HomeMy WebLinkAbout00-02121
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02121 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GEISEL STEPHEN R
VS
CRYSTAL WINDOWS LLC
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CRYSTAL WINDOWS LLC
the
DEFENDANT
, at 0009:52 HOURS, on the 10th day of April
2000
at 3300 HARTZDALE DRIVE
CAMP HILL, PA 17011
by handing to
LOUIS CHANG
a true and attested copy of COMPLAINT & NOTICE
together with
REQUEST FOR PRODUCTION OF DOCUMENTS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.68
.00
10.00
.00
36.68
So Answers:
~1Jt(v;r~~i
R. Thomas Kline
04/12/2000
FLOWER, FLOW R & LINDSAY
~
Sworn and Subscribed to before By:
me this /'I cc:.
day of
~ ~ A.D.
~{2 Indt, /~
rothonotary ,
. ~"'"l
STEPHEN R. GEISEL,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. ~b6l> - at 1;;>../
CIVil TERM
CRYSTAL WINDOWS, llC,
Defendant.
REQUEST FOR PRODUCTION OF DOCUMENTS
TO: LOUIS CHANG, PRESIDENT
CRYSTRAL WINDOWS, LLC
3300 HARTZDALE DRIVE
CAMP HILL, PA 17011
PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4009, you are required to
furnish at our office, on or before forty-five (45) days after service hereof, a photostatic copy or
like reproduction of the materials concerning this action or its subject matter which are in your
possession, custody or control and which are not protected by the attorney/client privilege; or, in
the alternative, produce the said matter at said time to permit inspection and copying thereof:
1. Copies of all contracts between Plaintiff and Defendant.
FLOWER, FLOWER & LINDSAY
Attorneys for the Plaintiff
Date:1~t~ f}D
ames D. er, Jr., Esquir
11 East High Street
. Carlisle, PA 17013
\ '(717) 243-5513
I.D. #27742
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.dvoCV -&v I d-" \ CIVIL TERM
STEPHEN R. GEISEL,
Plaintiff,
CRYSTAL WINDOWS, LLC,
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 twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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
(717) 249-3166 '
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
~~~~'~~l
\ \ James D. lower, Jr.
"0 11 East High Street
Carlisle, PA 17013
(717) 243-5513
1.0. #27742
STEPHEN R. GEISEL,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. t.HJ- ";/~I
CIVIL TERM
CRYSTAL WINDOWS, LLC,
Defendant.
COMPLAINT
1. Plaintiff is STEPHEN R. GEISEL, an adult individual, residing at 213
Nebinger Street, Lewisberry, York County, Pennsylvania 17339.
2. Defendant is CRYSTAL WINDOWS, LLC, a limited liability company, with a
primary place of business located at 3300 Hartzdale Drive, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. LOUIS CHUNG is the President of CRYSTAL WINDOWS, LLC.
4. CRYSTAL WINDOWS, LLC, is in the business of the wholesale distribution
and to a lesser extent the retail sale, of windows and doors.
5. Defendant's President, LOUIS CHUNG, hired Plaintiff on or about July 6,
1999, as a salesman.
6. After selling Defendant's products successfully for approximately five
months, Plaintiff and Defendant entered into an employment contract for the period of December
7, 1999 through January 1, 2001, for Plaintiff to be hired as General Manager of CRYSTAL
'/"",,-,"
WINDOWS, LLC, of Camp Hill, Pennsylvania. A copy of said contract is attached as Exhibit "A"
and incorporated herein. Said contract provided that Plaintiff would be paid the following:
A. $1,166.50 salary every two weeks;
B. Reimbursement of business expenses" including but not limited to
$75.00 toward a monthly cellular phone bill;
C. A lease motor vehicle of Plaintiff's choice, for both personal and
business use, with all payments, tolls and repairs to be paid for by Defendant;
D. Paid holidays;
E. Ten vacation days over the term of the contract;
F, Medical insurance for Plaintiff; and
G. A 2% commission on all of Plaintiff's sales, to be paid in addition to
Plaintiff's salary.
7. Later in December, Plaintiff and Defendant signed an addendum to the
aforesaid contract, which Plaintiff believes modified the prior employment contract in several
respects, including the following:
A. Increasing the reimbursement for cellular phone expense to a
maximum of $120.00 per month; and
B. Providing that the bonus of 2% of commissions for sales in any given
month would only apply in months in which Plaintiff had $50,000,00 or more in sales.
3
8. On December 27, 1999, LOUIS CHUNG, President of Defendant,
CRYSTAL WINDOWS, LLC, called Plaintiff into his office, and told him that he was sorry, but
the company could not afford to pay him the income promised under the contract, and offered to
renegotiate an agreement for Plaintiff to relinquish his position as General Manager, and to take
a less satisfactory position as an independent sales representative, in which position he would
be paid no salary but only commission.
9. When Plaintiff declined to renegotiate his contract as indicated, Plaintiff
breached the employment contract between the parties and told Plaintiff that he was fired.
10, As a direct result of Defendant's breach of Plaintiffs employment contract,
Plaintiff suffered damages as follows:
A. Lost salary in the amount of $43,329,00;
B. Lost value of a leased Volvo S-80 in the monthly amount of $830,00,
for a yearly loss of $9,960.00;
C. Lost value of medical insurance consisting of Blue Cross/Blue Shield
or Health One or Custom Blue and dental and vision insurance, in an undetermined amount;
D, Lost eight holidays, vacation days and personal days of
undetermined value;
E. Lost income from commission on 2% of Plaintiffs predicted sales
over the period of the contract, which based upon Plaintiffs prior experience, are estimated to be
in the approximate amount of $60,000.00.
4
.. -,"".-..
WHEREFORE, Plaintiff demands judgment against Defendant in an amount in
excess of Twenty-five Thousand ($25,000.00) Dollars, an amount not requiring submission to a
board of arbitration for determination.
FLOWER, FLOWER & LINDSAY
Attomeys for Plaintiff
u
5
James D. low ,Jr.'
11 East High Street
Carlisle, PA 17013
(717) 243-5513
I.D.#27742
VERI FICA liON
I, STEPHEN R. GEISEL, Plaintiff in the within action, hereby verify that the
statements made in the within instrument 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 18 Pa.e.S. Section 4904, relating to unsworn falsification to authorities.
Date:
~':<'"06
5
I.
"'
"'
-- -~
"
,'"
c"''', ,,'" """
"N" < ~
~~_~~, 1-
II
"
.,~""",~Itl.UIIlllll""~_
III
i
t
I
I
I
ElllP.~' menl oontrlWl fur tIIc period, of Dec:embet 7, 19Y9 tbru lanlWY 1,2001. As pet the conversation
bcl'W ' Louis Chung (Ptesidellt) aad Stephen GEisel (Cleneml Manager' Camp HiU) th_ COIIlracl terms
have asreed upon '
!
I
I
,
I
i
!
i
I
I
I
I
nlllllk you again tor yOur lime lIIId coor.i~on. I hope tbat th= comina)W will be a prospetOIIS one fur
aJlOfjus aad tbat we will continue to cIo' lher for years to QOlfl4I. ThlIllk you a
I
4/26/2030 10:32
, I
7177332157
MAIL BOXES ETG
PAGE 02
STEPHEN R. GEISEL
213 NEBINGER STREET
LEWISBERRY. PA 17339
CRYSTAL WINDOWS
SALARX, $1666.50 TO BE BI.WEEKLY nlRU JANUARY 1,2001.
REIMBI ~RMRNT OFEXPEJ'I'SBS: ,ALL BUSINtlSS RECEJPTS COLLECTlID ON
A MON1llLY BASIS AND $7S.ootOWARPS THE MONTHLY CELLULAR
PHONE BILL.
g.R ALLOWANCE: LEASH ,VEHlCAL OF MY CHOICE Wl'I1I ALL LEASE
PAYMENTS. TOLlS AND IU!PAlRS TO BE PAID FOR BY CRYSTAL WINDOW
L TO., VEHICAL ALSO TO BE ALI,OWBD FOR ALL PERSONAL usa.
pA!OHnT .mAYS' THOSE CUlUlEN'I1.Y PA!OTO ALL EMPLOYEES,
VACATION DAYS: 10 DAYS OVER A ONE YEARPElUOD.
PERSONAL DAYS: 3 DA"fS'OVER. A ONE YEARPElUOD.
J:m.lii; GENBRAL MANAGEa
MEDICAL BEl'lEFITS: TO INCLUDE ONLY MYSELF.
COMMISSION: l%O~ALLPA!O,iNVOICESPBRMONTH.
<
, ,
...;:
, . >
~rI'7':"::"'; '-',', ".,'
I')') 'I! / ~ ' ,!, I '"1 ~l-1 I "
J . , " ' ~ ~
, ';;':',S~~bclsei, .
, ,:'~............;"
'. ""~.,~".
: -r;,., .
,
,:"
.. ,'.
: ;.',',I~;
':':." .
....,:.
....i\;,..,I;.
.'.1. ""
. ". '.i
I "
.
:' ;o' '.,~, ~
"I.'~ .
.'.:
,
'.l:j ':;,1"
. ,','
I
,
I
I
j
, "
+-"'\'
,', .'0 ';'.
~' , .. .'
)1!26/2~03 10:32
!
i
I
i'l77332167
~~-'-
MEDICAUVlSJONIDENTAL INSURANCE:
pt CQUlplele aIIa<hed Benefits EtrtoIlmllllltFIlllll ond relllrillo Bridget NO LATER THAN Decc:mbcr
28, I 99. We wooId like to enroll by 1he 15" of J81'Iuary.
If yo haWl an)' qUllllliOlls, please call1hc toll free numbers Iist>ld on individual insurance plan. I have e
Pltys cian's Direclory lit the office. You will baw 10 I:OIl\pl'lle this infbmalicu at the ofJiee. THIS,
aMArION'MlJST BE COMPLETED PlU<m,ro YOU RECEIVING INSURANCE. rfyolI do not
wan Al'lV insunui.... plelloe let Bridget lmow. ' ,
,
TH+KS EVERYONE!!!!l!!!!
~
-
,
1
". ,
"""""""'.
~
~
UJ
~
....j
.........
~
.>,'.
-r
(Slf
~~~
",~". ""."
~ &-
~l~ ~
o
C
2""
~~~;
(/~ ,.~::-
~c
}~~.c>
..~- ( I
J>G;
:'2
c?
c;:l
'P"
-'~J
-;'J
,
--'
~,'1ll'
::1:
S
r'
~
\~
C) ~,
.-.-j
(,;)
t::>
.----\ <
;~~:jd
':;\:?
\~:~;(?,
.":..--.('
'~''A
""n
-.
-'-
. ,~ ''', ", "' ., --<" ,^"""~
..,~l"~'_~f","-m;ml?!i!':e:J!!!f;'~llllll!lllln.l!lIIll!'~I__~, ~~,~
,
I
I
I
I
I
I
I
I
1<
I
I
i
I
I
i
I
,
I
I
I
I
,
i
,
i
Johnson, Duffie, Stewart & Weidner
By: Michael J. Cassidy
LD. No. 82164
30 I Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
STEPHEN R GEISEL,
INTHE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 2121 Civil 2000
v.
CIVil ACTION - LAW
CRYSTAL WINDOWS, llC,
Defendant
NOTICE TO PLEAD
TO: Stephen R. Geisel
clo James D. Flower, Jr., Esquire
FLOWER, FLOWER & L1NDSA Y
11 East High Street
Carlisle, PA 17013
It.
AND NOW, this L day of May 2000, you are hereby notified to plead responsively within twenty
(20) days of the date of service hereof, or judgment may be entered against you.
JOHNSON, DUFFIE, STEWART & WEIDNER
, \
By: ~;;;;~C~idyPl
Attorney I.D. No, 82164
301 Market Street
P,O. Box 109
lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
1--
- ;'1-
',.'''"'.1,"<u' _ ".~, . __0' ", _ ^
,.~
Johnson, Duffie, Stewart & Weidner
By: Michael 1. Cassidy
LD. No. 82164
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
Attorneys for Defendant
STEPHEN R GEISEL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 2121 Civil 2000
v,
CIVil ACTION - LAW
CRYSTAL WINDOWS, llC,
Defendant
ANSWER TO COMPLAINT
AND NEW MA TTER
AND NOW, this '(I/. day of May 2000, comes Defendant, CRYSTAL WINDOW & DOOR OF
PENNSYLVANIA. LLC. by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and
responds as follows:
1 , Admitted.
2. Denied. It is denied Defendant is Crystal Windows, LLC. By way of clarification,
Defendant's correct name is Crystal Window & Door of Pennsylvania, llC.
3. Admitted.
4, Admitted.
5, Admitted.
~ 'r '
'~T'" ':"-~ ..-
.-- _"1'_d"
;."'7'77.
6, Denied. Defendant denies Plaintiffs characterization that Plaintiff "successfully" sold
Defendant's products for approximately five (5) months. Plaintiffs paraphrasing of the alleged "employment
contract" which Plaintiff attached to the Complaint as Exhibit "A" is further denied as Exhibit "A," being a
writing, speaks for itself.
7. Denied. Plaintiffs paraphrasing of the alleged addendum is denied as the addendum,
as alleged, being a writing, speaks for itself.
8. Denied. Plaintiff's averment is denied as stated. By way of further answer, sometime
in late December 1999, Mr. Louis Chung offered to re-negotiate Plaintiff's employment status whereby
Plaintiff could opt for a position paying straight commission or a salaried position with a reduced commission
rate.
9. Denied. Plaintiffs averment as set forth is patently denied. By way of further answer,
Defendant contends Plaintiff unilaterally terminated his own employment.
10, Denied. It is denied that Plaintiff suffered damages and strict proof thereof to the
contrary is demanded at trial.
WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in favor of
Defendant on all counts set forth in Plaintiff's Complaint.
NEW MA TTER
AND NOW, comes Defendant, CRYSTAL WINDOW & DOOR OF PENNSYLVANIA, LLC, by and
through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files the following New Matter
of which the following is a statement:
11, Defendant, Crystal Window & Door of Pennsylvania, LLC, incorporates paragraphs 1 through
10 of the above Answer and New Matter as though set forth herein in their entirety.
'-~, I I' ,'",< I'" . :'," ~" ".'-1 ,", . ~,,"" ~, "1>-.
, . -
12. Plaintiff is solely responsible by his own actions for any alleged damages.
13. Plaintiff unilaterally breached the alleged contract between Plaintiff and Defendant.
14. Defendant, Crystal Window & Door of Pennsylvania, LLC, pleads the doctrines of waiver,
estoppel and/or laches as a complete bar to recovery by Plaintiff in this matter.
15, Defendant, Crystal Window & Door of Pennsylvania, LLC, pleads the statute of frauds as a
complete bar to recovery by Plaintiff in this matter.
WHEREFORE, Defendant, Crystal Window & Door of Pennsylvania, LLC, denies that it is liable to
Plaintiff for the sums complained of, or for any sums whatsoever, and demands judgment in its favor plus
fees and costs.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
" \
o rr? p
Michael . Cassidy ,
Attorney I.D. No. 82164
301 Market Street
P,O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
: 134087
I~~: -, ".-'-":~I- ,--,-'," "~ -"'''" ,~'. -"f--
~ ,.
.
, ,t-ol
--
VERIFICA TION
The undersigned says that the facts set forth in the foregoing ANSWER AND NEW MATTER are true
and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. !l4904, relating to unsworn
falsifications to authorities.
c;x!~ ~
Louis Chung, Manager
Crystal Window and Door of Pennsylvania, LLC
Dated:
o~'~c-r'
""
- ""1' .C<"--
-- ,I." -,,~, "' "
. -- '-,' ~.
~ r ".1
~
.
CERTlFICA TE OF SERVICE
AND NOW, this L day of May, 2000, the undersigned does hereby certify that he did this date
serve a copy of the foregoing ANSWER AND NEW MATTER upon the other parties of record by causing
same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania,
addressed as follows:
James D. Flower, Jr., Esquire
FLOWER, FLOWER & L1NDSA Y
11 East High Street
Carlisle, PA 17013
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
~. iJ(? ,~
Michae . Cassidy
:r--~!~I
"> -' "-.l'-," ',' .' ",,". -.
,'''>C' '1~ - ',' ",'
---, ,
-''',I
-
11
"
,,- ~--,
.~
~ ,;'" ,~,
""'~
-~
~" .~!II~~_iI(i!'~
J
0 Q ~
C c;:,
:z....
vrD ::!: --<
QJtTi "'" ~1':~
~f9 -< Pl,';"
I
~~? :s-:: 0:. :-!;;Pi1
~f~ ">6
--u ,'::~t (
:-~ :.t +I
"';'c.j - )--
.;;;"C)
)>c N om
z -~
::< ,"-' ~
(",) :XJ
-<
~-r,IIH~.'!It!f!_[fIl, I' 7-" ---~-"!!l
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-2121 CIVil TERM
STEPHEN R. GEISEL,
Plaintiff,
CRYSTAL WINDOWS, llC,
Defendant.
REPLY TO NEW MATTER
11. Plaintiff incorporates paragraphs 1 through 10 of his Complaint by way of
answer of this allegation. By way of further answer, Plaintiff admits that Defendant's name is
Crystal Window & Door of Pennsylvania, LLC. By way of further answer, Plaintiff did not
terminate his own employment, but was terminated by Defendant in breach of the parties'
agreement.
12. Denied. Plaintiff's damages are the direct result of Defendant's breach of
the contract between the parties.
13. Denied. The contract was breached solely by Defendant.
14&15.
These allegations are conclusions of law, to which no responsive
pleading is required. By way of further answer, the doctrines of waiver, estoppel, laches and
statutes of frauds provide no valid defense to Defendant.
WHEREFORE, Plaintiff requests that the relief sought by Defendant in his New
Matter be denied.
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
James D. Flo er, Jr.
11 East H ig h Street
Carlisle, PA 17013
(717) 243-5513
I.D. #27742
,""
. ~- -
.~ " , < ~,~~ ~"'
I.
"
.,.
~J ^
~"- .<'<
'!lriffl\~~~.!'ll!!ilIi,.._~ ~~frJIlIIIilffl'7""'"~'~"_';j,J
VERIFICATION
I, STEPHEN R. GEISEL, Plaintiff in the within action, hereby verify that the
statements made in the within instrument are true and correct to the best of my knowledge,
information and belief. I understand that false statements .herein ar~m~de subject to the
/ ,
penalties of 18 Pa.C.S. S 4904, relating to unsworn falsificatiojl aut~ ' '
J"
"
~?'i'
Date: May
,2000
I:",
,~
,"" ..'TOO,
~.
~ .~
C)
c:
~~--=
--CeD
~~FH
~~~:
~~~~ C)
. ,'.-:: C"
-'""S
/~
"AY 2 3 2000
~~
,.,J,,4i;l11!l
-<
r'
"
o
o
::!:
:;.0.
~.<
1'..)
o
"
"
;=
-"1m
."iO
/-'),1
~~~
(:);0
~-l...")
e5m
'-l
~~
'-<
C')
..... ~~''''fl.''!,,,,, ,~" .~W..,.,",""
lJIII! "",",",,_