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HomeMy WebLinkAbout99-03026i Vfl f?{I ?NIy ty?+, ,nt !:JY L'I 1}f i:ytn a` ?j COMMONWEALTH OF PENNSYI. vnrarn COURT Or' COMMON PLEAS JUDICIAL DISTRICT Cumberland County Entd in Prothyls Office 5-29-99jhs NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PL EAS No, C1Vil Term -.9 9 NOTICE OF APPEAL Notice is (liven than the appellant has filed in the above Court of Common Pleas an appeal fiom the ludg,nent rendered by the District Justice oil the date and in the case mentioned below. ..........r.a?r.rvzR? 09-3-04 rz. rr zv coo. 1 •e urvi • e?,un'rvc v7o jLQ-- CV-92-99 ! CV 19 LT 19A. Koranda, Esq. This block will be signed ONLY when this notation is legal. err under Pa. T R.C.P.J.P. No. 10086. I if appellant was Claimant (see Pa. R.C.P,J.P. This Notice of Appeal, when received by the Disnict Justice, will upeiate as No. 1001(6) in action before District Justice;'lie a SLIPERSEDEAS to the judgment for possession in this c sv. MUST FILE A COMPLAINT within. twenty J20J: clays after filing his NOTICE of APPEAL, $191111111` of P1o111n11oiary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to he used ONLY when appellant was DEFENDANT (see Pa. R,C.P.J.P. No. 1001(7) fn action before District.lustice. IF NOT USED,, de tack from copy of notice of appeal to be. served upon appollee). PRAECIPE: To Prothonotary Enter rule upon Name Of appep`e(s) (Common Pleas No. RULE: To Name or appeneersl appellee(s), to file a complaint in this appeal 1 within twenty 1201 days after service f rule r suite en' y o udgment of non pros. Si,91161tmr. of appelant or his attorney ur agenr appellee(s) (1) 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 this rule upon you by personal service or by certified or registered mall. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of :his rule if service was by mail is the date of mailing. Date: 19 Sgnature of Prothonotary or Deputy White-.-- Prothonotary Copy Green --- Court File Copy Yellow-- Appellants Copy Pink ------ Appellee Copy Gold -- - D. J. Copy i i cJ m u V uo saJldxa uoissiwwoa AyV IPU i t. CT -? C) Ol U RPPM snM s!ACp!l/e uJOgM a io/aq!e!ay/o/o,unleu6sg Juayle to ainlnuk s -6t ? dO AVO SIH1 3W 3HOd38 038wS8f1S ONV (03WHI:fJV) NHOMS (paJa1sl60J) (pal a)A 'ol0Ja4 p043ulle ldlaaaJ s,Japuas' pew 1lU) 4 aalAJas IeupsJncl Ay '-6 1 ' ----uo passaJppa sum alna. a41 spew of (s)aalladde ayl Mill leaddy 10 131IoN 0AOge a41 6ulA(lcdwoaap. JuleldwoZ) e al! j of alny 041 IMAJes I lcyl JaglJn1 pue •018J94 pa4aelle ldlaaaJ s,Japuas'Ilew (I)Walsl63i) (pagpJaa) Aq 0 sawn, s IeuusJad Aq -61 uo ? --- ( UMN 'aapaclde 141 uodn puu 'Olamil payaelle ldlaaaJ s,Japuas'Ilcw (paialsl6aJ) (pal;Ilia)) Aq ? .131AMs leuus.iad A4 up ulalay1 p01eu6lsap l3USnr I'MIsj0 1c l uodn'- GI (agJlO oo e 1 'oN scald uowwoO 'IuaddV lp a)polV 041 jo0 Ads e Pa.1J1S I lull) uulUe Jo Jcaws Agaaa4 I :.LIAVOIddV i0 A1Nno0 VINVAIASNN3d 40 141lV3MN0WWU9 (sexoq a/gsagdds )jaae0 leodde !o eopou sel 6wl!l y31dV SAVO (01)JV31 NIH1lM 0371d3H 1S11W G0!AJeSIOload s41) 1NIV"IdW00 311A Oi 3inu (INV lV3ddV d0 30110N d0 301nli3S d0 dOObd LOMMONWEALTH OF PENNSYLVANIA rnl ]MTV nF, CUMBERLAND Mop, Dim. No.l 09-3-04 DJNamo: Hon. THOMAS A. PLACEY Addlosa' 104 S. SPORTING HILL RD. MECHANICSBURG, PA Tolophono: (717) 761-8230 17055 ¢ rNOTICE OF JUDGMENT/TRANSCRIPT RAYMOND A. JOCK, JR. 1072 LANCASTER BLVD UNIT 10 r, MECHANICSBURG, PA 17055 PLAINTIFF: CIVIL CASE NAME and ADDRESS rJOCK, JR., RAYMOND A 1072 LANCASTER BLVD UNIT 10 LMECHANICSBURG, PA 17055 J VS. DEFENDANT: NAME and ADDRESS liMOLD LOGISTICS 4410 INDUSTRIAL RD. CAMP HILL, PA 17011 L J DocketNo.: CV-0000092-99 Date Filed: 3/05/99 r THIS IS TO NOTIFY YOU THAT: Judgment: - FOR DEFENDANT _ ® Judgment was entered for: (Name) ARNnTm T.OarGTTra ® Judgment was entered against: (Name), QTRg RAYMOND A in the amount of $ -on on: F Defendants are jointly and severally liable. ? Damages will be assessed on: F This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $- F-] Levy is stayed for days or ? generally stayed. llL.t...dl.... a.. In.,., L.nn k- 4i1.a.4 ? ,l honrinn quill ho helrl- LJ v4c uvi a -.y . ua w w y ..... _. Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY O?T4?T) .E OF JUDGMENT, NSCRIPT FORM WITH YOUR NOTICE OF APPEAL. Date ??- District Justice I certify that this is a true and correct Cor eedings containing the judgment. Date _ District Justice (Date of Judgment) 4/2n199 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total My commission expires first Monday of Jbuary, 2004 SEAL AOPC 31599 RAYMOND A. JOCK, JR., Plaintiff V. ARNOLD LOGISTICS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3026 CIVIL TERM NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case will sit for the purpose of their appointment in the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, October 26, 1999 at 1:30 p.m. If any attorney has an objection or conflict with this date, that attorney shall assume responsibility to reschedule this hearing at a time suitable to all attorneys. William A. Addams, Esquire Michael Cassidy, Esquire Susan Confair, Esquire By : af A. Addams, aih irmaBoard of Arbitrators DATE: September 1, 1999 TO: Brian A. McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Donald M. Lewis, III, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 i Court Administrator RAYMOND A. JOCK, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. ARNOLD LOGISTICS, Defendant. CIVIL ACTION - LAW 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 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. 3ar CUMBERLAND COUNTY c?h?Y e Carlisle, PA 17013 Telephone: (717) x- ° ? /- ? o&-6;170-ef r v ? RAYMOND A, JOCK, JR., Plaintiff, vs. ARNOLD LOGISTICS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 30.24 &c d 'r7i4 CIVIL ACTION - LAW COMPLAINT NOW COMES the Plaintiff, Raymond A. Jock, Jr., by and through his attorneys, Tomasko & Koranda, P.C., and files the following Complaint against the Defendant, Arnold Logistics, averring: 1. The Plaintiff, Raymond A. Jock, Jr., is an adult individual residing at 1072 Lancaster Blvd., Unit 10, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Arnold Logistics, is a corporation authorized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 4410 Industrial Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The amount in claimed in the instant action does not exceed the jurisdictional amount requiring arbitration referral by Local Rule of Court. CountI Violation of Pennsylvania Wage Payment and Collection Law 4. The Plaintiff was employed by the Defendant as an hourly associate on a full- time basis from April 26, 1988 to March 22, 1999. 5. As such, the Plaintiff was eligible to participate in the Defendant's "incentive bonus" program, a true and correct copy of which is attached hereto as Exhibit "A" and is incorporated herein. 6. On or about December 13, 1998, the Plaintiff received a document from the Defendant, a true and correct copy of which is attached hereto as Exhibit "B" and is incorporated herein, reflecting that he earned an "incentive bonus" of $437.20 for the period between December 1, 1997 and November 30, 1998. 7. The above "incentive bonus" was due and payable by the Defendant on or about December 13, 1998. 8. Despite the fact that the Plaintiff met all conditions prerequisite to the receipt of the "incentive bonus" and otherwise earned the "incentive bonus," the Defendant had refused and continues to refuse to pay same to the 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, et seg. 10. At all times relevant hereto, the Defendant was an "employer" as defined by the Pennsylvania Wage Payment and Collection Law, 43 P.S. § 260.2a. 11. The above "incentive bonus" due to the Plaintiff constituted "wages" under the Pennsylvania Wage Payment and Collection Law, 43 Pa. C.S. § 260.2a, et seq., and the Defendant's failure to pay the wages constitutes a violation of the Pennsylvania Wage Payment and Collection Law, 43 P.S. 260.3(a). 12. In accordance with 43 Pa. C.S. § 260. 10, in addition to the past wages due, the Plaintiff is entitled to liquidated damages against the Defendant in an amount equal to $500.00. -1- 13, In accordance with 43 Pa. C.S. § 260.9a(f), the Plaintiff is entitled to reasonable attorneys fees and costs associated with this action. WHEREFORE, the Plaintiff, Raymond A. Jock, Jr., respectfully requests that this Honorable Court enter judgement in his favor and against the Defendant, Arnold Logistics, in the amount of $437.20 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 By: MICHAEL A. KORANDA Pa. I.D. #58808 -3- COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) I verify that the statements made in the attached COMPLAINT are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: S / 2 A /' / \ cC)' ( RAY OND D A. JOCK, J . BONUSES All bonuses offered by Arnold Logistics are discretionary and based on economic i conditions and the financial health of the company. SAFETY AND ATTENDANCE BONUS All hourly associates are eligible for a once a year incentive bonus. The maximum amount you are eligible for would be equivalent to one week straight time pay. The bonus period is from December 1 to November 30, each year. Associates must be employed 90 days to be eligible for this bonus. New hires starting within the bonus period will be eligible for an amount prorated based on their start date. Associates. who have accrued disability over two weeks will be eligible for an amount prorated based on the disability time accrued. Only those associates on the payroll at the time of payment are eligible for the bonus. There are six factors which determine the individual payout amount for each qualified associate. 1. Work related injuries - Any injury which is a result of a preventable accident(definition on p.19) and results in the payment of medical expenses and/or workers' compensation will be deducted dollar for dollar. 2. Freight claims - Any claim paid by Arnold Logistics which is a direct result of employee negligence or mis-handling will be deducted dollar for dollar. Building or equipment damage - Any expense paid by Arnold Logistics for repairs or replacement which is a direct result of employee negligence or misuse will be deducted dollar for dollar. 'Receipts for any of the above items will be furnished to you upon request. 4. Attendance - Each unexcused day absent from work exceeding five(5) days per year will be deducted at the rate of eight(8) hours times your hourly rate of pay. Days lost from "chargeable" work injuries will be counted as "unexcused" days. Tardiness - Each tardy over five(5) minutes exceeding three(3) tardies per year will be deducted at the rate of one(1) hour times your hourly rate of pay. EXHIBIT 24 b. Carnal days . Three (3) unexcused partial days will be allowed per year. Each unexcused partial day in excess of three(3) per year will be deducted at the rate of four(4) hours times your hourly rate of pay. The ONLY EXCEPTIONS to this shall be if an associate provides a written excuse from a physician, or written excuse for official absences such as jury duty or subpoenaed court hearings. 25 o ? ^N ? rv • G M N h N z 0 H ? W?l O P fwc O z eJ p .. D m U W N J J U~~ 30? 0 0 0 0 u? O ° 70 N o W ON w LL LL? O O a 0 J Q Y x ann ;rp.rv W 0-- ?Dn YP N r! EN ;;-M f R C z W N N 0 Q w U o W at N w No m O U f. » QU z zz X00 Q of W wW Lmm wo W 0Oo T 0 I N O UO J $ 06? ?WQ IgE lg ~ ?U C I.AIV UPI9C s TO NIASKO & KORANUAy P.C. c.nm.n n?n.?.?.?,•u?u..???.,u .,?I,y ?,n.,,?m, 219 S m is Snmu r HARRISBURG, PENNSYLVANIA 17101 Tlml.crllon: (717) 238-1100 FAX: (717) 238-6190 ? Cl'; lfl J ? i; U o 0 U a F Y o N r M O N W w z w via wr 5 O a ? ? Y N a < Q N ? Ir. f °? F= O a RAYMOND A. JOCK, JR., Plaintiff, VS. ARNOLD LOGISTICS, Defendant. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3026 Civil Action at Law NOTICE TO PLRAD TO THE WITHIN NAMED PLAINTIFF: You are hereby notified to file a written response to the enclosed answer with new matter of defendant Arnold Logistics, a division of Arnold Transportation Services, Inc., within twenty (20) days from service hereof or a judgment may be entered against you. KEEFER WOOD ALLEN & RAHAL, LLP B` y - Donald III 0111 RAYMOND A. JOCK, JR., :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS. No. 99-3026 ARNOLD LOGISTICS, Civil Action at Law Defendant. Answ ',R TO C011 E AINT WITH NRW MATTER Defendant Arnold Logistics, a division of Arnold Transportation Services, Inc., through its counsel, Keefer Wood Allen & Rahal, LLP, submits the within answer with new matter in response to plaintiff's complaint, averring as follows: 1. Admitted, on information and belief. 2. Denied as stated. Arnold Logistics is a division of Arnold Transportation Services, Inc., with its principal place of business at 4410 Industrial Park Road, Camp Hill, Pennsylvania. 3. Admitted. 4. Admitted, with qualification. Plaintiff s employment by defendant terminated on ,.1 March 19, 1999. Subject to that qualification, the averments of this paragraph are otherwise { admitted. 5. Admitted, with qualification. Plaintiff was eligible to receive a Safety and Attendance Bonus once a year, provided that he fully complied with all prerequisites for payment of a bonus and provided further that the amount of the bonus payment was subject to six deduction factors as set forth in the employee handbook. 6. Admitted in part and denied in part. It is admitted that plaintiff received the original of the document attached to plaintiffs complaint as exhibit "B." The remaining averments of this paragraph are denied for the reason that the document speaks for itself and requires no further characterization. By way of further answer, defendant denies that plaintiff "earned" any Safety and Attendance Bonus for the period in question. 7. Denied. No Safety and Attendance Bonus was due or payable. 8. Admitted in part and denied in part. It is admitted that defendant has refused to make any Safety and Attendance Bonus payment to plaintiff. It is denied that plaintiff met all conditions prerequisite to receipt of a Safety and Attendance Bonus or that he otherwise earned such bonus, because he neither met all the conditions prerequisite to payment nor earned any bonus. 9. Denied. The averments of this paragraph constitute a conclusion of law to which no response is required. 10. Denied. The averments of this paragraph, constitute a conclusion of law to which no response is required. 11. Denied. The averments of this paragraph constitute erroneous conclusions of fact and law to which no response is required. To the extent a response is deemed required, the averments are denied. 12. Denied. The averments of this paragraph constitute a conclusion of law to which no response is required. -2- { 13. Denied. The averments of this paragraph constitute a conclusion of law to which no response is required. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's complaint with prejudice and enter judgment in defendant's favor, together with costs and such other and further relief as the Court deems fair and just. NEW MATTES 14. Defendant incorporates by reference paragraphs 1 through 13 of the foregoing answer as if fully set forth at this place. 15. Plaintiffs complaint fails to state any cause of action against defendant. 16. As set forth in the Arnold Logistics employee handbook, the once-a-year Safety and Attendance Bonus for which hourly associates may be eligible is subject to six factors that determine the individual payment amount for a qualified associate, and whether any bonus is in fact earned and payable. 17. One of the six factors that may reduce or eliminate a Safety and Attendance Bonus is whether the associate sustained a work-related injury due to a preventable accident that resulted in the payment of medical expenses and/or worker's compensation benefits. 18. As stated in the pertinent part of the Arnold Logistics employee handbook, a true and correct copy of which is attached hereto as exhibit "A," a "preventable accident" is defined as one where it is evident that the accident could have been avoided by exercising good judgment, reasonable foresight, and proper care on the part of the associate; and a "preventable" -3- accident is further defined as one in which the associate failed to do everything he reasonably could have done to prevent the accident. 19. Arnold Logistics adopted its Safety and Attendance Bonus program in order to promote safety and reduce accidents and injuries in the workplace. 20. On July 21, 1998, plaintiff sustained injuries as a result of an accident in the workplace that was preventable by him. 21. Plaintiff received medical and worker's compensation benefit payments totaling at least $1,153.23 as a result of his accident. 22. Defendant reasonably and properly determined that plaintiffs accident was preventable and that the amount of payments resulting therefrom should be deducted in determining whether any Safety and Attendance Bonus would be payable to plaintiff. 23. Defendant reasonably and properly determined that no Safety and Attendance Bonus was earned or payable to plaintiff. 24. Defendant did not abuse the discretion it reserved to itself to determine whether a Safety and Attendance Bonus was payable to plaintiff for the period in question. 25. Defendant's refusal to pay plaintiff a Safety and Attendance Bonus for the period in question fostered defendant's policy to promote safety and reduce accidents in the workplace. 26. Plaintiff is not entitled to recover against defendant under the Wage Payment and Collection Law, 43 P.S. § 260.1 et seq., because he did not earn the right to receive any Safety and Attendance Bonus and, therefore, has made no claim for "wages" within the meaning of the statute. -4- r t WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiffs complaint with prejudice and enter judgment in defendant's favor, together with costs and such other and further relief as the Court deems fair and just. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP By: Eugene E nsky, Jr. Attorney Id. No. 23702 Donald M. Lewis III Attorney Id. No. 58510 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 and -8038 Date: June, 1999 Attorneys for defendant -5- The undersigned, Tom J. Collingsworth, hereby verifies and states that: 1. He is Human Resource Manager of Arnold Transportation Services, Inc., and he is authorized to verify the foregoing answer with new matter on defendant's behalf; 2. The facts set forth in the foregoing answer with new matter are true and correct to the best of his knowledge, information, and belief; and 4. He is aware that false statements herein are made subject to the penalties for perjury pursuant to 18 Pa.C.S. § 4904. EMPLOYEE HANDBOOK T) Yi "w` TT ii t,7 T.i Tl. iT a U t. tS T- `.i `T 2 y r TT T.i ti S7 Sl V 'fS t2 451 FREIGHT STREET CAMP HILL, PA 17011 EXHIBIT A SAFETY TEAMS Safety is something that cannot be stressed enough. Arnold Logistics is always open to suggestions on how to make things safer and prevent potential safety hazards. You should always be alert about what is going on around you, and if you see something that does not look safe or even have a suggestion on how to make it safer let your manager know. Arnold Logistics is always trying to stress teamwork and working with your peers. One way Arnold Logistics does this and raises safety awareness among associates is, after an associate's 90 day Introductory period is completed you are placed on a safety team, which r consists of your fellow associates. The team's objective is to work a predetermined goal which is calculated by the, number of team members and a projected set number of hours worked. The formula used to calculate the is, 3 months x 21 days x 8 hours = 504 hours. 504 is the number of hours each person must achieve. For drivers it is 630 hours because their formula is multiplied by 10 hours, not 8. If your team achieves its goal each q'arer certain prizes are awarded and a new goal will begin. You will not move onto the next goal until you have achieved your first goal. Some goals may be achieved before a quarter is over or after a new quarter has started, During the quarter there are certain factors that may cause the team no to reach their i goals which must be considered. Predetermined goals may change due to employees being hired, terminated or transferred to another division. In these cases the hours that a person has already achieved will remain with the team. For those people who transfer divisions, the hours they worked with their first division will remain their. Then they will be placed on a new team in the current division and their hours worked in the new division will be added onto the new team's goal. Holiday hours do not count and must be subtracted out, but a person's vacation hours do count toward the goal. Any work-related accidents that are deemed preventable will cause the team's goal to change from the time of the accident to when the previous goal was achieved, the total will go to zero. If a person goes out on disability or a leave of absence, the team's goal will also change. When the person leaves, he/she will be removed from the team and placed on the inactive list causing the team's goal to be recalculated. Once the person returns their hours left to work until the goal is achieved will be recalculated into the goal causing it to change once again. The team will lose hours of those people who go out on worker's compensation. These people will not be placed on the inactive list, but rather remain on the team. The team's goal will not be recalculated due to a person missing for workman's compensation. It is handled just as, if it was an absence. Any absences a person has will cause the team to lose hours because the person is not here to work them. This is a team effort and not working together as a team will result in not reaching a team's goal. Besides just working hard as a team to reach your goal, we want to s ss tre working together as a team to achieve a safe work environment. Preventable accidents are ones where it is evident that the accident could have been avoided by exercising good judgment, reasonable foresight, and proper care on the part of our associate. Preventable are defined as: "One in ?0ich %ou failed to do everything you reasonably could have done to prevent the accident." After an investigation is completed, each accident is judged as either "preventable" or "non-preventable". This initial judgment is made by the Human Resources Manager. Disciplinary action is based upon the findings of the inesti_ation. Associates will be notified of any disciplinary action, both verbally and in writing. 19 I, Donald M. Lewis III, Esquire, one of the attorneys for defendant, hereby certify that I have served the foregoing paper upon plaintiff this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Michael A. Koranda, Esquire Tomasko & Koranda 219 State Street Harrisburg, PA 17101 KEEFER WOOD ALLEN & RAHAL, LLP By Dona][ ewes III Dated: June a 1999 L i C1 I C? .. . RAYMOND A. JOCK, JR.. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS. NO.-EV=9@69A92-99- 99-?Ga_? ARNOLD LOGISTICS, CIVIL ACTION - LAW Defendant. ORDER OF COURT AND NOW, ?199, in consid ration of the foregoing petition, 6ynLG?Q ?sgAtre, / Es ire, and r Esquire, are appointed arbitrators in the above-captioned action as prayed for: By the Court, 0 T: .?i 71 v _, r6avmnanu-ax awnnnun?a•vr-:.'.. :, ;:: 219 STATE STREET M.; ` ."'HARRISBURG, PENNSYLVANIA 17101 . TE(EP110N.E: (7117) 238.1100 Fnx: (717) 238.6190 RAYMOND A. JOCK, JR., Plaintiff, VS. ARNOLD LOGISTICS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. tV-0@6999 -99 9 l - _?IwL el v c C? CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Tomasko & Koranda, P.C., attorneys for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $437.20 (plus attorneys' fees, costs and liquidated damages mandated by statute if plaintiff is successful). The counterclaim of the Defendant is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Michael A. Koranda, Esquire; Ronald T. Tomasko, Esquire; Brian A. McCall, Esquire; Donald M. Lewis, Esquire; and, Eugene E. Pipinsky, Jr., Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. , ?` a j r- Li_ J _ 11Ir? ? - V n_ 1 o cJ U o w ? g =o c < F-'' ??rn r 2 ? N W W O C ? ? X ry N f 9 J ? ` F x Respectfully submitted, TOMASKO & KOR/ 219 State Street Harrisburg, PA 17101 Telephone: 717238-1 F I.D.#83030 CERTIFICATE OF SERVICE AND NOW, this 5 day of August, 1999, I Brian A. McCall, Esquire, attorney for the Plaintiff, hereby certify that I served the within PETITION FOR APPOINTMENT OF ARBITRATORS this day by: U.S. Mail, first class, postage paid, addressed to: Donald M. Lewis, Esquire KEEFER, WOOD, ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 LAW OFFICF..S Tomnsxo & KORANUA, P.C. 219SrxreSiRla:r 1IARRISIIURGr PENNSYLVANIA 17101 TELEPIIONE: (717) 238.1100 FAX: (717) 238.6190 Certified m he u upe and eonvei espy of rceord. ?? _ ?.: ?. ,_ : _ ' ,, . - ,, ' ; ?.' t ? -. U c a ? o ? ? ? o , y Z Wa' > N ?. u y ? N p N O '? < w ?? F- 0. :si v O ? ? z o K x N = s < H N W Q J ? ? Ey O a F = RAYMOND A. JOCK, JR., Plaintiff, vs. ARNOLD LOGISTICS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3026 (CIVIL) CIVIL ACTION - LAW REPLY TO NEW MATTER NOW COMES the Plaintiff, Raymond A. Jock, Jr., by and through his attorneys, Tomasko & Koranda, P.C., and files the following Reply to New Matter in response to the Defendant's Answer with New Matter, averring: 14. The Plaintiff incorporates by reference paragraphs 1 through 13 of the Complaint as if fully set forth at length below. 15. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. 16. Denied as stated. The Defendant's "incentive bonus" program, which is set forth in a writing, speaks for itself and no further characterization is required. 17. Denied as stated. The terms and conditions of the Defendant's "incentive bonus" program, which are set forth in a writing, speaks for itself and no further characterization is required. 18. Denied as stated. The terms and conditions of the Defendant's "incentive bonus" program, which are set forth in a writing, speaks for itself and no further characterization is required. 19. Denied. After reasonable investigation, the Plaintiff is without knowledge or information and belief which would permit him to admit or deny the allegations of this paragraph, and the same are therefore denied with strict proof thereof demanded at trial. 20. Admitted in part; denied in part. It is admitted that the Plaintiff suffered a work-related injury. The remaining averments of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading is required, it is denied that Plaintiff's accident was "preventable." 21. Admitted upon information and belief. 22. Denied. Tile allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. 23. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. 24. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading is required, the allegations of this -2- paragraph are denied. 25. Denied, After reasonable investigation, the Plaintiff is without knowledge or information and belief which would permit him to admit or deny the allegations of this paragraph, and the same are therefore denied with strict proof thereof demanded at trial. 26. Denied, The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. WHEREFORE, the Plaintiff, Raymond A. Jock, Jr., respectfully requests that this Honorable Court enter judgement in his favor and against the Defendant, Arnold Logistics, in the amount of $437.20 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 ? V By:_? MICHAEL A. KORAND- Pa. I.D. X158808 -3- COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) I verify that the statements made in the attached REPLY TO NEW MATTER are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATED: 7// /9? RAY OND A. JOCK, JR. CERTIFICATE OF SERVICE AND NOW, this day of J?/Z y 1999, I, Michael A. Koranda, Esquire, attorney for the Plaintiff, hereby certify that I served the within REPLY TO NEW MATTER this day by: U.S. Mail, first class, postage prepaid, addressed to: Donald M. Lewis, Esquire KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 / By: MICHAEL A. KORANDA ) f ) In The Court of Common Pleas of Cumberland County, Pennsylvania No. 19 i oATx C/ lie do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our office with fidelity. Chairman AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: Arbitrator, dissents. (Insert name if applicable.) Date of Hearing:_/O-26- 51 Date of Award: /U .7C - ?1 j Chairman r NOTICE OF ENTRY OF AWARD Now, the 26 w day of 19 99 , at 3'3s , P H., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 29t. cro rothoaotary By: lid, Denuty (Note: If damages for delay are awarded, they shall be separately stated.) ,7 A&u ,k /I- /U. 9 .? . rp r