation
Do parties have a current, past or recurrent relationship? [1 Yes [No
If “Yes,” is that relationship:
OD Employer/Employee D Friend/Neighbor C Familial CJ Business
(J Other (explain)
Does the statute governing this case provide for payment of fees 0 Yes [No
by the losing party?
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition. Tine {s a€ the essence as
Fas acten pavelves me deme able fo earn 4 fiving
é& you or your client need any disability accommodations?
If yes, please identify the requested accommodation:
U1 Yes No
Will an interpreter be needed? O Yes BKio
If yes, for what language?
I certify that confidential personal identifiers have been redacted from documents now
submitted to the court and will be redacted from all documents submitted in the future in
accordance with Rule 1:38-7(b).
Attorney/Self-Represented Litigant Signature: / “4 fe [> a
Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 2 of 4
ATL-L-000220-24 10/02/2023 Pg9of14 Trans ID: LCV2024306255
Civil Case Information Statement (CIS)
Use for initial pleadings (not motions) under Rude 4:5-1
CASE TYPES
(Choose one and enter number of case type in appropriate space on page 1.)
151 Name Change
175 Forfeiture
302 Tenancy
399 Real Property (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction)
502 Book Account (debt collection matters only)
505 Other Insurance Claim (including declaratory judgment actions)
506 PIP Coverage
510 UM or UIM Claim (coverage issues only)
511 Action on Negotiable Instrument
312 Lemon Law
801 Summary Action
802 Open Public Records Act (summary action)
999 Other (briefly describe nature of action)
305 Construction
309 Employment (other than Conscientious Employees Protection Act (CEPA) or Law Against
Discrimination (LAD))
599 Contract/Commercial Transaction
603N Auto Negligence — Personal Injury (non-verbal threshold)
603Y Auto Negligence — Personal Injury (verbal threshold)
605 Personal Injury
610 Auto Negligence — Property Damage
621 UM or UIM Claim (includes bodily injury)
699 Tort ~ Other
Meee SE mien SS a
005 Civil Rights
301 Condemnation
602 Assault and Battery
604 Medical Malpractice
606 Product Liability
607 Professional Malpractice
608 Toxic Tort
609 Defamation
616 Whistleblower / Conscientious Employee Protection Act (CEPA) Cases
617 Inverse Condemnation
618 Law Against Discrimination (LAD) Cases
Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) ge 3 of 4
ATL-L-000220-24 10/02/2023 Pg10of14 Trans ID: LCV2024306255
Oe oe AMSy. Coon Or Krom Ebiece: CEUaLY MCCUE ELL ere SEN ARCLOM Zed
156 Environmental/Environmental Coverage Litigation
303 Mt. Laurel
508 Complex Commercial
513 Complex Construction
314 Insurance Fraud
620 False Claims Act
701 Actions in Lieu of Prerogative Writs
271 Accutane/Isotretinoin.
281 Bristol-Myers Squibb Environmental
282 Fosamax
285 Stryker Trident Hip Implants
291 Pelvic Mesh/Gynecare
292 Pelvic Mesh/Bard
293 DePuy ASR Hip Implant Litigation
296 Stryker Rejuvenate/ABG II Modular Hip Stem Components
299 Olmesartan Medoxomil Medications/Benicar
300 Talc-Based Body Powders
601 Asbestos
624 Stryker LFIT CoCr V40 Femoral Heads
625 Firefighter Hearing Loss Litigation
626 Abilify
627 Physiomesh Flexible Composite Mesh
628 Taxotere/Docetaxel
629 Zostavax
630 Proceed Mesh/Patch.
631 Proton-Pump Inhibitors
632 HealthPlus Surgery Center
633 Prolene Hernia System Mesh
634 Allergan Biocell Textured Breast Implants
635 Tasigna
636 Strattice Hermia Mesh
637 Singulair
638 Elmiron
If you believe this case requires a track other than that provided above, please indicate the
reason on page 1, in the space under “Case Characteristics”.
Please check off each applicable category
C Putative Class Action O Title 59 C Censumer Fraud
Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 4 of 4
ATL-L-000220-24 10/02/2023 Pg1lof14 Trans ID: LCV2024306255
Ro ery Caan
New Jersey Judiciary
& Civil Practice Division
Civil Case Information Statement (CIS)
Use for initial Law Division Civil Part pleadings (not motions) under Rule 4:5-1
Pleading will be rejected for filing, under Rule 1:5-6(c), if information above the
black bar is not completed, or attorney’s signature is not affixed,
For Use by Clerk’s Office Only
Payment type 4 check Charge/Check Number. ‘Araount Overpayment. Batch Number
C) charge
$ $
cash:
Attorney/Pro Se Name Telephone Number County of Venue
Pau | B D4 uoky 604 32% 7237 ext Ad las he
Firm Name (if applicable) Docket Number (when available)
Office Address - Street City State Zip
BSG Boar Jus | Biles [Attaatic Oy MT lost
Document Type Jury Demand
Cow and O Yes No
Name of Party (e.g., John Doe, Plaintiff) | Caption
Pau | B De voles P lec HEC Paal @ Oa las ky plea hte v EFS de QRadent
Case Type Number (See page 3 for listing) _ 6 44
Are sexual abuse claims alleged? 0 Yes iZ'No
Does this case involve claims related to COVID-19? D Yes [Z‘No
Is this a professional malpractice case? DO Yes ZNo
If “Yes,” see N.J.S.A. 2A:53A-27 and applicable case law
regarding your obligation to file an affidavit of merit.
Related Cases Pending? C] Yes No
f “Yes,” list docket numbers
Do you anticipate adding any parties (arising out of same Yes E1No
transaction or occurrence)?
Name of defendant’s primary insurance company (if known) 0 None (Unknown
Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 1 of 4
ATL-L-000220-24 10/02/2023 Pg12o0f14 Trans ID: LCV2024306255
The Information Provided on This Form Cannot be Introduced into Evidence,
Case Characteristics for Purposes of Determining if Case is Appropriate for Mediation
Do parties have a current, past or recurrent relationship? C1 Yes [No
If “Yes,” is that relationship:
0 Employer/Employee O Friend/Neighbor C Familial C] Business
C) Other (explain)
Does the statute governing this case provide for payment of fees C Yes ENo
by the losing party?
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition. Time 16 OC far @8Se0r as
FAs acten jneelves my being able fo ean 4 fiemy,
Do you or your client need any disability accommodations? L Yes No
6 If yes, please identify the requested accommodation:
Will an interpreter be needed? C1 Yes Ko
If yes, for what language?
I certify that confidential personal identifiers have been redacted from documents now
submitted to the court and will be redacted from all documents submitted in the future in
accordance with Rule 1:38-7(b).
Attorney/Self-Represented
Litigant Signature: fe is E>
Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 2 of 4
ATL-L-000220-24 10/02/2023 Pg 13 o0f14 Trans ID: LCV2024306255
Civil Case Information Statement (CIS)
Use for initial pleadings (not motions) under Rule 4:5-1
CASE TYPES
(Choose one and enter number of case type in appropriate space on page 1.)
Vee ERI ENRURU
CS med
151 Name Change
175 Forfeiture
302 Tenancy
399 Real Property (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction)
502 Book Account (debt collection matters only)
305 Other Insurance Claim (including declaratory judgment actions)
506 PIP Coverage
510 UM or UIM Claim (coverage issues only)
Sil Action on Negotiable Instrument
512 Lemon Law
801 Summary Action
802 Open Public Records Act (summary action)
999 Other (briefly describe nature of action)
OPES ERIE Rieocond
305 Construction
309 Employment (other than Conscientious Employees Protection Act (CEPA) or Law Against
Discrimination (LAD))
599 Contract/Commercial Transaction
603N Auto Negligence — Personal injury (non-verbal threshold)
603Y Auto Negligence ~ Personal Injury (verbal threshold)
605 Personal Injury
610 Auto Negligence — Property Damage
621 UM or UIM Claim (includes bodily injury)
699 Tort — Other
005 Civil Rights
301 Condemnation
602 Assault and Battery
604 Medical Malpractice
606 Product Liability
607 Professional Malpractice
608 Toxic Tort
609 Defamation
616 Whistleblower / Conscientious Employee Protection Act (CEPA) Cases
617 Inverse Condemnation
618 Law Against Discrimination (LAD) Cases
Revised Form Promuigated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-Bl) page 3 of 4
ATL-L-000220-24 10/02/2023 Pg14o0f14 Trans ID: LCV2024306255
Peer eAy PVR OBIE MIES OL OIUM NY LOTT OTE BUY or ee UCCN ROSE
L i
156 Environmental/Environmental Coverage Litigation
303 Mt. Laurel
508 Complex Commercial
313 Complex Construction
514 Insurance Fraud
620 False Claims Act
701 Actions in Lieu of Prerogative Writs
271 Accutane/Isotretinoin
281 Bristol-Myers Squibb Environmental
282 Fosamax
285 Stryker Trident Hip Implants
291 Pelvic Mesh/Gynecare
292 Pelvic Mesh/Bard
293 DePuy ASR Hip Implant Litigation
296 Stryker Rejuvenate/ABG II Modular Hip Stem Components
299 Olmesartan Medoxomil Medications/Benicar
300 Talce-Based Body Powders
601 Asbestos
624 Stryker LFIT CoCr V40 Femoral Heads
625 Firefighter Hearing Loss Litigation
626 Abilify
627 Physiomesh Flexible Composite Mesh
628 Taxotere/Docetaxel
629 Zostavax.
630 Proceed Mesh/Patch
631 Proton-Pump Inhibitors
632 HealthPlus Surgery Center
633 Prolene Hernia System Mesh
634 Allergan Biocell Textured Breast Implants
635 Tasigna
636 Strattice Hernia Mesh
637 Singulair
638 Elmiron
If you believe this case requires a track other than that provided above, please indicate the
reason on page 1, in the space under “Case Characteristics’
Please check off each applicable category
O Putative Class Action CJ Title 59 (J Consumer Fraud
Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 4 of 4
Preview
ATL-L-000220-24 10/02/2023 Pg1of14 Trans ID LCV2024306255 a, OATELYa]. 25 poc_t., AMT_ZS0. R. Paul B Dalnoky CLK. i SATCH He A; EIVED it Plaintiff pro se cc CA MO [~> ¢ 3501 Boardwalk B105 NUMBER a YW Sus: "y UP hy Atlantic City NJ 08401 609 328-7237. Superior Court of New Jersey Atlantic County. Chancery Division Paul B Dalnoky, Plaintiff. Civil Action Vv Docket No. ESS, Defendant. Complaint This complaint alleges that the defendant interfered with a contract between myself and the Atlantic City School District in which the defendant was not a party (contract, District). This is considered tortious interference with a contract. It is also known as interference with prospective economic advantage. Both of these torts are cognizable in this state. The only question is whether the defendant was justified in in so doing, and it is believed that the question is easily answered in the negative. Tam a substitute teacher in Galloway Township. Since November 2015, when I received my Certificate of Eligibility (teacher’s license) in English k-12, I have also enjoyed employment as a one-on-one tutor for students who do not attend their school. The defendant is some sort of business organization. From neither its name nor its website may one infer the nature of such business organization. The defendant is the successor to Source4Teachers (Source). The Indeed website shows that defendant operates 22 offices for the transaction of business in this state; the main office is in Cherry Hill. This action involves a contract made in Atlantic County New Jersey (county) between the District and myself, both, obviously, residents of the county. The termination by Source and continued by defendant, not only harmed myself, but also the District, as it deprived the District of an experienced substitute teacher. It does not offend traditional notions of due process for the Court to assert jurisdiction over the defendant, and this county is clearly the correct and sole proper venue for this action. This act complained of is one discrete act, it is a continuous course of conduct, and there is no issue regarding the statute of limitations. I was appointed as a substitute teacher in the District in 2015. This constituted a contract as there was agreement between the parties on all the essential terms. The contract was in full force and effect during the school year 2015-2016 and remained so thereafter, ATL-L-000220-24 10/02/2023 Pg2of14 Trans ID: LCV2024306255 , 7. During that school year I performed in numerous schools in the District on scores of days. I never missed a single day nor “called out” on any scheduled days, nor was I ever late upon arriving nor left early. My attendance and performance that year was spotless. No school administrator nor individual at the District issued a reprimand nor warning. It is believed that in the following school year, 2016-2017, Source was the recipient of the exclusive contract for hiring substitute teachers for the District, and that year I was employed by Source. The nature of the contract between Source, and the defendant, and the District is questionable for two reasons: initially, it renders our Open Public Records Act a nullity; second, the exclusive nature is monopolistic and anticompetitive, and it could act, as here, to deprive the District of the most wide pool of employees. 10. It was only through a Public Records Act demand that I became aware of the contract between the District and Source and the defendant. 11, However, this actions seeks not to affect that contract; nor does it seck to change my status with regard to my employment with the defendant. 12. In the following school year through Source I worked in the District's schools for scores of additional school days, many of them in challenging schools. Once again, there were no calls out, no missed days, no lateness, and no early leavings. In total, I spent many hundreds of hours in the District’s classrooms. 13, There were, I believe, two reported incidents in the second year. One of them was falsely reported. The second incident was trivial, and its details will not be laid out in this complaint. 14. At the worst, these “incidents” might have called for a minor reprimand, perhaps a verbal warning. However, Source, without even the decency of a written or verbal warning, went directly to the ultimate penalty, and it terminated my services. 15. Once Source terminated me, due to the nature of the contract it had with the District, I could no longer work in the schools of my home district. The damages I have suffered and will continue to suffer are clear and susceptible of calculation. 16. Initially, I presently do not have a sufficient number of schools in which to work such that I can work every day. Being able to work in the District’s schools will alleviate that. 17 Further, I am informed that the per diem pay rate at the the Atlantic City High School, one of the District’s schools, is a third more than the highest pay rate I receive now. 18 Finally, being able to work in a local school will spare me the hours of commutation time that is wasted every day. If I have this time available, then I can tutor more students, 19, In a recent email exchange with an employee of the defendant, not only did defendant refuse to change its position, but I was informed that the District did not take part in the decision to bar me from its schools. To date, it may not even be aware of this fact. 20. The above, standing alone, creates a prima facie case of interference with a contract, 21. I recently confirmed that the District only used substitute teachers through the defendant ATL-L-000220-24 10/02/2023 Pg3o0f14 Trans ID: LCV2024306255 22. To sum up: in the absence of extraordinary and compelling circumstances, which do not exist here, the defendant has no authority and may not lawfully do what it has done: interfere with my contractual relations with the District. Due solely to defendant’s acts, I cannot substitute teach in the District, It has interfered with my contract with the District. 23. I respectfully request that this Court issue an injunction restraining the defendant from further interference. 24, It is expected that the defendant will claim that such an injunction may not be possible. So I also am respectfully requesting a declaration that, as of the date of this complaint, the defendant has tortiously interfered with my existing contract with the District. I can then sue the defendant for money damages based upon the declaratory judgment. WHEREFORE, based upon the foregoing, I respectfully request the Court grant the costs of this proceeding along with the relief requested in this complaint. Dated: September 26, 2023 fPee > Paul B Dalnoky 2 CERTIFICATION OF NO OTHER ACTIONS I certify that the dispute about which I am suing is not the subject of any other action pending in any court or a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my knowledge and belief, I know of no other parties who should be made a part of this lawsuit. In addition, I recognize my continuing obligation to file and serve on all parties and the court an amended certification if there is a change in the facts stated in this original certification. fe PP Paul B Dalnoky ATL-L-000220-24 10/02/2023 Pg 4of14 Trans ID: LCV2024306255 Paul B Dalnoky Plaintiff pro se 3501 Boardwalk B105 Atlantic City NJ 08401 609 328-7237, Superior Court of New Jersey Atlantic County. Chancery Division Paul B Dalnoky, Plaintiff. Civil Action Vv Docket No. ESS, Defendant. Complaint This complaint alleges that the defendant interfered with a contract between myself and the Atlantic City School District in which the defendant was not a party (contract, District), This is considered tortious interference with a contract. It is also known as interference with prospective economic advantage. Both of these torts are cognizable in this state. The only question is whether the defendant was justified in in so doing, and it is believed that the question is easily answered in the negative. lam a substitute teacher in Galloway Township. Since November 2015, when I received my Certificate of Eligibility (teacher’s license) in English k-12, I have also enjoyed employment as a one-on-one tutor for students who do not attend their school. The defendant is some sort of business organization. From neither its name nor its website may one infer the nature of such business organization. The defendant is the successor to Source4Teachers (Source). The Indeed website shows that defendant operates 22 offices for the transaction of business in this state; the main office is in Cherry Hill. This action involves a contract made in Atlantic County New Jersey (county) between the District and myself, both, obviously, residents of the county. The termination by Source and continued by defendant, not only harmed myself, but also the District, as it deprived the District of an experienced substitute teacher. It does not offend traditional notions of due process for the Court to assert jurisdiction over the defendant, and this county is clearly the correct and sole proper venue for this action. This act complained of is one discrete act, it is a continuous course of conduct, and there is no issue regarding the statute of limitations, I was appointed as a substitute teacher in the District in 2015. This constituted a contract as there was agreement between the parties on all the essential terms. The contract was in full force and effect during the school year 2015-2016 and remained so thereafter. ATL-L-000220-24 10/02/2023 Pg5of14 Trans ID: LCV2024306255 During that school year I performed in numerous schools in the District on scores of days, I never missed a single day nor “called out” on any scheduled days, nor was I ever late upon arriving nor left early. My attendance and performance that year was spotless, No school administrator nor individual at the District issued a reprimand nor arning. It is believed that in the following school year, 2016-2017, Source was the recipient of the exclusive contract for hiring substitute teachers for the District, and that year I was employed by Source. The nature of the contract between Source, and the defendant, and the District is questionable for two reasons: initially, it renders our Open Public Records Act a nullity; second, the exclusive nature is monopolistic and anticompetitive, and it could act, as here, to deprive the District of the most wide pool of employees. 10. It was only through a Public Records Act demand that I became aware of the contract between the District and Source and the defendant. It However, this actions seeks not to affect that contract; nor does it seek to change my status with regard to my employment with the defendant. 12. In the following school year through Source I worked in the District’s schools for scores of additional school days, many of them in challenging schools. Once again, there were no calls out, no missed days, no lateness, and no early leavings. In total, I spent many hundreds of hours in the District’s classrooms. 13. There were, I believe, two reported incidents in the second year. One of them was falsely reported. The second incident was trivial, and its details will not be laid out in this complaint. 14. At the worst, these “incidents” might have called for a minor reprimand, perhaps a verbal warning. However, Source, without even the decency of a written or verbal warning, went directly to the ultimate penalty, and it terminated my services. 15. Once Source terminated me, due to the nature of the contract it had with the District, I could no longer work in the schools of my home district. The damages I have suffered and will continue to suffer are clear and susceptible of calculation, 16. Initially, I presently do not have a sufficient number of schools in which to work such that I can work every day, Being able to work in the District’s schools will alleviate that. 17. Further, I am informed that the per diem pay rate at the the Atlantic City High School, one of the District’s schools, is a third more than the highest pay rate I receive now. 18. Finally, being able to work in a local school will spare me the hours of commutation time that is wasted every day. If I have this time available, then I can tutor more students, 19. Ina recent email exchange with an employee of the defendant, not only did defendant tefuse to change its position, but I was informed that the District did not take part in the decision to bar me from its schools. To date, it may not even be aware of this fact. 20. The above, standing alone, creates a prima facie case of interference with a contract. 21, I recently confirmed that the District only used substitute teachers through the defendant ATL-L-000220-24 10/02/2023 Pg6of14 Trans ID: LCV2024306255 22. To sum up: in the absence of extraordinary and compelling circumstances, which do not exist here, the defendant has no authority and may not lawfully do what it has done: interfere with my contractual relations with the District. Due solely to defendant’s acts, I cannot substitute teach in the District. It has interfered with my contract with the District. 23, [ respectfully request that this Court issue an injunction restraining the defendant from further interference. 24, It is expected that the defendant will claim that such an injunction may not be possible. So I also am respectfully requesting a declaration that, as of the date of this complaint, the defendant has tortiously interfered with my existing contract with the District. I can then sue the defendant for money damages based upon the declaratory judgment. WHEREFORE, based upon the foregoing, I respectfully request the Court grant the costs of this proceeding along with the relief requested in this complaint. Dated: September 26, 2023 fP-ek p- Paul B Dalnoky ~ CERTIFICATION OF NO OTHER ACTIONS I certify that the dispute about which I am suing is not the subject of any other action pending in any court or a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my knowledge and belief, I know of no other parties who should be made a part of this lawsuit. In addition, I recognize my continuing obligation to file and serve on ail parties and the court an amended certification if there is a change in the facts stated in this original certification. Pe oD Paul B Dalnoky ATL-L-000220-24 10/02/2023 Pg7of14 Trans ID: LCV2024306255 Pesbenie New Jersey Judiciary & Civil Practice Division Civil Case Information Statement (CIS) Use for initial Law Division Civil Part pleadings (not motions) under Rule 4:5-1. Pleading will be rejected for filing, under Rule 1:5-6(c), if information above the black bar is not completed, or attorney’s signature is not affixed. For Use by Clerk’s Office Only Payment type C1] check Charge/Check Number. | Amount Overpayment | Batch Number Ci charge | $ $ (cash Attorney/Pro Se Name Telephone Number County of Venue Paul 8 Dalroke 621326724) ext, MMartve Firm Name (if applicable) \ Docket Number (when available) Office Address - Street City State Zip Boe] Boardwalk Blog [Atlee Cty AID oStot Document Type Jury Demand Cem P (eat O Yes No Name of Party (e.g., John Doe, Plaintiff) | Caption Paul B Daler. Plawh€F] Paul @ Dolreleey , pMnlete ESS deCeeplonst Case Type Number (See page 3 for listing) _¢ %@ Are sexual abuse claims alleged? (1 Yes [No Does this case involve claims related to COVID-19? D Yes No Is this a professional malpractice case? 0 Yes No If “Yes,” see N.J.S.A. 2A:53A-27 and applicable case law regarding your obligation to file an affidavit of merit. Related Cases Pending? D Yes No If “Yes,” list docket numbers Do you anticipate adding any parties (arising out of same 0 Yes [No transaction or occurrence)? Name of defendant’s primary insurance company (if known) (1 None [4 Unknown Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XIL-B1) page | of 4 ATL-L-000220-24 10/02/2023 Pg 8of14 Trans ID: LCV2024306255 The.Information Provided on This Form Cannot be Introduced into Evidence. Case Characteristics for Purposes of Determining if Case is Appropriate for Mediation Do parties have a current, past or recurrent relationship? [1 Yes [No If “Yes,” is that relationship: OD Employer/Employee D Friend/Neighbor C Familial CJ Business (J Other (explain) Does the statute governing this case provide for payment of fees 0 Yes [No by the losing party? Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition. Tine {s a€ the essence as Fas acten pavelves me deme able fo earn 4 fiving é& you or your client need any disability accommodations? If yes, please identify the requested accommodation: U1 Yes No Will an interpreter be needed? O Yes BKio If yes, for what language? I certify that confidential personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). Attorney/Self-Represented Litigant Signature: / “4 fe [> a Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 2 of 4 ATL-L-000220-24 10/02/2023 Pg9of14 Trans ID: LCV2024306255 Civil Case Information Statement (CIS) Use for initial pleadings (not motions) under Rude 4:5-1 CASE TYPES (Choose one and enter number of case type in appropriate space on page 1.) 151 Name Change 175 Forfeiture 302 Tenancy 399 Real Property (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction) 502 Book Account (debt collection matters only) 505 Other Insurance Claim (including declaratory judgment actions) 506 PIP Coverage 510 UM or UIM Claim (coverage issues only) 511 Action on Negotiable Instrument 312 Lemon Law 801 Summary Action 802 Open Public Records Act (summary action) 999 Other (briefly describe nature of action) 305 Construction 309 Employment (other than Conscientious Employees Protection Act (CEPA) or Law Against Discrimination (LAD)) 599 Contract/Commercial Transaction 603N Auto Negligence — Personal Injury (non-verbal threshold) 603Y Auto Negligence — Personal Injury (verbal threshold) 605 Personal Injury 610 Auto Negligence — Property Damage 621 UM or UIM Claim (includes bodily injury) 699 Tort ~ Other Meee SE mien SS a 005 Civil Rights 301 Condemnation 602 Assault and Battery 604 Medical Malpractice 606 Product Liability 607 Professional Malpractice 608 Toxic Tort 609 Defamation 616 Whistleblower / Conscientious Employee Protection Act (CEPA) Cases 617 Inverse Condemnation 618 Law Against Discrimination (LAD) Cases Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) ge 3 of 4 ATL-L-000220-24 10/02/2023 Pg10of14 Trans ID: LCV2024306255 Oe oe AMSy. Coon Or Krom Ebiece: CEUaLY MCCUE ELL ere SEN ARCLOM Zed 156 Environmental/Environmental Coverage Litigation 303 Mt. Laurel 508 Complex Commercial 513 Complex Construction 314 Insurance Fraud 620 False Claims Act 701 Actions in Lieu of Prerogative Writs 271 Accutane/Isotretinoin. 281 Bristol-Myers Squibb Environmental 282 Fosamax 285 Stryker Trident Hip Implants 291 Pelvic Mesh/Gynecare 292 Pelvic Mesh/Bard 293 DePuy ASR Hip Implant Litigation 296 Stryker Rejuvenate/ABG II Modular Hip Stem Components 299 Olmesartan Medoxomil Medications/Benicar 300 Talc-Based Body Powders 601 Asbestos 624 Stryker LFIT CoCr V40 Femoral Heads 625 Firefighter Hearing Loss Litigation 626 Abilify 627 Physiomesh Flexible Composite Mesh 628 Taxotere/Docetaxel 629 Zostavax 630 Proceed Mesh/Patch. 631 Proton-Pump Inhibitors 632 HealthPlus Surgery Center 633 Prolene Hernia System Mesh 634 Allergan Biocell Textured Breast Implants 635 Tasigna 636 Strattice Hermia Mesh 637 Singulair 638 Elmiron If you believe this case requires a track other than that provided above, please indicate the reason on page 1, in the space under “Case Characteristics”. Please check off each applicable category C Putative Class Action O Title 59 C Censumer Fraud Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 4 of 4 ATL-L-000220-24 10/02/2023 Pg1lof14 Trans ID: LCV2024306255 Ro ery Caan New Jersey Judiciary & Civil Practice Division Civil Case Information Statement (CIS) Use for initial Law Division Civil Part pleadings (not motions) under Rule 4:5-1 Pleading will be rejected for filing, under Rule 1:5-6(c), if information above the black bar is not completed, or attorney’s signature is not affixed, For Use by Clerk’s Office Only Payment type 4 check Charge/Check Number. ‘Araount Overpayment. Batch Number C) charge $ $ cash: Attorney/Pro Se Name Telephone Number County of Venue Pau | B D4 uoky 604 32% 7237 ext Ad las he Firm Name (if applicable) Docket Number (when available) Office Address - Street City State Zip BSG Boar Jus | Biles [Attaatic Oy MT lost Document Type Jury Demand Cow and O Yes No Name of Party (e.g., John Doe, Plaintiff) | Caption Pau | B De voles P lec HEC Paal @ Oa las ky plea hte v EFS de QRadent Case Type Number (See page 3 for listing) _ 6 44 Are sexual abuse claims alleged? 0 Yes iZ'No Does this case involve claims related to COVID-19? D Yes [Z‘No Is this a professional malpractice case? DO Yes ZNo If “Yes,” see N.J.S.A. 2A:53A-27 and applicable case law regarding your obligation to file an affidavit of merit. Related Cases Pending? C] Yes No f “Yes,” list docket numbers Do you anticipate adding any parties (arising out of same Yes E1No transaction or occurrence)? Name of defendant’s primary insurance company (if known) 0 None (Unknown Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 1 of 4 ATL-L-000220-24 10/02/2023 Pg12o0f14 Trans ID: LCV2024306255 The Information Provided on This Form Cannot be Introduced into Evidence, Case Characteristics for Purposes of Determining if Case is Appropriate for Mediation Do parties have a current, past or recurrent relationship? C1 Yes [No If “Yes,” is that relationship: 0 Employer/Employee O Friend/Neighbor C Familial C] Business C) Other (explain) Does the statute governing this case provide for payment of fees C Yes ENo by the losing party? Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition. Time 16 OC far @8Se0r as FAs acten jneelves my being able fo ean 4 fiemy, Do you or your client need any disability accommodations? L Yes No 6 If yes, please identify the requested accommodation: Will an interpreter be needed? C1 Yes Ko If yes, for what language? I certify that confidential personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). Attorney/Self-Represented Litigant Signature: fe is E> Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 2 of 4 ATL-L-000220-24 10/02/2023 Pg 13 o0f14 Trans ID: LCV2024306255 Civil Case Information Statement (CIS) Use for initial pleadings (not motions) under Rule 4:5-1 CASE TYPES (Choose one and enter number of case type in appropriate space on page 1.) Vee ERI ENRURU CS med 151 Name Change 175 Forfeiture 302 Tenancy 399 Real Property (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction) 502 Book Account (debt collection matters only) 305 Other Insurance Claim (including declaratory judgment actions) 506 PIP Coverage 510 UM or UIM Claim (coverage issues only) Sil Action on Negotiable Instrument 512 Lemon Law 801 Summary Action 802 Open Public Records Act (summary action) 999 Other (briefly describe nature of action) OPES ERIE Rieocond 305 Construction 309 Employment (other than Conscientious Employees Protection Act (CEPA) or Law Against Discrimination (LAD)) 599 Contract/Commercial Transaction 603N Auto Negligence — Personal injury (non-verbal threshold) 603Y Auto Negligence ~ Personal Injury (verbal threshold) 605 Personal Injury 610 Auto Negligence — Property Damage 621 UM or UIM Claim (includes bodily injury) 699 Tort — Other 005 Civil Rights 301 Condemnation 602 Assault and Battery 604 Medical Malpractice 606 Product Liability 607 Professional Malpractice 608 Toxic Tort 609 Defamation 616 Whistleblower / Conscientious Employee Protection Act (CEPA) Cases 617 Inverse Condemnation 618 Law Against Discrimination (LAD) Cases Revised Form Promuigated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-Bl) page 3 of 4 ATL-L-000220-24 10/02/2023 Pg14o0f14 Trans ID: LCV2024306255 Peer eAy PVR OBIE MIES OL OIUM NY LOTT OTE BUY or ee UCCN ROSE L i 156 Environmental/Environmental Coverage Litigation 303 Mt. Laurel 508 Complex Commercial 313 Complex Construction 514 Insurance Fraud 620 False Claims Act 701 Actions in Lieu of Prerogative Writs 271 Accutane/Isotretinoin 281 Bristol-Myers Squibb Environmental 282 Fosamax 285 Stryker Trident Hip Implants 291 Pelvic Mesh/Gynecare 292 Pelvic Mesh/Bard 293 DePuy ASR Hip Implant Litigation 296 Stryker Rejuvenate/ABG II Modular Hip Stem Components 299 Olmesartan Medoxomil Medications/Benicar 300 Talce-Based Body Powders 601 Asbestos 624 Stryker LFIT CoCr V40 Femoral Heads 625 Firefighter Hearing Loss Litigation 626 Abilify 627 Physiomesh Flexible Composite Mesh 628 Taxotere/Docetaxel 629 Zostavax. 630 Proceed Mesh/Patch 631 Proton-Pump Inhibitors 632 HealthPlus Surgery Center 633 Prolene Hernia System Mesh 634 Allergan Biocell Textured Breast Implants 635 Tasigna 636 Strattice Hernia Mesh 637 Singulair 638 Elmiron If you believe this case requires a track other than that provided above, please indicate the reason on page 1, in the space under “Case Characteristics’ Please check off each applicable category O Putative Class Action CJ Title 59 (J Consumer Fraud Revised Form Promulgated by 04/19/2022 Notice to the Bar (effective 05/01/2022), CN 10517 (Appendix XII-B1) page 4 of 4