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Home My WebLink About02-5733BRETT P. WITMER, Plaintiff, VS. WORLD WIDE BEEF & BUNS, 1NC., d/b/a Triple J's Pit Stop, and GERALD O. ROUSH, JR., Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 Telephone: (717) 249-3166 or (800) 990-9108 BRETT P. WITMER, Plaintiff, VS. WORLD WIDE BEEF & BUNS, INC., d/b/a Triple J's Pit Stop, and GERALD O. ROUSH, JR., Defendants. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff, Brett P. Witmer, by and through his attorneys, Tomasko & Koranda, P.C., and files the following Complaint against Defendants, World Wide Beef & Buns, Inc., d/b/a Triple J's Pit Stop, and Gerald O. Roush, Jr., averring: 1. Plaintiff, Brett P. Witmer, is a minor individual residing at RR 4, Box 4449, Duncannon, Perry County, Pennsylvania, 17020. 2. Defendant, World Wide Beef & Buns, Inc., clPo/a Triple J's Pit Stop (hereinafter, "Triple J's") is a corporation authorized and existing under the laws of the Commonwealth of pennsylvania, with a principal place of business at 3701 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant, Gerald O. Roush, Jr. (hereinafter, "Roush"), is an adult individual residing at 5 Valley Street, Lewistown, Mifflin County, Pennsylvania, 17044. At all times ~elevant hereto, Roush was the principal officer, director and shareholder of Triple J's, and actively participated in corporate decisions regarding Plaintiff's pay or compensation, including, but not limited to, the decisions of whether or not to pay Plaintiff wages which he had earned. 4. The amount claimed in the instant action does not exceed the jurisdictional amount requiring arbitration referral by Local Rule of Court. Count I, Violation of Pennsylvania Wage Payment and Collection Law 5. Plaintiffwas employed by Triple J's as a Cashier from on or about May 4, 2002, to October 4, 2002, and was to be paid at the rate of $6.00 per hour. 6. During the pay period between September 16, 2002 and September 29, 2002, Plaintiff worked a total of 16.42 hours for Triple J's, and was, accordingly, owed wages of $100.20 which was due and payable on or before October 3, 2002. 7. During the pay period between September 30, 2002 and October 13, 2002, Plaintiff worked a total of 4.00 hours for Triple J's, and was, accordingly, owed wages of $24.00 which was due and payable on or before October 17, 2002. 8. Despite the fact that Plaintiff has met all conditions prerequisite to the receipt of the above wages, Triple J's has refused and continues to refuse to pay same to Plaintiff. 9. At all times relevant hereto, the Plaintiff was an "employee" as that term is used in the Pennsylvania Wage Payment and Collection Law, 43 P.S. § 260.1 (hereinafter, the"WPCL"), et seq. 10. At all times relevant hereto, Triple J's and Roush was an "employer" as defined by the WPCL, 43 P.S. § 260.2a. 11. The above wages due to the Plaintiff constituted "wages" under the WPCL, 43 Pa. -2- C.S. § 260.2a, et sea., and the failure of Triple J's and/or Roush to pay same constitutes a violation of the WPCL, 43 P.S. 260.3(a). 12. In accordance with 43 Pa. C.S. § 260.10, in addition to the past wages due, Plaintiff is entitled to liquidated damages against Triple J's and/or Roush in an amount equal to $500.00. 13. In accordance with 43 Pa. C.S. § 260.9a(f), Plaintiff is entitled to reasonable attorneys fees and costs associated with this action. WHEREFORE, Plaintiff, Brett P. Witmer, respectfully requests that this Honorable Court enter judgement in his favor and against Defendants, World Wide Beef& Buns, Inc., d/b/a Triple J's Pit Stop, and Gerald O. Roush, Jr., in the amount of $124.20 for unpaid wages, together with liquidated damages of $500.00 pursuant to 43 Pa. C.S. § 260.10, and reasonable attorneys fees and costs pursuant to 43 Pa. C.S. § 260.9a(f). Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PA ID #58808 -3- VERIFICATION. I verify that the statements made in the attached COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. BRETT P. WITMER SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-05733 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WITMER BRETT P VS WORLD WIDE BEEF & BUNS INC ET R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT WORLD WIDE BEEF & BUNS INC D/B/A TRIPLE J'S PIT STOP but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT D/B/A TRIPLE J'S PIT STOP , NOT FOUND , as to , WORLD WIDE BEEF & BUNS INC NO SUCH BUSINESS LOCATED IN CUMBERLAND COUNTY. Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 Sheriff of Cumberland County TOMASKO & KORANDA 12/19/2002 Sworn and subscribed to before me this ~q day PrgtHono~ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05733 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WITMER BRETT P VS WORLD WIDE BEEF & BUNS INC ET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ROUSH GERALD O but was unable to locate Him deputized the sheriff of MIFFLIN serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On December 19th , 2002 , this office was in receipt of the attached return from MIFFLIN Sheriff,s Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Mifflin County 31.00 .00 56.00 12/19/2002 TOMASKO & KORANDA Sheriff of Cumberland County Sworn and subscribed to before me this 3.~ day of~ ~eo3 A.D. Prothonotary ~ ' Robert D. Bowersox, Sheriff Baron K. Lewis, Chief Deputy Robert C. Solt, Deputy Laurie J. Durst, Deputy Joseph A. Bradley, Deputy Plaintiff: Defendant: Serve At David W. Molek, Solicitor (717) 248-9656 SHERIFF'S OFFICE MIFFLIN COUNTY 8 North Main Street Lewstown, Pa 17044 (717) 242-1105 ** (717) 242-1808 Fax: (717) 248-2907 Brett P. Witmer ~ 2002~5733 Civil C_L..c__o~u n ty: Cumberland County World Wide Beef & Buns, Inc., d/b/a Triple J's Pit Stop, et. al. I T~C°mplaint: ~ Writ o..oush. Jr.__________[ No.c Compla,nt Comp.aint Address: 5 Valley St. ------------- Lewistown, Pa. 17044 Name: Address: Indicate Unusual Service: [~ De__.putization ~ Other Comm. of Pa. Now 20 I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of ' ' ' County to execute this Writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Co. Special Instructions or other information that will assist in expediting service: Attorney or other Organization requesting service: ~nty Sheriff's Office ~e NO: ~ : ~ ~ I 12/5/02 ~~ h'~'~ve ~ersonall _ ~ 1/4/02 Remarks" L~ have .... .f~ ...... ,,- P . y served. ~ have legal ev dence of service as shown in , ~ ~,,~,.-.vu az snown In RemarKs", the Writ or Complaint described on the individual, company, corporation, etc. at the address shown above or on the individual, company, corporation, etc., at the address inserted below, handing a TRUE and ATTESTED cop.___y thereof. '-/I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: Served Gerald O. Roush Jr ~of suitable age and discretion ' ' J then residing at the defendent's usua ~ place of abode. e only if different than shown above) ~ 11:25 AM Sworn to and subscribed before me this Z_,~_~__ _ So Answers: 'Deputy Sh.er~i~ Baron ~..Lewis/~ 12/11/02 Sher~'~ . P,.91LCCt D. ~ow~-rso, 12/11/02 In 'The Court of Common Pleas of Cumberland County, Pennsylvania Brett p. Witmer VS. World Wide Beef & Buns, Inc., d/b/a Triple J's Pit Stop, et. al. No. 2002-5733 Civil Serve Defendant: Gerald O. Roush, Jr Now,_ 12/4/02 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Mifflin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, within Affidavit of Service ,20 , at o'clock ~ M. served the upon at by handing to and made known to Sworn and subscribed before me this _. day of copy of the original the contents thereof. Sheriff of ~,~////County, PA COSTS SERYqCE $ MILEAGE AFFIDAVIT BRETT P. WITMER, VS. Plaintiff, WORLD WIDE BEEF & BUNS, INC., d/b/a Triple J's Pit Stop, and GERALD O. ROUSH, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5733 (CIVIL TERM) CIVIL ACTION - LAW Defendants. : JURY TRIAL DEMANDED PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter default judgement in favor of Plaintiff, Brett P. Witmer, and against all Defendants (World Wide Beef& Buns, Inc., d/b/a Triple J's Pit Stop, and Gerald O. Roush, Jr.) by default for Defendants' failure to file an answer to Plaintiff's complaint in the above matter. Assess damages as set forth below: 1. Principal amount due on face of Complaint: $624.20 2. Attorney's Fees Pursuant to 43 Pa. C.S. § 260.9a(f): $750.00 3. Total: $1,374.20 I hereby certify that written notice of the intention to take a default judgment was mailed to the party against whom judgrnent is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice of intention to entered judgment by default is attached hereto as Exhibit "A." Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PA ID #58808 ASSESSMENT OF DAMAGES this o~day AND NOW, ofd 0~ g,t. gg~tr~ , 2003, Judgement is entered in favor of the Plaintiff and against Defendants by default for want of filing an Answer to Plaintiff's Complaint, and damages assessed at the sum of~, as per above statement. PROTHONOTARY BRETT P. WITMER, VS. Plaintiff, WORLD WIDE BEEF & BUNS, INC., d/b/a Triple J's Pit Stop, and GERALD O. ROUSH, JR., Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5733 (CIVIL TERM) CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Defendants, World Wide Beef & Buns, Inc. and Gerald O. Roush, Jr. DATE OF NOTICE: January 2, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Han'isburg, PA 17101 Telephone: (717) 238-1100 By: w' MICHAEL A. KORANDA PA ID #58808 EXHIBIT A U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From; PS Form 3817, January 2001 FEDERAL SQUARE STATION HARRISBURG, Pennsylvania 171089998 01/02/2003 (717)23B-2202 03:07:20 PH Sales Receipt Product Sale Unit Final Description Qty Price Price LEWISTOWN PA 17044 First-Class Single Certificate Total: Paid by: Cash Change Due: Issue PVI: 1 $0.90 $0.37 $O.37 $o.9o $1.27 $2.00 -$0.73 Bill#: Clerk: 1000400749700 06 Refunds only per DMM P014 Thank yot~ for your business -- Customer Copy BRETT P. WITMER, VS. Plaintiff, WORLD WIDE BEEF & BUNS, INC., d/b/a Triple J's Pit Stop, and GERALD O. ROUSH, JR., Defendants. : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5733 (CIVIL TERM) : CIVIL ACTION - LAW · JURY TRIAL DEMANDED NOTICE NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU IN THE AMOUNT OF $1,374.20. PROTHONOTARY If you have any questions concerning the above, please contact: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100