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Home My WebLink About02-4672STEVEN R. TROUT, INDIVIDUAL Plaintiff ARTHUR R. TROUT, INDIVIDUAL Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : JURY TRIAL DEMANED 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 STEVEN R. TROUT, INDIVIDUAL Plaintiff vi. ARTHUR R. TROUT, INDIVIDUAL Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : NO. : : CIVIL ACTION- LAW : : JURY TRIAL DEMANED NOTICIA Le han demandado a usted en la corte. Si usted QUIERE defenderse de e stas demandas expuestas en las pagina 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 o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A LIN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 STEVEN R. TROUT, INDIVIDUAL Plaintiff Vo ARTHUR R. TROUT, INDIVIDUAL Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBLERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED COMPLAINT AND NOW comes Plaintiff, Steven R. Trout, by and through his attorney, Darrin C. Dinello, Esquire, and avers the following in support of this Complaint: 1. Plaintiff, Steven R. Trout (hereinafter referred to as "PlaintifF'), is an adult individual with an address of 105 East Allen Street, Apt. 208, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Arthur R. Trout (hereinafter referred to as "Defendant"), is an adult individual with an address of 514 Fishing Creek Road, Lewisberry, Pennsylvania 17339. 3. Defendant is the sole proprietor of a business know as Trout's Texaco with an address of 514 Fishing Creek Road, Lewisberry, Pennsylvania 17339. 4. On or about March 3, 2001 Defendant hired Plaintiff to work at Trout's Texaco. 5. Plaintiff's primary duties as an employee of Trout's Texaco were working as a cashier, filling propane bottles, executing paperwork, for U-Haul rentals and performing minor service and repairs on vehicles. 6. Upon hiring Plaintiff as an employee of Trout's Texaco, Defendant agreed to pay Plaintiff $8.00 per hour for all work performed. 7. Plaintiff worked as a full time employee of Trout's Texaco from March 3, 2001 through February 11, 2002. 8. From March 3, 2001 through November 26, 2001 Plaintiff worked at least 60 hours per week s an employee of Trout's Texaco. 9.From December 2, 2001 through February 11,2002, Plaintiff worked at least 53 hours per week as an employee at Trout's Texaco. COUNT I - DEFENDANT FAILURE TO PAY WAGES IN VIOLATION OF PENNSYLVANIA'S WAGE PAYMENT AND COLLECTION LAW AND MINIMUM WAGE ACT 10. Plaintiff incorporated paragraphs 1 through 9 above as ifmore fullyset forthin detail herein. 11. Plaintiffhas repeatedly demanded that the Defendant pay him the wages owed for all the hours worked from March 3, 2001 through February 11,2002. 12. Defendant has refused to pay wages owed to Plaintiff for regular hour worked and therefore is in violation of Pennsylvania's Wage Payment and Collection Law. 13. Defendant has refused to pay wages owed to Plaintiff for overtime hours worked and there is in violation of Pennsylvania Minimum Wage Act. 14. All wages owed to Plaintiff by Defendant are presently due and uncollected. 15. As a result of Defendant's refusal to pay wages owed Plaintiffhas sustained damages and seeks the following remedies: a. $11,840.00 that represents wages owed for regular hours worked from March 3, 2001 through November 26, 2001; $8,880.00 that represents wages owed for overtime hours worked from March 3, 2001 through November 26, 2001. Said amount is calculated in accordance with Section 331.104 (c) of the Pennsylvania Minimum Wage Act; $3,520.00 that represents wages owed for regular hours worked from December 2, 2001 through February 11, 2002; $1,716.00 that represents wages owed for overtime hours worked from December 2, 2001 through February 11,2002. Said amount is calculated in accordance with Section 33 I. 104 (c) of the Pennsylvania Minimum Wage Act; $6,489.00 that represents liquidated dames provided for in Section 260.10 of Pennsylvania's Wage Payment Collection Law; Reasonable Attorney's fees as provided for in Section 333.113 of Pennsylvania's Minimum Wage Act; and costs of suit. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in his favor against Defendant and award him damages in the amount of $32,445.00, together with reasonable attorney's fees, costs of suit and any other amount, the Court deems proper. Respectfully Submitted, Date: D~in C. Dinel~, Esquir~ Attorney for Plaintiff Attorney I.D. No. 78157 2405 Linglestown Rd. Harrisburg, PA 17110 (717) 909-6730 VERIFICATION I, Steven R. Trout, hereby verify that I am the Plaintiff in this action; that as such, I am authorized to make this verification; that I have read the foregoing document; and that the facts stated therein are tree and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. Steven R. Trout, Plaintiff STEVEN R. TROUT, INDIVIDUAL Plaintiff ARTHUR R. TROUT, INDIVIDUAL Defendant IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY : PENNSYLVANIA : No. 02-4672 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTION MOTION TO TRANSFER 1. Plaintiff has filed a Complaint against his father averring that Defendant failed to pay him as an employee of Defendant's service station. 2. Defendant's service station, Trout's Texaco, is located at 514 Fishing Creek Road, Lewisberry, York County, Pennsylvania. 3. Defendant resides in York County and the Complaint was served upon him in York County. 4. At all times set forth in the Complaint, Plaintiff was also a resident of York County. 5. The cause of action and all transactions or occurrences out of which the cause of action arose took place in York County. WHEREFORE, Defendant alleges that venue is irnproper and this case should be transferred to York County. Respectfully submitted, Charles E. Friedman, Esquire 300 N. Second Street P. O. Box 885 Harrisburg, PA 17108-0885 (717-232-9925) I.D. No. 07175 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the within document, by placing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~-6 day of November, 2002, on the following individuals addressed as follows: Darrin C. Dinello, Esq. 2405 Linglestown Road Harrisburg, PA 17110 Charles F. Friedman, Esquire SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04672 P COMMONWEALTH OF PENNSYLVA/qIA: COUNTY OF CUMBERLAND TROUT STEVEN R VS TROUT ARTHUR R R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT TROUT ARTHUR R but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT , Sheriff or Deputy Sheriff says, that he made a diligent , to wit: in his bailiwick. County, & NOTICE who being search and He therefore Pennsylvania, to On October 24th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 33.87 .00 70.87 0/24/2002 DARRIN DINELLO R/.~ Thomas KlineZ ~ [ · Sheriff of Cumberland County Sworn and subscribed to before me this ~ day o~ A.D. Prothonotar~ / ' COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 lo/lo ..... SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN Steven R. Trout 2 COURT NUMBER 02-4672 civil 4. TYPE OF VV~IT OR COMPLAINT 3 DEFENDANT/S/ Arthur R. Trout Notice and Ccrnplaint 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A~TACHED, OR SOLD SEii~E { Arthur R. Trout AT INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 6 ADDRESS (STREET OR RFO W1TH BOX NUMBER, APT NO, CITY, BORO, TW~, STATE AND ZIP CODE) 514 Fishinq Creek Road Lewisberry, PA 17339 7 INDICATE SERVICE: Q PERSONAL [~ PERSON IN CHARGE ,~ DEPUTIZE O CERT· MAIL Q 1 ST CLASS MAIL [~ POSTED O OTHER NOW October 8 ,20 02 I, SHERIFF oC~ilI~&NTY~ PA..do hereby depu~tiz~.the sheriff of York _---- CO U NTT to execu t~~tu r~tfA?~?~.,c.~ac~o rd in g to law. This deputization being made at the request and risk of the plaintiff. 7 ""'~ ......... ~..~ ~.,,~,~ ' 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff mewing upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of lew or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9 TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10 TELEPHONE NUMBER IIt DATE FILED DARRIN C. DINELLO 2405 LINGLESTOWN RD. HBG, PA 17110 909-6730 I 9-30-02 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of thewrit .~ 14 ~)ATE RECEI ED 15. Ex iration/Hearing Date Or complaint as indicated above / R. AHRENS /' 0-9-0~ 1~-30-02 16. HOWSERVED: PERSONAL(i~y" RESIDENCE( ) POSTED( ) POE(~ SHERIFF'S OFFiCE ( ) OTHER( ) SEE REMARKS BELOW EMPTB Oa,e Tim. : nt ID.te T,.e Mi,es ,n, ID.,e Time Miles Int. IDate Time Miles Int. i..,