HomeMy WebLinkAbout99-05230In
VALERIE A. SONES, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-5230 CIVIL TERM
RICKY E. SONES,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 11) day of August, 1999, this Court certifies that the
attached complaint has been properly completed and verified, and there is probable cause
for this issuance of process. In consideration of the attached Commonwealth's Petition, a
WARRANT IS ISSUED FOR THE ARREST of the Defendant, RICKY E. SONES.
If the defendant is found during normal Courthouse hours, the defendant is to be
brought immediately before the Court. If not found during Courthouse hours, the
defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of
Criminal Procedure.
Defendant has a right to be represented by an attorney. If the defendant cannot
afford an attorney, upon request one will be assigned to represent the defendant. The
assessment of costs to be determined by the Trial Judge subsequent to trial
By the Court
Edgar . Bayley r J.
T
Jonathan R. Birbeck
Chief Deputy District Attorney
RICKY E. SONES
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VALERIE A. SONES, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
99-5230 CIVIL
RICKY E. SONES,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH' PETITION FOR A HEARING ON CHARGES
QF INDIRECT CRIMINAL CONTEMPT
Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
1. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113.
6. The plaintiff and/or the defendant may seek modification of the Order based
on the filing of this petition as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. § 6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Respectfully submitted,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF . IMBFRI AND
D.).Naar It... COMMONWEALTHOFP
Add1ar CUMBERLAND COUNTY
COURTHOUSE
CARLISLE, PA
Tchitsonr
Date Filed:
OTN:
COMMONWEALTH OF PENNSYLVANIA
VS.
DEFENDANT:
NAME and ADDRESS
RICKY E SONES
RRl BOX 178
TURBOTVILLE, PA 17772
(Name o Auunry for the Ca rnmwealm . Please Prins or Type) 1Sig3mre of Anamry fa Cnmi;Mwealthl (Due)
I. 01cer Todd Lindsay 3300
Name of Arrant - Please Print or Type Officer Badge Numberfl.D.
OF Mid-Cumberland Vapey Regional PD PA0210900
Idrnhfy Departm:nt or Agency Repmsented and Political Subdivision Police Agency Oft Number Originating Agency Caw Number WA)
do hereby state: (check appropriate area)
1. ® 1 accuse the above named defendant, who lives at the address set forth above or,
? 1 accuse the defendant whose name in unknown to me but is described as
? I accuse the defendant whose name and popular designation or nickname is unknown to me and whom 1 have therefor designated as
John Doe.
with violating the penal laws of the Commonwealth of Pennsylvania at 128 IV. Xing Street, Shippensburg, PA in Cumberland County on or
about August 3rd 1999 at 1647 hours.
Participants were: (If there were participants, place their names here, repeating name of above defendant)
RICKYESONES
2. The acts committed by the accused were:
(SU Fpnhaaummury ofae fuu mmcimuo Nvix the de/rndanr afihe nnure ofine oRmx cM1VFN Acimti,m tmhe naweallegNly vinlaN. witM1mi mwe, is na mmcimt. Inammmory ceu.yw mun mire
Neapeeinc am,ia, and mbaectia, of the ammm a ordinrnce allegedly riulvN.l
INDIRECT CRIMINAL CONTEMPT - 23 Pa. C. S. §6101
Actor did violate a Protection From Abuse order signed by a Pennsylvania Court of Common Pleas
Judge.
Victim: Valerie Ann Sones
PFA Order Number and Date of Issue: PFA No. 98-712 Issued on September 21, 1998 by the
Honorable Judge Robert B. Sacavage of Northumberland County
POLICE
CRIMINAL COMPLAINT
Violation Committed: Defendant violated paragraph #1 of said order to wit: On August 3, 1999,
defendant did telephone the plaintiff on 12 separate occasions between the hours of 1647 and 1908.
There was nothing at that point In time, pertaining to the children that needed to be discussed to that
extent.
District Attorney's Office ? Approved E] Disapproved because:
trim District Attorney may require that the complaint. arrest warrant affidavit. or both he approved by the Anomry forthe Commonwealth prior to filing. Pa.R.Cr.P.107.)
FDockct ame: RICKY E SONES
ber: POLICE
CRIMINAL COMPLAINT
all of which were against the peace and dignity of the Comm
h
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onwea
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of P ennsylvania and contrary to the Act of Assembly, or in violation of
1.
6113 .
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3. 1 ask that ® a warrant efarresr or ? a summons be issued and that the defendant be required to answer the charges I have made. ()n
order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and swom to before the issuing authority.)
4. 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is
made subject to the penalties of Section 4914 of the Crimes Code (I8 PA. C.S. 4904) relating to unswom falsifications to authorities.
?fa3laq
(Slenatnre of COmplin,nq
AND NOW, on this date , I certify the complaint has been properly completed and verified. An affidavit
of probable cause must be completed in order for a warrant to issue.
(M,yaten,l 01'a7ep
Qabine Aulhorityl (SEAL)
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PLAINTIFF
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DEFENDANT
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" IN THE COURT OF COMMON PLEAS RI fn
' OF NORTHUMBERLAND COUNTY, PA
' CIVIL DIVISION - LAW
PROTECTION FROM ABUSE
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cv- 98. 7/ 2--
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PROPOSED FINAL ORDER OF COURT
:.
AND NOW, this y/a7 day of? 1998, upon consideration of t$e'Paotection
From Abuse Hearing's Officer's Report and Recommendations, IT IS ORDERED AND DIREC3 EI) 7
that the attached report and recommendations shall be entered as a FINAL, ORDER unless Exceptions ,
thereto are tiled by either party within ten (10) days after the effective date hereof.
In the event exceptions are filed the Temporary Order entered in this matter will remain in full
force and effect until disposition of the filed Exceptions..
Effective date -d / - id"
BY THE COURT:
Robert. B. Sacavage, President Judge
Extracted from the records
and certified this 64 day
of OA,- A. D. 19n
U Prothonotary
My Commission Expires First
Monday of January, 2002
e-f E !h • `S ry- r IN THE COURT OF COMMON PLEAS
PLAINTIFF OF NORTHUMBERLAND COUNTY, PA
vs. CIVIL DIVISION-LAW
' PROTECTION FROM ABUSE
DEFENDANT + CV- q 8 _ 17
_
HEARING OFFICER'S REPORT AND RECOM E DATTONS
Appearances:
Esq., Attorney for Plaintiff
Esq., Attorney for Defendant
Defendant's Name: k v S ,, e J
Defendant's Date of Birth: L6
Defendant's Social Security Number: LL 7 . ,f y- y 5f Z
Names of All Protected Persons, including Plaintiff and minor child/ren:
follows: AND NOW, this J-7 T day of Ste, 19. yP, the Hearing Officer recommends as
Plaintiffs request for a final protection order is denied.
OR
Plaintiffs request for a final protection order is granted. w.ll o i 1 .?? r, •. 0n 4?-, fL-+I'
D fendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they
might be found.
. Defendant is evicted and/or excluded from the residence at eg ZI Qoti 0-6-1 e 1, ,s A ) r,-.or
any other permanent or temporary residence where Plaintiff may live. Plamttffts granted exc usive possession of
the residence. Defendant shall have no right or privilege to enter or be present on the premises. A.(J A.-•n F. 4
r" z ?,J. , , P4 !l J F /rw1 f a J . r n b.n 4-, C. 1 en c c ,n.. 1._4, 4,, O C4-0,b. 3 c
? 3. Except for such contact with the minor child/ren as maybe permitted under Paragraph 5 of this Order, t y" }
Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to
any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away
from the following locations for the duration of this Order: a v w _ t fl,? o _ . _ -1
- 4. Except for such contact with the minor child/ren as may be penniaed under Paragraph 5 of this Order,
Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons.
f Custodv of the minor children
shall be as follows: The pirnes shall have shared legal custody of he manor children.
shall have primary physical custody. y„1, 1_ 0 „Ju 11 s }tApep?
fbilotas: ICJ, J.n.ai a i
1-r) dS-
? 6. Defendant is prohibited from possessing, transferring or acquiring any other weapons for he duration of
this Order. Any weapons delivered to the Northumberland County Sheriff under Paragraph 6 of he Temporary
Order shall not be returned until further order of Court.
h
8. Defendant is duected to pay temporary support for
as follows:
This Order for support shall remain in effect until a final support order is entered by this Court. However, this order
shall lapse automatically if Plaintiff dos not file a complaint for support with the Court within fifteen days of the
date of his order. The amount of his temporary order does not necessarily reflect Defendant's correct support
obligation, which shall be determined in accordance with the guidelines at the support heanng. Any adjustments in
the final amount offsuppon shall be credited, retroactive to this date, to the appropriate party.
_shall pay the costs of this action within ;k--, el ,„11 from the date of this
Order. T
Payment must be in the form of cash or money order. Personal checks will not be accepted. The costs are as
follows:
$50.50 Payable to the Northumberland County Prothonotary's Office, Northumberland County Courthouse,
22nd and Market Streets, Sunbury, Pennsylvania 17801.
$20.00 Copying costs payable to the Northumberland County Hearing Officer's Office, Northumberland
County Courthouse, 2nd and Market Streets, Sunbury, Pennsylvania 17801.
4 S9 Payable to the Northumberland County Sheriffs Department, Northumberland County
Courthouse, 2nd and Market Streets, Sunbury, Pennsylvania 17901.
FAILURE TO PAY THESE COSTS IN FULL '57TIIIN THE TIME ALLOIVED MAY RESULT IN
ADDITIONAL COSTS AND/OR CONTEMPT.
10. Defendant shall pay S _to Plaintiff as compensation for Plaintiffs out-of-pocket losses,
which are as follows:
OR
The following additional relief is granted as authorized by Sec. 61OR of the Am d)l .. 1 LL
Plaintiff is granted leave to present a petition, with appropriate notice to the Defendant, requesting
recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses,
copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
11. BRADY INDICATOR
1. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or
has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant.
2. This order is being entered after a hearing of which the Defendant received actual notice and
had an opportunity to be heard.
3. Paragraph 1 of this Order has been checked to restraining the Defendant from harassing,
stalking or threatening Plaintiff or protection person(s).
4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected
person(s).
OR
?e terms of this Order prohibit Defendant from using, attempting to use, or threatening to
use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury.
12. THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER AND/OR
/ ANY PRIOR ORDER RELATING TO CHILD CUSTODY
13. All provisions of this order shall remain in full force and effect undl_ 4 fir,.,-6n41 ? J4 9.7
i
14. A certified copy of this Order shall be served on the Plaintiff, Defendand'04 b Tt? n"f
Department, Northumberland County Sheriffs Department, Pennsylvania State Police Registry dice
Barracks), Northumberland County Children and Youth, Northumberland County Adult Probation and Parole
Department and the Warden of the Northumberland County Prison.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF
INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF NOT LESS THAN
5100.00 NOR MORE THAN S1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.
SEC. 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER THE PENNSYLVNIA CRDID;S CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE-DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO
UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. SEC. 2265. IF YOU TRAVEL OUTSIDE
OF THE STATE AND INTENTIONALLY VOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SEC. 2261-2262. IF
PARAGRAPH 11 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL
ACT, IS U.S.C. SEC 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFOR FMRMr OMCLI r c
The police who have jurisdiction over the Plaintiffs residence OR any location where a violation of this
occurs OR where the Defendant may be located, shall enforce this order. An arrest for violations of Paragraphs I
through 7 of this order may be without warrant, based solely on probably cause, whether or not the violation is
cornmitted in the presence of the police. 23 p.c. Sec. 6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the
violation of the Protection Order or during prior incident of abuse. The Northumberland County Sheriffs
Department shall maintain possession of the weapons until further order of this Court.
When the Defendant is placed under arrest for violation of this order, the Defendant shall be taken to the
appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police officer OR the plaintiff Plaintiffs presence and
signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and
both parties given notice of the date of the hearing.
Respectfully submitted,
-RRG TOLER LEWELLYN, ES
DOMESTIC RELATIONS HEARING OFFICER
If entered pursuant to the consent of Plaintiff and Defendant:
hill. I ? 11 11
JP 12?y 4--1-
Plaintiffs signature Defendant's signature
cc: Plaintiff
Defendant
I > mat -rO-) sL Police Department
Northumberland CoLLnty Prison
Northumberland County Children and Youth
Northwnberland County Adult Probation and Parole
Northumberland County Sheriffs Department
Pennsylvania Suite Police Registry (Stmmngton Barracks)
SVWIT
Hearing Officer
r
VALERIE A. SONES, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-5230 CIVIL TERM
RICKY E. SONES,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 0- day of September, 1999, this Court certifies that the
attached complaint has been properly completed and verified, and there is probable cause
for this issuance of process. In consideration of the attached Commonwealth's Petition, a
WARRANT IS ISSUED FOR THE ARREST of the Defendant, RICKY E. SONES.
If the defendant is found during normal Courthouse hours, the defendant is to be
brought immediately before the Court. If not found during Courthouse hours, the
defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of
Criminal Procedure.
Defendant has a right to be represented by an attorney. If the defendant cannot
afford an attorney, upon request one will be assigned to represent the defendant. The
assessment of costs to be determined by the Trial Judge subsequent to trial.
Jonathan R. Birbeck
Chief Deputy District Attorney
RICKY A. SONES
By the Court,
,? r._
Vim, 17
?',_ ?, ?.. ? .. ?.n
VALERIE A. SONES, : IN THE COURT OF COMMON PLEASOF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V
RICKY A. SONES,
Defendant
99-5230 CIVIL
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County,
Pennsylvania, brings the following Petition for a hearing on charges of Indirect Criminal
Contempt:
1. A Protection from Abuse Order was issued by the Court. A true and correct
copy of the Order is attached.
2. The defendant's violation of this Order is averred in the attached criminal
complaint.
3. The victim requests the filing of an Indirect Criminal Contempt Charge.
4. The District Attorney's Office approves the filing of this criminal complaint.
5. The Commonwealth is requesting a hearing on the charges of Indirect
Criminal Contempt pursuant to 23 Pa.C.S.A. § 6113.
6. The plaintiff and/or the defendant may seek modification of the Order based
on the filing of this petition as the Court deems appropriate following the trial
in addition to any other sentence. 23 Pa.C.S.A. § 6113.
WHEREFORE, the Commonwealth requests the defendant be commanded to
appear before the Court on the charge of Indirect Criminal Contempt.
Respectfully submitted,
J na Ilan R. Birbeck
ie Deputy District Attorney
J
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Cumberland
Nurher:
Justice Nare:Non.
et No.:
Filed:
POLICE
CRIMINAL COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
VS.
DEFENDANT:
NAME and ADDRESS
r Ricky Eugene Sones
Rd 1 Pox 178
Turbotville Pa 17772
L
-I
I
RSIlfiife ? Asian ? Brack ? Femle? V---, ? ?.?.o. r Haan ? ?acian ?mrhry mnoer etauaht?s SID
? Nispaniep Ranee Ahrericaa p ufannn ®Male 06/23/1961 167-54 -4952
fencHnt's A.K.A. farlant's Vdhicle Infonretion: efarint?s Driver's Encase Nader
Plate Nurber State Registration Sticker(MVYY> State
I I PA,19367851
H02-1086254
260
District Attorney's Office `E? Approved ? Disapproved because:
(The district attorr may recOm at the emptaint, arrest warrant affidavit, or both be Waved by the attorney for the Camdruselth
filing Pa.R.Cr.P. 10 prior to
ale o Attorney or Mii?ffgtease rin or )pe igna ue o onoy or
I, a
Tbr. William LEE e
7024
(Nana of Affhant-Please Print or Type) (Officer Badge Nudxr/I.D.)
of PA State Police PAPSP1000
(Identify Departlaaht R5 Agahq Represented and Political sLCdIVISlon) (Police Agercy ORI Nuter) (Originating Agency rase Wter(oCh))
do hereby state:(check the appropriate box)
1. ® I accuse the above named defendant, who lives at the address set forth above
? I accuse an defendant whose name is unknown to me but who is described as
? I accuse the defendant whose name and popular designation or nickname is unknown tome and whom -1 have
therefore designated as John Doe
with violating the penal laws of the Commonwealth of Pennsylvania at 19 Airport Rd. ,
Southarrpton Trap. (P ace•PO uhTbdi,j,hon)
in Cumberland County on or about
were: (if there were participants, place their names here, repeating the name of the above defendant)
2. The acts committed by the accused were:
(Set forth a sumery of the facts sufficient to aamse the defeffint of the nature of the offeree charged. A citation to the statue attrty violated
without mxe, is not sufficient. In a sunrery case, you gust cite the specific section and si section of the statute or ordinance al legdly violated.)
In that, the defendant did violate the conditions of the issued order under the
Protection From Abuse Act F.R.1992-512. Issued by the Court of Comtton Pleas,
Northumberland County. P.F.A. #CV-98-712 issued by the Honorable Robert B. Sacavage
on 09/21/98. To wit: Defendant did threaten the victim over the phone in violation
of said order.
(Continuation of 2.)
Defendant Name: Ricky Eugene Sones POLICE
Docket Number: CRIMINAL COMPLAINT
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act
of Assembly, or in violation of 1. 6113 of the Dcmestic Relati 1
(section) (Sub-Section) (PA Statute) (counts)
2, of the
(Section) (Sub-Section) (PA Statute) (counts)
3, of the
(Section) (Sub-Section) (PA Statute) (counts)
4. of the
(Section) (Sub-Section) (PA Statute) (counts)
3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges
I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed
and sworn to before the issuing authority.
4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information
and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 PA. C.S.
® 49044) 1 ting to unsworn falsification to authorities.q /f
19 es f / ? Fem..--
M955 ure o ian
AND NOW, on this date '19 I certify the complaint has been properly
completed and verified. An s i avrt o pro a e cause must a completec in order for a warrant to issue.
...,.,
Defendant Name: Ricky Eugene Sones POLICE
Docket Number: .,r CRIMINAL COMPLAINT
AFFIDAVIT of PROBABLE CAUSE
1. This affiant is a member of the Pennsylvania State Police and is assigned to Troop
H Carlisle in the patrol unit. I have been enployed by the State Police for over 6
years.
2. On 08/31/99 at approx. 1620 hrs. one Valerie Sones arrived at PSP Carlisle
and reported that she is being threatened by her husband Ricky Sones in violation of
a PFA order issued out of Northumberland County. Valerie Sones provided this affiant
with a written statement in which she alleges that she was called on the telephone by
Ricky Sones and that he stated to her that he would get her one way or another.
3. This affiant was provided with a copy of the PFA order issued on 09/21/98 by the
Honorable Robert B Sacavage in the Court of Common Pleas of Northumberland County.
CV-98-712
4. This affiant requests that a warrant or sunmons be issued for the defendant.
I, Tpr. William LEE , BEING DULY SWORN ACCORDING TO
LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BE.T. .
^? (/ig•G
? Kgigna ure o tan
Sworn to me and subscribed before me this day of , 19
Date , District Justice
My commission expires first Monday of January, _ SEAL
AOPC 412- (4/96)( Internet Version) 3.3
Uu-mL W- ,5aa)(ai?L
U &Ier, e- A Sane s • IN THE COURT OF COMMON PLEAS W fY
PLAINTIFF OF NORTHUMBEItAND COUNTY, PA
vs.
' CIVIL DIVISION - LAW
PROTECTION FROM ABUSE
• r?
0
R:„ 1 S cn2J
DEFENDANT
i U,
PROPOSED FINAL ORDER OF COURT r - 7
AND NOH', this V14' day of , 1998, upon consideration of d Erptection
From Abuse Hearing's Officer's Report and Recommendations, IT IS ORDERED AND DIRECTED
that the attached report and recommendations shall be entered as a FINAL ORDER unless Exceptions,
thereto are filed by either party within ten (10) days after the effective dare hereof.
In the event exceptions are filed the Temporary Order entered in this matter will remain in full
force and effect until disposition of t1,e filed Exceptions-
Effective date
BY THE COURT:
Robert. B.Sacavage, President Judge
y..
Extracted from the records
and c//e??r??tif?iied this a* day
• Prothonotary
My Commission Expiros Firsi
Monday of January, 2002
L/0-1 Q-rr, e A . S r?M s • 'IN THE COURT OF COMMON PLEAS
PLAINTIFF • OF NORTHUMBERLAND COUNTY, PA
vs. • CIVILDMSION-LAW
• PROTEC I[ON FROM ABUSE
So/t _t
DEFENDANT • Cv- q 8 - / L
HEARING OFFMCER' REPORT AND BECOMMNDA71ONS
Appearances:
L , 2o?y 1! 8 e+ J uL , Esq., Attorney for Plaintiff
UP .A., e .J.r - Esq., Attorney for Defendant
Defendant's Name: , alc S a J
Defendant's Date of Birth:
???
Defendant's Social Security Number. 7 •,l y- y 5J" Z?
Names of All Protected Persons, including Plaintiff and minor child/ren:
roc
follows: AND NOW, this _Lday of tar , 19-ff, the Hearing Officer recommends as
Plaintiffs request for a final protection order is denied.
OR
? Plaintiffs request for a final protection order is granted. w.J1 o F c J -9 • •.-N 0^ 44? f`44-
01- 4-ti Pek'.)....vF
??fendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they
might be found.
?2. Defendant is evicted and/or excluded from the residence at CR Z3 Q,a ab l P j r ,s , e J (,.Or
any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exe usive possession of
the residence. Defendant shall have no right or privilege to enter or be present on the premises. AV- fi. nt- g
r.-i a ?..t•a+ ? P?}vJ..,r-e /nr.--t 1• -l,.. " H, re . k j C.n ct ,n. L.Jr +1•, o </-a 6 •• 3 t
? 3. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, t y"
Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to
any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away
from the following locations for the duration of this Order: a v w _ t .r,, a,-.- _ . _ .. 1
kept for such contact with the minor children as may be permitted under Paragraph 5 of this Order,
Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons.
L"'5. Custody of the minor children ?f2i Q?,o ? 6 1 (j rc.tl r )31 I a3 r; r1., L I t r) By
shall he as follows: The parries shall have shared legal eustbdy of the minor child/ten.
shall have primary physical custody. t&4,1 sly slsntthavepa
follows: ru, i J. _.,
? 6. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of
this Order. Any weapons delivered to the Northumberland County Sheriff under Paragraph 6 of the Temporary
Order shall not be returned until further order of Court.
:The following additional relief is granted as authorized by Sec. 6108 of the Act:
8. Defendant is directed to pay temporary support for
as follows:
This Order for support shall remain in effect until a final support order is entered by this Court. However, this order
shall lapse automatically if Plaintiff dos not file a complaint for support with the Court within fifteen days of the
date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support
obligation, which shall be determined in accordance with the guidelines at the support heating. Any adjustments in
the final amount toofsupport shall be credited, retroactive to this date, to the appropriate party.
shall pay the costs of this action within 1? I t from the date of this
Order.
Payment must be in the form of cash or money order. Personal checks will not be accepted. The costs are as
follows:
$50.50 Payable to the Northumberland County Prothonotary's Office, Northumberland County Courthouse,
2nd and Market Streets, Sunbury, Pennsylvania 17801.
S20.00 Copying costs payable to the Northumberland County Hearing Officer's Office, Northumberland
County Courthouse, 2nd and Market Streets, Sunbury, Pennsylvania 17801.
S' S-7. YY Payable to the Northumberland County Sheriffs Department, Northumberland County
Courthouse, 2nd and Market Streets, Sunbury, Pennsylvania 17801.
FAILURE TO PAY THESE COSTS IN FULL WITHIN THE TIME ALLOWED MAY RESULT IN
ADDITIONAL COSTS AND/OR CONTEMPT.
10. Defendant shall pay S to Plaintiff as compensation for Plaintiffs out-of-pocket losses,
which are as follows:
OR
Plaintiff is granted leave to present a petition, with'appropriate notic1to the Defendant, requesting
recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses,
copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
11. BRADY INDICATOR
1. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or
has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant.
2. This order is being entered after a hearing of which the Defendant received actual notice and
hadan opportunity to be heard.
3. Paragraph I of this Order has been checked to restraining the Defendant from harassing,
stalking or threatening Plaintiff or protection person(s). -
4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected
person(s).
/ OR
The terms of this Order prohibit Defendant from using, attempting to use, or threatening to
use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury.
THIS ORDER SUPERSEDES
- ANY PRIOR PFA ORDER AND/OR
ANY PRIOR ORDER RELATING TO CHILD CUSTODY
l3. All provisions of this order shall remain in full force and effect until. 4 ??r,,, ." r? I4 9.7
y1-r
4. A certified copy of this Order shall be served on the Plaintiff, Defendant 40c. L
Department, Northumberland County Sheriffs Department, Pennsylvania State Police Re is l?lice
Barracks), Northumberland County Children and Youth, Northumberland County Adult Prob
try ( ation rand Parole
Department and the Warden of the Northumberland County Prison.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF
INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF NOT LESS THAN
5100.00 NOR MORE THAN S1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.
SEC. 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND ClIMMAL
PENALTIES UNDER TM PENNSYLVNIA CRD DES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE-DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO
UNDER THE VIOLENCE AGAINST WOMEN ACT, IS U.S.C. SEC. 2265. IF YOU TRAVEL OUTSIDE
OF THE STATE AND INTENTIONALLY VOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SEC. 2261-2262. IF
PARAGRAPH 11 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL
ACT, 18 U.S.C. SEC 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO L•A W EnrFnnr?ca,rcwr-.•
The police who have jurisdiction over the Plaintiffs residence OR any location where a. violation of this
occurs OR wbere the Defendant may be located, shall enforce this order. An arrest for violations of Paragraphs I
through 7 of this order may be without warrant, based solely on probably cause, whether or not the violation is
committed in the presence of the police. 23 p.c. Sec. 6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the
violation of the Protection Order or during prior incidents of abuse. The Northumberland County Sheriff`s
Department shall maintain possession of the weapons until further order of this Court
When the Defendant is placed under arrest for violation of this order, the Defendant shall be taken to the
appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and
signature are not required to file the complaint
If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and
both parties given notice of the date of the hearing.
Respectfully submitted,
SHERRE TOLE] LEWELLYN, ESQ.
DOMESTIC RELATIONS HEARING OFFICER
If entered pursuant to the consent of Plaintiff and Defendant: s <
Plal ntfsbiguarure L?? ? '-??`?' SC?7?G2
Defendants signature
cc: Plaintiff
Defendant
1-0-64. To
Northumberland Co ty Prison
Northumberland Counry Children and Youth
Northumberland County Adult Probation and Parole
Northumberland County Sheriffs Department
Pennsylvania State Police Registry (Stonington Barracks)
S V WIT
Hearing Officer
.w fac-A
i;1 u 6`u (3 e-., -. , c.1.-
THE PLANKFNHORN CO. P O BOX I I WILL IAMSPORT. FA 11103
SURETY, BONDSMAN, REALTY BAIL BOND APPLICABLE PORTION OF REVERSE SIDE MUST BE COMPLETED_
CERTIFICATION OF BAIL xA iq I, A!;[ NO DJ No
AND DISCHARGE OTN
COMMONWEAL TV' VS IDelenUarn Navin arts Aeu,nui I i• Tr nMa Na 99-523
C
l Term
Rickey E. Sones OV'
H
UmnOEr SI D n iL OF CHARGE151
RR 1 Box 178 Contempt
Turbotville, PA 17772 (Violation of Protection
? ROR (no surely) ? NominalRau Pram Abuse Order)
Bail (total amount set,11 any) $1,500.00
? Conditions of Release (aside from appearing at court Area required -) NEXT COURT ACTION
UATEANDIIML 11 AM LOCATION Courtroom 4
Tuesday 9/14/99 Cunt. Co. Courthouse
TO 1-1 Delennon Center ? Other
I hereby certify that sufficient ban has been entered
? By the defendant is On behalf of the defendant by.
(attach addendum. if necessary) Vivian Roekey
SECURITY OR SURETY IIF ANYI 707
? Surety Company INamc& AM,',, W +mmyi V1Cense NO)
® Professional Bondsman $lr500,OO 11111 Refundof cash ball Will be made walin 20 days alter
? Realty final disposition (Pa R Of P 4015(b))
? Other 0 Refundof another types of ball All be made promptly alter
20 days lollowing final disposition. (Pa.R.Cr.P. 4015(ap
JUDGE OR ISSUING AUTHORI iv
Kevin A. Hess, Judge • Bring Cash Bail Receipt to Clerk of Court.
DISCHARGE THE ABOVE -NAMED DEFENDANT FROM CUSTODY IF
APPEARANCE OR BAIL BOND DETAINEDFORNOOTHERCAUSE THAN THEABOVE STATED
.
THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND Given under my hand and the Official Seal of this Court
UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING
FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI this 13th day of September • 1999.
OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE \
\n A
UNITEDSTATES. _
^ A ^'^^^ -n
_ `JLrDGZ1v?"+ca,TLXI (SEAL)
mien or [amid( rsm,ng AUrnonhi Prothonot
WE, THE UNDERSIGNED, defendant and surety, our successors, heirs and assigns, are jointly and severally bound to pay to the
Commonwealth of Pennsylvania the sum of Fifteen Hundred ----------------- ---dollars (S1 500.00 j,
SEE REVERSE SIDE FOR B AIL CONDITIONS
CERTIFICATION OF COUNTER INDEMNITY AND PREMIUM (Applicable Only When Surely Is A Corporation)
. Principal. and
Surety.
hereby certify that the amount paid by said Principal to said Surety for ball in the above matter 1s S
and that no further sum or sums is to be paid therefore by the said Principal or anyone on his behalf.
We further certify that said Principal has given to said Surety countenndemnlly consisting of
of the value of $ and no further counter indemnity is to be given the said Surely except
as follows -
We further teddy that there are no judgments against the said corporate surely outstanding and unpaid for a period of more than thirty days from the dale of the entry of such
judgment except those in which a pelltlon to open or vacate the judgment has been filed and remains undsposed of
Dated:
19
IH?•nrn (SEAL)
,`ip, ryI O (SEAL)
Onr r7y
x J A SEAL)
sin is r [ur oil niunNr
MUST BE SIGNED IN PERSON
BY THE APPROVED AGENT
I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR
THE FULL AMOUNT OF THE BAIL.
The following acknowledgement is also applicable (SEAL)
it Percentage Cash Barlrs used Signature of Surety (May be Bondsman. Bail Agency, or private
individual or organization) Except when defendant is released on his
THIS BOND SIGNED ON SeptgMbgr 13th 1999 own recognizance (ROR). this must oe signed in all bail situations,
at Carlisle PENNSYLVANIA mcludmgnommalbail
Signed and acknowledged before me :his
13th %S7CC dayof Septembe(r? .1999 nnias. N••LI1,IT,LLIr,r,,i,Nn.,il,,,iirn,iNnAN1
V r,.,ya ...,.rrNa.•,P,Lr,,..,.Inar sans., Lr,., N.. 6(.pe,bn p.no
• In case of corporate surely bad, Power of Attorney must ORIGINAL a In case of Percentage Cash Bad or Nominal Bail. Power
be affixed to bonder otherwise bonds invalid of Attorney is not required AOPC 414 82
VALERIE A. SONES, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-5230 CIVIL TERM
RICKY E. SONES,
Defendant
IN RE: PETITION FOR INDIRECT CRIMINAL
CONTEMPT & BAIL
ORDER OF COURT
AND NOW, this 13th day of September, 1999, further
hearing is set for Tuesday, September 14, 1999, at 11:00 a.m.
Pending same, bail is set in the amount of $1,500.00.
By the Court,
John Abom, Esquire
Assistant District Attorney
William Braught, Esquire
Assistant Public Defender
Probation ?_?•,
Victim-Witness Office ?J
Sheriff
CCP
:bg
y e1
Kevi A. Hess, J.
'= 1
C': ? ? .. .
.?11
I
k
VALERIE A. SONES,
Plaintiff
V.
RICKY E. SONES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-5230 CIVIL TERM
IN RE: PETITION FOR INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 14th day of September, 1999, the
defendant having appeared in court and having admitted to two
counts of indirect criminal contempt, he is thus adjudged, the
court finds further that the text of the phone call involved
threats.
Sentence of the court is that the defendant pay the
costs of prosecution and undergo probation for a period of six
months on condition that he adhere strictly to the terms and
conditions of the existing protective order, and, specifically,
that he have no contact with the Plaintiff of a threatening
nature which does not relate to the custody of their children.
In the event of a violation of this order, a bench warrant will
issue for the defendant's arrest.
By the Court,
John A. Abom, Esquire
Assistant District Attorney
.41
Kevi A. Hess, J.
William Braught, Esquire +.
Assistant Public Defender
Probation
Victim-Witness Office 7
Sheriff
CCP
:bg
.?r_.. ?, ?.-,i
;: ?.
Valerie A. Sones, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-5230 CIVIL TERM
Ricky E. Sones,
Defendant PROTECTION FROM ABUSE
TEMPORARY EXTENSION OF PROTECTION ORDER
AND NOW, this -'i'J{ day of September, 1999, upon presentation
and consideration of the within petition and upon finding that
the defendant has engaged in a pattern or practice that indicates
continued risk of harm to the plaintiff, the following Order is
entered:
The Protection Order of September 21,1998,entered initially in
the Court of Common Pleas of Northumberland County, Pennsylvania,
at CV-98-712, and docketed in Cumberland County as No. 99-5230,
shall be extended beyond the expiration date of September 21,
1999, such that it remains in effect for one year until September
21, 2000 or until further Order of Court whichever comes first.
A violation of this Order may subject the defendant to: i)
arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint
under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal
contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to
six months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa.C.S. 56114.1. Resumption of co-reeidence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
A hearing shall be field on this matter on the day of
1999, at ' ?.m., in Courtroom No.
Cumberland County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees pending a
further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff fIs request and without pre-payment
of fees, but service may be accomplished under any applicable
rule of civil Procedure.
This Order shall be docketed in the office of the Prothonotary
and forwarded to the Sheriff for service. The Prothonotary shall
not send a copy of this order to the defendant by mail.
The Shippensburg Police and Pennsylvania State Police
Departments will be provided with a certified copy of this order
by the plaintiff Is attorney. This Order shall be enforced by any
law enforcement agency where a violation occurs by arrest for
indirect criminal contempt without warrant upon probable cause
that this order has been violated, whether or not the violation
is committed in the presence of the police officer. In the event
that an arrest is made under this section, the defendant shall
be taken without unnecessary delay before the court that issued
the order. When that court is unavailable, the defendant shall
be taken before the appropriate district justice. (23 Pa.C.S. §
6113).
By the Court,
Kevin ?? Hess, Judge
FS ?.?.:?: ? .?
09 ctiP 21 ?t, ?: 1
P?
?.,.` ,,.?;5
??r.
C.s?, ?,? J: S
Valerie A. Sones, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
V.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5230 CIVIL TERM
Ricky E.Sones,
Defendant PROTECTION FROM ABUSE
PETITION FOR EXTENSION OF
PROTECTION FROM ABUSE ORDER
23 Pa.C.S. §6108(e)
The plaintiff, Valerie A. Sones , by and through her attorney, Joan Carey of Legal
Services, Inc., states the following:
The plaintiff filed a Petition for a Protection Order on September 17, 1998, in
Northumberland County, Pennsylvania, docketed at CV-98-712, and a Protection Order was
entered on September 21, 1998. (See the Order attached as Exhibit A and incorporated herein by
reference.)
2. The Northumberland County order was sent to the Pennsylvania State Police
Registry for statewide enforcement, and when Plaintiff moved to Cumberland County and
Defendant violated the order, the case was docketed under the above captioned number.
3. The plaintiff requests an Extension of the Protection Order for reasons including,
but not limited to, the following:
a. On or about May 2, 1999, Defendant violated the Protection Order by
threatening Plaintiff with bodily injury, swung a bat at her, and attempted to break her
car window with the bat; the Columbia County Court found Defendant guilty of Indirect
Criminal Contempt and sentenced him to 14 days incarceration. See Exhibit B attached
and incorporated herein by reference.
b. On or about August 27, 1999, Defendant made threatening calls to Plaintiff
approximately 13 times on one day and I 1 times on another day; Indirect Criminal
Contempt charges were filed in Cumberland County, and this Court found the defendant
in contempt and sentenced him to six months probation. See Exhibit C attached and
incorporated herein after by reference.
4. Because of Defendant's pattern of continued violent behavior, Plaintiff fears for
her safety and requests that the Protection Order be extended.
WHEREFORE, the plaintiff asks that the Protection Order dated September 21, 1998,
be extended beyond the expiration date of September 21, 1999, such that it remains in effect for
an additional year or until further Order of Court.
Respectfully submitted,
oan Carey
Attorney for Plaintiff
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
l er . e- .51 ,yp a IN THE COURT OF COMMON PLEAS
PLAINTIFF ' OF NOF.Ti IUMBERLAND COUNTY, PA
vs. CIVIL, DIVISION - LAW
nr S ^ PROTECTION FROM ABUSE
DEFENDANT Cv- 58 • 7j7-,
PROPOSED FTN i ORDER OF COURT AND NOW, this -1714 day of ?. 1998, upon consideration of the _Pmtecdon y
From Abuse Hearing's Officer's Report and Recommendadoas, IT IS ORDERED AND DIREC3'En7
that the attached report and rccocimendadons shall be entered as a FINAL ORDER unless Exceprions?'
thereto are filed by either party within ten (10) days after the effective date hereof.
In the event exceptions a:c filed the Temporary Order entered in this matter will remain in full
v force and effect until disposition of die filed Exceptions.
BY THE COURT:
Robert B. Sacavage, President Judge
Effective date -62140.
EXHIBIT
A
Extracted from the records
and certified this 6* day
c U?• A. D. 19?
r,
::- .
Prvvvothonotary
My Commission Expires Firsi
Monday of January, 2002
-y a. er,-e- ra sr ?,.,
PLADTIIFF
vs.
DEFENDANT
' IN THE COURT OF COMMON PLEAS
• OF NORTHUMBERLAND COUNTY, PA
• CIVIL DArISION-LAW
• PROTECIION FROM ABUSE
CV-g8--)lZ
??VCOFFICrR? FpORTA F 011 A JVI\e
Appearances:
?.?•z?JT Rey l
c t r ?,l? -,Esq Attorney -
for Plaintiff
Esq., Attomey for Defendant
Defendant's Name:_ f Q ?? C Q J _ _ _
Defendant's Date of Binh
Defendant's Social Security Number,/!-7 - r y/_ y 5 f Z
Names of All Protected•Persons, including Plaintiff and minor child/rm:
.zr
AND NOW, this L ?
follows: _ day of .I ?, 19H, the Hearing Officer recommends as
Plaintiffs request for a fmal protection order is denied
OR
J Plaintiffs request for a final protection order is granted w,ll,o-J- J.. mss, • m n .}! ?- r
oa P?- Pe4 r,), „4
D fendant shall not abuse, hams, stalk or threaten any of the above persons in anyplace where they
might be found.
(/. Defendant is evicted and/or excluded from the residence at &Z a Qoy ale 1 .(sy j,.._, s-3 (-.or
any other permanent or temporary residence where Plaintiff may live. Plaintiff rs
granted exc usive-j possession of
the residence. Defendant shall have no right or privilege to enter or be present on the premises. AA• Ao n F• g
r.:e ?,4. a> pa-.r•,. "[ + re_? " 4, re. ,J e, ct n•
Ia-4[f? 4{? O 4Y pv -3 C:
----3. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, t g'
Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to
any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away
from the following locations for the duration of this Order: ;-v t t- Co A _ _ . _ . _ r
ck C. /.I r
-Except for such contact with the minor child/rca as may be permitted under Paragraph 5 of this Order,
Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons.
Custody of the minor children
shall be as fol ows: a parties shall have shared legalrcu tody fo the
shall have primary physical custody. t,&„L. I 'P-L.du 44--
follows: /'c J, J;,.wV
f'r) 8S
6. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of
this Order. Any weapons delivered to the Northumberland County Sheriff under Paragraph 6 of the Temporary
Order shall not be returned until further. order of Court
The following additional relief is granted as authorized by Sec. 6108 of the Act:
8. Defendant is directed to pay temporary support for
as follows:
This Order for support shall remain in effect until a final support order is entered by this Court. However, this order
shall lapse automatically if Plaintiff dos not file a complaint for support with the Court within fifteen days of the
date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support
obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in
the final amount of support shall be credited, retroactive to this date, to the appropriate parry.
'+t
shall pay the costs of this action within f i from the date of this
Order.
Payment must be in the form of cash or money order. Personal checks will not be accepted. The costs are as
follows:
550.50 Payable to the Northumberland County Prothonotary's Office, Northumberland County Courthouse,
2nd and Market Streets, Sunbury, Pennsylvania 17801.
S20.00 Copying costs payable to the Northumberland County Hearing Officer's Office, Northumberland
County Courthouse, 2nd and Market Streets, Sunbury, Pennsylvania 17801.
S LIYYPayable to the Northumberland County Sheriff's Department, Northumberland County
Courthouse, 2nd and Market Streets, Sumburyi Pennsylvania 17801,
FAILURE TO PAY THESE COSTS IN FULL WITHIN THE TIMM ALLOWED MAY RESULT IN
ADDITIONAL COSTS AND/OR CONTEMPT.
10. Defendant shall pay S -U) Plaintiff as compensation for Plaintiffs out-of-pocket losses,
which are as follows:
OR
Plaintiff is granted leave to present a petition, with appropriate notice to the Defendant, requesting
recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses,
copies of all bills and estimates of repair, and an order scheduling a holing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
?. BRADY INDICATOR
1. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates C7
has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant.
2. This order is being entered after a bearing of which the Defendant received actual notice and
had an opportunity to be heard
3. Paragraph 1 of this Order has been checked to restraining the Defendant from harassing,
stalking or threatening Plaintiff or protection person(s).
4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected
person(s).
OR
The terms of this Order prohibit Defendant from using, attempting to use, or threatening to
use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily inju.-v.
THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER AND/OR
?_ ANY PRIOR ORDER RELATING TO CHILD CUSTODY
1?3. All provisions of this order shall remain in full force and effect until, lpt .L,ni 4V , I
? 4 9 .9
14. A certified copy of this Order shall be served on the Plaintiff, Defendant) `t`6 i To w,^v?Flue
Department Northumberland County Sheriffs Department, Pennsylvania State Police Registry ( Stonington
Barracks), Northumberland County Children and Youth, Northumberland County Adult Probation and Parole
Department and the Warden of the Northumberland County Prison.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF
INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF NOT LESS THAN
5100.00 NOR MORE THAN 51,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.CS.
SEC. 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CR N[INAL
PENALTIES UNDER THE PENNSYLVNUI CREVIES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THEMMMICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO
UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. SEC. 2265. IF YOU TRAVEL OUTSIDE
OF THE STATE AND INTENTIONALLY VOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SEC. 2261-2262. IF
PARAGRAPH 11 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL
ACT, 18 U.S.C. SEC 922(G), FOR POSSESSION, TRANSPORT Or. RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAVV EPiFORC`G* ti
TKUU
he police who have jurisdiction over the plaintiffs residence OR any location where a. violation of this
occursugh
th OR7where the Defendant may be located, shall enforce this order. An arrest for violations of Paragraphs 1
ro
of this order may be without wanant, based solely on probably cause, whether or not the violation is
committed in the presence of the police. 23 p.c. Sec. 6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the
violation of the Protection Order or during prior incidents of abuse. The Northumberland County Sheriffs
Department shall maintain possession of the weapons until further order of this Court.
When the Defendant is placed under arrest for violation of this order, the Defendant shall be taken to the
appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and
signature are not required to file the complaint,
If sufficient grounds for violation of this Order are alleged, the Defendant shall be anrigned, bond set and
b:th parties given notice of the date of the hearing.
Respectfully submitted,
?t
TiOLER LEWELLYN, ESQ.
D014:E`STIC RELATIONS HEARING OFFICER
If entered pursuant to the consent ofPlaintiff and Defendant
s
Ph' W signature
DefentlanYs
cc: Plaintiff
Defendant
l?e? .af To.o„s.l.- Police Department
Narthumberl= co ty prison
Northumberland County Children and Youth
Northumberland County Adult Probation and Parole
Northumberland County Sberif s Department
Pennsylvania State Police Registry (Stonington Barracks)
SV WPf
Heating Officer
Drrc?r1 rv+1.11 Qa/s?-?Q?^
C I
4 I T1bh 'n Q-S J .
COMMONWEALTH OF PENNSYLVANIA
VS
RICKY E. SONES
APPEARANCES:
IN THE COURT OF COMMON PLEAS
OF THE 26TH JUDICIAL DISTRICT
OF PENNSYLVANIA
COLUMBIA COUNTY BRANCH
CRIMINAL DIVISION
NO. 452 OF 19MC? V
CHARGE: INDIRECT CRIMINAL
CONTEMPT
GARY NORTON, ESQUIRE, Assistant District Attorney for
the Commonwealth of Pennsylvania.
DEANNA PEALER, ESQUIRE, Attorney for Defendant.
AMENDED SUMEN E
AND NOW, to wzt, this 3rd day of September,
1999, upon agreement of the parties, the Court finds the
Defendant in contempt of the Protection from Abuse Order and
sentences the Defendant to undergo imprisonment in the
Columbia County Prison for a period of fourteen (14) days. He
shall receive credit for five days already served.
The Defendant shall serve the balance of his
incarceration in successive terms beginning on Thursday,
September 9, 1999 at 8:00 p.m. through Sunday night at 8:00
p.m. and the successive Thursdays until the term has been
expired. Each term shall be considered as three days.
BY THE COURT,
EE, I1lr EC 11 E 413-
EXHIBIT HONORABLE SCOTT W. NAUS
B
VALERIE A. SONES,
Plaintiff
V.
RICKY E. SONES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-5230 CIVIL TERM
IN RE: PETITION FOR INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 14th day of September, 1999, the
defendant having appeared in court and having admitted to two
counts of indirect criminal contempt, he is thus adjudged, the
court finds further that the text of the phone call involved
threats.
Sentence of the court is that the defendant pay the
costs of prosecution and undergo probation for a period of six
months on condition that he adhere strictly to the terms and
conditions of the existing protective order, and, specifically,
that he have no contact with the Plaintiff of a threatening
nature which does not relate to the custody of their children.
In the event of a violation of this order, a bench warrant will
issue for the defendant's arrest.
By the Court,
. /11
Kevi A. Hess, J.
John A. Abom, Esquire
Assistant District Attorney
William Braught, Esquire
Assistant Public Defender
Probation
Victim-Witness Office EXHIBIT
Sheriff
CCP C
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating
to unswom falsification to authorities.
Dated 1 1
Valerie A. Sones, Plaintiff
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CERTIFICATION OF PEA CONTEMPT
CASE NWHER 9 9 X230
NAME ??n}?? ?. ny,ne,? VICTIM'S NAME:
?IFrie 19onP?
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BALANCE DUE: $ 70.0
/X1,
ADD DELETE
170 STATE SURCHARGE $ $
171 STATE FINE _ $ $
260 SHERIFF COST ($1.50 + ADDTL) $ $
207 DISTRICT ATTORNEY $ 10.00 S
204 COURT COSTS (CLERK OF COURTS) $ 15.00 S
502 RESTITUTION
NAME Pro?hnnc?n r?i mn? $ yg pp $
ADDRESS
CITY STATE ZIP
NAME $ $
ADDRESS
CITY STATE ZIP
NAME $ $
ADDRESS
CITY /STATE ZIP
PROTHONOTARY OFFICE
PERSON CERTIFYING INFORMATION
noa
DATE ?7
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Valerie A. Sones,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Ricky E. Sones,
Defendant
: NO. 99-5230 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this Z7' day of September, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on September 30, 1999, by this Court's Order of
September 21, 1999, is hereby rescheduled for hearing on October 18, 1999, at 4:00 p.m. in
Courtroom No. 4.
The Temporary Extension of the Protection From Abuse Order shall remain in effect for a
period ofone year from the date it was entered or until further Order ofCourt, whichever comes first.
Certified copies of this Order for Continuance will be provided to the Mid-Cumberland
Valley and the Pennsylvania State Police Deapartments by the plaintiffs attorney.
By the Court,
Philip C. Briganti
LEGAL SERVICES, INC.
Attorney for Plaintiff
Kevin A. Hess, Judge
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Valerie A. Sones,
Plaintiff
V.
Ricky E. Sones,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5230 CIVIL TERM
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Valerie Sones, by and through her attorney, Philip C. Briganti of Legal
Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case
on the grounds that:
1. ATemporaryExtensionofthe Protection From AbuseOrderwas issued bythis Court
on September 21, 1999, scheduling a hearing for September 30,1999, at 9:00 a.m.
2. The Cumberland County Sheriffs Department deputized the Montour County
Sheriffs Department who served Defendant with a certified copy of the Temporary Extension of the
Protection From Abuse Order and Petition at his employment, Strick Corporation, on September 27,
1999, at 9 :43 a.m.
3. The parties have reached an agreement and agree that the hearing be rescheduled to
afford them time to sign a consent.
4. The Plaintiff requests that the Temporary Extension of the Protection From Abuse
Order remain in effect for a period of one year from the date it was entered or until further Order of
Court, whichever comes first.
S. Certified copies of the Order for Continuance will be delivered to the Mid-
Cumberland Valley Police and the Pennsylvania State Police Departments by the attorney for the
Plaintiff.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Extension of the Protection From Abuse Order remain
in effect for a period of one year from the date it was entered or until further Order of Court,
whichever comes first.
Respectfully submitted,
?lL2,;)
Philip C. Bfiganti
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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r SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-05230 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SONES VALERIE A
VS.
SONES RICKEY E
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: SONES RICKY
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of MONTOUR County, Pennsylvania.
to serve the within PROTECTION FROM ABUSE
On September 29th 1999 this office was in receipt of
the attached return from MONTOUR County, Pennsylvania.
Sheriff's Costs: So answe
Docketing 18.00 s ?
Out of County 9.00
Surcharqe 8.00 omas ine, eri
DEP. MONTOUR CO 31.30
$bb.JU 09/29/1999
Sworn and subscribed o before me
this 19 day of
1999 A.D.
? ? ro ono a ??
r Sheriffs Return
29 Mill St., Danville, Pa 17821
Phone: 570-271-3020
Fax: 570-271-3026
VALERIE SONES
Plaintiff
Vs.
RICKY E. SONES
Defendant
TEMPORARY EXTENSION OF
PROTECTION ORDER
In the Court Of Common Pleas of
Cumberland County . Penns kania
No. 5230 Term : 1999
Issued: 21 September 1999
Returnable:
Attorney:
Deputization Costs
Now I, Sheriff of Montour County
Pennsylvania, do hereby deputize the Sheriff of County,
Pennsylvania to execute this writ. This deputation being made at the request and risk of the plaintiff.
Sheriff Montour County, Pennsylvania
Affidavit of Service Costs $31.30
CLAIR R. HEATH , Deputy Sheriff for FRED R. SHEPPERSON , Sheriff
of said County, being duly sworn according to law deposes & says that he on the 27TH day of
SEPTEMBER 1999 at 9:43 A.M. served the within TEMPORARY EXTENSION OF
PROTECTION ORDER UPON RICKY E. SONES
personally at : STRICK CORPORATION, OTTAWA,
in the County of MONTOUR , State of Pennsylvania , a true and attested copy of the
within writ, and made known to HIM the contents thereof.
DEFENDANT STATED THAT HE HAS NO FIREARMS.
Sworn to and Subscribe before me this
0- 7 day of 7 c X19
Prothonotary of -)), crrt?Csc,? °
County, Pennsylvania.
Deputy Sheriff l`C
MONTOUR County, Pennsylvania
Sheriff FRED R. SHEPPERSON
MONTOUR County, Pennsylvania
P
MONTOUR COUNTY SHERIFF'S OFFICE
29 MILL ST.
DANVILLE. PA 17621
[Telephone] (570) 271-3020, 3037
Far: (570) 271-3026
--._ _ --_...
TO:
CUMBERLAND COUNTY SHERIFF'S OFFICE
1 COURTHOUSE SQUARE
ICARLISE, PA. 17013
ACCOUNT STATEMENT ,
DATE 27Sep99
DOCKET 5230.99
COUNTYCUMBERLAND
TYPE TEMPORARY EXTENSION
OF PROTECTION ORDER
PLAINTIFF: VALERIE SONES
DEFENDANT: RICKY E. SONES
($31.30)
DUE
MAKE PAYMENT OF BALANCE DUE TO: MONTOUR COUNTY SHERIFF'S OFFICE
r ti.
In The Court of Common PYeas of cumber•land Couniy, Pennsyivania
Valerie A. Sones
vs.
Ricky E. Sones
No. 99-5230 Civil
Now, 9/22/99 , 19_,1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Mon t our County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
ShenffofCumberland County, PA
Affidavit of Service
Now,
within
upon _
19____, at o'clock M. served the
at
by handing to _
a
and made known to
copy of the original
Sworn and subscribed before
me this _ day of , 19
So answers,
the contents thereof.
Sheriff of County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
$
-? - ._.? .,.?.,?? ..., r ??;
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1.
Valerie A Sones,
Plaintiff
Va.
Ricky E. Sones,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 5230 CIVIL TERM
:PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: Ricky E. Sones
Defendant's Date of Birth: 6/23/61
Defendant's Social Security Number: 167-54-4952
Name of the Protected Person: Valerie A. Sones
Ot-ftA"r
AND NOW, this //? day of September, 1999, the court having
jurisdiction over the parties and the subject-matter, it is ORDERED,
ADJUDGED, and DECREED as follows:
Plaintiff is represented by Philip C. Briganti of LEGAL SERVICES,
INC.; Defendant is unrepresented but is aware of his right to have
an attorney. The parties agree that the following may be entered as
an Order of Court. Defendant, although agreeing that an Order may
be entered, does not admit to the allegations made in the Petition.
? Plaintiff's request for a Final Protection order is denied OR
N Plaintiff's request for a Final Protection Order is granted.
N 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff
or any other protected person in any place where they might be
found.
? 2. Defendant is completely evicted and excluded from the
residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] or any other residence where Plaintiff may live.
Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present on
the premises.
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? On [Insert date and time], Defendant may enter the residence to
retrieve his/her clothing and other personal effects, provided that
Defendant is in the company of a law enforcement officer when such
retrieval is made.
® 3. Except in reference to the children, Defendant is prohibited
from having ANY CONTACT with Plaintiff at any location, including,
but not limited to any contact at Plaintiff's place of employment.
Defendant is specifically ordered to stay away from the following
locations for the duration of this Order: Plaintiff's residence
located at 19 Airport Road, Shippensburg, Cumberland County,
Pennsylvania, and any other residence Plaintiff may establish.
® 4. Except in reference to the children, Defendant shall not
contact Plaintiff by telephone or by any other means, including
third parties.
? 5. Custody of the minor children, (names of the children subject
to the provision of this paragraph] shall be as follows: (state to
whom primary physical custody awarded; state terms of partial
custody or visitation, if any] (or see attached custody Order)
® 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor children: Any firearms, shotguns or rifles.
® 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this Order. Any
weapons delivered to the sheriff under Paragraph 6 of this Order or
under Paragraph 6 of the Temporary Order shall not be returned until
further Order of Court.
® 8. The following additional relief is granted as authorized by
56108 of this Act:
a. This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is required to relinquish to the sheriff any
firearm license Defendant may possess. Defendant's weapons and
firearm license may be returned at the expiration of the Protection
order after Defendant has submitted a written request to the Court
for the return of the weapons and the Court has notified Plaintiff
of the request and given Plaintiff an opportunity to respond. A
copy of this Order shall be transmitted to the chief or head of the
police department of Locust Township Police and the sheriff of
Northumberland County.
C. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by Plaintiff.
d. Defendant is enjoined from harassing Plaintiff's
relatives.
? 9. Defendant is directed to pay temporary support for [insert the
names of the persons for whom support is to be paid]
as follows: [insert amount, frequency
and other terms and conditions of the support order]
This Order for support shall remain in effect until a final support
order is entered by this Court. However, this Order shall lapse
automatically if Plaintiff does not file a complaint for support
with the Court within fifteen days of the date of this Order. The
amount of this temporary order does not necessarily reflect
Defendant's correct support obligation, which shall be determined in
accordance with the guidelines at the support hearing. Any
adjustments in the final amount of support shall be credited,
retroactive to this date, to the appropriate party.
? 10. The costs of this action are waived as to Plaintiff and
imposed on Defendant.
? 11. Defendant shall pay $* to Plaintiff as compensation for
Plaintiff's out-of-pocket losses, which are as follows:
OR
? Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the judge or
court to which the petition should be presented] requesting recovery
of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out-of-pocket losses, copies of all bills and
estimates of repair, and an Order scheduling a hearing. No fee shall
be required by the Prothonotary's office for the filing of this
petition.
® 12. BRADY INDICATOR
1.0 Plaintiff or protected person(s) is a spouse, former spouse, a
person who cohabitates or has cohabited with Defendant, a parent of
a common child, a child of that person, or a child of Defendant.
2.? This Order is being entered after a hearing of which Defendant
received actual notice and had an opportunity to be heard.
3.0 Paragraph 1 of this order has been checked to restrain Defendant
from harassing, stalking, or threatening Plaintiff or protected
person(s).
4.0 Defendant represents a credible threat to the physical safety
of Plaintiff or other protected person(s) OR
® The terms of this Order prohibit Defendant from using, attempting
to use, or threatening to use physical force against Plaintiff or
any protected person that would reasonably be expected to cause
bodily injury.
® 13. THIS ORDER SUPERCEDES ® ANY PRIOR PFA ORDER AND ? ANY PRIOR
ORDER RELATING TO CHILD CUSTODY.
® 14. All provisions of this Order shall expire in one year.
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE
OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO
$1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 86114.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIBS
UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN
ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S.
TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACTION, 18 U.S.C. 52265. IF YOU TRAVEL OUTSIDE OF TSZ
STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. IS U.S.C. 55 2261-
2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE
SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(0), FOR
POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence OR
any location where a violation of this Order occurs OR where
Defendant may be located, shall enforce this Order. An arrest for
violation of Paragraphs 1 through 7 of this Order may be without
warrant, based solely on probable cause, whether or not the
violation is committed in the presence of the police. 23 Pa.C.S.
56113.
Subsequent to an arrest, the police officer shall seize all
weapons used or threatened to be used during the violation of the
Protection Order or during prior incidents of abuse. The [insert
the appropriate name or title] shall maintain possession of the
weapons until further order of this Court. When Defendant is placed
under arrest for violation of the Order, Defendant shall be taken to
the appropriate authority or authorities before whom Defendant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall
then be completed and signed by the police officer OR Plaintiff,
Plaintiff's presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this Order are
alleged, Defendant shall be arraigned, bond set and both parties
given notice of the date of the hearing.
BY THE COURT, n
Kevin A. Hess Judge
If entered pursuant to the consent of Plaintiff and Defendant:
Valerie Sones Ricky E. Sones
Plaintifff Pro Se Defendant
(i
Philip C. Brigant?V
Attorney for Plaintiff
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PLAINTIFF
Cumb. CO. ??lo
IN THE COURT OF COMMON PLEAS
OF NORTHUMBERLAND COUNTY, pA
vs. CIVIL DIVISION-LAW
J `tee PROTECTION FROM ABUSE
---? DEFENDANT Cv- 98 • 7/ Z,
PROPO D FINAL ORDER OF COURT
AND NON', this 7/ 4* davof )
1998, upon consideration of ttic
&otection
From Abuse Hearing's Officer's Report and Recommendations, IT IS ORDERED AND DIRECTED-
that the attached report and recornmenciations shall be entered as a FINAL, ORDER unless Exceptions
thereto are filed by either patty within ten (10) days after the effective date hereof.
In the event exceptions are filed the Temporary Order entered in this matter will remain in full
force and effect until disposition of the filed Exceptions..
Effective date Lp71- / f
BY THE COURT:
Robert. B. Sacavage, President Judge
Extracted from the records
and certified this 64 day
of oil -- A. D. 19?7
U Prothonotary
My Commission Expiros First
Monday of January, 2002
qq- gam CU'D
Won
- V o I w r t n. s r 1P IN THE COURT OF COMMON PLEAS
PLAINTIFF ' OF NORTHUMBERLAND COUNTY, PA
vs. CIVIL, DIVISION- LAW
• PROTECTION FROM ABUSE
DEFENDANT CV- eJ 8 - / L
HEARING OFFICER' FPORT AND RECOMMENDATIONS
Appearances:
L? t wl• Q es .<L- , Esq., Attorney for Plaintiff "
r ,,8a. t •-i.r - dalMIFAW , Esq., Attorney for Defendant
Defendant's Name: 4 - e J
Defendant's Date of Birth:_ 61 Z7 /&)
Defendant's Social Security Number: '7 S" `/- V 5.r -
L--Names of All Protected Persons, including Plaintiff and minor child/ren:
tt' ?df'' 1 ? ^?.is
tt -
AND NOW, this
follows: -'7 day of JPfje ",or , 19_a, the Hearing Officer recommends as
Plaintiffs request for a final protection order is denied.
OR
? Plaintiffs request for a final protection order is ranted. "J-
g c-3-s"--N Pr un
k--l-D,fendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they
might be found.
?2. Defendant is evicted and/or excluded from the residence at AR a do alo -i eat c.-ur
any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of
the residence. Defendant shall have no right or privilege to enter or be present on the premises. 44!?- Al AI•. A
rN? -•-4-?a P?Ft..J ?.r-i- /l.,.-r t`Ll..?n d?+ tk tC3 i Cn cR.. n? la?lc(? '{•?... OC4.0bv 310
3. Except for such contact with the minor children as may be permitted under Paragraph 5 of this Order, 19 r
Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including but not limited to
any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away
from the following locations for the duration of this Order: Zv c.e„ L CDJ tP r ,. . I
d c, /--I .lam ?? rw y 7 -
`4. Except for such contact with the mmor children as may be permitted under Paragraph 5 of this Order,
Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons.
of the minor children
snots Inc as follows: The pares shall have shared legal custody of the minor
shall have primary physical custody. kr,l, I 4j,_
follows: shad
3-, 6 1 9:t, . --l-I 1.7) 8S
? 6. Defendant is prohibited from possessing, transferring or acquiring any other weapons for of
this Order. Any weapons delivered to the Northumberland County Sheriff under Paragraph 6 of the Temporary
Order shall not be returned until further order of Court.
7. The following additional relief is granted as authorized by Sec. 6108 of the Act:
n r n.l, I, c" N
8. Defendant is directed to pay temporary support for
as follows:
This Order for support shall remain in effect until a final support order is entered by this Court. However, this order
shall lapse automatically if Plaintiff dos not file a complaint for support with the Court within fifteen days of the
date of tc:s order. The amount of this temporary order does not necessarily reflect Defendant's correct support
obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in
the final amounttoof?port shall be credited, retroactive to this date, to the appropriate party,
?s ll pay the costs of this action within
Order. S 22 C, I from the date of this
Payment must be in the form of cash or money order. Personal checks will not be accepted. The costs are as
follows:
550.50 Payable to the Northumberland County Prothonotary's off-Ice , Northumberland County Courthouse,
2nd and Market Streets, Sunbury, Pennsylvania 17801.
S20.00 Copying costs payable to the Northumberland County Hearing Officer's Office, Northumberland
County Courthouse, 2nd and Market Streets, Sunbury, Pennsylvania 17801.
S' 2, V4 Payable to the Northumberland County Sheriffs Department, Northumberland County
Courthouse, 2nd and Market Streets, Sunbury, Pennsylvania 17801.
FAILURE TO PAY THESE COSTS IN FULL WITHIN THE TIME ALLOWED MAY RESULT IN
ADDITIONAL COSTS AND/OR CONTEMPT.
10. Defendant shall pay $ _to Plaintiff as compensation for Plaintiffs out-of-pocket losses,
which are as follows:
OR
Plaintiff is granted leave to present a petition, with appropriate notice to the Defendant, requesting
recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses,
copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the
Prothonotary's office for the filing of this petition.
?< 1. BRADY INDICATOR
1. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or
has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant.
2. This order is being entered after a hearing of which the Defendant received actual notice and
had an opportunity to be heard.
3. Paragraph 1 of this Order has been checked to restraining the Defendant from harassing,
stalking or threatening Plaintiff or protection person(s).
4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected
person(s).
OR
The terms of this Order prohibit Defendant from using, attempting to use, or threatening to
use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury.
12. THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER AND/OR
ANY PRIOR ORDER RELATING TO CHILD CUSTODY
133 All provisions of this order shall remain in full force and effect until _ 4 nlr ??i ,15.?+?1 .9
X14. A certified copy of this Order shall be served on the Plaintiff, Defendant?'DL'At I- T?'""ice
Department, Northumberland County Sheriffs Department, Pennsylvania State Police Registry ( Stonington
Barracks), Northumberland County Children and Youth, Northumberland County Adult Probation and Parole
Department and the Warden of the Northumberland County Prison.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF
INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF NOT LESS THAN
$100.00 NOR MORE THAN $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SEK MONTHS. 23 PA.C.S.
SEC. 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRUvIINAL
PENALTIES UNDER THE PENNSYLVNIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE-DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO
UNDER THIS VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. SEC. 2265. IF YOU TRAVEL OUTSIDE
OF THE STATE AND INTENTIONALLY VOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. SEC. 2261-2262. IF
PARAGRAPH 11 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL
ACT, 18 U.S.C. SEC 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION.
NOTICE TO LAW ENFOR NInErrrer c
The police who have jurisdiction over the Plaintiffs residence OR any location where a violation of this
occurs OR where the Defendant may be located, shall enforce this order. An arrest for violations of Paragraphs 1
through 7 of this order may be without warrant, based solely on probably cause, whether or not the violation is
committed in the presence of the police. 23 p.c. Sec. 6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the
violation of the Protection Order or during prior incidents of abuse. The Northumberland County Sheriffs
Department shall maintain possession of the weapons until further order of this Court.
When the Defendant is placed under arrest for violation of this order, the Defendant shall be taken to the
appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for indirect Criminal
Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and
signature are not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, the Defendant shall be arraigned, bond set and
both parties given notice of the date of the hearing.
Respectfully submitted,
5MRRE TOLER LEWELLYN, ESQ.
DOMESTIC RELATIOMS HEARING OFFICER
If entered pursuant to the consent of Plaintiff and Defendant:
Plaintiffs signature Defendant's signature
cc: Plaintiff
Defendant
Lo woi 70,0n! Police Department
Northumberland Co ty Prison
Northumberland County Children and Youth
Northumberland County Adult Probation and Parole
Northumberland County Sheriffs Department
Pennsylvania State Police Registry (Stonington Barracks)
SVWIT
Hearing Officer
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PLAINTIFF
N•S.
?I,?.Cky C. 5UN(.,S
DEFENDANT
/?lo • - 59.3oCtZ4"o
-Fe an
IN THE COURT OF COMINION PLEAS
OF NORTHUMBERLAND COUNTY. PA
CIVIL ACTION - LAR'
PROTECTION FROM ABUSE
Cv98-? 91
NOTICE TO PLAINTIFF
1. 1 understand that if I fail to appear at. any hearing for my Protection From Abuse Petition. the
temporary order may be dismissed and that I am responsible for the costs.
2. 1 understand that I have the right to withdraw my Protection From Abuse petition and/or
temporary order and if I do, I may be responsible for the costs.
3. 1 understand that I have the right to request to withdraw or to modify my Protection From
Abuse Order and that this must be done before a Hearing Officer on a scheduled hearing day.
I understand I must appear at the time scheduled for the hearing and may not withdraw the
complaint prior to the hearing.
4. 1 understand that if the defendant violates my Protection From Abuse Order, I can and should
call the local police and report the stiuation..
5. 1 understand that I may need attorney representation at my Protection From Abuse Hearing.
Please ch ose one of the following:
1 have/will contact(ed) Susquehanna Valley Women In Transition to arrange for
free legal representation. Their phone number is (523-6182 or 374-7773) or 1.800.850-7949.
_ I have will contact(ed) Susquehanna Legal Services to arrange for free legal
representation. Their phone number is 286-5687.
I will/have hire(d) an attorney at my own expense.
O?u9 5 ? 98
Plaintiff's Signature ate
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Plaintiff
VS.
?2?e?y E. soA?c-S
Defendant
IN THE COURT OF COMMON PLEAS
? OF NORTHUMBERLAND COUNTY, PA.
* CIVIL DIVISION-LAW
PROTECTION FROM ABUSE
+? CV
NOTICE
TO: _ Fro_!A E. SGNES
DEFENDANT
YOU HAVE BEEN SUED IN COURT BY Y AL" - A - SG nj f
THE PLAINTIFF. ATTACHED IS A COPY OF THE PLAINTIFF'S COMPLAINT AND A
TEMPORARY ORDER. YOU MUST OBEY THE ORDER UNTIL THE HEARING. IF YOU
DO NOT OBEY IT, YOU CAN BE ARRESTED.
IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE
COMPLAINT, YOU MUST APPEAR AT THE HEARING. YOU ARE WARNED THAT IF
YOU FAIL TO DO SO, THE CASE WILL PROCEED WITHOUT YOU AND AN ORDER
FOR ANY FURTHER RELIEF REQUESTED BY PLAINTIFF MAY BE ENTERED
AGAINST YOU. RIGHTS IMPORTANT TO YOU MAY BE AFFECTED.
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 LISTED BELOW FOR FURTHER
INFORMATION.
DOMESTIC RELATIONS HEARING OFFICER
NORTHUMBERLAND COUNTY COURTHOUSE
SUNBURY, PENNSYLVANIA 17801
(717) 988-4172
60Ai IN THE COURT OF COMMON PLEAS
Plaintiff OF NORTHUMBERLAND COUNTI',
PENNSYLVANIA
VS. +f CIVIL ACTION - LAW
-??? ???? S • PROTECTION FROM ABUSE
Defendant a NO.
COMPLAINT FOR PROTECTION FROM ABUSE
1. My name a V (At6j? 61D#\ 02_S , and I am the Plaintiff.
My permanent residence is -Po a(o(v 62ys3ozG
/V (J/'1??1}l.(I?r'!? ?)y I?ounry, PA. I am temporarily staying at
Pa., OR 1 am living at an undisclosed location in this
county for my own protection.
3. 1 am (check one) : __?/an adult (18 years or older)
an emancipated minor born
4. The Defendant is ICi?Cy SG hl G S who resides at ( ?t
GI?zl1 -T- NORi71ZA r3N County,
Pennsylvania. The Defendant is _ not an adult. Defendant's s cial ecu(t'ty
number is ? ? J - N - JI ?? Defendant's date of birth is (01
5. The Defendant and I A 7-L- ll A Z_IZT-E D
(State your relationship with Defendant).
6. The following minor child (ren) reside (s) with me:
Name
C7 C. SoNjts
ILy E.J. SaN£s
IDS / IL(. 60N?S
Relationship
Age
iC_ to me
A
lLi A?
A E /1
i t ?LCc? .e
Relationship
to Defendant
/14-m
cwj
011VOV ACr?l
-A cm
7. I have no knowledge of any custody proceeding concerning the above-listed child (ren) in
any court in this or another stpt4 except:
8. I am fearful that the child (ren) and /or I are/am in imminent and present danger of further
abuse from Defendant.
-'fFlR- rt V? 3cz->v s?-_t? A- A??izc?+c??ul??-cy tuo .
SiNC? i}l T TLU c E I P&F; -N DA N i "S C't)N7n1UCUSU1 OlatlSS b
AND 5i71UcE ?iLA NZF? AFrwot2tcl A-rWLA wCCII-Hei'Vs IZ"-45!?
ANA [-tSC?t,N?fLE. tl??1Sl1fLf?N?u H'?IZ IZE?(a41Z1?Ly.
g-jv bj IBS At ? tzsz?su ( AND ?trysr ? wz n ??s?, 11A=^Pzff?
zs &Y?-k tL-tu«y ?->? f rr _«ysz S f"'
9. A brief description of the most recent incident of physical or sexual abuse, threats, false
imprisonment, stalking, or child abuse committed by Defendant against me and/or the child
(rcn oll w
Date l? Time pKl Location_ 15tV? t?+
niDAc. ) AN D LAIN - lL, , 7D 60LiAN&C UH=L.DZ&?J
I H6 CIOUtuL- Of L-X_HANCGE, A V-tu3A-L
LJJ t7 1"\rNC) L C ti-Lt_p
T? A iZo1)G i-k d,(A N NC-r? $ ?j i
51i 9 2t?t? IZ.'-? i
NreIiaL(A oU• aF
?1,6 it-' I LLPN t3Y SAy:
10 Brief description of past incidents of abuse committed by Defent cant against me
child (rcn) follow. State approximate date (s). Use additional sheets if necessar
SOU-7
A. Date 141100b Time 17fb\Mf\l Location Cu &_90ZL
H2ova1D 7)t
DA-N i ALSO
B. Date
the
`d -M fLeATJ-YJ(-_b Z 1-t= ?(ArN rf"?.
A Hill- CF SPlAaCSI. /ti ?CATi ?G.
Ey(ainlG Location GGLy13L7LG
p(.YL-nfDFYrJ' W('N i 1T 6U,tir ?997N6-r ANA T1tRt,?7Z?? TD
K-ut CvirrtyoNZ
11. Defendant has used or threatened to use the following aponsagainst me and/or the
child (ren) : (describe weapons) QL2 ?? ?. ? F_6 (w_r y 1959
12. 1 ask for temporary support, out-of-pocket expenses for relocation, injuries or losses,
attorney fees, costs, property damage, and such other relief as authorized bylaw to be
determined at the hearing.
WHEREFORE, Plaintiff asks this Court to schedule a hearing and enter a temporary order:
(x) Requiring defendant to refrain from abusing, harassing, stalking, threaten, or
arming Plaintiff (and the minor child (ren);
( ) Excluding the Defendant from the residence at
and granting exclusive possession to
Plaintiff, or;
( ) Granting Plaintiff exclusive possession of her separate residence and ordering
fb?fendant t to stay away from it.
(Y) Prohibiting Defendant from having any contact with the Plaintiff (and the minor
d(ren).
.
( ) Prohibiting Defendant from entering the school or place of employment of the
1 intiff or the minor child (ren).
(V) Granting temporary custody of the minor child (rcn).
"I FY??fL iN EIC'N? ?G , I F?'" DPrnl ? OAU-0 1?CAiN ZFF'S k (G71 f^c-2
2Anll7iu?7?1Z-Y1. NA-u..y,A' iUPKA UEFE-rvb/I"j
AWD
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eoYVu?: ¢? c2?+ ?` k? w1 a.
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Ordering Defendant to surrender his current gun permit and weapons to the
A h riff.
O Ordering Defendant not to acquire or possess any weapons for the duration of
r Order.
eEn ??t ? ut l?a? (71 At0S(L? I lpa Lvrh Ef n
oata?1X? Respectfully submitted. ?aLC(Q1Li ?LUUL6"rs
Plaintiff
VERIFICATION
1 verify that the statements made in the foregoing Complaint for Protection From Abuse
are true and correct. 1 understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. 4 ?04 relating to unswom falsift ion to authorities.
Date: U S I ? ?, , t, ¢Lj
Plaintiff
Plarnuf
VS.
•? t
N.Lf/
Defendant
• IN THE COURT OF COMMON PLEAS
• OF NORTHUMBERLAND COUNTY, PA.
? CIVIL DIVISION-LAW
+R PROTECTION FROM ABUSE
t? CV
TEMPORARY ORDER
AND NOW. this /S _bb day of , 19?L upon review of the Plaintiffs
complaint in an ex pane proceeding it is ORDEREED AND DIRECTED that:
Defendant shall not initiate contact with Plaintiff (or the minor children) and
shall not abuse, threaten, harass, stalk or harm Plaintiff or the minor child/ren at her residence,
place of employment, child/ren's school or elsewhere.
2. Defendant shall be excluded from Plaintiffs residence at A GtAu V4k"r
Jlln, OR at any undisclosed location until further
Order of this Court.
3. Plaintiff may proceed without prepayment of costs, which will be assessed at the
hearing.
(Defendant) (Plaintiff) is permitted to return to the residence to obtain (his) (her)
(the minor children's) personal clothing if accompanied by a
Police Officer for a period of twenty (20) minutes. Reasonable efforts shall be made to arrange
such a return at a time convenient to all parties.
5. Defendant shall turn his keys to the residence over to the Sheriff of Police. who
may give them to the Plaintiff.
Plaintiff shall have custody of the following children until further Order of
Defendant shall turn over all weapons and current Gun Permit to the Sheriff of
Northumberland County. The Defendant shall not acquire or possess any weapons until further
.
Order of Court
$• The IW- Police (Department/Barracks) and any other law
enforcement agency within the Commonwealth are hereby Ordered to use any and all reasonable
means necessary to enforce this Order. Law enforcement personnel are hereby advised that a
failure to serve this Order shall not stay its effect, 23 Pa. C. S. 6106 (f ). Violation will subject
the Defendant to arrest under 23 Pa. C. S. 61 13 or Contempt of Court under 23 Pa. C. S. 6114,
Resumption of co-residency on the part of Plaintiff and Defendant shall not nullify the
provisions of this Order.
9. Defendant's violation of this order, upon information from the Plaintiff, may be
regarded as the basis for a charge of Indirect Cnminal Contempt of Court . If convicted,
Defendant may be sentenced to pay a fine of not less than $100 nor more than $1,000. Or to a
prison term of not more than six (6) months or both. The court may also award any relief
authorized by the Act, including a direction to the Defendant to pay reasonable attorney fees.
10. Service of the foregoing complaint and Order shall be made by the {y
Northumberland County Sheriffs Office, Plaintiff, Defendant, 1J Z&Police
Department, Sheriffs Office, Pennsylvania State Police Registry and the Warden of the
Northumberland County Prison.
This Order shall remain in full force and effect until the matter is disposed of by further
Order of Court. A hearing will be held before Hearing Master Sherre Lewellyn, Esquire on the
a_L day of , 19at 0 M, at the Northumberland
County Courthouse, Sunbury, Pennsylvania.
TIES IS AN ORDER OF COURT. ANY VIOLATION OF THIS ORDER SHALL
CONSTITUTE CONTEMPT OF COURT AND MAY BE PUNISHABLE BY A FINE NOT
LESS THAN $100 AND NO MORE THAN $1,000 AND A JAIL SENTENCE OF UP TO
SIX MONTHS.
In all cases, regardless of whether a settlement by consent agreement has been reached
the parties must annear at the time scheduled for the hearine If the case is uncontested, a brief
Court Appearance will be reauired at which time a final Order will be entered which contains the
terms agreed to by the narties. If the case is contested a hearing will be held
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Northumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the Court,
please contact the Hearing Officer's Office at (717) 988-4172. All arrangements must be made
72 hours prior to any hearing or business before the Court. You must attend the conference of
hearing.
BY THE COURT:
Judge
CC: Plaintiff
Defendant,, ?-,
`AAW S Police Department
NCP
NCSD
PA State Police Registry (Stonington Barracks)
SVWIT
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qq 5a?t; ?OTerm
IN THE COURT OF COMMON PLEAS
OF NORTHUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VALERIE A. SONES, ' CV-98-712
PLAINTIFF '
VS. '
RICKY E. SONES, ' PROTECTION FROM ABUSE
DEFENDANT '
ORDER -?'
AND NOW, this day of September, 1998 upon consideration of the within Praecipe, it is'
ORDERED that a hearing is scheduled for the 17th, day of September. 1998, at 9:30 O'clock, A. M. in the
Jury Room of the Northumberland County Courthouse, 2nd and Market Streets, Sunbury, PA 17801.
BY THE COUJtT:
Robert B. Satavage. P. J
'A W-
VALERIE A. SONES, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF NORTHUMBERLAND COUNTY, PA
: CIVIL ACTION - LAW
Vs.
PROTECTION FROM ABUSE
RICKY E. SONES,
DEFENDANT NO. CV-98-
PRAECIPE FOR HEARING
1. A hearing was scheduled for May 21, 1998, on
Plaintiff's Petition for Protection From Abuse.
2. A continuance was requested for said hearing due
to the Defendant's father's poor health.
3. A hearing has not been re-scheduled on this
matter.
WHEREFORE, Plaintiff requests a hearing be scheduled
on her Petition for Protection From Abuse.
.J
Respectfully submitted;
` i
Elizabeth M. Beswick, Esquire
Attorney for Plaintiff
ID #77143
424M Market Street
Lewisburg, PA 17837
(717) 524-7881
i
JAMES A. KISE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
V. : CIVIL ACTION - LAW
PENNSYLVANIA OFFICE SERVICES
GROUP and LINDA TILL, NO. 99-5210 Civil Term
Defendants
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw the appearance of Richard C. Gaffney, Jr., MBA, Esquire and Smigel,
Anderson, & Sacks, LLP, as counsel to James A. Kise in the above-captioned matter.
Respectfully Submitted,
SMIGEL, ANDERSON & SACKS, LLP
By:lam- C4 t
Richard C. Gaffney, Esquire
I.D. #63313
River Chase Office Center, P Floor
4431 N. Front Street
Harrisburg, PA 17110-1709
Attorney for Plaintiff
r r
CERTIFICATE OF SERVICE
On this Li day of June 2004, the undersigned hereby certifies that she has served a
true and copy of the foregoing document to counsel for the Defendant, via First Class United
States mail, to the following address:
Glen R. Davis, Esquire
Latsha, Davis & Yohe, PC
P.O. Box 825
Harrisburg, PA 17108-0825
VIA CERTIFIED MAIL
James A. Kise
612 Piper Court
Myrtle Beach, SC 29588
SMIGEL, ANDERSON & SACKS, LLP
1
By: 1Llu 'N- C(, ' 1z)
Jeff fifer L. Btxler, Legal Assistant to
Richard C. Gaffney, Jr., MBA, Esquire
?. 3
-
1
0
I .
NANCY B. L.AUBACH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
HENRY LINE d/b/a LINE & LINE
JEWELERS,
DEFENDANT : 00-2829 CIVIL TERM
VERDICT
AND NOW, this day of June, 2004, following a bench trial, I
find in favor of plaintiff, Nancy B. Laubach, and against defendant, Henry Line d/b/a Line
& Line Jewelers, and award plaintiff damages in the amount of $2,000 with costs and
legal interest from March 1, 2000.
By the Court,
Edgar];-. Bayley,
Jacqueline M. Verney, Esquire
For Plaintiff
Joseph B. Sobel, Esquire
For Defendant
2:.? ?_ 3o.bY
tAr" m+
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1
JUN 0 8 20rul
f
JAMES A. KISE,
Plaintiff
V.
PENNSYLVANIA OFFICE SERVICES
CROUP and LINDA TILL,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 99-5210 Civil Term
ORDER
AND NOW, this -A day of J r , 2004, upon consideration of Attorney's
Petition for Leave to Withdraw Appearance, and Respondent's and Defendants' failure to file a
response thereto after having been directed to do so by a Rule to Show Cause issued by this
Court on May 11, 2004, it is ORDERED that the Rule is made Absolute. Attorney is granted
leave of court to withdraw appearance within _O days of this Order.
mPan...tiac ,n ?fF •+ pJainriff an oq ortmiity to obtain other couneeta x ,
11
BY THE COURT:
C
("de
J
JAMES A. KISE,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
NO.99-5210 Civil Term
PENNSYLVANIA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants
PETITION TO MAKE RULE ABSOLUTE
AND NOW, COMES Richard C. Gaffney, Jr., MBA, Esquire and Smigel, Anderson, &
Sacks, LLP, attorneys of record for the Plaintiff, James A. Kise, who petition this Honorable
Court under Pa.R.Civ.P. Rule 1012 for leave to withdraw appearance as counsel, and who, in
support thereof, avers the following:
1. On May 7, 2004, Attorney filed a Petition to Withdraw Appearance. A time-
stamped copy of the Petition is attached hereto as Exhibit "A."
2. On May 13, 2004, Attorney's Legal Assistant served a true and correct copy of
the Petition on Plaintiff and counsel for the Defendants. Attorney's Certificate of Service is
attached hereto as Exhibit "B."
3. On May 11, 2004, this Honorable Court issued an Order and Rule on Plaintiff and
Defendants to show cause, if there by any, why attorney's petition should not be granted.
4. The Rule to Show Cause was returnable twenty (20) days from the dale of
service.
5. The Rule was served by the Prothonotary on May 13, 2004.
6. Twenty (20) days from the date of service was June 2, 2004.
On June 4, 2004, Attorney's Legal Assistant telephoned the Prothonotary and
found that neither Respondent nor the Defendants filed a response to the Rule.
8. No cause has therefore been shown that Attorney's Petition should not be granted.
9. Client's case will not be prejudiced by Attorney's withdrawal from the case.
10. Attorney should be permitted to withdraw from the representation of Client in the
above-captioned action in order to afford the Client the opportunity to secure other
representation.
WHEREFORE, Attorney prays this Honorable Court to make the Rule Absolute and
grant Attorney Leave to Withdraw Appearance.
Respectfully Submitted,
SMIGEL, ANDERSON & SACKS, LLP
By: ?1,%_ .IQ-cQ
Richard C. Gaffe , A, Esquire
Supreme Court I.D. #63313
River Chase Office Center, 3`u Floor
4431 N. Front Street
Harrisburg, PA 17110-1709
Attorney for Plaintiff
JAMES A. KISE,
Plaintiff
V.
PENNSYLVANIA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
CIVIL ACTION- LAW
NO. 99-5210 Civil Term
CERTIFICATE OF SERVICE
On this a day of , 2004, the undersigned counsel hereby certifies that the
attached Petition to Make Rule Absolute was served on the Plaintiff, James A. Kise, and on counsel
for the Defendants, Glen R. Davis, Esquire, in accordance with Pennsylvania Rules of Civil
Procedure by postage prepaid United States First Class Mail, Requested at the following addresses:
James A. Kise
612 Piper Court
Myrtle Beach, SC 29588
Glen R. Davis, Esquire
Latsha, Davis & Yohe, PC
P.O. Box 825
Harrisburg, PA 17108-0825
By:''
Richard C. Gaffney, Jr., , Esquire
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(, CV J
P i MAY 1 1 2004 ?/ I n
JAMES A. KISE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
V. CIVIL ACTION- LAW
PENNSYLVANIA OFFICE SERVICES %t0
GROUP and LINDA TILL, NO. 994140-Civil Term
Defendants
RULE TO SHOW CAUSE
AND NOW, this -6L day of M ?> ? 2004, upon
consideration of the attached Petitk n?fo¢ Lepvetio Withdraw Appearance, a RULE is
2 •, u 5
hereby issued on JAMES A. KISE to show cause, if any there be, why the relief
requested by Petitioners should not be granted.
RULE RETURNABLE ?i0 DAYS FROM SERVICE.
OR-
RULE RETURNABLE AT HEARING ON THIS MATTER SCHEDULED FOR
THE _ DAY OF 2004, AT O'CLOCK _.M.,
COURTROOM NO. COUNTY COURTHOUSE,
PENNSYLVANIA.
4
Rv ruc rnrrur.
12 }.i, iJ Lj
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 99-5120 Civil Term
ORDER
AND NOW, this day of 2004, upon consideration of
JAMES A. KISE,
Plaintiff
V.
PENNSYLVANIA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants
Petitioner's Petition for Leave to Withdraw Appearance, it is ORDERED that Petitioner is
granted leave of court to withdraw appearance within days of this Order. All
proceedings to stay meanwhile to afford Respondent an opportunity to obtain other
counsel.
BY THE COURT:
J.
JAMES A. KISE,
Plaintiff
V.
IN THE. COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PENNSYLVANIA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants
NO, 99-5120 Civil Term
PETITION FOR LEAVE
TO WITHDRAW APPEARANCE
AND NOW, COMES Richard C. Gaffney, Esquire and Smigel, Anderson, &
Sacks, LLP (individually and collectively referred to herein as "Petitioner"), counsel of
record for the Plaintiff, James A. Kise (hereinafter "Respondent"), who petitions this
Honorable Court under Pa.R.Civ.P. Rule 1012 for leave to withdraw appearance as
counsel, and who, in support thereof, avers the following:
Petitioner is counsel of record for Plaintiff, James A. Kise.
2. Respondent, James A. Kise, resides at 612 Piper Court, Myrtle Beach, SC
29588.
3. Irreconcilable differences have arisen between Petitioner and Respondent.
4. At this point in the attomey-client relationship, it is impossible for
Petitioner to adequately represent Respondent's interests.
5. Respondent has ample time to secure other legal representation.
6. None of the parties will be prejudiced by Petitioner's withdrae al from this
case.
7. The undersigned attorney contacted Latsha, Davis & Yohe, PC, Counsel
of Record for Defendants Pennsylvania Office Services Group and Linda Till and sought
concurrence in this Motion, and was informed that Defendants' counsel does not object to
this Motion.
g. Service of Notice of this Petition is being served on each party pursuant to
Pa.R.Civ.P. No. 440.
WHEREFORE, Petitioner respectfully prays this Honorable Court for leave to
withdraw appearance in the above-captioned action.
Respectfully submitted,
SMIGEL, ANDERSON, & SACKS, LLP
By: 1L It. mac
Richard C. Gaffney, MBA, Esquire,
I.D. No. 63313
River Chase Office Center
4431 North Front Street
Harrisburg, PA 17110-1709
Telephone: 717-234-2401
JAMES A. KISE,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
N0.99-5120 Civil Term
PENNSYLVANIA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants
CERTIFICATE OF SERVICE
On this 7l'' day of M?M -, 2004, the undersigned counsel hereby certifies
that the attached Motion for Leave to Withdraw Appearance was served on the I'lainlifT,
James A. Kise, and on counsel for the Defendants, Glen R. Davis, lisquire, in accordance
with Pennsylvania Rules of Civil Procedure by postage prepaid I Inited States Pirst Class
Mail, Requested at the following addresses:
James A. Kise
612 Piper Court
Myrtle Beach, SC 29589
Glen R. Davis, lisquire
Latsha, Davis & Yohe, PC
P.O. Box 825
Harrisburg, PA 17108-1825
By:__?_ ?.1..-?
Itichard C. (iaffirny . BA, Esquire
_ r.)
fr N L_
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tom.;.
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JAMES A. KISE,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PA OFFICE SERVICES GROUP,
AND LINDA TILL
DEFENDANTS
NO.99-5210 - Civil
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Kenneth A. Wise, Esquire, as attorney for James A.
Kise in the above-captioned matter.
Date: Z? TUh! o7i•? ?/ ?
j
Kenneth A. Wi e, Esquire
Law Office of Kenneth A. Wise
126 Locust Street
Harrisburg, PA 17108-1489
ENTRY OF APPEARANCE
Please enter the appearance of Richard C. Gaffney, Esquire, as attorney for James A. Kise
in the above-captioned matter.
Date: O iS zu, z ' L ?j }„ uL CQ4.Lt
Richard C. Gaffney; EWif
The Law Offices of Richard-42i Gaffney
2120 Market Street
Suite 101
Camp Hill, PA 17011
t ?' E
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7
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
V.
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants
No. 99-5210 - Civil
CIVIL ACTION - LAW
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed new matter within twenty (20)
days from the service hereof or your Second Amended Complaint may be dismissed.
LATSHA DAVIS & YOHE, P.C.
Dated: -7//2 a
By:
Glenn R. Davis
Attorney I. D. No. 30140
Chadwick O. Bogar
Attorney I. D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendants,
Pennsylvania Office Service Group and
Linda Till
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
V. No. 99-5210 - Civil
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants CIVIL ACTION - LAW
DEFENDANTS' ANSWER WITH NEW MATTER TO
PLAINTIFF'S SECOND AMENDED COMPLAINT
AND NOW, COMES, Defendants, Pennsylvania Office Service Group and Linda
Till, and files the foregoing Answer with New Matter to Plaintiff's Second Amended
Complaint, and in support thereof, provides as follows:
Parties
1. Admitted.
2. Admitted. It is admitted that Pennsylvania Office Service Group, Inc.,
referred to as Pennsylvania Office Service Group (hereinafter referred to as "POSG") in
the Second Amended Complaint, is a Pennsylvania corporation with principal business
address located at 309 South Tenth Street, Lemoyne, Cumberland County,
Pennsylvania. The remaining averments of this paragraph constitute a conclusion of
law to which no responsive pleading is required.
3. Admitted in part. It is admitted that Defendant, Linda Till, an adult
individual, is the president of Defendant, POSG, which corporation does business at
that address. The remaining averments of this paragraph constitute conclusions of law
to which no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are specifically denied.
4. Admitted.
COUNTI
5. Admitted in part. It is admitted that Plaintiff was employed by Defendant
POSG, between approximately July 13,1998, and June 14,1999. The remaining
averments of this paragraph constitute a conclusion of law to which no responsive
pleading is required.
6. Denied. The June 22,1998, letter does not set forth "the general terms and
conditions" of employment but rather provides guidelines for the initial structure of
compensation which is further subject to the practices established by Defendant POSG,
as well as the employment policies of the company as they pertain to an at-will
employee.
7. Denied. See Defendants' response to Paragraph No. 6.
8. Denied. At the time of separation, Plaintiff had been compensated all
compensation owed to him by Defendant POSG. The referenced Exhibit "B" appears to
be a document generated by Plaintiff which is replete with inaccuracies, false
statements and fraudulent representations. Moreover, Plaintiff's representation that
Defendants are withholding documents from him, thereby rendering him "unable" to
state a claim for relief, is woefully untrue. Defendants provided Plaintiff with all
documents requested by him during the initial discovery phase of this litigation. That
6&XM.1 2
notwithstanding, Plaintiff is still unable to state with any detail whatsoever the sales
upon which he claims commissions are owed to him.
9. The averments contained in this paragraph are conclusions of law to
which no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied and strict proof at time of trial is demanded.
10. The averments contained in this paragraph are conclusions of law to
which no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied and strict proof at time of trial is demanded.
11. The averments contained in this paragraph are conclusions of law to
which no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied and strict proof at time of trial is demanded.
WHEREFORE, Defendants, Pennsylvania Office Service Group and Linda Till,
respectfully requests this Honorable Court enter judgment in their behalf and against
Plaintiff, James A. Kise, awarding costs and such other relief as appropriate on behalf of
Defendants and against Plaintiff.
COUNT II
12. Defendants incorporate by reference paragraphs 1 through 11 of this
Answer as though same were fully set forth at length herein.
[13.] [Sic - omitted by Plaintiff.]
14. Denied as stated. It is admitted that as a result of Plaintiff's efforts,
customers placed sales orders with Defendant POSG during Plaintiff's period of
employment. It is specifically denied, however, that Plaintiff was not paid all
auxu.t 3
commissions for those sales orders which were in fact placed as a result of his efforts
prior to his termination by Defendant POSG for sexual harassment by several of its
employees, insubordination and other work rule violations.
15. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied and strict proof at the time of trial is demanded.
16. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied and strict proof at the time of trial is demanded.
17. Denied. Defendants deny that any compensation is owed to Plaintiff.
Plaintiff has been provided with his sales receipts, yet he remains unable to state with
any detail his claim but instead he estimates the monetary value of his alleged efforts.
Strict proof at the time of trial is demanded.
WHEREFORE, Defendants, Pennsylvania Office Service Group and Linda Till,
respectfully requests this Honorable Court enter judgment in their behalf and against
Plaintiff, James A. Kise, awarding costs and such other relief as appropriate on behalf of
Defendants and against Plaintiff.
68(x)4.1
NEW MATTER
18. Defendants incorporate by reference paragraphs 1 through 17 of this
Answer as though same were fully set forth at length herein.
19. There is no written contract of employment between Defendant POSG and
Plaintiff which guarantees employment for any length of time or under specific terms or
conditions except for the letter of Defendant POSG setting forth an offer of employment
which was attached to the First Amended Complaint as Exhibit "A"
20. During the initial six-month probationary period of Plaintiff's
employment, he was compensated on the basis of a $30,000 fixed annual salary.
21. After Plaintiff completed his initial six-month probationary period, he
became a commissioned employee on or about January 13,1999, under the commission
structure which was in place and practiced by Defendant POSG in the time period 1999.
22. After the initial six-month probationary period of Plaintiffs employment
with Defendant POSG, he received draws against his sales commission earnings, which
draws were calculated based upon an annualized salary of $30,000.
23. During his employment with Defendant POSG, Plaintiff generated sales
which resulted in commission income which sales were recorded and commissions
calculated by Defendant POSG and provided to Plaintiff on a periodic basis.
24. Plaintiff's commissions, which were reported to him by Defendant POSG
periodically during his employment with Defendant POSG, were not questioned nor
their accuracy challenged by him during his employment.
6&X)4.t
25. On June 14, 1999, at the time Plaintiff was terminated by Defendant POSG,
his earned commissions were reported to him as not having exceeded his draw.
26. Defendant POSG has not, to date, sought a set-off for the draw payments
received by Plaintiff in excess of Plaintiff's earned commissions.
27. Plaintiff remained throughout his employment with Defendant POSG an
at-will employee.
28. All compensation earned by Plaintiff has been paid by Defendant POSG in
a timely manner in accordance with the payroll procedures of the corporation.
29. During his period of employment with Defendant POSG, Plaintiff was
compensated for his services by Defendant POSG in accordance with the practices set
forth in the June 22, 1998, letter.
30. Between January 1, 1999, and his termination, Plaintiff received
compensation from Defendant POSG in the sum of $13,846.20.
31. Between January 13,1999, and his termination, Plaintiff received draws in
the amount of $12,923.13 which were to be accounted against his earned commissions.
32. Between January 13, 1999, to the date of this Answer, Plaintiff earned
commissions in an amount of $12,305.19, an amount less than his draw of $12,923.16.
33. Throughout his period of employment with Defendant POSG, Plaintiff
was provided with various support services and administrative support by Defendant
34. During Plaintiffs employment by Defendant POSG, he engaged in
personal conduct which was detrimental and harmful to the interests of his employer.
68004.1
35. Based upon information and belief, Plaintiff's actions including failure to
perform his job, using threats of violence and/or acts of harassment caused Defendant
POSG to lose clients or potential clients as well as exposing Defendant POSG to liability
from its employees and clients.
36. Plaintiff is not entitled to damages requested in the ad damnum clause of
the complaint.
37. Plaintiff has failed to state a claim upon which relief can be granted.
38. Count II of Plaintiff's Amended Complaint is in contravention of this
Honorable Court's Opinion and Order granting his motion to amend his first amended
complaint.
39. Plaintiff has failed to state a claim upon which relief can be granted
against Defendant Till in Count II of his Amended Complaint.
[the remainder of this page left intentionally blank]
6&X)4.1 7
WHEREFORE, Defendant, Pennsylvania Office Service Group,
respectfully requests that this Honorable Court enter a judgment in its favor and against
Plaintiff, James A. Kise along with such other relief as this Honorable Court deems just
and appropriate.
Dated: V j ZIG i
Respectfully submitted,
LATSHA DAVIS & YOHE, P.C.
B ? .
Glenn R. Davis
Attorney I. D. No. 31040
Chadwick O. Bogar
Attorney I.D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendants, Pennsylvania
Office Service Group and Linda Till
M(X)4.1
FROM : POSG
FAX NO. : 7177635652 Jul. 12 2001 02:50PM P2
07/12/2001 14:91 FAX 7177812288 LatHha,Davls&Yohe Q011
M-IF CI ATION
The undersigned hereby verifies that the statements of fact in the foregoing are
true and correct to the best of my knowledge, information and belief. I understand that
any false statements therein are subject to the penalties contained in 18 Pa. C_ S. § 4904,
relating to unworn falsification to authorities.
Dated: Z
dm.,,J?.L
Linda Till, esident
Pennsylvania Office Services Group
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Defendants' Answer with New Matter to Plaintiff's Second Amended
Complaint has been served via first-class United States mail, postage prepaid, upon the
following:
Kenneth A. Wise, Esquire
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17107-1489
Dated: `Y/G/6/ Il anaj, n V'? .u4Ult?
Deborah A. Peterson
Legal Secretary
_i
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
CIVIL ACTION - LAW
No. 99-5210 CIVIL
V.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
Defendants 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.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 N. Front Street
Harrisburg, PA 17101
(717) 232-7536
NOTICIA
Le han demandado a usted en la cone. Si usted quicre def'enderse de estas demandas
expuestas en las paginas siguientes, usted ticne viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presenter una aparieneia escrita o en persona o por abogado
y archivar en la cortc en f'omw escrita sus defonsas o sus objections a [as demandas en contra de su
persona. Sea avisado que si usted no se deliende, la cortc tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demands. Usted puede perder dincro o sus propiedades o ostros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMF..DIATAMENTE. SI NO TIENE
ABOGADO O S! NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQU?R
ASISTENCIA LEGAL.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 N. Front Street
Harrisburg, PA 17101
(717) 232-7536
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
CIVIL ACTION -- LAW
No. 99-5210 CIVIL
V.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
Defendants JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO THE WITHIN DEFENDANTS:
You are hereby notified to file a written response to the enclosed Second Amended Complaint
within twenty (20) days from service hereof or a judgment may be entered against you.
Date:
i 06"/
Wise, tsquire
Id. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Attorney for Plaintiff
IN THE. COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
CIVIL ACTION -- LAW
No. 99-5210 CIVIL
V.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
Defendants JURY TRIAL DEMANDED
SECOND AMENDED COMPLAINT
NOW COMES Plaintiff, James A. Kise, by and through his attorney, Kenneth A. Wise,
and files the following Complaint against Defendants, Pennsylvania Office Service Group and
Linda Till, averring:
Parties
1. Plaintiff, James A. Kise, is an adult individual residing at 27 N. 7`h Street, Columbia,
Lancaster County, Pennsylvania.
2. Defendant, Pennsylvania Office Service Group ("POSG"), is a corporation duly
authorized and existing under the laws of the Commonwealth of Pennsylvania with its principal
place of business at 309 S. I0'h Street, Lemoyne, Cumberland County, Pennsylvania. Defendant
POSG is an "employer" as defined by the Pennsylvania Wage Payment and Collection Law, 43
P.S. §260.2a.
3. Defendant. Linda Till, an adult individual doing business at 309 S. I0'h Street,
Lemoyne, Cumberland County, Pennsylvania. Defendant Till was, at the times hereinafter
mentioned, the President of Defendant POSG. As such, Defendant Till is an "employer" as
defined by the Pennsylvania Wage Payment and Collection Law, 43 Pa. C.S. § 260.2a.
COUNTI
4. The amount claimed in the instant action exceeds the jurisdictional amount requiring
arbitration referral by Local Rule of Court.
5. Plaintiff was employed by Defendant POSG as a sales representative from
approximately July 13, 1998 until June 14, 1999. As such, Plaintiff was an "employee" as that
term is used in the Pennsylvania Wage Payment and Collection Law. 43 P.S. § 260.1, et seq.
6. The general terms and conditions of the Plaintiff employment with Defendant POSG
are set forth in a letter dated June 22, 1998, from Defendant Till to Plaintiff, a true and correct
copy of which is attached hereto as Exhibit "A" and incorporated herein.
7. In early March 1999, Defendant Till advised Plaintiff that commencing immediately,
he would be compensated on a "draw against commission" basis. Under this arrangement,
Plaintiff would receive the higher amount of either a draw of $30,000.00 per year, payable in bi-
weekly installments, or bi-weekly commissions of twenty-five percent (25%) of the gross profit
on manufacturer billings, and thirty-three (33%) of the gross profit on POSG billings. Plaintiff
agreed to continue his employment with Defendant POSG on the above "draw against
commission" basis.
8. At the time of Plaintiffs separation from employment with Defendant POSG, he was
owed approximately $47,019.55 in commissions which remains unpaid. Although Plaintiff is
unable to state the exact amount owed to him by Defendants since same can be determined only
by reference to certain documents which are in the exclusive possession, custody and/or control
of Defendants, he has prepared an itemized list of commissions believed to be owed to him from
information and documents prepared by the Defendants. A true and correct copy of the list of
commissions is attached hereto as Exhibit "B" and incorporated herein.
9. The above commissions constitute "wages" under the Pennsylvania Wage Payment
and Collection Law, 43 Pa. C.S. § 260.2a, and the Defendants' failure to pay the wages
constitutes a violation of the Pennsylvania Wage Payment and Collection Law, 43 P.S. § 2603(a)
and (b).
10. In accordance with 43 Pa. C.S. § 260. 10, and in addition to the amount due, Plaintiff
is entitled to liquidated damages against Defendants of twenty-five percent (25%) of the amount
due.
11. 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 James A. Kise, respectfully requests that this Honorable Court
enterjudgment in his favor and against Defendants, Pennsylvania Office Service Group and
Linda Till, in the amount of approximately $47,019.55 for unpaid commissions, together with
liquidated damages of twenty-five percent (25%) of the amount due pursuant to 43 Pa. C.S. §
260. 10, reasonable attorneys fees and costs pursuant to 43 Pa. C.S. § 260.9a(f), and such other
relief as is deemed proper and just.
COUNT 11
12. Paragraphs 1 through I I above are incorporated by reference herein.
14. As a direct result of Plaintiffs efforts, customers placed sales orders with Defendant
POSG during Plaintiffs period of employment and for which Plaintiff would ordinarily be owed a
commission in the amount equal to that set forth in Exhibit "B"
15. It would be unjust and inequitable for Defendants to keep the profits from the sales
realized without paying Plaintiff a fair and equitable amount for his sales efforts.
16. The fair and reasonable amount of Plaintiffs efforts is the same amount as would
have been a commission on the sale.
17. Plaintiff estimates this amount to be at least $7,500.00.
WHEREFORE, Plaintiff respectfully requests judgement in his favor and against
Defendants on his Quantum Meruit claim of $7,500.00, which amount, together with his claim for
contract commissions equals approximately $47,019.55. Plaintiff further requests interest and
costs of suit.
Respectfully submitted,
?A
Dated: 17/1 By: y .
Kenneth A. Wise, Esquire
Attorney I.D. No. 16142
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17107-1489
VERIFICATION
Upon my personal knowledge or information and belief, 1 hereby verify that the facts
averred in the foregoing SECOND AMENDED COMPLAINT are true and correct to the best of
my knowledge, information, and belief. 1 understand that false statements or averments therein
made will subject me to the criminal penalties of 18Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date:
? U v? 02 S? acv/ ?,e
mes A. Kise
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
CIVIL ACTION - LAW
No. 99-5210 CIVIL
V.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a true and correct copy of the attached
Brief of Plaintiff in Opposition to Defendants' Preliminary Objections on the following individual
by First Class U.S. Mail addressed as follows:
Glenn R. Davis, Esquire
Latsha Davis & Yohe, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
Date:
/ G
By: ` ?i?f C
Kenneth A. ise, Esquire
Attomeyl.D. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
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JAMES A. KISE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 99-5210 CI V IL
CIVIL ACTION - LAW
PENNSYLVANIA OFFICE
SERVICES GROUP and LINDA
TILL,
Defendants
IN RE: PLAINTIFF'S MOTION TO AMEND COMPLAINT
BEFORE BAYLEY AND HESS. J.J.
ORDER
AND NOW, this day of June, 2001, at docket number 99-5210, the motion of
the plaintiff to amend the complaint to add a county for quantum meruit is GRANTED.
BY THE COURT,
Kenneth A. Wise, Esquire
For the Plaintiff
Glenn R. Davis, Esquire
For the Defendants
Arn
-4 A
Ke) m A. Hess, J.
t?
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Dl .i?_ ?_t? ?II ?'?.I
h?Ll?:?`:J ? l? i,.i`:a?1
JAMES A. KISE,
Plaintiff
VS.
PENNSYLVANIA OFFICE
SERVICES GROUP and LINDA
TILL,
Defendants
JAMES A. KISE,
Plaintiff
VS.
PENNSYLVANIA OFFICE
SERVICES GROUP and LINDA
TILL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-5210 CIVIL
CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-8876 CIVIL
CIVIL ACTION - LAW
IN RE: PLAINTIFF'S MOTION TO AMEND COMPLAINT. AND DEFENDANT'S
PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT
OPINION AND ORDER
Pending before the court is a preliminary objection to the complaint filed to 00-8876 and
a motion to amend the complaint filed to 99-5210. For reasons which will become apparent, we
dispose of these motions together.
On August 25, 1999, the plaintiff, James Kise (Kise), filed a complaint against
Pennsylvania Office Services Group (POSG) and its president, Linda Till, which he subsequently
amended on October 15, 1999. This action docketed to 99-5210, featured one count, premised
on the Wage Payment and Collection Law ("WPCL"), 42 P.S. 260.1 et seq., seeking damages in
the amount of $47,019.55. In his complaint, the plaintiff recites that he was employed by the
99-5210 C1VIl,
defendant, POSG, an office furnishings and supply company, as a salesman. He worked on a
commission basis and was employed by POSG from July 1998 until June 1999. Kise alleged
that POSG failed to pay him commissions due for sales he had made during his employment with
the company.
i
The plaintiff filed a second action, docketed to 00-8876 Civil, on December 29, 2000.
1
I
This complaint contained two counts: one I'or breach of contract and the other in quantum meruit.
As with the single count in the first action, both counts of the second complaint sought damages
in the amount of $47, 019.55. 'f'ile defendants filed preliminary objections to the plaintiffs
second complaint noting that it stemmed from the same transaction and occurrence as the
complaint filed earlier. Oral argument on these preliminary objections was held on March 28,
2001.
On April 23, 2001, perhaps in acknowledgment that his second complaint was filed in
error, the plaintiff filed a motion to amend his first complaint, seeking leave of court to add a
second count for quantum meruit. The defendants have objected to the proposed amendment
arguing that it is too late for the plaintiff to add a second count and, given the availability of a
statutory cause of action, the plaintiff is barred from the equitable remedy of quantum meruit.
Oral argument on the plaintiff's motion to amend was held on May 23, 2001.
We first address the question of whether or not the plaintiffs second action is barred by
Pennsylvania Rule of Civil Procedure 1020. That Rule provides, in pertinent part:
(d)(1) if a transaction or occurrence gives rise to
more than one cause of action against the same
person, including causes ofaction in the
alternative, they shall be joined in separate counts
in the action against any such person.
99-5210 CIVIL
(4) Failure to join a cause of action as required
by subdivision (d)(1) of this Rule shall be deemed
a waiver of that cause of action as against all
parties to the action.
It is clear that both actions which have been filed by the plaintiff stem from the same transaction
or occurrence; namely, the alleged nonpayment of outstanding commissions by the defendant to
the plaintiff. Clearly, therefore, the plaintiff is barred from bringing a second action where he is
required, by rule, to include all of the causes of action in his first complaint. The appropriate
manner by which to introduce any additional causes of action is through amending the original
complaint "either by filed consent of the adverse party or by leave of court." Pa.R.C.P. 1033.
By allowing the two complaints to proceed independently:
... the same pretrial discovery would have taken
place in both cases and the same witnesses,
including the parties, would be required to appear
at two separate trials. Two juries would have to be
impaneled to hear virtually the same evidence and
resolve many of the same legal questions. This
kind of repetition is precisely what Rule 1020(d)
was intended to avoid.
Hineline v. Stroudsburg Electric Supply Co. Inc., 402 Pa.Super. 178, 187, 586 A.2d 455, 459
(1991). Here, the same facts stand to be determinative of each cause of action whether it
involves the application of the Wage Payment and Collection Law or the law of quantum meruit.
Thus, the plaintiff should not have brought a second and separate action and, accordingly, the
complaint docketed to 00-8876 will be dismissed.
The question then remains whether the plaintiff should be permitted to amend his first
complaint to include a second count in quantum meruit. Pa.R.C.P. 1030 provides that, absent the
99-5210 CIVIL
filed consent of the adverse party, a party may amend a complaint only by leave of court. It is
well established in Pennsylvania, however, that such amendments are liberally allowed. "As our
Supreme Court once observed, `hypertechnicality and formalism in pleading [are] contrary to the
modern practice of allowing free amendment in order to promote resolution of cases on their
merits."' Biglan v. Biglan, 330 Pa.Super. 512, 521, 479 A.2d 1021, 1026 (1984) citing West
Penn Parkway Garaite. Inc. v. City of Pittsburgh, 464 Pa. 168, 187, 346 A.2d 269, 278 (1975).
Two questions are posed by any proposed amendment; first, whether the amendment
would unfairly prejudice the rights of the opposing party and, second, whether the proposed
amendment violates the law. Soxman v. Goodee, 372 Pa.Super. 343, 539 A.2d 826 (1988).
Here, the defendant has asserted that permitting the amendment violates the law of Agency and
specifically the provisions of Section 455, Restatement (2"a) of Agency Law which, according to
the defendant, provide that an agent who is terminated prior to the actual sale of personal
property cannot recover an agreed upon commission. We note, however, the provisions of
comment (d) to section 445 which states:
Irrespective of the completeness of the terms given
the broker, if he is to be paid when he finds a
customer able, "ready and willing", [sic] he is
entitled to his commission if he finds such a
customer who enters into an oral agreement with
the principal which he is willing to perform at the
time fixed for the performance of the transaction,
even though the agreement is not binding upon the
principal ....
Restatement (2"d) of Agency Law, Section 445 cmt. d (1958). According to the plaintiff, his
quantum meruit claim relates to wages based on commissions which were not received during
his employment but result from his efforts expended prior to his termination. We see nothing in
99-5210 CIVIL
this contention which is inconsistent or in conflict with his claim premised on the Wage Payment
and Collection Law.
The defendant places emphasis on the holding of the Superior Court in Faden v. Vitrv,
425 Pa.Super. 555, 625 A.2d 1236 (1993). According to the defendant, it is "implicit in the
[Faden court's] holding that there is no need to plead an alternative theory of recovery sounding
in quantum meruit if there is an agreement as to form of compensation, e.g. cash, stock, or
partnership." Defendant's Brief in Opposition to Plaintiffs Motion to Amend His Amended
Complaint at 4, ¶ 2. We read Faden, instead, as being supportive of the position advanced by the
plaintiff in this case. In Faden, the plaintiff established that there existed an oral agreement
between the parties that she would be paid $2,000.00 per month as general manager of a caf6.
The trial court also found that, because there was no agreement as to any other form of
compensation, the parties had intended the payment of cash wages. Because there was a
contractual obligation to pay wages, the court found that the Wage Payment and Collection Law
was applicable. Particularly germane to the matter sub judice is the following language of the
Superior Court:
Appellants cite the trial court's conclusion that
Faden was also entitled to payment under the
doctrine of quantum meruit as an indication that it
rejected the contract claim under the WPCL. This
contention is belied, however, by the explicit
conclusion of law that Faden was entitled to wages
under the WPCL for services. We accept the trial
court's explanation in its opinion that the award
on the basis of quantum meruit was intended as
an alternate theory of recovery. (emphasis
added)
99-5210 CIVIL
Id., at 1238. Contrary to the defendant's reading of the case, Faden does not force an election
between quantum meruit and recovery under the WPCL. In fact, it expressly acknowledges that
both claims may be brought together. That is all the plaintiff is attempting to do in this case.
In summary, the plaintiff, here, seeks to show that under the WPCL he is entitled to the
payment of outstanding commissions. This requires him to show the existence of an agreement
between himself and the defendants for compensation. If he is unable to make a successful
showing of an express agreement, he wishes to argue in the alternative that equity permits him to
recover. We know of no reason why such an alternative pleading should be disallowed.
ORDER
AND NOW, this **r day of June, 2001, at docket number 99-5210, the motion of
the plaintiff to amend the complaint to add a county for quantum mernit is GRANTED.
BY THE COURT,
Kenneth A. Wise, Esquire
For the Plaintiff
Glenn R. Davis, Esquire
For the Defendants
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Kevi . Hess, J.
:rlm
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
V. No. 99-5210 - Civil
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants CIVIL ACTION - LAW
DEFENDANTS' ANSWER TO
PLAINTIFF'S FIRST AMENDED COMPLAINT
WITH NEW MATTER
AND NOW, COMES, Defendants, Pennsylvania Office Service Group and Linda
Till, and files the foregoing answer to Plaintiffs First Amended Complaint as follows:
Parties
1. Admitted.
2. Admitted. It is admitted that Pennsylvania Office Service Group, Inc.,
referred to as Pennsylvania Office Service Group (hereinafter referred to as "POSG") in
the First Amended Complaint, is a Pennsylvania corporation with principal business
address located at 309 South Tenth Street, Lemoyne, Cumberland County,
Pennsylvania. The remaining averments of this paragraph constitute a conclusion of
law to which no responsive pleading is required.
3. Admitted in part. It is admitted that Defendant, Linda Till, an adult
individual, is the president of Defendant, POSG, which corporation does business at
that address. The remaining of averment of this paragraph is a conclusion of law to
which no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied.
COUNTI
Violation of Pennsylvania Wage Payment and Collection Law
Plaintiff, fames A. Kise v. Defendants POSG and Till
4. Admitted.
5. Admitted in part. It is admitted that Plaintiff was employed by Defendant
POSG, between approximately July 13,1998, and June 14,1999. The remaining
averments of this paragraph constitute a conclusion of law to which no responsive
pleading is required.
6. Denied. The June 22, 1998, letter does not set forth the terms and
conditions of employment but rather provides guidelines for the initial structure of
compensation which is further subject to the practices established by Defendant POSG,
as well as the employment policies of the company as they pertain to an at.-will
employee.
Denied. The terms of compensation were set forth in the June 22,1998,
letter, which letter speaks for itself. It is admitted that in 1999 Plaintiff worked on a
commission basis.
8. Denied. At the time of separation, Plaintiff had been compensated all
monies owed to him by Defendant POSG. The referenced Exhibit "B" appears to be a
document generated by Plaintiff which is replete with inaccuracies, false statements and
51631.1 2
fraudulent representations. Strict proof with regard to these averments are demanded
at trial.
9. The averments contained in this paragraph are conclusions of law to
which no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied and strict proof at time of trial is demanded.
10. The averments contained in this paragraph are conclusions of law to
which no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied and strict proof at time of trial is demanded.
11. The averments contained in this paragraph are conclusions of law to
which no responsive pleading is required. To the extent that a responsive pleading is
required, the averments are denied and strict proof at time of trial is demanded.
WHEREFORE, Defendants, Pennsylvania Office Service Group and Linda Till,
respectfully requests this Honorable Court enter judgment in their behalf and against
Plaintiff, James A. Kise, awarding costs and such other relief as appropriate on behalf of
Defendants and against Plaintiff.
NEW MATTER
12. Paragraphs 1 through 11 above are incorporated herein by reference as if
fully set forth.
13. There is no written contract of employment between Defendant POSG and
Plaintiff which guarantees employment for any length of time or under specific terms or
conditions except for the letter of Defendant POSG setting forth an offer of employment
which was attached to the First Amended Complaint as Exhibit "A."
51631.1
14. During the initial six-month probationary period of Plaintiff's
employment, he was compensated on the basis of a $30,000 fixed salary.
15. After Plaintiff completed his initial six-month probationary period, he
became a commissioned employee on or about January 13,1999, under the commission
structure which was in place and practiced by Defendant POSG in the time period 1999.
16. After the initial six-month probationary period of Plaintiff's employment
with Defendant POSG, he received draws against his commissioned salary
determination, which draws were calculated based upon an annualized salary of
$30,000.
17. During his employment with Defendant POSG, Plaintiff generated sales
which resulted in commission income and were recorded and calculated by Defendant
POSG and provided to Plaintiff on a periodic basis.
18. Plaintiff's commissions, which were reported to him by Defendant POSG
periodically during his employment with Defendant POSG, were not questioned nor
their accuracy challenged by him during his employment.
19. On June 14, 1999, at the time Plaintiff was terminated by Defendant POSG,
his earned commissions were reported to him as not having exceeded his draw.
20. Defendant POSG has not, to date, sought a set-off for the draw payments
in excess of Plaintiff's eamed commissions.
21. Plaintiff remained throughout his employment with Defendant POSG an
at-will employee.
51631.1
22. All compensation earned by Plaintiff have been paid by Defendant POSG
in a timely manner in accordance with the payroll procedures of the corporation.
23. During his period of employment with Defendant POSG, Plaintiff was
compensated for his services by Defendant POSG in accordance with the practices set
forth in the June 22, 1998, letter.
24. Between January 1, 1999, and his termination, Plaintiff received wage
payments from Defendant POSG in the sum of $13,846.20.
25. Between January 13, 999, and his termination, Plaintiff received draws in
the amount of $12,923.13 which were to be accounted against his earned commissions.
26. Between January 13, 1999, to the date of this Answer, Plaintiff earned
commissions in an amount of $12,305.19, an amount less than his draw of $12,923.16.
27. Throughout his period of employment with Defendant POSG, Plaintiff
Kise was provided with various support services and administrative support by
Defendant POSG.
28. During Plaintiff's employment by Defendant POSG, he engaged in
personal conduct which was detrimental and harmful to the interests of his employer.
29. Based upon information and belief, Plaintiff's actions including failure to
perform his job, using threats of violence and/or acts of harassment caused Defendant
POSG to lose clients or potential clients as well as exposing Defendant POSG to liability
from its employees and clients.
30. Plaintiff is not entitled to damages requested in the ad damnum clause of
the complaint.
suoi.1
31. Plaintiff has failed to state a claim upon which relief can be granted.
WHEREFORE, Defendant, Pennsylvania Office Service Group, respectfully
requests that this Honorable Court enter a judgment in its favor and against Plaintiff,
James A. Kise along with such other relief as this Honorable Court deems just and
appropriate.
Respectfully submitted,
Dated: IL to
LATSHA DAVIS & YOHE, P.C.
By L_7a --2 ?XO
Glenn R. Davis
Attorney I. D. No. 31040
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendants, Pennsylvania
Office Service Group and Linda Till
51631.1
6
DEC-t0-99 FBI 3:46 PM PA. OFFICE SERVICE GRQUP FAX NO. 717 763 5652 P. I
FW)H ILRTBFR MVIe & YOME.P.C. (717D 761.2206 1999.12-10 16111 42as P.02/02
VERIRMION
The undersigned hereby verifies that the statements of fact in the foregoing are
true and correct to the best of my knowledge, information and belief. I understand that
any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904,
relating to unswom falsification to authorities.
Dated l2-lD-9q L
Linda 1111
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Defendants' Answer to Plaintiff's First Amended Complaint With New
Matter and Counterclaim has been served via facsimile transmission and first-class
United States mail, postage prepaid, upon the following:
Michael A. Koranda, Esq.
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
Facsimile
(717) 235-6190
Dated: IZilo ps
C?-z sa.,
Glenn R. Davis
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
V.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
Defendants
CIVIL ACTION - LAW
No. 99-5210 CIVIL
JURY TRIAL DEMANDED
ORDER
And now to wit, this. day of 1 2001, in consideration of Plaintiff s
Motion to Amend Complaint, a rule is hereby issued upon Defendants to show cause why, if any,
they have, Plaintiff should not be granted the relief requested and allowed to amend his Complaint
as set forth therein.
This rule returnable within _Ae5 days of service f
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BY THE COURT
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. IIQSE,
Plaintiff
V.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
CIVIL ACTION - LAW
No. 99-5210 CIVIL
Defendants
JURY TRIAL DEMANDED
MOTION OF PLAINTIFF TO AMEND COMPLAINT
1. Movant herein is Plaintiff.
2. Respondents herein are Defendants.
3. This action is a claim being made by Plaintiff against Defendant for monies due on
commission sales while plaintiff was employed as a commission salesman for Defendant POSG.
4. Plaintiff desires to add a count in quantum meruit to cover any part of his claim
which Defendants have contested as not constituting a claim for wages.
a. To the extent Claimant's efforts have not resulted in wages, they have resulted
in substantial benefits to Defendants.
b. It would work an injustice for Defendants to be allowed to keep the fruits of
Plaintiffs efforts without compensation therefor.
5. The proceeding is at the Discovery stage. There remain Discovery issues
outstanding before this case can be certified for trial.
6. This case is not at a critical state.
7. Allowing Plaintiff leave to amend would not work any hardship on Defendant.
Defendants had, in fact, been notified that Plaintiff had desired to pursue this claim before any
discovery was undertaken.
8. Plaintiff has sought to get the relief he requests in another action filed in this court
at number 00-8876, and bearing with identical caption. To the extent that claim is not allowed to
proceed, Plaintiff desires leave to amend.
WHEREFORE, Plaintiff respectfully requests that this Court issue an Order granting
Plaintiff leave to amend his Complaint to add a Complaint in quantum meruit covering the monies
he has claimed to be due in his initial Complaint.
Respectfully submitted,
i
Dated: /??l G i By:
Kenneth A. Wise, squire
Attorney I.D. No. 16142
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17107-1489
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
CIVIL ACTION - LAW
Plaintiff
No. 99-5210 CIVIL
V.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
Defendants JURY TRIAL, DEMANDED
CERTIFICATE OF SERVI E
I hereby certify that I am this day serving a true and correct copy of the attached
Brief of Plaintiff in Opposition to Defendants' Preliminary Objections on the following individual by
First Class U.S. Mail addressed as follows:
Glenn R. Davis, Esquire
Iatsha Davis & Yohe, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
Date: t'? 11-•1,17 /, /
By:
Kenneth A Wise, Esquire
Attorney I.D. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
VERIFICATION
Upon my personal knowledge or information and belief, I hereby verify that the facts
averred in the foregoing MOTION OF PLAINTIFF TO AMEND COMPLAINT are true and
correct to the best of my knowledge, information, and belief. I understand that false statements or
averments therein made will subject me to the criminal penalties of 181'a.C.S. § 4904 relating to
unswom falsification to authorities.
Date:
Kenneth A. Wise, Esquire
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JAMES A. KISE,
Plaintiff
V.
PENNSYLVANIA OFFICE
SERVICES GROUP and
LINDA TILL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5210 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of August, 2000, upon
consideration of Plaintiff's Objection to Subpoena and Motion
for Protective Order, and following a discovery conference held
in the chambers of the undersigned judge in which Plaintiff was
represented by Kenneth A. Wise, Esquire, and Defendants were
represented by Chadwick 0. Bogar, Esquire, and Plaintiff's
counsel having indicated that Plaintiff does not intend
affirmatively to rely upon Plaintiff's record of employment with
the Pennsylvania State Police, Plaintiff's Objection to Subpoena
and Motion for a Protective Order is granted, without prejudice
to Defendants' right to seek the discovery requested in the
event that additional discovery leads Defendants to conclude
that the personnel records presently being sought are more
relevant to the case than presently appears.
By the Court
Kenneth A. Wise, Esquire
126 Locust Street Y
P.O. Box 11489
Harrisburg, PA 17108-01489
Attorney for Plaintiff
Chadwick 0. Bogar, Esquire
P.O. Box 825
Harrisburg, Pa 17108-0825
Attorney for Defendants
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FLI it i? ?L`.. A 1
JAMES A. KISE,
Plaintiff
V.
PENNSYLVANIA
OFFICE SERVICES
GROUP and LINDA TILL,:
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.99-5210 CIVIL TERM
ORDER OF COURT
AND NOW, this Aday of July, 2000, upon consideration of Plaintiff's Objection
to Subpoena and Motion for Protective Order, and of Defendants' Response to Plaintiff's
Objection to Subpoena and Motion for Protective order, a discovery conference/hearing
is scheduled for Thursday, August 17, 2000, at 1:30 p.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Kenneth A. Wise, Esq.
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-01489
Attorney for Plaintiff
Glenn R. Davis, Esq.
Chadwick O. Bogar, Esq.
P.O. Box 825
Harrisburg, PA 17108-0825
Attorneys for Defendants
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
CIVIL ACTION - LAW
Plaintiff
NO. 99-5210 Civil
V.
PA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants JURY TRIAL DEMANDED
ORDER
AND NOW, this day of 2000, it is hereby ORDERED that
Plaintiff's Motion for a Protective Order is denied and that the Prothonotary shall seal
Defendants' Subpoena to Produce Documents or Things for Discovery Pursuant to Rule
4009.22 directed to Vera Cartwright of the Pennsylvania State Police, Bureau of
Personnel.
BY THE COURT
sMs.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
CIVIL ACTION - LAW
NO. 99-5210 Civil
V.
PA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants JURY TRIAL DEMANDED
DEFENDANTS' RESPONSE TO PLAINTIFF'S OBJECTION
TO SUBPOENA AND MOTION FOR PROTECTIVE ORDER
AND NOW, come Defendants, PA Office Services Group and Linda C. Till, by
and through their attorneys, LATSHA DAVIS & YORE, P.C., and present this response
to Plaintiffs objection to subpoena and motion for protective order, and as such,
provide as follows:
1. Admitted.
2. Admitted.
3. Denied. The averments of this paragraph constitute a characterization of a
written document, which written document speaks for itself. To the extent that a
response is required, it appears from Petitioner's Amended Complaint that he has
57943.1
attempted to state a claim arising out of Pennsylvania's Wage, Payment and Collection
Act.
4. Admitted.
5. Admitted.
6. Admitted.
Denied. The averments contained in this paragraph constitute
conclusions of law to which no responsive pleading is required. To the extent that a
pleading is required, it is specifically denied that Petitioner's personnel file at the
Pennsylvania State Police Bureau of Personnel neither bears any relevance to any issue
to be presented at trail, nor are the contents thereof not reasonably calculated to lead to
discoverable evidence. To the contrary, it is believed that the contents of Petitioner's
personnel file will lead to the discovery of relevant evidence. Without the opportunity
to review that file, a more specific response cannot be provided. However, it is
anticipated that material which goes to credibility of testimony, as well as sales contact
relationships is contained in the file.
8. Denied. The averments contained in this paragraph constitute
conclusions of law to which no responsive pleading is required. To the extent that a
pleading is required, it is specifically denied that the discovery of Petitioner's personnel
file at the Pennsylvania State Police Bureau of Personnel will result in the
embarrassment, harassment, or the invasion of Petitioner's privacy. To the contrary,
not only does Petitioner not have a reasonable expectation of privacy in his personnel
57'43.1
file, the discovery of Petitioner's personnel file will neither result in the embarrassment
nor harassment of him. Moreover, Petitioner has also filed a discrimination action
against Defendants and therefore has no expectancy of privacy in these matters.
WHEREFORE, Defendants respectfully request that this Honorable Court issue
an order to the Prothonotary directing him to seal their subpoena and denying
Plaintiff's motion for a protective order.
Dated: G 1?-;
Respectfully submitted,
LATSHA DAVIS & YORE, P.C.
By:
Glenn R. Davis, Esq.
Attorney I.D. No. 31040
Chadwick O. Bogar
Attorney I.D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
Attorney for Defendant, PA Office Services
Group and Linda Till
57913.1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Defendant's Response to Plaintiff's Objection to Subpoena and Motion for
Protective Order was served by first-class United States mail, postage prepaid, upon the
following:
Kenneth A. Wise, Esq.
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-1489
Dated: Zoc=ct?
75 -
Chadwick O. Bogar
57943.1
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. USE,
CIVIL ACTION - LAW
Plaintiff ,
C.')
No. 99-5210 CIVIL =
V.
'J
PA OFFICE SERVICES ..=
GROUP, and LINDA TILL,
JURY TRIAL DEMANDED-' ?p
Defendants
OBJECTION TO SUBPOENA AND MOTION FOR PROTECTIVE ORDER
AND NOW, comes Plaintiff by his undersigned counsel and respectfully objects to
Defendant's supposed Subpoena as more particularly set forth herein, and requests a
protective order, and he sets forth in support thereof as follows:
1. Petitioner herein is Plaintiff.
2. Respondents herein are Defendants Pennsylvania Office Services Group
and Linda Till.
3. This is a claim by Petitioner against Respondents for commissions earned
but unpaid when Petitioner was in the employ of Respondent PA Office Services Group.
4. On or about April 21, 2000, Respondents served on Petitioner, through
counsel, a Notice of Intent to Serve Subpoena to Produce Documents. A copy of this
Notice and proposed subpoena are attached hereto as Exhibit "A" and incorporated by
reference herein.
5. Immediately prior to Petitioner's employ with Respondent Pennsylvania
Office Services Group, Petitioner was in the employ of the Pennsylvania State Police.
Petitioner was previously employed by the Pennsylvania State Police as a purchasing
agent.
6. While working for Respondent PA Office Services Group, Petitioner was
employed as a sales agent for office furniture and equipment.
7. Petitioner's personnel records at the Pennsylvania State Police do not bear
any relevance to any issue to be presented at trial, nor is such reasonably calculated to
lead to discoverable evidence.
8. The discovery of personnel records will result in the revelation of wage
information and other private information. As such, it will hold Petitioner up to
embarrassment, it will constitute an unreasonable invasion of his privacy, and is harassing
to him.
WHEREFORE, Plaintiff respectfully makes this objection to the subpoena and
moves for a protective order, either prohibiting obtaining of such records in their entirety,
or limiting such disclosure, and in any event, directing that any disclosure of records by
the Pennsylvania State Police to Respondents be subject to an Order of Non-Disclosure to
third parties.
Date:
Respectfully,
Kenneth A. Wise, Esquire
Id. No. 16142
126 Locust Street
P. 0. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Attorney for Plaintiff/Petitioner
Exhibit "A"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
CIVIL ACTION - LAW
V.
NO. 99-5210 Civil
PA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
To: Kenneth A. Wise, Esq.
126 Locust Street
P.O. Box 11480
Harrisburg, PA 17108
Defendants, Pennsylvania Office Services Group and Linda Till, intend to serve a
subpoena identical to the one that is attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon the undersigned an
objection to the subpoena. If no objection is made, the subpoena may be served.
Respectfully submitted,
Date: NZ/d/ Zooc>
LATSHA DAVIS & YOHE, P.C.
By: I
Glenn R. Davis
Attorney No. 31040
Chadwick O. Bogar
Attorney No. 83755
P.O. Box 825
Harrisburg, PA 17108
(717) 761-1880
Attorney for Defendants, PA Office
Services Group and Linda Till
s%6.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JAMES A. KISE, CIVIL ACTION - LAW
Plaintiff
v.
PA OFFICE SERVICES GROUP and 99-5210 Civil
LINDA TILL File No.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
. FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Vera Cartwright, PA State Police, 1800 Elmerton Ave., Bureau of Personnel, Harrisburg, P1
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Personnel Records of James A. Kise
at LATSHA DAVIS & YORE, P.C., 4720 OLD GETTYSBURG ROAD, SUITE-101 MECHANICSBURG, PA 17055
(Address)
You may deliver or mail legible copies of the documents orproduce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above.You have the right
to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name Chadwick 0. Bogar, Esq.
Address: 4720 Old Gettysburg Road, Suite 101
Mechanicsburg, PA 17055
Telephone: (717) 761-1880
Supreme Court ID #
83755
Attorney For: PA Office Services Group and Linda Till
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date:
Seal of the Court
Deputy
(Eff. 7/97)
VERIFICATION
Upon my personal knowledge or information and belief, I hereby verify that the
facts averred in the foregoing Objection to Subpoena and Motion for Protective Order
are true and correct to the best of my knowledge, information, and belief. I understand
that false statements or averments therein made will subject me to the criminal penalties
of 18Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: ? p .? `?
AMES A. KISE
CERTIFICATION
I hereby certify that I am this day serving a true and correct copy of the attached
Objection to Subpoena and Motion for Protective Order on the following individual
by First Class U.S. Mail addressed as follows:
Chadwick O. Bogar, Esquire
Latsha, Davis, & Yohe, P.C.
PO Box 825
Harrisburg, PA 17108-0825
O
Date: o
nneth A. Wise, Esquire
ID No. 16142
126 Locust Street
P. 0. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Attorney for Plaintiff
James A. Kise
, . 6
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
V.
PA OFFICE SERVICES
GROUP and LINDA TILL,
CIVIL ACTION - LAW
NO. 99-5210 Civil
Defendants JURY TRIAL DEMANDED
DEFENDANT'S CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to
Rule 4009.22, the undersigned certifies that:
(1) a notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least twenty days prior to the
date on which the subpoena is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) On or about May 10, 2000, Plaintiff filed an objection to this Subpoena and
Motion for Protective Order without a Rule to Show Cause,
(4) By letter dated May 22, 2000, Defendants informed Plaintiff that if he did
not serve them with a Rule to Show Cause within seven (7) days, pursuant to local rules
206-3 and 208-1, they would assume that his Motion was withdrawn and seek to serve
the subpoena in question. To date, Plaintiff has failed to serve a Rule to Show Cause on
the Defendants, and
57189.1
i
(5) the ?ubpnerri ??-hich ??'ill br srr% rd i? i?lrntir11 th, the tinhhnena whic is
ttechcri to the n(,ti( „f intent to ?rnr th, ?uht,?vn,i
R?•.nr<ifulle Lnhmittrd.
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C hadwick O. &,gar
\itnrney No. 81755
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I larriabur, , PA I7lhi
717)761-1880
\th?rnec for Defendants, P.A Office
Ser\ iw,; Group and Linda Till
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
CIVIL ACTION - LAW
NO. 99-5210 Civil
PA OFFICE SERVICES
GROUP and LINDA TILL,
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
To: Kenneth A. Wise, Esq.
126 Locust Street
P.O. Box 11480
Harrisburg, PA 17108
Defendants, Pennsylvania Office Services Group and Linda Till, intend to serve a
subpoena identical to the one that is attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon the undersigned an
objection to the subpoena. If no objection is made, the subpoena may be served.
Respectfully submitted,
Date: N / 7.I I Zooc>
T
LATSHA DAVIS & YOHE, P.C.
By: r
Glenn R. Davis
Attorney No. 31040
Chadwick O. Bogar
Attorney No. 83753
P.O. Box 825
Harrisburg, PA 17108
(717) 761-1880
Attorney for Defendants, PA Office
Services Group and Linda Till
95%6.1
COMMONWEALTH OF PENNSYLVAi..A
COUNTY OF CUMBERLAND
JAMES A. Y-5--"
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?A OrrlCn ScRtICELS CF')-? an Fiie N oc_:- p :,;:
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SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4008.22
TO:te.a Cartwright, ?A State 7:014:e. 1500 ='_me-tx. A.Ve.. 5•_7eau r ._rSOane:. -=.ciSbu-c, FA
(r;ame of Person Or Enttty)
Within twenty (20) days after s=ervice of Lhis subpoena, you are ordered by the court to produce the following
d=ments or things:
Personnel Records of James A. lase
at LA7S3A DAVIS & YOr.S, P.C., 4720 OLD GSTTYSBURG ROAD, SUITE"lOi;"?^-fiiAAIC53i?G, ?A 17055
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above.You have the right
to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
r.,,,,e Chad,..•ick 0. Rogar, Esq.
Address: 4720 Old Gettysburg Road, Suite 101
Mechanicsburg, PA 17055
Telephone: (717) 761-1880
Supreme Court ID r 83755
Attorney For: PA Office Services Group and Linda Till
BY THE COURT-
Prothonotary/Clerk, Civil Division
Date:
Seal of the Court Deputy
(EH. 7/37)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Certificate Prerequisite to Service of a Subpoena was served by first-class
United States mail, postage prepaid, upon the following in conformity with Pa. R.C.P.
440:
Kenneth A. Wise, Esq.
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-1489
Dated: 6 7 Ze,ad
Chadwick O. Bogar
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JAMES A. KISE,
VS.
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants.
NO.99-5210 - CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as attorney for Plaintiff, James A. Kise, in the above-
captioned matter.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
By:
Date:/ Y MICHAEL A.KORANDA
PA ID #58808
Please enter my appearance as attorney for Plaintiff, James A. Kise, in the above-
captioned matter.
Respectfully submitted,
KENNETH A. WISE, ESQUIRE
126 Locust Street
P.O. Box 11499
Harrisburg, PA 17108-1489
Telephone- (717) 238-3818
?i1U By: ; ? ! //V
Date: KENNETH A. WISE
PA ID #16142
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CERTIFICATION
I hereby certify that I am this day serving a true and correct copy of the attached
Praecipe For Withdrawal / Entry Of Appearance on the following individuals by First
Class U.S. Mail addressed as follows:
Glenn R. Davis, Esquire
4720 Old Gettysburg Rd.
Mechanicsburg, PA 17055
Ronald Tomasko, Esquire
Tomasko & Koranda PC
219 State Street
Harrisburg, Pe,msylvania 17101
Date:
Kenneth A. Wise, Esquire
ID No. 16142
126 Locust Street
P. 0. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Attorney for Complainant
James A. Kise
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JAMES A. KISE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS. : NO. 99-5210 - CIVIL
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
CIVIL ACTION -LAW
Defendants. : JURY TRIAL DEMANDED
REPLY TO NEW MATTER
NOW COMES Plaintiff, James A. Kise, by and through his attorneys, Tomasko &
Koranda, P.C., and files the following Reply to New Matter, averring:
12. Paragraph Nos. 1 through 11, inclusive, of the First Amended Complaint is
incorporated herein by reference as though fully set forth at length below.
13. Admitted in part; denied in part. It is admitted the general terms and conditions of
the Plaintiffs employment with Defendant POSG are set forth in a letter dated June 22, 1998,
from Defendant Till to Plaintiff, a true and correct copy of which is attached to the First
Amended Complaint as Exhibit "A." The remainder of 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.
14. Admitted.
15. Admitted in part; denied in part. It is admitted that after the initial six-month
period, the Plaintiff was supposed to become a commissioned employee. However, it is denied
that the Plaintiff actually became a commissioned employee after the six month period. By way
of further response, see Paragraph No. 7 of the First Amended Complaint.
16. Admitted in part; denied in part. See Paragraph No. 15, supra.
17. Admitted.
18. Admitted in part; denied in part. It is admitted that Plaintiff reported commissions
to the Defendant, POSG, on a period basis. It is denied that the Plaintiff never questioned or
challenged the accuracy of commission calculations made by the Defendant, POSG. To the
contrary, the Plaintiff, on June 4, 1999, questioned the bookkeeper/accountant for Defendant
POSG as to the accuracy and completeness of the Plaintiff's commission reports, and made
similar inquiries with Defendant Till on the same date.
19. Denied. It is denied that on June 14, 1999, the Defendant POSG advised the
Plaintiff that his earned commissions did not exceed his draw. Indeed, the subject of the
Plaintiff s commissions did not come up during any conversation or discussion on June 14, 1999,
involving the Plaintiff, Defendant Till or any other POSG employee.
20. Admitted. By way of further response, the Defendant POSG is not entitled to a
set-off for reasons averred in the First Amended Complaint.
21. 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.
22. 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. To the extent that a responsive pleading is required, the allegations of this
paragraph are denied for reasons stated in Paragraph Nos. 7 - 11 of the First Amended
Complaint.
-2-
23. Admitted in part; denied in part. It is admitted that the Plaintiff received an
annualized salary of $30,000.00 during his first six months of employment. However, it is
denied that after this six month period, the Plaintiff was compensated in accordance with the
practices set forth in the June 22, 1998, letter. By way of further response, see Paragraph Nos. 7-
11 of the First Amended Complaint.
24. Denied. It is denied that between January 1, 1999, and his termination, Plaintiff
received wage payments from Defendant POSG in the sum of $13,846.20. To the contrary,
between December 27, 1998 to June 12, 1999, the Plaintiff received $13,846.20.
25. Denied. After reasonable investigation, the Plaintiff is without knowledge or
information sufficient to form an opinion as to the truth of the matter asserted, and the same is
therefore denied with strict proof thereof demanded.
26. Denied. After reasonable investigation, the Plaintiff is without knowledge or
information sufficient to form an opinion as to the amount of his draw, and the same is therefore
denied with strict proof thereof demanded. However, it is denied that from January 13, 1999, to
December'l0, 1999, the Plaintiff earned commissions in the amount of $12,305.19. By way of
further response, see Paragraph No. 8 of the First Amended Complaint.
27. Admitted.
28. Denied. After reasonable investigation, the Plaintiff is without knowledge or
information sufficient to form an opinion as to the truth of the matter asserted, and the same is
therefore denied with strict proof thereof demanded. By way of further response, 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.
-3-
29. Denied. It is denied that the Plaintiff failed to perform his job, used threats of
violence and/or committed acts of harassment. It is denied that the Plaintiff caused Defendant
POSG to lose clients or potential clients, or caused Defendant POSG to face exposure to liability
from its employees or clients.
30. No response required. 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.
WHEREFORE, Plaintiff, James A. Kise, respectfully requests that this Honorable Court
enter judgement in his favor and against Defendants, Pennsylvania Office Service Group and
Linda Till, in the amount of approximately $47,019.55 for unpaid commissions, together with
liquidated damages of twenty-five percent (25%) of the amount due pursuant to 43 Pa. C.S. §
260. 10, reasonable attorneys fees and costs pursuant to 43 Pa. C.S. § 260.9a(I), and such other
relief as is deemed proper and just.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
By:
MICHAEL KORANDA
PA ID #58808
-4-
VERIFICATION
I verify that the statements made in the attached REPLY TO NEW MATTER are true
and correct to the best of my knowledge, information and belief. I understand that false state-
ments herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification
to authorities.
DATED: ? 179 , ?KISE
A.
CERTIFICATE OF SERVICE
AND NOW, this&day of , 1999, I, Michael A. Koranda,
Esquire, attomey 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:
Glenn R. Davis, Esquire
LATSHA DAVIS & YOHE, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
By
MICHAEL A. KORANDA
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JAMES A. KISE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs. : NO. 99-5210 -CIVIL
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: 800-990-9108 or 717-249-3166
JAMES A. KISE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS. : NO. 99-5210 -CIVIL
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
: CIVIL ACTION -LAW
Defendants. : JURY TRIAL DEMANDED
FIRST AMENDED COMPLAINT
NOW COMES Plaintiff, James A. Kise, by and through his attorneys, Tomasko &
Koranda, P.C., and files the following Complaint against Defendants, Pennsylvania Office
Service Group and Linda Till, averring:
Parties
1. Plaintiff, James A. Kise, is an adult individual residing at 27 N. 7th Street,
Columbia, Lancaster County, Pennsylvania.
2. Defendant, Pennsylvania Office Service Group ("POSG"), is a corporation duly
authorized and existing under the laws of the Commonwealth of Pennsylvania with its principal
place of business at 309 S. 10th Street, Lemoyne, Cumberland County, Pennsylvania.
Defendant POSG is an "employer" as defined by the Pennsylvania Wage Payment and
Collection Law, 43 P.S. § 260.2a.
3. Defendant, Linda Till an adult individual doing business at 309 S. 10th Street,
Lemoyne, Cumberland County, Pennsylvania. Defendant Till was, at the times hereinafter
mentioned, the President of Defendant POSG. As such, Defendant Till is an "employer" as
defined by the Pennsylvania Wage Payment and Collection Law, 43 Pa. C.S. § 260.2a.
Count I
Violation of Pennsylvania Wage Payment and Collection Law
Plaintiff, James A. Kise vs. Defendants, POSG and Till
4. The amount in claimed in the instant action exceeds the jurisdictional amount
requiring arbitration referral by Local Rule of Court.
5. Plaintiff was employed by Defendant POSG as a sales representative from
approximately July 13, 1998 until June 14, 1999. As such, Plaintiff was an "employee" as
that term is used in the Pennsylvania Wage Payment and Collection Law, 43 P.S. § 260. 1, et
seg.
6. The general terms and conditions of the Plaintiff employment with Defendant
POSG are set forth in a letter dated June 22, 1998, from Defendant Till to Plaintiff, a true and
correct copy of which is attached hereto as Exhibit "A" and incorporated herein.
7. In early March 1999, Defendant Till advised Plaintiff that commencing
immediately, he would be compensated on a "draw against commission" basis. Under this
arrangement, Plaintiff would receive the higher amount of either a draw of $30,000.00 per
year, payable in bi-weekly installments, or bi-weekly commissions of twenty-five percent
(25%) of the gross profit on manufacturer billings, and thirty-three percent (33 %) of the gross
profit on POSG billings. Plaintiff agreed to continue his employment with Defendant POSG
on the above "draw against commission" basis.
8. At the time of Plaintiffs separation from employment with Defendant POSG, he
was owed approximately $47,019.55 in commissions which remains unpaid. Although
Plaintiff is unable to state the exact amount owed to him by Defendants since same can be
-1-
determined only by reference to certain documents which are in the exclusive possession,
custody and/or control of Defendants, he has prepared an itemized list of commissions believed
to be owed to him from information and documents prepared by the Defendants. A true and
correct copy of the list of commissions is attached hereto as Exhibit "B" and incorporated
herein.
9. The above commissions constitute "wages" under the Pennsylvania Wage
Payment and Collection Law, 43 Pa. C.S. § 260.2a, and the Defendants' failure to pay the
wages constitutes a violation of the Pennsylvania Wage Payment and Collection Law, 43 P.S.
260.3(a) and (b).
10. In accordance with 43 Pa. C.S. § 260. 10, and in addition to the amount due,
Plaintiff is entitled to liquidated damages against Defendants of twenty-five percent (25 %) of
the amount due.
11. 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, James A. Kise, respectfully requests that this Honorable
Court enter judgement in his favor and against Defendants, Pennsylvania Office Service Group
and Linda Till, in the amount of approximately $47,019.55 for unpaid commissions, together
with liquidated damages of twenty-five percent (25 %) of the amount due pursuant to 43 Pa.
C. S. § 260. 10, reasonable attorneys fees and costs pursuant to 43 Pa. C. S. § 260.9a(l), and
such other relief as is deemed proper and just.
-3-
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717)238-1100
By:
Z
CHAE A. KORANDA
PA ID /58808
-4-
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.
DATED: 452 %
JAMES A. KISS
peaaaylaa01a
afliae Saraiae araa
June 22, 1998
Jim Kise
27 N. 7th Street
Columbia, PA 17512
Er3anamic F u r n i c u ra 6 6upo
Dear Jim:
I want to take this opportunity to welcome you aboard with Pennsylvania Office
Service Group, Inc. Your responsibilities will the PA State Contract Sales Specialist.
hours need to be flexible to meet the needs of your
The but as a (Sales Specialist your July
Gients.
Your earnings will be $30,000 annually for the first six months of your employment. At
the end of a six month period the $30,000 annual fixed rate will be a $30,000
maximum draw until your commissioned earnings exceed your draw. That is the point
where you will be earning commission. At that time, you do receive maximum
freedom of your working hours. Pay aid insurance coverage for yourself after he first
You will be eligible for the company p the S
age,
lity
Disa
Term
you will be th sncostf Yyou ou will aose lso receiv e?cov age of(5 0,000 rof Life Insurancerafterthe first for
month period.
Your focused area will be the State of PA Harrisburg offices to include Penn Dot,
Public Welfare, Dept. of Revenue, DEP, DCNR, Auditor General, Attorney General to
name a few of the largest agencies. However, DCED and State Police Headquarters
will remain my personal accounts until your experience and the consent of the client
allows the turnover of those clients to your management. There are existing clients
outside Harrisburg that will remain the existing salesperson. Those clients that are not
currently purchasing from POSG are open targets. As discussed amnti Wed
specifically, the Ephrata State Police and Millersville University opportunities
become yours.
t'r3 7" 763-A7S3•' 2C.O;_ _695•FAX(717;
7
309 fiouch 110th Scree. • Lamagre p. ? ? '!
Jlm Kise
Page Two
June 22, 1998
Upon arrival on July 13, 1998, you will receive a copy of our policy manual that
explains vacation, holiday and other benefits and responsibilities. The only time
requirement would be to attend our staff meeting every Monday morning at 8:00 am.
You are scheduled to attend the GF Sales Training on July 18th and 19th in Gallatin,
TN. Flight schedules are attached. I am also asking your commitment to the Dale
Carnegie Sales Advantage course starting August 31, 1998 running 13 weeks on
Monday night, 6:30 pm until 10:00 pm at the Holiday Inn in New Cumberland.
I personally look forward to becoming a part of our team and know that your journey
will be successful.
Sincerely,
(? T
Linda Till
President
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Museum Commission $488.00 7980 t4? , 99
$75.00 7981 , aS
Ldd • Poft Marla $847.00 7804 S8. 32
DCEO $270.00 7828 MAR
5328.00 7820 1848 S.7
5375.00 7729 1883 g, $I
$3,728.00 7802 1881
MuseumArahim 5183.00 7888 1889 R,9, o sr
539200 7890 1747 d ,88
DCED-Barb Muslin 58.308.00 7928 2023 sag. YS
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P3P•Mai. Doutt $8.283.00 8080 Q33,a-?
$18S.00 8081 2035 ,2. 3a
PSRDunmore $2,701.00 7983/7 ,79 1981 M6.59
5814.00 7984 3Q, yo
Sz349.00 7973
$21200 7974 2011
PSRPhiladei is Wcal 5380.00 8178 s 9
:10,408.00 8037 0.1
$2,37200 8040 O 1
$1.820.00 8177 960, A/
$1,132.00 8170 /'/o, 19
Lop Reference Bureau $4,308.00 7777 1928 f Y 9V
$388.00 7849 1902 9, a 17
$4,239.00 7778 1929 , 38
$1.348.00 7779 1930 17 S.
PA Orrpt d Revenue $16.904.00 8088 I Z ?3•
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10/13/99 17:44 FAI TIT 338 9492 BJR BUSINESS FUR ®03
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Museum commission $1,021.00 8050 . ?o
-Tobi Gilson $125.00 8048 0 ,
s500.00 8049 , $O
OCEO-Anne Carand4r $3.058.00 7678 1982 1161216'5*
$197.00 7877 1888 ,Z.7
OCED $1.29200 7822 1877 a2 f/• B6
PSP48ethlehem Lab $3.649.00 7841 1892 S1/. 80
$4.588.00 7834 1921 yS
$680.00 7838 7951 0
38,991.00 7845 1989 9. S3
5214.00 7835 1998 o
$28,513.00 7840 1998 /Rsf.
114,350.00 7838 1987 339.39
$3,917.00 7837 1998 3.93
$32011.00 78S 2021 963,09
PSP-Limo Lab $3,484.00 7657 1969
9959 1999 3,2 'Y 9S
$35.956.00 7865 2000 0.98
53,853.00 7860 2001 0
$15.038.00 7855 20M 30
52.339.00 7900 2003 12g.017
$2,729.00 7802 2004 y . 5-12
$2,084.00 7801 2005 3/. Y/
$9.107.00 7861 2008 _?Co. '7/0
Agriculture :258.00 7741 17ae /, 53
PSP.Media $4,331.00 7537 1579 -713,,R5-
$777.00 7504 1804 516
$17,649.00 7525 1642 9S, 33
$1.735.00 7530 1733 ! 319, ?o
$15.889.00 7535 1896 0 8 9 00
$51.710.00 7523 1959 3,76s. f/
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10/13/99 17:44 FAX 717 538. 9492 BJR BUSINESS FUR Q04
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$0.00 7739 1841
$0.00 7747 1875
$0.00 7745 low
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PSP•Behd $4,385.00 8158 3691,29
SM.00 6116 13. a
PSP-Erb $54200 7812 1864 y . 97
PennDOT L?nwaoer $218.00 7799 1828 a 9
PSP-Philadel hia Admin $22,859.00 8038 O 00
$1,282.00 8042 2019 /ag-q/
$506.00 6041 88 a.SO
Penn DOTPhilaCnry $18229:00 8102 .7.88
PSP-R8J $549.00 8137 915,
$1.623.00 7755 1824 0, .2
$1.030.00 7756 1627 90716'0
PSP-Butler $2,466.00 MA 1923 JA9, 95e
$185.00 7658 1884 _
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Labor & Indusoy $2,57200 8048 O s
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PSP-Eris Annex $31,178.00 8148 3
$3.685.00 $132 3 B
$4,517.00 8133 O
PSP1,teeneburg $2,8a2.00 8130 0,?y
$1,10200 $131 ,
PSP-Guinn $2,028.00 8121
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10/13/99 17:44 FAI 717 388 9492 BJR BUSINESS FUR ®08
Pw Avondale $1100.00 7987 2035 89,
52431.00 $120 /.Z
PSPYork $8.848.00 8161 y39,a,2
PSP-MiabodMia $4,427.00 8157 S 3S
PA BukWm Assodation $2.038.00 6172
Ocm $2.466.00 8166 , e?8
DCM $M.00 6188 .9
$310.00 8110 , (y rJ
$664.00 8069 6 , /
$420.00 7927 00, ?9
PannDOT $1,236.00 8109 96,900
Historical / Museum $286.00 7982
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PSP-HQ 5183.00 7935 1898 o, 9A
$337.00 $122
PSP-Sold OBbes 8095 S
$1,100.00 7967
$moo 8123 SO
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$1.274.00 8119 9,2. -YR
7928 1948 I R. (o S
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Auditor General(BIO) $18,317.00 796E ;)D
Pann6eld $939.00 8147 VHF
$1.214.00 7901 9
Archft tural ToW I-$90000.00
(V2 commission)
P. 4/
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PSP rata 30.339.00 Sd /. /1?
PsP.0"AfeW 370,715.00 5/ 9,68
PSP.CWaf W dd-0na $797.00
Penrr6Nd Corp 340,924.0. a S 7, 9S
PSP43odgehem lab 32,424.00 S/, SO
PSP-Ba61Nham lab 391509.00 S9
PsP-Beir "/ .. Gob ;f oo.vo 617a o30 00,00
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CERTIFICATE OF SERVICE
AND NOW, this )VtIday of (5?-,TbBPI , 1999, I, Michael A.
Koranda, Esquire, attorney for the Plaintiff, hereby certify that I served the within FIRST
AMENDED COMPLAINT this day by:
U.S. Mail, first class, postage prepaid, addressed to:
Glenn R. Davis, Esquire
LATSHA DAVIS & YORE, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
By:
MICHA L A. KORANDA
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
V. No. 99-5210 - Civil
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants CIVIL ACTION - LAW
ORDER
AND NOW, this
day of September, 1999, it is hereby
ORDERED and DECREED that Plaintiff, James A. Kise, has thirty (30) days from the
date of this Order in which to amend his Complaint to specify the theory of liability
asserted against Defendants and attach all writings upon which the liability is
predicated.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
V. No. 99-5210 - Civil
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants CIVIL ACTION- LAW
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed preliminary objections within
twenty (20) days from the service hereof or your Complaint may be dismissed.
LATSHA DAVIS & YOHE, P.C.
By C''B4?Q3JO
Glenn R. Davis
Attorney I. D. No. 31040
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendants, Pennsylvania
Office Service Group and Linda Till
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
V.
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants
No. 99-5210 - Civil
CIVIL ACTION - LAW
DEFENDANTS' PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
AND NOW, COMES, Defendants, Pennsylvania Office Service Group and Linda
Till, and files the foregoing preliminary objections to Plaintiff's Complaint as follows:
Demurrer/Motion For More Specific Pleading
1. Plaintiff commenced this action by filing a Complaint on or about August
18, 1999.
2. The Complaint alleges in Paragraph 6 that Plaintiff was employed by
Defendant, Pennsylvania Office Service Group, as a sales representative from
approximately July 13, 1998, until June 14, 1999.
3. The Complaint in Paragraph 7 avers that at the time of Plaintiff's
separation from employment he was owed $13,161.61 in commissions, which, despite
repeated demands, remains unpaid.
1
4. A review of the remaining averments in Plaintiff's Complaint indicates
that Plaintiff has failed to set forth, with any specificity, how the alleged repeated
demands were made and to which Defendants.
5. If Plaintiff's demands are alleged to have been in writing, Plaintiff has
failed to attach such writing as required by Pa. R.C.P.1019(h).
6. Plaintiff alleges in a conclusory fashion in Paragraph 8 that Defendants'
failure to pay the wages constitutes a violation of the Pennsylvania Wage Payment and
Collection Law, 43 P.S. § 260.3(a) and (b).
Plaintiff has failed to set forth with any specificity the facts upon which
his allegations that commissions are owed to him are based.
8. Plaintiff fails to set forth with any specificity the manner in which he was
alleged to have been compensated throughout his eleven months of employment.
9. Plaintiff's Complaint is vague, general and insufficient to permit
Defendants to properly respond to the same in violation of Pa. R.C.P.1019(a) and (f).
10. Plaintiff should be ordered to file a more specific pleading, setting forth
with particularity, the theory and factual underpinnings under which he alleges to be
owed "wages."
11. Plaintiff should be ordered to file a pleading in conformity with Pa. R.C.P.
1019(a), (f) and (h).
50654.1
WHEREFORE, Defendants, Pennsylvania Office Service Group and Linda Till,
pray that Plaintiff be required to file a more specific Complaint, or in the alternative,
that this matter be dismissed with prejudice.
Dated: 37 9i
Respectfully submitted,
LATSHA DAVIS & YOHE, P.C.
By (7?t Q0..b
Glenn R. Davis
Attorney I. D. No. 31040
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendants, Pennsylvania
Office Service Group and Linda Till
.90654.1
SET-27-99 MON 3:37 PM PA. OFFICE SERVICE GROUP
FRCM ILRTSHA rjPV15 B YUM6,P.C.
(717) 761-2286
FAX NO. 717 763 5652 P. 4
1999.09-27 1416e 0432 P.02/02
yeluPlCATION
The undersigned hereby verifies that the statements of fact in the foregoing are
true and correct to the best of my knowledge, infotmation and belief. I undtretartd tha t
any fair statements therein are subject to the penalties contained in IS Pa. C. S. § M,
relating to unswom falsification to authorities.
Dated: SLAA. a7 qq n15e v U e.
da Till
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Defendants' Preliminary Objections to Plaintiff's Complaint have been served
by first-class United States mail, postage prepaid, upon the following:
Michael A. Koranda, Esq.
Tomasko & Koranda, P.C.
219 State Street
Harrisburg, PA 17101
Dated:
Glenn R. Davis
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JAMES A. KISE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS. NO. trf - Sa I U
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: 800-990-9108 or 717-249-3166
JAMES A. KISE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs. : NO. 9q. S z/ U et,?) 7-a,
PENNSYLVANIA OFFICE SERVICE
GROUP and LINDA TILL,
Defendants.
CIVIL ACTION - LAW
COMPLAINT
NOW COMES Plaintiff, James A. Kise, by and through his attorneys, Tomasko &
Koranda, P.C., and files the following Complaint against Defendants, Pennsylvania Office
Service Group and Linda Till, averring:
Parties
1. Plaintiff, James A. Kise, is an adult individual residing at 27 N. 7th Street,
Columbia, Lancaster County, Pennsylvania.
2. Defendant, Pennsylvania Office Service Group ("POSG"), is a corporation duly
authorized and existing under the laws of the Commonwealth of Pennsylvania with its principal
place of business at 309 S. 10th Street, Lemoyne, Cumberland County, Pennsylvania.
Defendant POSG is an "employer" as defined by the Pennsylvania Wage Payment and
Collection Law, 43 P.S. § 260.2a.
3. Defendant, Linda Till an adult individual doing business at 309 S. 10th Street,
Lemoyne, Cumberland County, Pennsylvania. Defendant Till was, at the times hereinafter
mentioned, the President of Defendant POSG. As such, Defendant Till is an "employer" as
defined by the Pennsylvania Wage Payment and Collection Law, 43 Pa. C.S. § 260.2a.
Count I
Violation of Pennsylvania Wage Payment and Collection Law
Plaintiff, James A. Kise vs. Defendants, POSG and Till
5. The amount in claimed in the instant action does not exceed the jurisdictional
amount requiring arbitration referral by Local Rule of Court.
6. Plaintiff was employed by Defendant POSG as a sales representative from
approximately July 13, 1998 until June 14, 1999. As such, Plaintiff was an "employee" as
that term is used in the Pennsylvania Wage Payment and Collection Law, 43 P.S. § 260. 1, et
seg.
7. At the time of Plaintiff's separation from employment with Defendant POSG, he
was owed approximately $13,161.61 in commissions, which, despite repeated demands,
remains unpaid. Plaintiff is unable to state the exact amount owed to him by Defendants since
same can be determined only by reference to certain documents which are in the exclusive
possession, custody and/or control of Defendants.
8. The above commissions constitute "wages" under the Pennsylvania Wage
Payment and Collection Law, 43 Pa. C.S. § 260.2a, and the Defendants' failure to pay the
wages constitutes a violation of the Pennsylvania Wage Payment and Collection Law, 43 P.S.
260.3(a) and (b).
9. In accordance with 43 Pa. C.S. § 260. 10, and in addition to the amount due,
Plaintiff is entitled to liquidated damages against Defendants of twenty-five percent (25%) of
the amount due.
10. In accordance with 43 Pa. C.S. § 260.9a(f), Plaintiff is entitled to reasonable
-1).
attorneys fees and costs associated with this action.
WHEREFORE, Plaintiff, James A. Kise, respectfully requests that this Honorable
Court enter judgement in his favor and against Defendants, Pennsylvania Office Service Group
and Linda Till, in the amount of approximately $13,161.61 for unpaid wages, together with
liquidated damages of twenty-five percent (25%) of the amount due pursuant to 43 Pa. C.S. §
260. 10, reasonable attorneys fees and costs pursuant to 43 Pa. C.S. § 260.9a(f), and such other
relief as is deemed proper and just.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
By. ?.
MICHAEL A. KORANDA
PA ID #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: 240 9
-) -07' N 1?e
)2MES A. KISE
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05210 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KISE JAMES A
VS.
PENNSYLVANIA OFFICE SERVICE
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon PENNSYLVANIA OFFICE SERVICE GROUP the
defendant, at 14:30 HOURS, on the 3rd day of September
1999 at 309 SOUTH 10TH STREET
LEMOYNE, PA 17043 CUMBERLAND
County, Pennsylvania, by handing to JOE ESHELMAN (Accounting Officer)
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 19.92
Service
Affidavit .00
Surcharge 8.00 omas ine, eri
$35.92 TO SKO & KORANDA
097/1999
by
epu eri
Sworn and subscribed o before me
this 9 = day of
19'9-)_ A.D.
Q.,2.? a- - ? ?`
Q.
ro ono a y
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05210 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KISE JAMES A
VS.
PENNSYLVANIA OFFICE SERVICE
CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon TILL LINDA the
defendant, at 14:30 HOURS, on the 3rd day of September
1999 at 309 S 10TH ST
LEMOYNE, PA 17043 CUMBERLAND
County, Pennsylvania, by handing to JOE ESHELMAN (ACCOUNING
OFFICER)
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
6.00 So answers:
Service .00
Affidavit .00 T^'? ~
Surcharge 8.00 omas ine, eri
$14 . u u- TOh?ASKO & KORANDA
09/07/1999
by w 2
epu y ri
Sworn and subscribed to before me
this '7 f? day of
199_ A.D.
rotnonorar
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
CIVIL ACTION - LAW
Plaintiff
No. 99-5210 CIVIL
V.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
Defendants JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
18. Paragraphs I through 17 of Plaintiffs Complaint are incorporated by reference
herein.
19. First Amended Complaint Exhibit "A" speaks for itself.
20. Admitted.
21. Admitted in part and denied in part. Admitted that Plaintiff was to become a
commissioned employee. As to the balance of the allegation, it is denied. After reasonable
investigation, Plaintiff is unable to determine proof of the remainder of the averment (i.e. the
commission structure in place and practiced by POSG). Proof is demanded.
22. Admitted. Further, Plaintiff did not receive commissions statements except on a
infrequent basis and after repeated requests for an accounting of his commission earnings and an
explanation as to how they were calculated. Plaintiff objected to those statements he did receive.
23. Admitted and denied. Admitted that Plaintiff generated sales which resulted in
commission income. Denied that he was ever given a full statement of his commission earnings.
Further, the commission statements he did receive were calculated inconsistently.
24. Denied. It is denied that there was any accurate reporting of commission earnings.
Further to the contrary. Plaintiff continually objected to being shorted in his commission
earnings.
25. Admitted.
26. Denied. To the contrary. Defendants have claimed the balance due and demand that
Plaintiff pay, which he has refused for reasons set forth in his Complaints in this action.
27. Admitted.
28. Denied for reasons set forth elsewhere herein.
29. Denied for reasons set forth elsewhere herein.
30. Denied. As set forth in his Complaints, it is Defendants who owe Plaintiff money for
back wages and commissions and for penalties under the Wage Payment and Collection Law.
31. Denied. For reasons set forth elsewhere herein, it is both denied that monies are
owed to Defendant, POSG, or that there has been any accounting for commissions other than
after suit in this action has been commenced.
32. Denied for reasons set forth in paragraph 31 above.
33. Admitted that this is part of Defendant POSG's cost of doing business, and that this
is a cost taken into account by entities like POSG.
34. Specifically denied. To the contrary. Plaintiff engaged in no personal conduct or
other conduct that was harmful to the interests of POSG.
35. Denied. To the contrary. PlaintitTperl'ormed no threat of violence or acts of
harassment or conducted himself in any way other than in the manner which had been condoned
and approved by Defendants, both in the conduct of Defendant fill and the condoned conduct of
the employees.
36. This is a legal conclusion for which no response is necessary.
37. This is a legal conclusion for which no response is necessary.
38. Denied. After reasonable investigation, Plaintiff is without information sufficient to
form a belief as to the proof of the averment. Proof is demanded. Further, this has no relevancy
because of Defendants' failure to file objections.
39. Denied for reasons set forth in paragraph 38 above.
WHEREFORE, Plaintiff respectfully requests the relief set forth in his Second Amended
Complaint.
Respectfully submitted,
Dated: By: 41,
Kenneth X Wise, Esquire
Attorney I.D. No. 16142
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17107-1489
VERIFICATION
Upon my personal knowledge or information and belief, 1 hereby verify that the facts
averred in the foregoing Plaintiffs Answer to New Matter are true and correct to the best of my
knowledge, information, and belief. I understand that false statements or averments therein made
will subject me to the criminal penalties of 18Pa.C.S. § 4904 relating to unswom falsification to
authorities.
Date: a?
t, I ames A. Kise
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES A. KISE,
Plaintiff
CIVIL ACTION - LAW
No. 99-5210 CIVIL
v.
PENNSYLVANIA OFFICE SERVICES
GROUP, and LINDA TILL
Defendants JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
1 hereby certify that I am this day serving a true and correct copy of the attached Plaintiffs
Reply to New Matter on following individual by First Class U.S. Mail addressed as follows:
Glenn R. Davis, Esquire
Chadwick O. Bogar, Esquire
Latsha Davis & Yohe, P.C.
P.O. Box 825
Harrisbur PA 17108-08115
Date:
b. ?
By:
Kenneth A. Wise, Esquire
Attorney 1. D. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
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