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HomeMy WebLinkAbout02-5207COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF LABOR LAW COMPLIANCE, o/b/o JOSEPH F. PIRROZI, Plaintiff JAY MARCHACK, individually, and NATIONAL ELEVATOR INSPECTION SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04- NO. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must take action within TWENTY (20) 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 further notice for any moneys claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property 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, EITHER OF THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: If you do not have an attorney~ or cannot afford one~ contact: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166, or Toll Free Telephone: (800) 990-9108 Respectfully submitted, Dated: ~, 2002. PETER VON GETZIE Assistant Counsel Atty. Reg. No. 77688 Labor Law Compliance Division Office of Chief Counsel Department of Labor and Industry Commonwealth of Pennsylvania Tenth Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, PA 17120 717-787-4186 2 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF LABOR LAW COMPLIANCE, o/b/o JOSEPH F. PIROZZI, Plaimiff JAY MARCHACK, individually, and NATIONAL ELEVATOR INSPECTION SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. COMPLAINT 1. Plaintiff is the Bureau of Labor Law Compliance, which is an agency of the Commonwealth of Pennsylvania, duly established in the Department of Labor and Industry and which was delegated administration and enforcement of the duties assigned to the Secretary of Labor and Industry under the Pennsylvania Wage Payment and Collection Law ("WPCL"), act of July 14, 1961, P.L. 637, as amended, 43 P.S. §§ 260.1-260.12. Plaintiff maintains an office, or regular place of business, at 1103 Philadelphia State Office Building, 1400 Spring Garden Street, Philadelphia, PA 19130. 2.a. Defendant NATIONAL ELEVATOR INSPECTION SERVICES, INC. ("NEISI"), is a Delaware corporation, having an office or regular place of business at 11088 Millpark Dr., Suite 130, Maryland Heights, MO 63043. Defendant NEISI is registered with the Commonwealth of Pennsylvania, Department of State, as a foreign business, and conducted business in the Commonwealth in Cumberland County, through the named Claimant at his home address of 3814 Claverton Road, Mechanicsburg, PA 17050, throughout the period of his employment with Defendants. b. Defendant JAY MARCHACK, at all times relevant hereto, was the Chief Executive Officer of, and served as agent for, Defendant NEISI, with respect to the matter complained of herein. As a result, Defendant JAY MARCHACK is a statutory employer pursuant to the definition of "employer" set forth in Section 2.1 of the WPCL, 43 P.S. § 260.2a, and is individually liable for the wages and statutory liquidated damages requested. 3. Plaintiff brings this action on behalf of Joseph F. Pirozzi ("Claimant"), an adult individual currently residing at 3814 Claverton Road, Mechanicsburg, PA 17050. 4. Pursuant to Section 9.1(e) of the WPCL, 43 P.S. § 260.9a(e), Claimant executed, and delivered to Plaintiff, an assignment of his wage claim against Defendants. A tree and accurate copies of said assignment and its attachments are attached hereto, made a part hereof, and collectively marked as Exhibit "A ". 5. Claimant was employed by Defendants as an assistant vice-president from approximately April 1996 through April 26, 2002. 6. Under the agreed-upon terms and conditions of his employment, Claimant's compensation package at or near the time of his separation included 2% commission of all business generated from customers based within Pennsylvania and other specific accounts that were assigned outside of Pennsylvania. 2 7. For business generated between September 17, 2001 and April 26, 2002, Defendants failed to pay Claimant for commissions due in the amount of approximately $14,000.00. This amount is approximate, because neither Plaintiff nor Claimant has access to any records that show the actual amount of business generated during this time period. Only Defendants and their representatives currently have access to these records. This estimate is based upon past figures provided to Claimant by Defendants, which indicated he earned an average of almost $2,000.00 per month in commissions over the past 3 years of his employment, and that he is owed commissions for over 7 months of business generated. The estimated amount of commissions due may be modified later in these proceedings, once Plaintiff receives additional information from Defendants. 8. These wages have been unpaid more than 30 days beyond Claimant's regular paydays, and/or more than 60 days after proper claim was made therefore, without the existence of any good-faith contest or dispute that they are due and owing to Claimant; and as a result thereof, Defendants are additionally liable for statutory liquidated damages in the amount of 25% of the wages due, which equals approximately $3,500.00, pursuant to Section 10 of the WPCL. 43 P.S. § 260.10. This figure may be revised by Plaintiff once the actual amount of commissions due Claimant is determined. WHEREFORE, Plaintiff requests judgment against Defendants, jointly and severally, under the WPCL in the amount of approximately $17,500.00, or other such sum as this Honorable Court may determine to be due said Claimant, together with costs of suit and reasonable attorney's fees, as authorized by 43 P.S. § 260.9a(f). The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by local rule. Respectfully submitted, DATED: October 25 ., 2002. ASSISTANT COUNSEL Atty. ID No. 77688 Commonwealth of Pennsylvania Department of Labor and Industry Office of Chief Counsel Labor Law Compliance Division 10th Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, PA 17120 Telephone: (717) 787-4186 -- Counsel for Plaintiff 4 EXHIBIT ",4" Office use only: WP&C WAGE COMPLAINT FORM MW CLL This form is used for complaints under the Pennsylvania Minimum Wage Act of 1968 and the Wage Payment and Collec- tion Law. Persons returning this form should complete all parts, including the reverse side, that are applicable to the specific law or laws under which a complaint is made. RETURN TO: At-tn: Donna L Boyer Bureau of Labor Law Compliance 1301 Labor and Industry Building Seventh and Forster Streets Harrisburg, PA 17120-0019 Telephone: 717-787-4671, 1-800-932-0665 or FAX: 717-787-0517 PLEASE PRINT: Name of Person Filing Complaint J~)S~'~J'~ ~. ~1 ~0 ZZ ( STREET CiTY / STATE ZIP CODE Social Security Number J~- .~- _~ ~O~ Bi~hdate /~* ~ I- ~ Telephone Number where you can be reached between 8:30 a.m. and 5:00 p.m. (7 I ~ ) 7~7 -- ~- ~ ~- ,,~UOE AR~ C0OE) E-Mail Address Fax Number ( ) -- Type of Work Performed /~.~.~'. ~. ~) ~'/'~ ~/¢ ~- ~ ~ ~ ¢/~- ~.%~¢~ ~ ~ - Location of Employment ~ ~¢e~ .~ ~d ~ ~ ~, ~ I~ STREET CITY COUNt/ STATE ZiP CODE Company Name, If any~.¢¢¢/~ Euc~; ~C TelephoneNumber(~oo)~-- ~ ~ '~ 'Z Z ,~ i Contact Person (Against whom the Wage Ciaim is filed) ~ ¢ ~, ~ ~X~ ~ - ~S,~ ~ Address 1~/~ ~ ~ ~,~, ~ ~ ~ /~ STREET COUN~ STATE ZIP CODE DateHired ~,c ~ n~ ~oll~me ~m.~l. Are you still employed by the named employer? ~ YES ~ NO if NO, give the last date worked ~ ~ ~ ~ Was your termination: ~ Volunta~ ~; Involuntary 1. Was there a written contract of employment between you and the named employer? ~ YES ~ NO If YES, please attach copy. 2. What was your regular payday to be? (check one) ~ Weekly ~ Bi-Weekly ~ Monthly ~ Other 3. Were wages paid to youin a form other, than a check? ~ YES ~ NO ~ Other (cash) 4. What was ~he latest rate of pay agreed upon between you and the named employer? Hourly $ Weekly $ Other, please explain ~ % ~/~5~ ~ ALq ~ ~ 5 ~ What are the TOTAL ~ages claimed by yo~? ~ ~o~ ~a~o~. COMPLETE REVERSE SIDE LLC-9 REV 1-02 IPAGE 1 ) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF LABOR LAW COMPLIANCE Mr. John Judge Bureau of Labor Law Compliance 1301 Labor & Industry Building 7th & Forster Streets Harrisburg, PA 17120 Dear Mr. Judge: The attached information is being provided to support my claim that commissions earned for a seven month period (Oct 1, 2001 thru April 26, 2002) are due and payable from my previous employer. When I notified Mr. Marchack, President, that I would be leaving NEIS for another position he seemed to understand that it was a good move for me. He asked that I give him two weeks so the transition would be smooth and to make sure he had enough time to make arrangements to have the company equipment picked up (i.e. company car, fax machine, copy machine etc.). I agreed. When I asked him how he intended to handle my final pay, expenses and commissions, he said I would not be getting any commissions. He said unless you were employed at the end of the year when commissions were normally paid you were not entitled to them. He said it was similar to the 401k contribution. When I went to work at NIES I negotiated the terms of my employment. Since the company did not (and at the time I Iefr, April 26, 2002, still did not) have any written policies and procedures addressing this subject, I put together an agreement spelling out the terms and conditions of my employment (a copy is attached -memo to Jay Marchack dated 3/12/96). There were two items that were changed verbally, Mr. Marchack would not pay me commission for overseeing work in Ohio, West Virginia or Delaware but he did increase the percentage to a flat 2% commission for everything; new sales and servicing existing accounts in PA and the National accounts assigned to me. I have also included internal documentation to support the fact the company viewed this compensation as a "commission". Memos dated Oct. 4, 1995 to me and Donna Larkin (my clerical support person) from home office staff, Kathy Hayes, clearly explains how Donna is to identify all accounts that I should be paid a commission with a source code 004. A memo dated 9/19/96 from me to Kathy Hayes asks her to identify additional accounts to be added to my commission source. There are 3 payroll checks showing the commission amounts paid for 1999, 2000, and 2001 along with copies of the "commission source reports" for the past 4 years. Three of the reports match up with the three checks. Thank you for agreeing to take this claim. If you need additional information please contact me at 717-787-7465 (work); 717-732-3080(home) e-mail - ipirozzi~state.pa.us. P.S. According to the Dept. of State, the NEIS's official agent for Service of Process in PA is C. T. Corp. Sys, 1515 Market Street, Philadelphia, PA 19102 - phone, 215-563-7750. IONAL ELEVATOR INSPECTION S ERVICF~g MEMORANDUM DATE: 3/12/96 TO: Jay Marchack FROM: Joe Pirozzi SUBJECT: Permanent Employment Jay as of April 1, 1996 it is my understanding I will become a permanent employee of National Elevator Inspection Services. The following are the main terms and conditions as I understand them. Please verify if they are correct. · Job title will be Asst.. Vice President Job responsibility will be changed to include: * supervision of the field staff working in Permsylvmfia * expanded territory to now include OMo, West Virgidia, Delaware, and at least parts of Maryland. * Assigned National Accounts * Working with you on specific management and corporate assigmuents * Other duties as assigned. · Base Pay will be increased from 48,000 to $55,000 · You will be removing the 2% new sales commission to be paid for two years that was part of the orig/nal agreement. · You will be reducing the 11/2% maintenance conunission to I%. In consideration for the above reduction in commissions, the 1% maintenance commission will be applicable to all business that is generated from customers located within territories assigned to me and/or form specific accounts I am responsible for and do service. This was to beghx on Oct 1, 1995 and to be paid in one lump smu at the end of the fiscal year 1996. · A compmay car will be assigned as soon as practicable, until such time, however, a car allowance of $550 Fer month will be paid starting on April 1, 1996. · I will not be joining the company health plan for an additional 18 months. Service Commission A 1% maintenance commission will be applicable to all business that is generated from customers based within Pennsylvania and any other specific accounts that are assigned and that are based outside Pennsylvania. A list of the accounts to be included for this period (October 1, 1995 through September 30, 1996) are attached. This list will change as accounts are added or removed throughout the year. Accounts assigned after October 1 on any year will be retroactive to October 1 for the current year. This compensation is to begin on October 1, 1995 and end on September 30, 1996. It will be paid in one lump sum no later than the first full pay in January 1997. Each succeeding year will begin on October I and payment will be received no later than the first full pay in January following the end of the previous fiscal year (i.e., October 1, 1996 to be paid by the first full pay in January 1998). The following are the accounts assigned to Joseph F. Pirozzi that will generate a 1% service commission: 1. All business that is generated from Pennsylvania based accounts. 2. Federated Department Stores 3. Princeton Insurance Company 4. Medical Inter Insurance Exchange 5. Cincinnati Insurance Company 6. Motorist Mutual Insurance Company 7. Ohio Casualty Insurance Company InterOffice Memo To' From: Date: SubJect: DONNA LARKIN KATHY HAYES October 4, 1995 SALES COMMISSIONS FOR JOE PIROZZI Donna, any sales that Joe Pirozzi personally sells (i.e. new accounts) you will need to enter 004 in the source field in locations. This is how we will be tracking all of his sales thru the computer. After this code is entered in locations, it will carry forward to the workorder so you will not have to enter it in both screens. If you have any questions give me a call. cc: Joe Pirozzi InterOffice Memo To: From.' Date: Subject: JOE PIROZZI KATHY HAYES October 4, 1995 SALES COMMISSIONS On any new accounts that you sell and mm into Donna and/or STL, you will have to note "Source Code 004" on the paperwork. Source codes are how we track sales for Bob and Dave and how we will be tracking them for you. For each new account that is added, we will add your source code in the location and anytime the account is billed it will 'count' as a sale for you. Uusally source code reports are printed only at the end of the year, however, if after a couple of months you want a sample report please let me know. If you have any questions please give me a call. cc: Donna Larkin nEis ~NATIONAL ELEVATOR INSPECTION SERVICF~; MEMORANDUM DATE: 9~19/96 TO: Kathy Hayes FROM: Joe Pirozzi SUBJECT: SBT CODES -- COMMISSION Kathy, the following SBT Codes are the ones I could Identify that may be doing business outside of PA. If these offices generate business out of PA they should be added to my list. AETLIU AETLIO AETLIQ AETLIP BELPA1 BELPA2 BELPA3 BELPA4 BELPA5 BELTE1 CHUIB1 CHUIB2 CHUIN CNAIN8 CTEKID CONIN5 CTEKIE ELEMU FIDDE FIRFU HARMI INSMA JOHHI NATMU5 NATIS OHICAC OHICAF OHICAW OHICSl OHICAG OHICA6 PENIN STPAU1 STAFA USFGU1 VIKBR2 KEMIN4 All locations nationwide for the following should be added to my list: · All Federated Department Stores · All Phico Insurance Company · Ail State Auto Insurance Company · All Cigna Ins. (include INA & ESIS) · All Donegal Insurance Company · All Medical Inter-Ins. Exchange * All Millers Mutual Insurance · All Old Guard · All Princeton Insurance · All PA Millers Mutual · All Liberty Mutual -- from PA offices · All Rockwood Insurance Company · All Mercer Insurance Company · All Cincinnati Insurance Company · All Lititiz Insurance Company · All Merchants and Business Men's · All Motorist Insurance · All Penn National Insurance · All Pennsylvania business · All Pennsylvania Lumbermans 9~'Z~9 ~LO~ THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGLE TO SEE THE MARK WHEN CHECKING THE ENDORSEMBNI~ 5130 5130 PIROZZIr JOSEPH F. 185-34-5802 M 0 111700 [~*6,idgs: 23097.25 79702. 213097.25 O.EAR~ 401K 5660.48 Fe'O e:~a I # 8 8 4 0 1 2 5 4 0 8 o~du~io,~ [ NON - NEGOTI~LE, DIRECT DEPOSIT RECEIPT ** P~ To NON - NEGOTI~LE Th. Ord., 5130 5130 Ot JOSEPH F. PIEOZZI ** VOID 3814 CLAVERTON RD MECHANICSB~G. PA 17050 DIRECT DEPOSIT 13134.32 NATIONSaANK ST LOUIS MISSOUR THE ORIGINAL ]OCUMENT HAS A WHITE RBFLECTrVE WATERMARK ON THE BACK HOLD AT AN ANGLE TO SEE THE MARK WHEN CHECKING THE ENDORSEMENT 5130 5130 PIROZZ[, JOSEPH F. 85-34-580~ M 0 110201 ~*~iH~:: 24019.9t 80652.3 1837.53 5844.74 4019.96 O.5ARh 401K 5663.28i ~d~al:~ ::: ~ET PAY DEPOSiTE~ ~Ta~: BANK~ 031301846 0 0 og VERIFICATION I, JOHN E. McCANN, hereby state that I am the Labor Investigator Supervisor of the Philadelphia District Office of the Bureau of Labor Law Compliance, Department of Labor and Industry, Commonwealth of Pennsylvania; that I am authorized to make this statement on behalf of Plaintiff; that I have read the foregoing Complaint; and that the facts alleged therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. · Mc~ATE CERTIFICATE OF SERVICE I, PETER VON GETZIE, hereby certify that I have, this 2_5£h day of October, 2002, served the foregoing Complaint upon the parties and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 403 and 404(2): Service by Certified Mail~ Restricted Delivery~ Addressed as Follows: National Elevator Inspection Services, Inc., and Jay Marchack, individually 11088 Millpark Drive, Suite 130 Maryland Heights, MO 63043 -- Defendants Assistant Counsel Attorney No. 77688 Commonwealth of Pennsylvania Department of Labor and Industry Office of Chief Counsel Tenth Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, Pennsylvania 17120 Telephone: (717) 787-4186 -- Counsel for Plaintiff DEC 0 6 2002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF LABOR LAW COMPLIANCE, o/b/o JOSEPH F. PIROZZI, Plaintiff, JAY MARCHACK, individually, and NATIONAL ELEVATOR INSPECTION SERVICES, 1NC., Defendants. CASE NO. 02-5207 JUDGE JOINT MOTION AND STIPULATION FOR LEAVE TO PLEAD OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT We, the attorneys for the respective parties, do hereby jointly move and stipulate that Defendants Jay Marchack and National Elevator Inspection Services, Inc. (together, "Defendants") shall have an additional ten (10) days, until and including, December 2, 2002, within which to move, plead, or otherwise respond to Plaintift's Complaint in the above- captioned action. Defendants have been granted no previous leaves. This joint motion and stipulation is appropriate so that Defendants can adequately investigate the allegations and properly respond to the Complaint, and is not interposed for the purpose of delay. PETER VON GETZIE (77688) LABOR LAW COMPLIANCE DIVISION Office of Clficf Counsel Department of Labor and Industry Commonwealth of Pennsylvania Tenth Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, Pennsylvania 17120 (717) 787-4186 Counsel for Plaintiff PETER~Xl. ~ 196) DAVID V~. MELLOTT (0019485) BENESCH[, FRIEDLANDER~ COPLAN & ARONOFF, LLP 2300 BP Tower, 200 Public Square Cleveland, Ohio 44114-2378 (216) 363-4.500 (216) 363-4588 (fax) Counsel for Defendants IT IS SO ORDERED. Dated: IZ-10-O.2 JUDGE CERTIFICATE OF SERVICE A tree and accurate copy of the foregoing Joint Motion And Stipulation For Leave To Plead Or Otherwise Respond To Plaintiff's Complaint was served via First Class U.S. Mail, upon Peter Von Getzie, Labor Law Compliance Division, Office of Chief Counsel, Tenth Floor, Labor and Industry Building, Seventh and Forster Streets, Hamsburg, PA 17120, this,,2Q day of November, 2002. Couns~'l fo, t,~D[~fendants Nov 22 2002 11:20 WSHiN CLEVELA 26133/17/1080078 Ver 2 3 iq p~TlOiq p~L ELEX/p~TOK Bqs?ECTI01'4 SEgNICES' De[chaUntS' ) 'ointlY move and stipulate that .. do hereby 3 (together, - attorne'yS ~or the respective Pa~fl~atOr ~nspecUOn Serv;ces, ~n~e:ember We, the . ~afiona~ ~ ., ~-d including, ' ~s 3a~ MarchaCk aaa - ~een 04) aais, unto ~ -l~mt in the ahoy Defendan~ ~dditiona[ ~om~ -- intiff s Comp ,,D~feadantS,,) shall ha~e aa a ~ oc other¢fise respond to ~la _ This ~oiat moUOa ' ~ ._ mo~e, pieaa, 2002, ~ithm ~hich to ~ ~antS have been g~.~te6 no v -atel~ investigate the ai~egaUo captioned act;On- Det~nu - that Defendants can adeqUa _ -u~ose of de~a?. .- ulatiOn is appropr;ate so d is not inte~osed [or me v prsU~pefi~ respond to the C°mp~mt' LABOR LAW COMPLIAN DIVISION Office of Chief Counsel Department of Labor and Industry Commonwealth of Pennsylvania Tenth Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, Pennsylvania 17120 (717) 787-4186 BENESCH, FRIEDLANDER, COPLAN & ARONOFF, LLP 2300 BP Tower, 200 Public Square Cleveland, Ohio 44114-2378 (216) 363-4500 (216) 363-4588 (fax) Counsel for Defendants IT IS SO ORDERED. Dated: JUDGE 2 CERTIFICATE OF SERVICE A tree and accurate copy of the foregoing Joint Motion And Stipulation For Leave To Plead Or Otherwise Respond To Plaintiff's Complaint was served via First Class U.S. Mail, upon Peter Von Getzie, Labor Law Compliance Division, Office of Chief Counsel, Tenth Floor, Labor and Industry Building, Seventh and Forster Streets, Harrisburg, PA 17120, this 17th day of December 2002. Covfftsel~Co~d~ffe eJ~ants Dec 17 2002 14:7 CAC CLEVELA 26133/17/1080078 Vet 1 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF LABOR LAW COMPLIANCE, o/b/o JOSEPH F. PIROZZI, Plaintiff, Vo JAY MARCHACK, individually, and NATIONAL ELEVATOR INSPECTION SERVICES, INC., Defendants. CASE NO. 02-5207 JUDGE JOINT MOTION AND STIPULATION FOR LEAVE TO PLEAD OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT We, the attorneys for the respective parties, do hereby jointly move and stipulate that Defendants Jay Marchack and National Elevator Inspection Services, Inc. (together, "Defendants") shall have an additional fourteen (14) days, m~til and including, December 31, 2002, within which to move, plead, oJ' otherwise respond to PlaintiWs Complaint in the above- captioned action. Defendants have been granted no previous leaves. This joint motion and stipulation is appropriate so that Defendants can adequately investigate the allegations and properly respond to the Complaint, and is not interposed for the purpose of delay. LABOR LAW COMPLIANCE DIVISION Office of Chief Counsel Department of Labor and Industry Commonwealth of Pennsylvania Tenth Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, Pennsylvania 17120 (717) 787-4186 Counsel for~ PDEA~v i~q'~ .~IMR?LALNoOT TW( (000~ 39~ 1895~ ) BENESCH, FRIEDLANDER, COPLAN & ARONOFF, LLP 2300 BP Tower, 200 Public Square Cleveland, Ohio 44114-2378 (216) 363-,1500 (216) 363-,1588 (fax) Counsel for Defendants Dated: IT IS SO ORDERED. CERTIFICATE OF SERVICE A true and accurate copy of the foregoing Joint Motion And Stipulation For Leave To Plead Or Otherwise Respond To Plaintiff's Complaint was served via First Class U.S. Mail, upon Peter Von Getzie, Labor Law Compliance Division, Office of Chief Counsel, Tenth Floor, Labor and Industry Building, Seventh and Forster Streets, Harrisburg, PA 17120, this 17th day of December 2002. C o ~'~s e l ~f~'a~9'~a n t s Dec 17 2002 14:7 CAC CLEVELA 26133/17/1080078 Vet 1 3 coMMoNWEALTH OF PENNSYLVANIA, ' DEPARTMENT OF LABOR AND ' INDUSTRY, BUREAU OF LABOR LAW ' COMPLIANCE, o/b/o JOSEPH F. PIROZZI, ' Plaintiff ' Vo JAY MARCHACK, individually, and NATIONAL ELEVATOR INSPECTION SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AC. TION - LAW · NO. 02-5;207 PRAECIPE TO THE PROTHONOTARY: Please mark the docket in the above-captioned DISCONTINUED and SATISFIED, as to both Defendants. ma~ SETTLED, Respectfully submitted, Peter Von Getzie Assistant Counsel Supreme Court I.D. No. 77688 Labor Law Compliance Division Office of Chief Counsel Department of Labor and Industry Commonwealth of Pennsylvania 10th Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, PA 17120 Phone: (717) 787-4186 -- Counsel for Plaintiff Dated: January 7, 2003.