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Johnson, Duffie, Stewart & Weidner
By: Michael J. Cassidy
LD, No, 82164
301 Market Street
p, 0, Box 109
Lemoyne, Pennsylvania 17043-0 I 09
(717) 761-4540
Attorneys for Plaintiff
GARY T, OCHS, II,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO., (70 - z.s-zt.. ~
v,
CIVil ACTION - LAW
MillENNIUM CONSULTING GROUP, INC"
and MICHAELA. HAYDON,
Defendants
NOTICE TO DEFEND
To the Defendant:
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 defense 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 Liberly Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
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Johnson, Duffie, Stewart & Weidner
By: Michael J, Cassidy
LD. No, 82164
30 I Market Street
P. 0, Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
GARYT, OCHS, II,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
v,
CIVil ACTION - LAW
MillENNIUM CONSULTING GROUP, INC"
and MICHAEL A. HAYDON,
Defendants
COMPLAINT
AND NOW, this J.J!!. day of May 2000, comes the Plaintiff, GARY T. OCHS, /I, by and through his
undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support thereof
avers as follows:
1. Plaintiff, GARY T. OCHS, /I, is an adult individual currently residing at 708 Montebello Circle,
Chesapeake, Virginia 23322,
2, Defendant, MILLENNIUM CONSULTING GROUP, INC, (hereinafter individually referred to
as "Millennium"), is a Pennsylvania corporation with a registered office at 6285 Haydon Court,
Mechanicsburg, Cumberland County, Pennsylvania 17055,
3, Defendant, MICHAEL J. HA YDON (hereinafter individually referred to as "Haydon"), is the
registered Chief Executive Officer, Secretary; Treasurer, shareholder, and President of Millennium, and
maintains a residence at 6285 Haydon Court, Mechanicsburg, Cumberland County, Pennsylvania 17055,
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4" On or about September 4, 1999, Millennium hired Plaintiff as a full-time employee effective
September 7, 1999, with an annualized starting salary of $39,520,00, A copy of the Employment
Agreement evidencing Plaintiff's salary and additional benefits is attached hereto, made part hereof, and
marked as Exhibit "A."
5, Plaintiff commenced his employment with Millennium on September 7, 1999,
6, During Plaintiffs tenure as an employee of Millennium, Plaintiff was employed as a senior
network engineer and senior hardware technician.
7, Plaintiff unilaterally terminated his own employment effective close of business on Friday,
September 17,1999.
8, During Plaintiff's tenure as an employee of Millennium, Plaintiff submitted a weekly time sheet
detailing the number of hours he worked each day for that respective week, A true and correct copy of each
time sheet for the relevant weeks in controversy is attached hereto, made part hereof, and marked as
Exhibit "B."
9" Under the Wage Payment and Collection Law, 43 P,S, !l260,1, et seq, whenever an
employee quits or resigns his employment, the wages or compensation earned shall become due and
payable not later than the next regular payday of his employer on which such wages would otherwise be
due and payable, 43 P,S, !l260,5,
10. Millennium failed to pay all wages due to Plaintiff on the next regular pay day in violation of
the Wage Payment and Collection Law, 43 P,S, !l260.1, et seq.
11, Millennium and Haydon have failed to respond to Plaintiff's numerous requests to be paid the
wages or compensation to which Plaintiff is entitled under Pennsylvania law,
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12, Under the Business Corporation Law of 1988, 15 Pa,C.S,A. 1101, et seq, , directors and
shareholders of a corporation may be held personally liable for claims by third parties against the
corporation if the directors or shareholders elect to wind up or dissolve the corporation without making
proper provisions for those claims,
13, Haydon has wound up or is in the process of winding up the business of Millennium, and
therefore is jointly liable for any claim by third parties against Millennium,
14, As a result of Millennium's violation of the Wage Payment and Collection Law, Plaintiff is
entitled to recover the following damages:
a, wages earned during his two (2) weeks of employment in the amount of $1,580,00,
plus interest;
b, liquidated damages in the amount of $500,00; and
c, reimbursement of costs and attorney fees,
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of
Plaintiff in the amount of $2,080,00, plus interest, liquidated damages in the amount of $500,00, costs, and
attorney fees,
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Michael , assidy
Attorne ,D, No, 82164
301 Market Street
P,O, Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
:134331
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YERI€ICA TION.
I verify that the statements made in this Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are made subject to the penalties of
18 Pa. C,S,A S4904, relating to unswom falsification to authorities,
Date: 16 May ?OOO
1ic 7. /I;r
Gary ,Ochs, /I
4 September, 1999
EMPLOYMENT AGREEMENT
This employment agreement by and ~W? Millennium Consulting Group, Ine, (EIN# 25-1808659)
and Gary T. Oehs II (88# fllL-j,J... , ) extends an offer of full-time employment at 40 hours per
week starting at an annualized starting salalY of $39,520.00 beginning on September 7, 1999, This
salalY will be in effect for the probetion period ofthree months, AI that time, a performance evaluation will
be conducted, at which time, an increase to a final annualized salary as high as $45,760.00 may be
approved. In addition, this agreement provides for the following enumeretlve and non-monetary beneflls:
. Health Insurance Including Major Medical, Dental, Eye and Prescription Drug
(50% Employer/50% Employee Copay) (IMMEDIATE],
. Ufe Insurance Policy Equal to 1~ Times the starting salary, enumerated each year
(1000/0 Employer Provided) (IMMEDIATE],
. Optional Disability Insurance (Employer Short-termlEmployee Long-term Copay) (PERMANENT
STATUS),
. Employee Contributed Long Term Retirement Plan (Including Variable Annuity, SEP. etc.)
(PERMANENT STATUS].
. 15 Personal Days Per Year (no cany over) (IMMEDIATE).
. 10 Holidays per year (IMMEDIATE),
. Optional stock Purchase Plan eligible after six months of employment or first performance evaluation
whichever occurs flrst(PERMANENT STATUS}.
. Optional Education raimbursement for courses required by employee as part of a particular project
(PERMANENT STATUS).
Also. upon termination, the employee may elect to keep hislher HeaNh. Life and Disability Insurance, and
Retirement Investment, converted to the proper policieS. if necessat)'.
I also acknowledge that I have received, read, understand and agree to comply with aI/ of the policies and
procedures described In the company's Employee Handbook.
Upon employment termination, the employee wiN return aN proprietat)' and/or copyrighted materia/
belonging to Millennium Consulting Group or Its clients in my possession, Including, but not Bmiled to.
publications, documents, recorded material, and software; will erase or destroy any copies of said
materials so as to render them useless.
It Is a/so agreed that the employee will keep confidential any sensitive Infonnat/on that may damage In
any way the reputation and/or ability of Millennium Consulting GrouP. Inc. to do business with Its clients
that the employee becomes privileged to working with during the course of employment,
Dated: 0'1 / 01 / rI
Millen ium Consulting Group, Inc,:
Dated: ----1_,
Attest:
Dated: ----1----1.
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Millennium Consulting Group,
Inc.
4940 Ritter Road Suite 106
Mechanicsburg, PA 17055-6920
Voice: 717.506.2001
Fax: 717.506.2006
EMPLOYEE NAME Gary T, Ochs 1\
EMPLOYEEID
WEEK ENDING 12 September 1999 -17 September 1999
EMPLOYEE WEEKLY TIME SHEET
DAY OF DATE START FINISH TOTAL DESCRIPTION OF WORK
WEEK TIME TIME HOURS
SUNCAY 9/12 0
MONDAY 9/13 0800 1700 9 Office (8,5/.5 lunch)
TUESDAY 9/14 0800 1700 9 Office (8.5 hDUrs/,5 lunch)
WEDNESDAY 9/15 0800 1600 7 Office (6.5 hDUrsl,5 lunch)
THURSDAY 9/16 0730 1900 11,5 Office (6 hDUrs/,5 lunch), Capital Self-Storage (5 hours)
FRIDAY 9/17 0800 1130 3,5 Office (3,5 hours)
SATURDAY 9/11 0
TOTAL
HOURS 40
EMPLOYEE SIGNATURE ~ 7, dif
APPROVED BY
DATE /7Sep 9'1
DATE
>
Millennium Consulting Group,
Inc.
4HO RItter Road Suite 100
Mechanlcsburg, PA 17056-6920
VOIce: 717.608.2001
Fax: 717.606.2006
E."..OTR 1M'"' Gal)' T. 0Chs Il
EMPLOYEEID
WEEK ENDING 5 september 1999 -11 September 1999
EMPLOYEE WEEKLY TIME SHEET
DAl'OF DATIl START RN"" TOTAL DlillCRlPnON OF WORK
WIIIK ".. ".. "OUIlS
SUNDAY 9/5 0
M:lIIDAY 9/6 8 Holiday - Labor Day
TUESDAY 9fT 0800 1100 8.5 Office (8.5 hours)
WEcteiDAY 9/8 0130 1830 11 Office (6 hOUrs), South Middleton Township Municipal Building (5 hours)
lItJR8ElAY 9/9 0130 1930 12 Office (10 hours), Unda Bonner (2 hours)
FRIDAY 9/10 0145 1900 11.25 OffIC8 (2.25 hours), Capital Self-storage (4 sites - 8 hours), Unda Bonner (1 hou"
SATURDAY 9/11 0
TOTAL
HOUIta 50.15
__me 121/.6:
APPROVED BY
DATE 1Isf,P ?f
DATE
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coMMoNWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Cumberland County
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
()::) - ;) 50) (.,
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NOTICE OF APPEAL
Notice is given that the appellant has filed in the abave Caurt af Camman Pleas an appeal from the judgment rendered by the District Justice an the
date and in the case mentioned below.
NAME OF APPELlANT
Millennium Consulting Group, Inc.
ADDRESS OF APPELlANT
6285 Haydon Court
MAG. DIS! NO OR NAME Of OJ.
09-3-04 Thos. A. Placey
OTY
Mechanicsburg
STATE
ZlPCODE
PA
17055
4/13/00
IN THE cASE OF (Plaintiff)
Gary Ochs
y;
(Defendant)
Millennium Consulting Group, Inc.
ORNEY OR AGENT
DAre OF JUDGMENT
ClAIM NO
SIGNATURE
CV 1\1 0000054-00
LT 19
This black will be ~gned ONLY when this notatian is required under Po. R.c.P,J,P, Na.
1008B.
This Notice of Appeal, when re,eived by the District Justice, will operate as a
SUPERSEDEAS to the judgment far possession in this case.
Lawrence
Signature of Prothonotary or Deputy
If appellant was CLAIMANT (see Pa. R.GP.JP. ND,
toOl (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20 J days after
filing his NOTICE Df APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
IThis section of form to be used ONLY when appellant was DEFENDANT (see Pa. HCP.J.P. No,
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Gary Ochs
1001(7) in action before District Justice.
(Camman Pleas Na.
Q:) - :J5.;; IE>
~ . Name of appeJJee(s)
~
, appellee(s), to file a camplaint in this appeal
Enter rule upon
) within twenty (20) days alter service of rule or s
Lawrence S. . ~ Signal
entry of judgment of non pros.
appeHant or his attomey or agent
RULE: To
Gary Ochs
NarIIe of appe/~s)
, appellee(s),
(1) You are notified that a rule is hereby entered upon you to file a camplaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail,
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU,
...Ai~:r~:;'''-~-~mO''''-M6~tl ~~
AOPC 312.90
COURT FILE TO BE FILED WITH PROTHONOTARY
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NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
PROOF OF SERVICE
(This proof of service M(lST BE FII.ED WITHIN TEN (10) DAYS AFTER filing the notice of appeal" Check applicab!e boxes)
copy of ~he Notice of AppeaL Common Pleas 1\10. , upon the DIstrict Justice designat€:d therein on
(date of service) ,., 0 by personal service 0 by (certified) (registered) mail. sender's
receipt attached hereto. and upon the appellee. (name) . on
___ " Hl__ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto"
o and further lhall served the Rule 10 File a Complaint accompanying the above Notice of Appeal upon the appelle'"(s) to whom
tl10 Rule was addressed on ___,___. _ "19~_ by personal service by (certified) (registered)
mail, sender's receipt attached [lerew.
AND SUBSCRIBED BEFORE ME
COMMONWEALTH OF PENNSYlVANIA
COllN'N OF
: $;$
AFFIDAVIT:
[J
swe&r or effirm tllall served
SWORN
THIS _.__,__ DAY OF ______"_ , 19-__
Digni1tu,e of o!iici,,/ before whom affidtwi! WilE lTJi;H1&
Tlfle of offieia!
hly commission e:qJires on __
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IlECf'RZCSBUlilG. PA
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,;_,,,(711) 761'8230
17055
NOTICE OF JUfl.GMENT/TRANSCRIPT
PlAINTIFF: . CtV1...s:~!!s.
lOcHs, GARY -,
708 lIOIIr.rbSLLO CIRC
CliIBSAPDKB. VA 23322
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DeFENDANT:' "..........AOQlI....
'/iiTT.T.~tIM. COB'StIL'J!DIG G1i.ouP, l;lIfC."
6285 BA"IDOH C'.Ii'. . .
c/o 1II.......ln'. BAnKDr,CBO
~CSBURG, l'A'17055 .J
DoCkelNo.: CV-0000054-00., ,..,.
Dale Flled: 2/14/00 '.' . ..
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FROM MCG, CORP, HOOTRS 717S919Sla7
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COMMONwe.b.L TH OF PENNSYLVANIA
COUNTY OF::I CO-1qT.aNO
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"6385 CT.
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IIBClDBXCIlBUKG. PA 17055
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THIS IS TO NOTIFY YOU THAT:
Judgmept: "'POll 'PT.a~17l!'
[i] Jwgmert was entered for: (Name)~" J ...",....
[i] JUdgm.J,t was entered ag~: (Name) MTT.T.K__ ..;01 t'Y1IoTfttlT....-nm lWIV"rl> 'I'1IT<'"
inthea~UnIOf$ ,4 o;Aj; nn on: (Date a/Judgment) 4/11/0n
o oelend4nlS are joinuy and severally fiable. (Date & TIme) .
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o oamagts will be assil$$4ld en:
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o This ca1e di$missecl withDUt prejudice.
j
O Amcuntjof Judgment Subject to
Altachnjenll Act 5 of t 996 $
o Levy is ~tayed for " days or 0 generally stayed.
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D. Objecti~n to levy has been filed and hearing will be held:
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Amount of Judgment $ 4.500.00.
Judgment Costs $ .86.00
Intere&t on Judgment $ .00
Attorney Fees $ .00
TOlaI $4.586.00
Post Judgment Credits $
Post Judgment Costs $
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CertIfied JudgmentT_ $
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Date: , Place:
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Time: I
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,.NY PARTY HA~ THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF jUD9-NENl',~YFIUNG A NOTICE
Of APPEAL wrtrr THE PflO1'HONOTA~F COMMON P"~91VlL D1vtj1io", YOU .
MUSTiNCLUD~ACqp.enH NO. EOFJUOGM . llIPTFORMt7~"~URNOllC~~I?~
:i-l.1I;Oq,20ate . . .~. .....;' . ;Oistrict~ce
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I certify that ~is is a true and correct co of the proce '. ingS OOhtain~ the jUd91'11eritl .
~ Date . \:1lstrlct Justice
My oommiss;,n expires fir.;t Monday of Jan
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SEAL
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
"Cumberland County
JUDICIAL DISTRICT
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, ',/ NOTICE OF APPEAL
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FROM
DISTRICT JUSTICE JUDGMENT
-.. -~~- ..~~()...~..'i~~~~"'o.~_W - ;)5,;;)(-2
NOTICE OF APPEAL
4,J
Notice is given that the -appellant has filed in the above -Court of _Common Pleas an appeal from the judgment rendeJed by the District Justice on the
~ '" .._c::iare and in the case mentioned below;
OF APPELLANT
MillimniUlll Consulting Group, Inc.
ADDRESS OF APPELLANT
6285 Haydon Court
MAG. .N R
09-3-04
J"
Thos. A. Placey
ZIP CODE
-or,- -STATE
Mechanicsburg PA
17055
4/13/00
Gary Ochs
""
SIGNATURE OF APpa
(Defendant)
Millennium Consulting Group, Inc.
TORNEY 0 AGE T
DATE OF J NT
IN THE
F(Pfainl.i)
NO
CV 12 0000054-00
LT 19
This block will be signed ONt Y when this notation is required under Po. R.c.P J,P. No.
1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Lawrence S. Markow
z,- Esquire
Signature of Prothonotary or Deputy
If appellant was CLAIMANT (see Pa, R.GP,JP, No: '
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
-::'~-
(This section of fonn to be used ONLY when appellant was DEFENDANT (see Pa" R.C.P.J.P. No. 1001 (7) in action before Distliet Justice.
IF NOT USED, detach from copy of notice o/appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Gary Oehs
(Common Pleas No.
Cb-d"";;)/'"
. ,oppellee(s), to fite a complaint in this appeal:
Name of appellee(S} . . .
~ ) within twenty (20ici;;Y~~fte: ser~ic~ttJ ~y of judgm:~l of non pro~
Lawrence S. L'.La.l.. J.\,.VW.I.. L..,f;o Si9naryf appellant or his attdiney or agent
. Enter rule upon
RULE: To
Gary Ochs
'Name of appefffJe(s)'
, appellee(s),
(l}You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of"ffiis rule upon_ you by personal service or by certified or registered mail.
(2) K you do not filej:kwmplaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU,
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(3) The date 9f service of thi~ 1'ule if set'vice was by mail is the date of mailing.~ J 4
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AOPC 312-90 -
,COURT FILE
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AND RULE
CDMPLAI~IT
(This
01 serviCf' MUST BE FILED WITHIN TEN (10) DA YS AFTE/1
the nolice 01 appeal" Cheok applicable ,boxes)
ol)l.lMONWEAlnl ()~ PENpj,SYlVANIA
oOUNT'( OF__..",~.t!:-,~._._.._~___._".._~..
i SW8ar or afti rm thHt i SerVB{;
~:opy of thD Notice 0: Appeal, COmmOf'1 FleEls No. <2 (!) "R5...~- Cl~ upon the District ,Justice therein on
A ' of " 0-~~:-~-Q--~,._,- , 1$f?, ':'80nal servi e [] (cer/Wed) (registered) mail, sende(s
'"celpt altdched hvretc, ""d uFor, Ihe (numel ....." .., on
'".~Z.<;.._~.." .~, by pe,sonal service!:'il by (cer ifled) (registered) mail, sender's receipt attached hereto"
~ild further til<:1t i served the Ruhs to FHe a Gornplaintaccompanylng the above Notice of Appeal upon theappe!lee(s) towhom
1M Rule was addressed Gn ~~~..~.....t::~!I~______,_.____ ."Hl-~ personal service ~bY (registered)
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-02526 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OCHS GARY
VS
MILLENNIUM CONSULTING GROUP IN
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MILLENNIUM CONSULTING GROUP INC
the
DEFENDANT
, at 0020:30 HOURS, on the 26th day of May
, 2000
at 6285 HAYDON COURT
by handing to
MECHANICSBURG, PA 17055
MICHAEL HAYDON
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18,00
6,82
,00
10,00
,00
34.82
So Answers:
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R, Thomas Kline
05/30/2000
JOHNSON, DUFFIE, STEWART
Sworn and Subscribed to before
By:
CJn,,;'Y\ J ~
Deputy Sheriff
me this 1 ~ day of
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02526 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OCHS GARY
VS
MILLENNIUM CONSULTING GROUP IN
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HAYDON MICHAEL A
the
DEFENDANT
, at 0020:30 HOURS, on the 26th day of May
, 2000
at 6285 HAYDON COURT
MECHANICSBURG,
by handing to
MICHAEL HAYDON
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6,00
.00
.00
10,00
,00
16.00
So Answers:. // ~
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R. Thomas Kline
05/30/2000
JOHNSON, DUFFIE, STEWART
Sworn and Subscribed to before
me this 1 tt:: day of
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By:
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Deputy Sheriff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
GARY T, OCHS, II
V,
MILLENNIUM CONSULTING GROUP, INC,
and MICHAEL A. HAYDON
: No, 00-2526 Civil
Civil Action - Law
NOTICE TO PLEAD
To: Gary T, Ochs II
You are hereby notified to file a written response to the enclosed Counterclaim
within twenty (20) days from service hereof or a judgment may be entered against you,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
GARY T, OCHS, II
V.
MILLENNIUM CONSULTING GROUP, INC.
and MICHAEL A. HAYDON
: No, 00-2526 Civil
Civil Action - Law
ANSWER TO COMPLAINT AND COUNTERCLAIM
And now, comes the Defendants, by their counsel, Markowitz & Krevsky, P.C., and
files the following Answer and Counterclaim:
ANSWER
1. Admitted,
2, Admitted,
3, Admitted,
4, Admitted and denied, Defendants admit the first sentence of paragraph 4 of
Plaintiff's Complaint. The second sentence is denied as the attached agreement is not a
copy that was signed by Defendant Millennium,
5, Admitted.
6, Denied, To the contrary, Plaintiff worked as a network engineer and hardware
technician but was not given any specific title,
7, Admitted,
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8, Admitted and denied, It is admitted that Plaintiff submitted time sheets; however,
the time sheets provided are inaccurate because Plaintiff improperly charged for his lunch, a
holiday, and hours in excess of 40 hours per week. Plaintiff could only legitimately charge
for 80 hours for a total of$I,520 less applicable taxes, Moreover, Plaintiff is not entitled to
this money for the reasons stated in Defendant Millennium's Counterclaim,
9, Denied, This paragraph states a legal conclusion to which no response is required,
10, Denied, To the contrary, Defendant Millennium legitimately withheld payment
of Plaintiff's wages.
11, Denied, To the contrary, Defendants owe no money to Plaintiff,
12. Denied, This paragraph states a legal conclusion to which no response is
required.
]3, Denied, To the contrary, Defendant Millennium is an ongoing business entity
and is not in the process of winding down the business,
14. Denied, This paragraph states a legal conclusion to which no response is
required,
WHEREFORE, Defendants pray that Plaintiff's Complaint be dismissed and
judgment entered in their favor.
COUNTERCLAIM - MILLENNIUM V, PLAINTIFF
15, Defendants repeat and replead their answers to paragraphs 1 through 14 as
though set forth fully hereat.
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software, not belonging to Defendant, on defendant's computers.
17, These actions caused severe damage to Defendant's computers so that their
18. As a result of this improper action by Plaintiff, Defendant was unable to perform
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machines could no longer access software development tools required to complete a project
order contract with a client.
contracted work for said client.
19, Due to Plaintiff's improper and illegal activities, Defendant has lost profits in the
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amount of $5,000,
WHEREFORE, Defendant Millennium prays that judgment be entered in its favor in
the amount of $5,000 together with interest thereon,
Respectfully submitted,
MARKOwr/ ~
By: VV
Lawrence S, Markowitz,
Attorney for Plaintiff
208 E, Market St., p,O, Box 392
York PA 17405-0392
(717) 843-2876
Supreme Ct. LD, #41072
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VERIFICATION
I, Michael 1. Haydon, President of Defendant in the foregoing action do hereby
affirm that the statements made in this Answer and Counterclaim are true and correct to the
best of my knowledge, information and belief, I understand that this Verification is made
subject to the penalties of 18 Pa. S.C.A., Section 4904, relating to unsworn falsification to
authorities.
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Dated:
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,2000
CERTIFICATE OF SERVICE
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AND NOW, TO WIT, this 7th of June, 2000, I, Lawrence S, Markowitz, Esquire,
hereby certify that I have this date served a copy of the foregoing Answer and Counterclaim
by depositing a copy of same in the United States Mail, postage prepaid at York,
Pennsylvania, addressed to counsel of record as follows:
Michael 1. Cassidy, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market St., P,O, Box 109
Lemoyne PA 17043-0109
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Respectfully submitted,
~f717KREVSKYPC
Lawrenc~2tz, Esquire
Attorney for Plaintiff
208 East Market St., P,O,Box 392
York Pa 17405-0392
(717) 843-2876
Supreme Ct, LD, #41072
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Johnson, Duffie, Stewart & Weidner
By: Michael J, Cassidy
LD, No, 82164
301 Market Street
p, 0, Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
GARY 1. OCHS, II,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO" 00-2526 Civil
v,
CIVil ACTION - lAW
MillENNIUM CONSULTING GROUP, INC"
and MICHAEL A. HAYDON,
Defendants
PLAINTIFF'S ANSWER TO
DEFENDANTS' COUNTERCLAIM
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AND NOIN, this _ day of June 2000, comes the Plaintiff, GARY T, OCHS, II, by and through his
undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Answer to Defendants'
Counterclaim, and avers as follows:
15, Admitted in part. Denied in part. It is admitted that Defendants repeat and replead their
answers to paragraphs 1 through 14 as thought set forth fully therein. Defendants' averment is denied to
the extent that Plaintiff does not adopt as true Defendants' denials,
16, Denied. It is denied that Plaintiff illegally, improperly, and without permission placed
Office 2000 software, not belonging to Defendants, on Defendant's computers, Plaintiff utilized Office 2000
software already existing on Defendants' network server" As the Office 2000 software was already existing
on Defendants' server, it is presumed Defendant was properly licensed to utilize the software, Plaintiff
utilized the Office 2000 software to create a Web page at the direction of Defendant Michael Haydon on
behalf of Defendant Millennium Consulting Group, Inc,
17-19. Denied, After reasonable investigation, Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the matter asserted and, therefore, said averment is denied,
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WHEREFORE, Plaintiff, GARY T. OCHS, II, prays that Defendant, MILLENNIUM CONSULTING
GROUP, INC. 's Counterclaim be dismissed and judgment entered in his favor.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Michae J,
Attorne , No, 82164
301 Market Street
P.O, Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
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VERIFICA nON
I, GARY T. OCHS, II, verify that the statements made in the foregoing ANSWER TO COUNTERCLAIM
are true and correct to the best of my knowledge, information and belief, I understand that false statements
made herein are subject to the penalties of 18 Pa,C,S, ~4904 relating to unsworn falsification to authorities,
Dated: J dXr( }O(J()
By:
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Ga T. Ochs, II
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CERTIFICA TE OF SERVICE
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AND NOW, this ~ day of June 2000, the undersigned does hereby certify that he did this date
serve a copy of the foregoing ANSWER TO DEFENDANTS' COUNTERCLAIM 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:
Lawrence S, Markowitz, Esquire
MARKOWITZ & KREVSKY, P,C,
208 East Market Street
P.O. Box 392
York, PA 17405-0392
JOHNSON, DUFFIE, STEWART & WEIDNER
By c: ~. ~
Michae J, assidy
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