HomeMy WebLinkAbout03-5702IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE COMMONWEALTH OF PENNSYLVANIA
CORY A. CORMANY
V.
GARY KUYKENDALL
CASE NO. o 3- 5'09
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
You have been sued in Court. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after
the Complaint and Notice are served by entering a written appearance personally
or by attorney and by filing in writing with the Court your defense or objection to
the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and 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 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.
Court Administrator
Cumberland County Court House
1 South Hanover Street
Carlisle, PA. 17013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE COMMONWEALTH OF PENNSYLVANIA
CORY A. CORMANY CASE NO. C )j- S10,2.
V. CIVIL ACTION - LAW
GARY KUYKENDALL JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes, Cory A. Cormany, Plaintiff, and sets forth causes of
action against the above named Defendant, wherefore the following is a statement:
1. Mr. Cory A. Cormany is an adult individual residing in
Cumberland County, Pennsylvania.
2. Mr. Gary Kuykendall is an adult individual residing in Cumberland
County, Pennsylvania.
3. Plaintiff, Cory A. Cormany, is a high school graduate, a university
undergraduate, a taxpayer, a registered voter, a citizen, a confirmed methodist,
and a veteran of the United States of America.
4. Defendant is Gary Kuykendall, a company manager employed by
Hess Corp. of Carlisle, Pennsylvania; (Amerada Hess Co.).
5. The plaintiff is an equal opportunity applicant interested in Hess
Corp. of Carlisle, Pennsylvania; (Amerada Hess Co.).
(1)
6. In or about the month of March of the year 2003, the plaintiff did
pursue an employment application at the Amerada Hess Co. of Carlisle, the High
Street location, authentic a taxable yield.
7. Pursuant the issues described in the aforementioned statements, the
plaintiff, Cory A. Cormany, did achieve and follow-up employment beneficiaries
through the Amerada Hess Co. of Carlisle, the HR Service Center, One Hess
Plaza, Woodbridge, N.J. 07095-9987; (Starbridge Sickness and Accidental Plan).
8. In or about the month of September of the year 2003, the plaintiff
did pursue and service an active Health Insurance Plan reliable The Amerada Hess
Corporation, foregoing a timely full-time employment.
9. On or about September 13th of the year 2003, and through and about
October 13th of the year 2003; the plaintiff, Cory A. Cormany, did directly error
a financial indifference of approximately One Hundred Fifty Six and 00 Dollars
(156.00), non-evidentiary a Banking Depository or Notice.
10. Pursuant the foregoing business the defendant, Gary Kuykendall, did
reduce and cut a scheduled working balance for the plaintiff, Cory A. Cormany,
effecting wages and benefits without prior documentation or authorization, or
approval.
11. On or about October 20th of the year 2003, circumstantial an
employee (Samantha Melton), and relevant a previous job interview submissive an
negotiation, the defendant did eliminate the plaintiff, Cory A. Cormany, from
(2)
employment activity at The Amerada Hess Corp. of Carlisle, Pennsylvania.
12. Preceding the objects described in the aforementioned statements, the
plaintiff, Cory A. Cormany, did request reason for the said; "schedule reductions",
and did sequester proof substantial the said; "banking notices", also
acknowledging other employees with accumulated differences, as well as
mechanical problems with the Mainframe and Brinks Safe.
13. Pursuant the events described in the aforementioned statements, the
defendant, Gary Kuykendall, did state that he did not have quote "excess hours",
to continue to employ the plaintiff, unless the company would supply him with
such objectives and obligations; responsible a Prepay Policy and the Management.
14. On or about October 30th of the year 2003, the plaintiff, Cory A.
Cormany, did inquire as to the affects reliable The Commonwealth of
Pennsylvania and unemployment, rhetorical the Health and Safety, Equal
Employment, and Human Relations Commissions of the Commonwealth of
Pennsylvania.
15. The Defendant, Mr. Gary Kuykendall, did negligently discriminate
with prejudism and malice, subordinately causing mental anguish, public
humiliation, emotional duress, and deprivation of equal right nonnegotiable
to the Plaintiff, Mr. Cory Connany.
16. The Defendant, Mr. Gary Kuykendall, did deliberately cause Mr.
Cory Cormany lost wages and employment, benefits and expenses in the
(3)
foregoing amount, excessive a potential amount of Ten Thousand and 00 Dollars
(10,000.00), respectfully submitted exhibits A through D.
17. By reason of the aforementioned; Mr. Cory Cormany has suffered
discrimination, mental anguish, public humiliation, emotional duress, slanderous
deprivation, loss of wages and employment, benefits, and expenses as a result of
the Defendant, Mr. Gary Kuykendall.
WI-IEREAS, plaintiff, Cory A. Cormany, claims from the defendant, Gary
Kuykendall, punitive and compensatory relief in an amount in excess of Ten
Thousand and 00 Dollars (10,000.00), plus costs of suit.
(4)
YF,HIFICATInN
I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify
and state that the facts set forth in the Complaint against Mr. Gan' Kuykendall are
true and correct to the best of my infonnation, knowledge and belief. I understand
made subject to the penalties of Pa. C.S.A. Section
that false statements herein are
4904, relating to unsworn verification to authorities.
Dated en fw ") A' -
By
Cory A. Cormany
By --J11A
Notary
NorAII USM
IMMMP.CLWMM .WTAMPUNM
CW W /apMlti C?wiYMrMCwiry
M?C??HgYrYN?Mr,9M?
(5)
ER FI TION OF SERVICE
AND NOW, this day of ,- 2003, I, Cory A. Cormany
foregoing the aforesaid matter knowledgeable a legal pretext, and the
Commonwealth of Pennsylvania, hereby certify that I have served a copy of same
in person or by the United States Mail at Carlisle Pennsylvania, addressed as
follows:
Mr. Gary Kuykendall
Amerada Hess Corp.
602 High Street
Carlisle, PA 17013
Esquire Noted:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, PA 17013
EXHIBIT
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BALTIMORE CITY HEALTH DEPARTMENT
NOTIFICATION OF EJJRTH REGISTRATION
This certifies tha l liere is on file in
the Bureau of r! Records of tale
73altimore Citt th 'De artntpg
a record of t f
NAMR nF csttaCarq Al ~'?' ? p
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COMM/YIflNlR O! MCAL?H
AND
REODTRA* OP VITAL RACORDs
PLEASE SEE Oi*ER 81DE FOR
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EXHIBIT
1::61
EMPLOYMENT TRAINING AND
EXPERIENCE SUMMARY
1. AMERADA HESS CORP. SEVEN TO THREE SHIFT
A) Register C) Stocking/Coffee Consumption
B) Lottery/Lotto D) General Maintenance
2. AMERADA HESS CORP. THREE TO ELEVEN SHIFT
A) Register C) Stocking/Coffee Consumption
B) Lottery/Lotto D) General Maintenance
3. AMERADA HESS CORP. ELEVEN TO SEVEN SHIFT
A) Register C) Stocking/ Coffee Preparation
B) Lottery/Lotto D) General maintenance
4. AMERADA HESS CORP. EQUIPMENT KNOWLEDGE
A) Fuel Dispatch C) Hot Dogs/Coffee
B) Soda/Cappuccino D) General Maintenance
5. AMERADA HESS CORP. MANAGERIAL POLICIES
A) Check Out C) Inventory Awareness
B) Sales/Confirmation D) General Maintenance
6. AMERADA HESS CORP. ADVERTISING POLICIES
A) Monthly Promos. C) Price Coordination
B) Suggestive Sales D) General Maintenance
7. AMERADA HESS CORP. RESOURCE POLICIES
A) Health Care C) Dispatch Center
B) Central Office D) General Maintenance
8. SPECIAL DETAILS AND DIRECTIVES
A) As Assigned
(1)
EXHIBIT
C
MEMORANDUM
To: Employees Eligible for the Company's Employee Benefits Program
From: Corporate Benefits Department
Date: December 2001
The Company is pleased to present you with the enclosed binder - HESSolutdons To
Your Benefit Needs - which describes in detail the Amerada Hess Corporation Employee
Benefits Program. This Guide contains Summary Plan Descriptions ("SPDs") for each of
the employee benefit plans offered by the Company. Each type of coverage has a
corresponding icon for easy identification. An icon key is included to help you match the
icon with the appropriate benefit plan. This Guide's format allows for future updates to
be distributed on an on-going basis as benefits change.
Benefits are a valuable part of your total pay and it is important to understand the plans
which the company offers and how they tray meet your coverage needs.
Medical Coverage helps protect you and your family in the event of illness or injury.
• A Health Care Flexible Spending Account (FSA) lets you pay for your out-of-pocket
health care expenses with before-tax dollars.
Basic Life Insurance is provided at no cost to you.
Optional Life Insurance allows you to purchase additional life insurance for yourself
and your dependents.
The Long Term Disability Insurance provides income protection in the event of a total
disability.
Both the Pension Plan and the Employees' Savings and Stock Bonus Plan help you
save money and plan for your retirement.
Please review the enclosed information to learn about these and other benefits that may
help meet your and your family benefit needs.
If you have questions or need assistance, please call your Human Resources department.
2003
HOURLY RETAIL OPERATIONS
(&Wudin9 Asst- Mans9are)
EMPLOYEE BENEFIT COST SHEET
MEDICAL PLAN - STARBRIDOE
WEEKLY RATES:
Leven Le4612 Level3
EE Only $1 All $2.49 $3.99
EE + Ons $328. $5.49 58.78
EE i Family $5.06 $8.46 $13.58
DENTALMSION PLAN - STARBRIDGE
WEEKLY RATES:
EE Only $1.31
BE + One $2.62
EE i Family $3.93
VISION CARE PLAN - SPECTERA
WEEKLY RATES:
EE Only $1.13
EE + One $2.02
EE i Family $3.45
OPTIONAL LIFE INSURANCE PLAN - The rat" below are based upon your age as of December 31st of the current year.
HARTFORD
Monthly OpUarN Life Insurance Rafts
Par $1,000 of Coveralls
AGE NON-SMOKER SMOKER
Under 25 S 0.05 $ 0.05
25.29 OAS 0.06
3634 0.08 0.08
35-39 0.09 0.05
4044 0.10 0.10
4549 0.15 021
50.54 029 0.39
55.59 0.43 0.59
8064 0.66 0.94
85-09 127 127
70-74 2.06 2.50
75.79, 3.85 3.85
80+ 7.50 7.50
Spouse Coverace: The cost for spouse coverage (50% Of employee coverage, maximum of 550.000)
is based on your age and the amount of coverage you Ned.
Child(ren) Coverpe: $1.00 per month for $5,000
BASIC LIFE INSURANCE - HARTFORD Company paid We insurance $10,000.
LONG TERM DISABILITY - HARTFORD .46 ands per $100 of monthly annual benefit base.
HEALTH i DEPENDENT CARE You an elect a whole dollar amount from a minimum of 5200 to a maxmum of $5,000 for each
FLEXIBLE SPENDING account
ACCOUNTS(FSA)
FAMILY ACCIDENT - AIG For every $10.000 of coverage you elect (maximum of 10 times your annual salary or up to
$500,000, whichever is lower). the following rates apply:
MONTHLY COST
Employee Employee Employes
Employee and and and
only spouse Family Children
For each $10,000 .22 .30 .33 .27
2003-Group Enrollment Cost Shest(ROH).xls
Medical Plan Profile
Spectera Vision Plan Profile
Customer Service: 1-800-638-3120 • Web site: fitto:ltwww.soectcra.com
Spectera offers a PPO-like vision
care plan with In-Network and
Out-of-Network coverage.
More than 10,000 optometrists,
opthamologists and retail optical
providers Cohen's, Sterling,
Wal-Mart. EYE DRx) are part of the
Spectera network. When you use
one of these members, there is a
co-pay, then substantiai discounts
apply. Coverage includes annual
eye exams. discounts on frames
(approximately 27,000), lenses,
So varieties of contacts, and laser
eye surgery.
The chart to the right provides more
detail on coverage and cost
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EX_ WHIT
D
CO. FILE DEPT. CLOCK NUMBER 4391
AI 084372 G38358 0002380372 1
AMERADA HESS COMPANIES
HR SERVICE CENTER
I HESS PLAZA
WOODBRIDGE, NJ 07095
Taxable Mantel Status. Single
Exemptions/Allowances:
Federal: 0
PA: N/A
Carlisle B: 0
Social Security Number: 182.62 .5823
Earnings rate hears this period
Regular 7.2500 40.00 290.00
O/T 10.8750 .10 1.09
Shift Diff Reg 5.88
Shift Diff O T 0.04
i?resr 1'#alkjr :41di?".fx1'
Deductions Ststutory
Federal Income Tax -29.56
Social Security Tax -18.18
Medicare Tax -4.25
PA State Income Tax -8.21
Carlisle 8 Income Tax -2.93
PA SUI/SDI Tax -0.06
Other
Dental Ins -1 .31*
Medical Ins -2.49*
riv Tax
Occupp P
f ?? /?
Earnings Statement
Period Ending: 10(17/2003
Pay Date: 10)23/2003
CORY CORMANY
1883 DOUGLAS DRIVE
CARLISLE, PA 17013
year tdate Other Benefits and thin pew total to date
8 , 0.95 Information
4,63 Job Title: SALES ASSOCIATE 9110
12121 Work Status: FULL TIME
3.28 Cos, Center: 4356001-0590
6,86.07
es. 75
$2.34
44.50
p0.41
85.88
1.72
6.55
12.45
10.00
s
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F
" Excluded from federal taxable Wages
Your federal taxable wages this period are $283.21
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE COMMONWEALTH OF PENNSYLVANIA
CORY A. CORMANY
V.
SAMANTHA MELTON
CASE NO. 03-5702
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE.
You have been sued in Court. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after
the Complaint and Notice are served by entering a written appearance personally
or by attorney and by filing in writing with the Court your defense or objection to
the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and judgment may be entered against you by the Court
without farther notice for any money claimed in the Complaint or for any other
claim or relief requested by 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.
Court Administrator
Cumberland County Court House
I South Hanover Street
Carlisle, PA. 17013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE COMMONWEALTH OF PENNSYLVANIA
CORY A. CORMANY CASE NO. 03-5702
V. CIVIL ACTION - LAW
SAMANTHA MELTON JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes, Cory A. Connally, Plaintiff, and sets forth causes of
action against the above named Defendant, wherefore the following is a statement:
1. Mr. Cory A. Connally is an adult individual residing in
Cumberland County, Pennsylvania.
2. Ms. Samantha Melton is an adult individual residing in Cumberland
County, Pennsylvania.
3. Plaintiff, Cory A. Connally, is a high school graduate, a university
undergraduate, a taxpayer, a registered voter, a citizen, a confirmed methodist,
and a veteran of the United States of America.
4. Defendant is Samantha Melton, a company manager employed by
Hess Corp. of Carlisle, Pennsylvania; (Amerada Hess Co.).
5. The plaintiff is an equal opportunity applicant interested in Hess
Corp. of Carlisle, Pennsylvania; (Amerada Hess Co.).
6. In or about the month of March of the year 2003, the plaintiff did
pursue an employment application at the Amerada Hess Co. of Carlisle, the High
Street location, authentic a taxable yield.
7. Pursuant the issues described in the aforementioned statements, the
plaintiff, Cory A. Connany, did achieve and follow-up employment beneficiaries
through the Amerada Hess Co. of Carlisle, the HR Service Center, One Hess
Plaza, Woodbridge, N.J. 07095-9987; (Sturbridge Sickness and Accidental Plan).
8. In or about the month of September of the year 2003, the plaintiff
did pursue and service an active Health Insurance Plan reliable The Amerada Hess
Corporation, foregoing a timely fiill-time employment.
9. In or about the month of September of the year 2003, and thereto a
costly indifference; the Amerada Hess Corporation did retain employment service
to the defendant, nonnegotiable a problematic servitude.
10. On or about October 3rd of the year 2003, the defendant, Samantha
Melton, did procrastinate a nonresponsible servitude prior to the plaintiff, Cory A.
Connany, providing a timely financial and logical service.
11. Preceding the foregoing business the defendant did enjoin the
plaintiff, Cory A. Connany, continent a money-making circulatory, actual a
primary shortage, and non-evidentiary a Banking Depository or Notice.
12. On or about October 13th of the year 2003, Mr. Gary Kuykendall did
reduce the plaintiff a nonvoluntary "equated" reduction of working hours; in
(2)
iimnense a forthright servitude.
13. Pursuant the foregoing business the defendant, Samantha Melton, did
reluctantly create a hypocritical difference, care taking an abolishment of
employment opportunity, non-reliant an obligated servitude.
14. On or about October 30th of the year 2003, the plaintiff, Cory A.
Connany, did inquire as to the affects reliable The Commonwealth of
Pennsylvania and unemployment, rhetorical the Health and Safety, Equal
Employment, and Human Relations Commissions of the Commonwealth of
Pennsylvania.
15. The Defendant, Ms. Samantha Melton, did insubordinately
discriminate with prejudism and intent, negligently causing mental anguish,
public humiliation, emotional duress, and deprivation of equal right
nonnegotiable to the Plaintiff, Mr. Cory Connany.
16. The Defendant, Ms. Samantha Melton, did deliberately cause Mr.
Cory Connany lost wages and employment, benefits and expenses in the
foregoing amount, excessive a potential amount of Ten Thousand and 00 Dollars
(10,000.00), respectfully submitted exhibits A through D.
17. By reason of the aforementioned; Mr. Cory Cormany has suffered
discrimination, mental anguish, public humiliation, emotional duress, slanderous
deprivation, loss of wages and employment, benefits, and expenses as a result of
the Defendant, Ms. Samantha Melton.
(3)
WHEREAS, plaintiff, Cory A. Cormany, claims from the defendant,
Samantha Melton, punitive and compensatory relief in an amount in excess of Ten
Thousand and 00 Dollars (10,000.00), phis costs of scut.
(4)
VERIFICATION
I, Cory A. Cormany, Plaintiff in the above captioned action, hereby verify
and state that the facts set forth in the Complaint against Ms. Samantha Melton are
true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of Pa. C.S.A. Section
4904, relating to unsworn verification to authorities.
Dated 3 I ;L S 1 or-I
Witness
By
Cory A. Cormany
Notary
NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Boro. Cumberland County
My Commission Expires April 4, 2005
(5)
EXHIBIT
A
EMPLOYMENT TRAINING AND
EXPERIENCE SUMMARY
1. AMERADA HESS CORP. SEVEN TO THREE SHIFT
A) Register C) Stocking/Coffee Consumption
B) Lottery/Lotto D) General Maintenance
2. AMERADA HESS CORP. THREE TO ELEVEN SHIFT
A) Register C) Stocking/Coffee Consumption
B) Lottery/Lotto D) General Maintenance
3. AMERA DA HESS CORPP. ELEVEN TO SHIFT
A) Register C) Stocking/ Coffee Preparation
B) Lottery/Lotto D) General maintenance
4. AMERA DA HESS CORP. EQUIPME NT KNOWLEDGE
A) Fuel Dispatch C) Hot Dogs/Coffee
B) Soda/Cappuccin o D) General Maintenance
5. AMERA DA HESS CORP. MANAGERIAL POLICIES
A) Check Out C) Inventory Awareness
B) Sales/Confirmation D) General Maintenance
6. AMERA DA HESS CORP. ADVERTISING POLICIES
A) Monthly Promo s. C) Price Coordination
B) Suggestive Sales D) General Maintenance
7. AMERA DA HESS CORP. RESOURCE POLICIES
A) Health Care C) Dispatch Center
B) Central Office D) Customer Service
Q CDVCT AT TAUTAll CANT" " YY)Vr'rJATX`a
• V¢ ?.ll ?.?/ ?4.1. \a a..r? a a? aL Ll la`i Y?il 11 t Lli
A) As Assigned
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BALTIMORE CITY HEALTH DEPARTMENT
NOTIFICATION OF
REGISTRATION
`Pits certifies tha here is on file in
the Bureau of rl Records of the
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EXHIBIT
1
The Dependent Care FSA covers the expenses associated with caring for your eli-
gible dependents' so that you (and your spouse, If married) can work. In other
words, you can use the Dependent Care FSA if you are in one of the following cat-
egories:
O you and your spouse both work
you are a single parent with primary responsibility for child care
? you work and your spouse is a full-time student for at least five
months of the year
? you work and your spouse is physically or mentally incapable of self-care.
You may elect a whole dollar amount from a minimum of $200 to a maximum of
$5,000 (for a complete calendar year or pro-rated for mid-year enrollment) to con-
tribute to the Dependent Care FSA. A mid-year enrollment Is allowed if you are a
new hire or you have a "qualified life event."
ELIGIBLE EXPENSES
The expenses you can pay through your Dependent Care FSA Include:
o wages paid to a baby-sitter in or outside your home for care of an
eligible dependent *(Le: child under age 13).These expenses are not
covered if the person providing care is someone you claim as a
dependent, or if the baby-sitter is your child under the age of 19.
o services of a Dependent Care Center, such as an adult or child day-care
center, summer day camp` or nursery school. In order to claim reim-
bursement for the cost of a Dependent Care Center, the facility must
comply with all applicable state and local government laws and regula-
tions.
• wages paid to a housekeeper for providing care to an eligible depen-
dent (Le: children under 13). Household services (including the cost
to provide the ordinary and usual services needed to maintain your
home which are attributable in part to the care of a qualifying Indi-
vidual) are covered as long as the person providing the services is
not a dependent under age 19 or someone you claim as a dependent
for tax purposes.
' See page F2 for a definition of eligible dependents.
'Expenses for day camp can be submitted 45 days prior to the date the expense Is
incurred.
FR-9
STATEMENTS
You will receive quarterly statements showing the status of your Health Care
FSA and your Dependent Care FSA. The statements show all deposits to, and
payments from, your Account(s). You will also receive an Explanation of Payment
(EOP) statement showing the status of your FSA each time you submit a claim. The
EOP statement shows the amount of the claim, the amount eligible for reimburse-
ment, the amount paid to date on the claim and any remaining balance.
CONTINUATION OF YOUR FSA PA PATION
COBRA
After your employment ends, you can continue participating in the Health Care
FSA under the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA). Under COBRA continuation, you would have to pay your monthly con-
tribution plus a 2% administrative fee each month. Your contributions under
COBRA would be on an after-tax basis and therefore, would not provide the same
tax advantage. However, it will allow you to be reimbursed for expenses incurred
after you leave the Company so you can use up any Health Care FSA balance you
may have at that time. Refer to the Medical/Dental section of this Guide for more
Information on COBRA continuation of coverage.
The Dependent Care FSA is not available for COBRA continuation. For further
information on your COBRA rights, please refer to the Medical/Dental section of
this Guide.
FR-1 I
and wondering what to do:
o Talk to your manager as soon as you know you want to take a leave.
o Call your Human Resources department to find out the contributions you%
need to make to continue your benefits while you're on leave (as explained
below).
? Notification should be received at least 30 days before your leave is
scheduled to begin.
WHAT HAPPENS TO YOUR BENEFITS?
Unpaid Leaves of Absences:
Medical - You may be able to continue your coverage as long as you pay your
share of the cost. Coverage ends for the period employee does not pay while on
leave, however, an employee has 30 days from when he returns to work to elect
coverage; considered a Life Event.
Health Care Flexible Spending Account - Before-tax contributions end. You
can make contributions on an after-tax basis.This means you do not have any tax
advantages for continued participation, but as long as you continue to make con-
tributions you may submit claims for expenses incurred after you went on leave.
This allows you to access the balance you accumulated while you were at work.
Coverage ends for the period employee does not pay while on leave, however, an
employee has 30 days from when he returns to work to elect coverage; consid-
ered a Life Event.
Dependent Care Flexible Spending Account - Before-tax contributions end.
You can submit claims for expenses incurred through the end of the calendar year. --
Basic Life Insurance - Coverage continues at no cost to you for up to 8 weeks
unless you are on a Family and Medical leave then your coverage would continue
for 12 weeks. When your coverage ends, you may convert all or part of your basic
coverage to an individual policy. However, you must convert within 31 days after
coverage ends. Coverage will be reinstated when employee returns if leave Is
longer then the 8 weeks or 12 weeks of extended coverage.
Optional Life - Coverage continues as long as you continue making premium
payments during your leave. Will have to furnish evidence of Insurabilty upon
return if employee did not pay for premium during leave
Long-Term Disability - Coverage continues to the end of the month in which
your leave began. Coverage will be reinstated when employee returns from leave,
however, must be done immediately.
Savings Plan - Your contributions, and the company matching contributions
stop while you are on an unpaid leave.
Pension Plan - The impact your leave has on your Pension benefit depends on
many factors, such as how long you are out and how long you have worked for
the company. However, when considering your service over your entire career, the
leave should have very little impact if any.
Paid Leave of Absence:
The same limitation for coverage described above applies.Your contributions will
continue to be withheld from your paycheck to the extent you are eligible to
continue coverage.
Family and Medical Leaves:
Contact your Human Resources department when you go on a leave that is
covered by the Family Medical Leave Act (FMLA) since special rules may apply.
ER-6
LEAVE of ABSENCE
If you are on a paid leave of absence (receiving vacation pay or sickness and
injury pa) your participation in the Flexible Spending Accounts will not be
affected. Payroll deductions will continue, and you will continue to be reimbursed for eligible expenses.
If you are on an unpaid leave of absence, you ma choose to continue or dis-
continue your FSA participation. An unpaid leave ofYabsence Is considered a Life
Event under IRS code, which allows this choice. However, your choice will affect
your edibility for reimbursement under the separate Dependent Care and Health
Care FSAs.
In order to continue your participation, you will have to pay the Company the
amount of your usual FSA deductions with after-tax dollars while you remain on
an unpaid leave in order to continue your participation. If you do this, you will be
able to submit a claim for reimbursement of expenses as usual, including expens-
es incurred during your unpaid leave. When you return to work, contributions will
resume on a pre-tax basis. To participate in an FSA, you must make an annual elec-
tion.Therefore, you may only continue your participation for the current year. If
your leave extends into the next year, you must return to work before you can
make a new election.
If you elect to discontinue your participation or do not make the appropriate pay-
ments during your unpaid leave, your FSA participation will be discontinued as of
the date of your last payment. If this happens, you will not be eligible for reim-
bursement for Health Care FSA expenses incurred after your payments stop. But
for the Dependent Care FSA, you will be eligible to continue to be reimbursed for
eligible expenses for the remainder of the current year, including expenses
incurred after your payyments stop. After you return to work, you will have to
wait to enroll In the for next year You will not be eligible to rsenroll for
the current year.
If your unpaid leave is granted under the Family and Medical Leave Act of
1993 (FMLA), the procedures described above will apply.There Is one exception.
If you elect to discontinue your participation or fail to make payments during
your leave, you will be able to resume participation in the FSAs as soon as you
return to work (instead of waiting until the next year). Please note if you still have
funds in your account and elect to discontinue your participation or fail to make
payments while on your leave, you will not be eligible to be reimbursed for
Health Care FSA expenses incurred after your payments stop. However, for
Dependent Care FSA, you will be eligible to continue to be reimbursed for eligible
expenses for the remainder of the current year, including expenses incurred after
your payments stop.
If you elect to resume your FSA after your FMLA leave, the total amount deducted
will not equal your annual amount. Your annual amount will be equal to your orig-
inal election reduced by the contributions not paid during your leave. For exam-
ple, if your original Healthcare FSA amount was $1,200 ($100 per month) and you
discontinued your participation during a two-month FMLA leave, your contribu-
tions would resume at $ 100 per month, but the total amount for the year would
be $1,000 ($1,200 - $200).
DEATH
If you die, your dependents may continue to participate In the Health Care FSA
through COBRA. If they do not elect to continue coverage, they may submit
claims against your Account to pay eligible health care expenses incurred before
your contributions stopped at your death.They may submit claims for expenses
incurred after your death only if they elect continuation of coverage under
COBRA (that is, by continuing to contribute to the Account on an after-tax basis).
FR-12
.. and wondering what to do if you iv transferring.,
o Talk to your manager
o Update your personnel and payroll records (e.g., new address)
o Call your Human Resources department to determine if you need to
change your medical coverage elections.
.. or you're wondering about what to do if yvu ie leaving the company.
v Submit a letter of resignation to your manager and schedule an exit
interview.
• You will be sent or given at your exit interview a Certificate of
Continued Medical coverage to present to your new employer (if
applicable).This may reduce or eliminate a waiting period for any
pre-existing conditions you may have (new Plan may have pre-existing
waiting period).
• A COBRA form for you to continue your medical coverage as well as
Health Care Flexible Spending Account participation.
Contact your Human Resources department:
• Find out about how to continue your medical coverage as well a your
Health Care Flexible Spending Account participation.
• Get information about payout of your unused vacation days.
• Convert your Basic Life Insurance and/or Optional Life Insurance to an
individual policy, if desired.
• Receive an estimate of your monthly benefit amounts under each Plan
payment option.
• Call Fidelity (800-835-5059) to learn about your options under the
Savings Plan.
WHAT HAPPENS To YOUR BENEFrrs?
Here's what happens to your benefits when you terminate your employment:
Medical. - Coverage ends unless you elect and pay for continued coverage under
COBRA.
Health Care Flexible Spending Account - Before-tax contributions end.You
can submit claims incurred before your termination date. You can choose to make
contributions on an after-tax basis through COBRA until the end of the calendar
year. This means you do not have any tax advantages for participating, but as long
as you continue to make contributions, you may submit claims for expenses
incurred after you leave the company.This allows you to access the FSA balance
you accumulated while you were an active employee.
Dependent Care Flexible Spending Account - Before-tax contributions end.
You can submit claims for expenses Incurred through the end of the calendar
year.
Basic Life Insurance - Coverage ends on your last day of employment, but you
can convert your basic life Insurance to an individual policy by completing and
submitting a conversion application within 31 days after the coverage ends.
ER-9
EXHIBIT
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MEMORANDUM
To: Employees Eligible for the Company's Employee Benefits Program
From: Corporate Benefits Department
Date: December 2001
The Company is pleased to present you with the enclosed binder - HESSolutions To
Your Benefit Needs - which describes in detail the Amerada Hess Corporation Employee
Benefits Program This Guide contains Summary Plan Descriptions ("SPDs") for each of
the employee benefit plans offered by the Company. Each type of coverage has a
corresponding icon for easy identification. An icon key is included to help you match the
icon with the appropriate benefit plan. This Guide's format allows for future updates to
be distributed on an on-going basis as benefits change.
Benefits are a valuable part of your total pay and it is important to understand the plans
which the company offers and how they may meet your coverage needs.
• Medical Coverage helps protect you and your family in the event of illness or injury.
• A Health Care Flexible Spending Account (FSA) lets you pay for your out-of-pocket
health care expenses with before-tax dollars-
a Basic Life insurance is provided at no cost to you.
• Optional Life Insurance allows you to purchase additional life insurance for yourself
and your dependents.
• The Long Term Disability Insurance provides income protection in the event of a total
disability.
Both the Pension Plan and the Employees' Savings and Stock Bonus Plan help you
• save money and plan for your retirement.
please review the enclosed information to learn about these and other benefits that may
help meet your and your fan* benefit needs.
If you have questions or need assistance, please call Your Human Resources department.
2003
HOURLY RETAIL OPERATIONS
(ftakx tnp Aril. Manayele)
EMPLOYEE BENEFIT COST SHEET
MEDICAL PLAN - STARBRIDGE
WEEP LY RATES:
Lwed 1 Level 2
a only $IA9 $2.49
EE+One $328. $5.48
EE 6 Family $5.06 $8,45
DENTALMSION PLAN - STARBRIDGE
WEEKLY RATES;
EE Only $1.31
EE + One $2.62
EE i Family $3.93
VISION CARE PLAN -SPEC, RA
WEEKLY RATES:
EE Only
BE+One
BE i Family
OPTIONAL LIFE INSURANCE PLAN -
HARTFORD
Level 3
53.99
$8.79
$13.56
$1.13
$2.02
$3.45
The rata below ale bated upon your sye as of December 31st of the curets year.
Monthly Optional LNe Insurance Rabe
Par $1,000 Of CWAN"e
AGE NON40OKER
UMer 25 8 945 8 0.06
2b29 046 0.06
3034 0.08 0.08
35.39 0.09 0.09
40-1 0.10 0.10
4549 0.15 021
5054 0.29 0.39
55.59 0.43 0.59
60.64 0.66 0.94
6569 127 127
7074 2.06 2.5D
TS•79, 3.85 3.85
110+ 7.50 7.50
SDOM Coverace: The cwt for spouse c OMW (30% Of emPWM coverage, maximum Of 550,000)
is b"W On your age and the amount of coveralls you elsa
Ctdd(ren) Cowrece: $1.00 per month for 55,000
BASIC LIFE INSURANCE - HARTFORD Company paid We insurance $10,000.
LONG TERM OtSMUTY - HARTFORD AS cents per $100 of monthly annual bents blw.
HEALTH 6 DEPENDENT CARE You cen elect a whole dollar amount from a minimum of $200 to a msodmum of $5,000 for each
FLEXIBLE SPENDING account.
ACCOUNTS (PSA)
FAMILY ACCIDENT - A1G For every $10,000 of overage you elect (mmdmum of 10 8mes your annual salary or up to
5500,000, whichever is boa), the fallowing rates apply:
MONTHLY COST
Employee Employee Empbywe
Employes and and and
only spouse Family Children
For each $10,000 .22 .30 .33 .27
200S-Group Enrollment Cost Sheet(ROH)xis
Medical Plan Profile
Spectera Vision Plan Profile
Customer Service: 1-800-838-3120 • Web site: htt0of/www.saectera.com
Spectera offers a PPO-like vision
care plan with in-Network and
Out-of-Network coverage.
More than 10,000 optometrists,
opthamologists and retail optical
providers (e.g., Cohen's, Sterling,
Wal-Mart, EYE DRx) are part of the
Spectera network. When you use
one of these members, there is a
co-pay, then substantial discounts
apply. Coverage includes annual
eye exams, discounts on frames
(approximately 27,000), lenses,
50 varieties of contacts, and laser
eye surgery.
The chart to the right provides more
detail on coverage and cost:
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EXHIBIT
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE COMMONWEALTH OF PENNSYLVANIA
CORY A. CORMANY
V.
GARY KUYKENDALL
CASE NO. 03"" -!?:70a
CIVIL ACTION - LAW
JURY TRIAL
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You have been sued in Court. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after
the Complaint and Notice are served by entering a written appearance personally
or by attorney and by filing in writing with the Court your defense or objection to
the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and 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 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.
Court Administrator
Cumberland County Court House
1 South Hanover Street
Carlisle, PA. 17013
CERTIFICATION OF SERVICE
AND NOW, this,222\day of 200-1, I, Cory A. Cormany
foregoing the aforesaid matter knowledgeable a legal pretext, and the
Conunonwealth of Pennsylvania, hereby certify that I have served a copy of same
in person or by the United States Mail at Carlisle Pennsylvania, addressed as
follows:
CIO Mr. John Gervaise
Ms. Samantha Melton
Amerada Hess Corp.
602 High Street
Carlisle, PA 17013
Esquire Noted:
Cory A. Cormany
1883 Douglas Dr.
Carlisle, PA 17013
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE COMMONWEALTH OF PENNSYLVANIA
CORY A. CORMANY CASE NO. 03-5702
V. CIVIL ACTION - LAW
O
A WS APPEAL NO. 05-09-F-6275
nn 11``
f-ir?eccl c, Y?t?
c??G03 IMOTIONF
AND HERE, comes, Cory A. Cormany, Claimant; and motions for reconsideration
pursuant Pa. C.S.A. 42 J.J.P. Rule 2327. Who May Intervene. [A]t any time during the
pendency of [a]n action a `person' not a party thereto shall be permitted to intervene therein,
[s]ubject to these rules if: (a) the entry of ajudgment in such `action' or the `satisfaction' of such
judgment will imposed liability upon such person to indemnity in whole or in part the party
against whom judgment may be entered; or (2) such person is so situated as to be adversely
affected by a distribution or disposition of property in the custody or of an officer thereof; or (3)
such person could havejoined as an 'original' ar in the action or could have been joined herein;
or (4) the determination of such action may affect any 'legally' enforceable `interest' of such
person whether, or not such person may be bound by a judgment in an action. Generally,
Commonwealth Court has appellate `jurisdiction' only over final orders of a court of Common
Pleas. Iloover V. Bucks County Tax Claim Bureau 405 A.2d. 562, 44 Pa. Cmwlth. 529,
Cmwlth. Comwhh. 1979. Appeal and Error, 66. Such 'immense' rule [should] be subject a
servitude pursuant a procedure.
The referee is the person who is initially `responsible' for the making of finding and;
where he has failed for to do so; the correct and only remedy in a "review" proceeding is to
remand. Royal Pizza Houses Inc. V. Workmens Compensation Appeal Bd., 396 A.2d. 884.
1979. Workers' Compensation 1731: Workers' Compensation 1949. The commencementof any
issue[s] is 'derogatory'. Rules: Pa. C.S.A. 42 J.J.P. 564, 702, 705, '706, 721, 722, 724, 761
1101, 1102, 1103, 1105; as to a Comwlth. Servitude shall predicate Pa. C.S.A. 42 R.C.P.
Counterclaim (a) The defendant may set forth in the answer under the heading "Counterclaim"
any cause of action hereto fore asserted in assumpsit or tresspass which the defendant [h]as
against the `plaintiff at the time of the filing of the answer; (b) A counter claim may not
diminish or defeat the relief demanded by the `plaintiff. [I]t may demand relief exceeding in
amount or different in kind from that "demanded" by the plaintiff.
(1)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE COMMONWEALTH OF PENNSYLVANIA
CORY A. CORMANY
V.
UNEMPLOYMENT COMP.
BOARD OF REVIEWS
CASE NO. 03-5702
CIVIL ACTION - LAW
APPEAL NO. 05-09-F-6275
MOTION FOR RECONSIDERATION
AND HFRF, comes, Cory A. Cormany, Claimant; and motions for reconsideration
pursuant Pa. C.S.A. 42 I.J.P. Rule 2327. Who May Intervene. [Alt any time durim, the
pendency of [alit action a `person' not a party thereto shall be permitted to intervene therein.
[s]ubject to these rules if: (a) the entry of aiudement in such `action' or the 'satisfaction' of such
judgment will impose any lurbilityupon such person to indemnity in whole or in part the party
against whom judgment may be entered; or (2) such person is so situated as to be adversely
affected by a distribution or disposition of property in the custody or of an officer thereof, or (3)
such person could have joined as an `original' rty in the action or could have been joined herein;
or (4) the determination of such action may affect any 'legally' enforceable `interest' of such
person whether, or not such person may be bound by a judgr ent in an action. Generally,
Commonwealth Court has appellate `jurisdiction' only over final orders of a court of Common
Pleas. Hoover V. Bucks County Tax Claim Bureau 405 A.2d. 562, 44 Pa. Cmwlth. 529,
Cmwlth. Comwlth. 1979. Appeal and Lrror, 66. Such 'immense' rule [should] be subject a
sernittrde pursuant a procedure.
Tlie referee is the meson who is initially 'responsible' for the making of finding and:
,,`there lie has failed for to do so; the correct and 9* remedy in a "review" proceeding is to
remand. Royal Pizza Houses Inc. V. Workmens Compensation Appeal Bd., 396 A.2d. 884,
1979. Workers' Compensation 1731; Workers' Compensation 1949. The commencement of any
issue[s] is 'derogatory'. Rules: Pa. C.S.A. 42 J.J.P. 564. 702, 705, 706, 721, 722, 724. 762,
1101, 1102. 1103, 1105; as to a ComwIth. Servitude shall predicate Pa. C.S.A. 42 R.C.P.
Counterclaim (a) fhe defendant may set forth in the answer under the heading "Counterclaim"
any cause of action hereto fore asserted in assumpsit or tresspass which the defendant [h]as
against the 'plaintiff` at the time of the filing of the answer; (b) A counter claim may not
diminish or defeat the relief demanded by the 'plaintiff. [1]t mav_ demand relief exceeding in
amount or different in kind from that "demanded" by the plaintiff.
(I)
The two (2) primary underlying ramifications mark the prospect of opnortunity_ and
employment. Such offensive implication[s] remake a consti/ariional.cervitricle in which an order
[is] required. [A]t either or cost[s] ajudgment shall be demanded. Pa. CS.A. 42 U.P. Rule 5503.
Commencement of Matters. (a) General rule. - a matter is commenced for the purposes of this
chapter when a document embodying the matter is filed in an office authorized by Section 5103
(relating to transfer of erroneously filed matters) or by any other provision of [law] to receive
such document. (b) Implementing court rules. - Subsection (a) may be made more specifically
applicable to particular classes of matters, including inter party claims therein, by general rules
further defining the `document' which when filed shall constitute the commencement of a matter.
Standard Pennsylvania Practice 2d. 2d. (s) 13.213. Generally; Commencement of Action. The
commencement of the matter at hand is derogatory [a]n interest and [a]n intent. A petition for
leave to intervene must be filed during the pendency of the action and a petition filed after Final
adjudication is too late. Newburg by Newburg V. Board of Public Fduc. 478 A.2d. 1352, 330 Pa.
Super. 65, Super. 1984.
Scope of Commomvealth Court's review on appeal by employee from an order of the
human Relations Commission dismissing [h]is complaint alleging that [h]e had been discharged
from employment because of his (Italian) ancestry taken pursuant to Administrative Agency
Law, 71 P.S. (s) 1710.1 ct. seq. (repealed) was to determine whether findings of fact and
conclusion of law were supported by substantial evidence and whether Commis-sior: adjudication
was in accordance with law. Gabriele V. Boeing Co., Vertol Division, 272 A.2d. 527, 1 Pa.
Cmwlth., 96, Cmwlth. 1971. Administrative Law And Procedure 791: Civil Rights 1712. '
,jurisdiction proves settlement ambitious a forthcoming "equality", baring the rules of luStice,
Promotional and Adverse `actualities mock a standard of identified `reviews'. Pa. C.S.A. 42
.I.J.P. Rule 562. Powers of Commonwealth Court. The Commonwealth Court shall have polver to
issue. under its judicial seal every lawful writ and process necessary or suitable for the exercise of
its jurisdiction and for the enforcement of any order which it may make, including such writs and
process to or to be served or by enforced by a `system' and related personnel as the courts of
common pleas are authorized by law or usage to issue the court shall also have all powers of a
court of record possessed by the courts of common pleas and all powers necessary or
appropriate in did of its appellate jurisdiction which are agreeable and principles of kni . Rules:
Pa. C.S.A. R.C.P. 1920.55-1, 2231, 2330, 2305, 2306, 2319, 2352. 2970, 2971.. 4003.7, 4014.
[A]rty prescription described by law shall be deemed ncootiable a commonraealth
snpplifude. The infer alia factors may require investigation pursuant an `official' and
'enforceable' probability. Pa. C.S.A. 42 R.C.P. Rule 1901.6. No Responsive Pleading Required.
No pleading is required in response to the petition or the certified order and all averments
not admitted shall be deemed. Dare that order is entered is date that order is filed with
' Rule Pa. 42 R.C.P. 2227 . Compulsory Joinder (a) Persons having onIyjoint interest in the subject
matter of an action must be joined on the same side as plaintiffs or defendants. (b) If a person who must be
joined on the same as a plaintiff refuses to join, he or she shall, in a proper case, be made a defendant or
an involuntary plaintiff when the substantial law permits such involuntary joinder.
(2)
prothonotary. Vanleer V. Lerner, 559 A.2d. 577, 384 Pa. Super. 558, Super. 216, Super. 1986.
Criminal Law 1226 (3.1). The disclosrares affiliated with all decisional forbearance's proceed civil
remedy. Creative indexes do not include a rule of court and further present.falsipcalion dilemma.
Pa. C.S.A. J.J.P. 42. Rule 5505. Modifications of Orders. (Except) as 'otherwise' provided or
`prescribed' by law a court upon notice to the parties may modify or rescind any order within 30
days after its entry, notwithstanding the prior termination, on of any term of court if no appeal
from such order has been taken or allowed.
In conclusion; the claimant claims retribution and costs of further proceeding liability
inJunction to Labor and Industry Board of Reviews, otherwise nonnegotiable further civil matter
and the U.S. Army War College of Carlisle. Counterclaim [cannot] be asserted independent of
answer. Mistick Inc. V. City of Pittsburg, 646 A.2d. 642, 166 Pa. Crnwlth. 294, Cmwlth. 1994.
Such academic obligation[s] may entail a preponderence of evidence or an official notification .
The plaintiff is an honorably discharged veteran of the U.S. Armed Services and hereby requests
relief and reconsideration for the fallacy of composition and the entitled servitude exemplified
(1993). Date of Birth 1966 (1983-1987).
Respectfully Submitted,
Cot A. or
(3)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE COMMONWEALTH OF PENNSYLVANIA
UNEMPLOYMENT COMP. : CASE NO. 05-09-17-6275
BOARD OI' REVIEWS
V. CIVIL ACTION - LAW
CORY A. CORMANY JUDGMENT DEMANDED
APPEAL
AND NOW comes, Cory A. Cormany; Claimant, and sets forth responses
for the above named matter, whereas the following is an answer:
1. Affirmed.
2. Denied; the claimant knows not if the individual in question, was
Arab, Muslim. African American, Hispanic or a Caucasian customer for any
matter. The claimant does note [he] did face a seniee dilemma pursuant an
uncomprehensive foreign speaking individual (Arabian Dialogue) on or about the
particular date mentioned.
1 Denied; the individual identified in the foregoing was not holding
cash, however there was a credit card sale issued on or about the date particular in
question to an identified, Salaama Indonesian; registered to the U.S. Army War
College (Immigration Visa), at the fuel pump number (6) six of the Carlisle
Amerada Hess Corp. (Store 38358).
4. Denied; the customer in question was serviced pursuant the identified
description and date and time, relevant the Judge Advocates Office of the Carlisle
Army Barracks, Carlisle, Pennsylvania 17013.
(1)
5. Denied; the claimant knows not if the individual in question bared
any children to any female individual.
6. Affirmed in part and Denied in part; the identified individual did
become unruly and the police were notified relevant an incident, however the
identified individual did leave the Amerada Hess premises before the police
arrived (Carlisle Police Department).
7. Denied; the identified, said; unruly individual, did not speak english
coherently and did create havoc among other customers.
s
S. Denied; the identified, said; incoherent individual, was called
numerous names by other customers in the Store 38358; Amerada Hess Corp.,
however by my recollection was not called any derogatory name rhyming with the
description given by Mr. Parr in the Referees Decision Order. I did warn the
customer in question that `if' he slid riox "cease to persist" I was going to notify
"police".
9. Affirmed.
10. Affirmed in part and Denied in part; the policy is contradistinctive
other policies litigated by the Amerada Hess Corp.
IL Affirmed.
WHEREFORE, claimant, Cory A. Cormany; claims the Social Security
Number 182-62-5623, and hereby respectfully requests relief and reconsideration
for the referee's decision mailed on November 4th, 2005: pursuant the exhibits A
through C.
(2)
V ER- FTCATI4_ti
I, Cory A. Cormany, Claimant in the above captioned action, hereby verify
and state that the facts set forth in the Appeal against Amerada Hess Corpaoration
are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of Pa.
C.S.A. Section 4904, relating to unsworn verification to authorities.
Dated 1_ _..
W itness
I1\
:'v t,u•?
l. IIINNMI,NOtMrlWUE E '
MDIMI
WAR
JWO* n w , iu+J S tt&&d •1 fy
be?cu ?re.'r+,J6 '? day
?:c??lv.? .Jcti'S•
(1)
?xxt?tT
A
UNEMPLOYMENT COMPENSATION e APPEAL NUM13ER
BOARD OF REVIEW l? DATE MAILED
Department of Labor and Industry FINAL DATE TO
Commonwealth of Pennsylvania APPEAL
UC-59 REV 8-02 -° -
SSN
REFER EE'S DECISION/ORDER
CLAIMANT
CORY A CORMANY
335 N EAST ST
CARLISLE, PA 17013
EMPLOYER
05-09-F-6275
11/4/2005
11/21/2005
182-62-5623
AMERADA HESS CORP C/O TALX
PO BOX 283
SAINT LOUIS, MO 63166
- CLAIM:
FILED: 8/14/2005
DETERMINATION/S ISSUED: 9/20/2005
CLAIMANT DETERMINED UNDER UC LAW:
FOR WAITING WEEK ENDING:
FOR COMPENSABLE WEEKS ENDING:
APPEAL
FILED 9/22/2005
HEARING HELD: 10/18/2005
ATTENDED BY: Claimant; Employer
BY: LANCASTER UC SERVICE CENTER
Ineligible 402(e)
8/20/2005
Br. Claimant
IN CARLISLE, PA
FINDINGS OF FACT:
1. The claimant was last employed for approximately two and one half years with Amerada Hess
Corporation and the claimant last worked for the employer as a full time sales associate earning $8.60
per hour plus shift differential on August 8, 2005.
2. On August 5, 2005, at the time of shift change, when the claimant was beginning his shift, a customer
who was apparently an Arab requested service and the claimant refused to provide service.
3. The claimant's coworker informed the claimant that he wants to prepay for gas and the customer was
holding cash to prepay for his gas.
4. The claimant refused to provide service to that customer.
5. The customer's father came into the store and requested service, but the claimant refused to provide
service to that customer.
6. The claimant stated to the customer that he must leave the store or the claimant would call the police.
7. The customer's were speaking English. The customers did not use profanity and the customers did not
raise their voice with the claimant.
8. The claimant yelled at the customers and the claimant's statements included, "You mother f****r, get
out of my store."
9. On August 9, 2005, the employer received a complaint for the claimant's conduct.
10. The employer's policy requires its employees extend a friendly greeting, treat every customer
courteously and thank every customer for their business. The claimant was informed of this policy and
Claimant - CORY A CORMANY Appeal - 05-09-F-6275
acknowledged that any failure to comply with the policy will result in corrective action, which may
include termination.
11. On August 11, 2005, the claimant was discharged from employment due to his conduct.
ISSUE: At issue in this appeal is whether the claimant's conduct related to his refusal to provide service to a
customer constitutes willful misconduct in connection with his work.
REASONING: The Pennsylvania UC Service Center issued a determination disapproving benefits under
Section 402(e) of the Pennsylvania Unemployment Compensation Law. Section 402(e) of the Law provides
that a claimant shall be ineligible for compensation for any week in which his unemployment is due to his
discharge or temporary suspension from work for willful misconduct connected with his work. Willful
misconduct has been defined as an act of wanton or willful disregard of the employer's interests, a deliberate
violation of the employer's rules, a disregard of the standards of behavior which the employer has a right to
expect of an employee, or negligence indicating an intentional disregard of the employer's interests or of the
employee's duties and obligations to the employer.
The Referee wishes to emphasize that in cases where an individual is discharged from employment, the
employer bears the burden of proving that the discharge was the result of the individual's willful misconduct in
connection with his work and this burden must be satisfied with competent testimony. Where an individual is
discharged from employment for the violation of an employer rule, the burden is upon the employer to prove
the existence of the rule and that it was violated; then the burden of proof shifts to the claimant to prove good
cause for the violation or that the rule was unreasonable.
In this case, the claimant was discharged from work due to his conduct related to his refusal to provide service
to a customer. The claimant refused to provide service to a customer and the claimant yelled a profane
statement at the customers. The claimant's conduct is a violation of a reasonable employer policy and the
claimant did not have good cause to violate the policy. The claimant's conduct is also a disregard of the
employer's interests and a disregard of standards of behavior, which an employer has a right to expect of an
employee. The claimant should have been aware that such conduct would jeopardize his employment. Under
these circumstances, the referee must conclude that the claimant's discharge resulted from his willful
misconduct in connection with his work. Consequently, unemployment compensation benefits must be denied
to the claimant under Section 402(e) of the Law.
ORDER: The determination of the UC Service Center is affirmed. Claim credit for waiting week ending
August 20, 2005 is denied.
Brian L Parr, Referee
cm-9125
Pursuant to the provisions of the Law, the above decision shall become final on the date it was mailed to the parties,
unless any aggrieved party files a further appeal to the Pennsylvania Unemployment Compensation Board of Review
within the fifteen (15) day appeal period.
The last date to file an appeal to this decision is 11/21/2005.
IF YOU WISH TO FILE A FURTHER APPEAL
You have the right to file a further appeal to this decision within fifteen (15) days of the date of mailing. Your
appeal must include the following information: ?your name; ?the claimant's name and social security
EXHIBIT
BUREAU OF UC BENEFITS AND ALLOWANCES
LABOR AND INDUSTRY BUILDING
SEVENTH AND FORSTER STREETS
HARRISBURG, PA 17121
LABOR " TNDUSTM
1'IIMMII IVN M:A 1. I'll 11111'1';NN I.V MIA
JJ \\,' September 13, 2005
CORY A. CORMANY \1 `?
335 N EAST ST JZ)
CARLISLE, PA 17013
? ? ?R._?--? I 1
Dear CORY A. CORMANY,
This is to confirm your request for a new UC Personal Identification Number (PIN). Your
new PIN for accessing unemployment compensation services is listed below. If you have
not requested a new PIN, please call the UC Fraud Hotline at 1-800-692-7469.
To ensure there is no unauthorized access in regard to your UC claim, do NOT give your
PIN to anyone. If you lose your PIN, you must contact your UC Service Center at
1-888-313-7284 to request that a new PIN be assigned to you.
If you wish, you may change the PIN that has been assigned to you by:
• visiting our web site at www.state.pa.us; PA Keyword: unemployment, or
calling Pennsylvania Teleclaims--PAT at 1-888-255-4728
(Select the PIN change option available in the benefit payment menu option.)
When changing your PIN, it is recommended that you do NOT use something familiar or easily
guessed such as portions of your birthday, home telephone number, your social security number
or your driver's license number.
YOUR NEW PIN IS:
3863
Sincerely,
Pete Cope, Direc r
Bureau of Unemployment Compensation
Benefits and Allowances
Auxiliary aids and services are available upon request to individuals with disabilities
Equal Opportunity Employer/Program
UC-365C REV 6/04
EXHIBIT
C
RE: District Attorney
Cumberland County
1 Court House Square
Carlisle, Pa. 17013
Defendant: Identified Ethnic
Individual[s]
I, Cory A. Cormany, being a citizen of the United States of America, do
hereby state and swear that at or about the month of August of the year 2005, and
through and about the month of September of the year 2005, the above named
defendant[s] did commit the following crimes:
1) 902. Criminal Solicitation. - a person is guilty of solicitation to commit a
crime with intent of promoting or facilitating its commission he commands,
encourages or requests another person to engage in specific conduct which
would establish his complicity in its commission or attempted commission.
2) 2710. Ethnic Intimidation. (a) Offense defined. - A person commits the
offense of ethnic intimidation if, with malicious intention toward the race
colors, religion or national origin of another individual or group of
individuals, he commits an offense under any other provision of the article
or under Chapter 33 (relating for arson, criminal mischief and other
property destruction0 exclusive of section 3307 (relating to criminal
trespass) or under section 5504 (relating to criminal harassment by
communication or address) with respect to such individual or his her
property or with respect to one or more members of such group or to their
property.
(b) Grading. - An offense under this section shall be classified as a
misdemeanor of the third degree if the other offense is classified as a
summary offense. Otherwise, an offense under this section shall be
classified one degree higher in the classification specified in section
106 (relating to classes of offenses) than the classification of the other
offense.
(c) Definition. - As used in this section "malicious intention" means the
intention to commit any act, the commission of which is a necessary
element of any offense referred to subsection (a) motivated by hatred
toward the race, color, religion or national origin of another individual or
group of individuals.
(1-1)
3) 3922. Theft by Deception. - (a) Offense defined. - A person is guilty of
theft if he intentionally obtains or withholds property of another by
deception. A person deceives if he. intentionally: (1) creates or reinforces a
false impressions as to law, value, intention or other state of mind; but as
to a person's intention to perform a promise shall not be inferred from the
fact alone that he did not subsequently perform the promise; (2) prevents
another from acquiring information which would affect his judgment of a
transaction; or (3) fails to correct a false impression which the deceiver
knows to be influencing another to whom he stands in a fiduciary or
confidential relationship.
(b) Exception. - The term "deceive" does not, however, include falsity as
to matters having no pecuniary significance, or puffing by statements
unlikely to deceive ordinary persons in the group addressed.
4) 3926. Theft of Services. - (a) Acquisition of Services. (1) A person is
guilty of theft if he intentionally obtains services for himself or for another
which he knows are available only for compensation, by deception or
threat, by altering or tampering with the public utility meter or
measuring device by which such services are delivered or by
causing or permitting such altering or tampering, or by false token or other
trick or artifice to avoid payment for the service. (2) As used in this section,
the word "service" includes, but is not limited to, labor, professional
service, transportation service, the supplying of hotel accommodations,
restaurant services, entertainment, the supplying of equipment for use, and
the supplying of commodities of a public utility nature such as gas,
electricity, steam and water, and telephone service. (3) Where
compensation for service is ordinarily paid immediately upon the
rendering of such service, as in the case of hotels and restaurants,
refusal to pay or absconding without payment or offer to pay gives rise to a
presumption that the service was obtained by deception as to
intention to pay.
(b) Diversion of services. - A person is guilty of theft if, having control
over the disposition off services of others to which he is not entitled, he
knowingly diverts such services to his own benefit or to the benefit of
another not entitled thereto.
(c) Grading.- (1) An offense under this section constitutes a summary
offense when the value of the services obtained or diverted is less than
$50. (2) When the value of the services obtained or diverted is $50 or
(2-1)
more, the grading of the offense shall be established in section 3403
(relating to grading of theft offenses). (3) Amounts involved in theft of
services committed pursuant to one scheme or course of conduct, whether
from the same person or several persons, may be aggregated in determining
the grade of the offense.
(d) Inference from using non metered utility service. - Any person
having possession of or access to the location of a public utility meter or
service measuring device which has been avoided or tampered with so as to
inhibit or prevent the accurate measurement of utility service and who
enjoys the use of or receives the benefit from the public utility service
intended to be metered or measured by the public utility meter or measuring
device so as avoided or tampered with may be reasonably inferred to have
acted to avoid or tamper with the public utility meter or measuring device
with the intent to obtain the public utility service without making full
compensation therefor.
(e) Sale or transfer of device or plant intended for acquisition or
diversion. - A person is guilty of a misdemeanor of the third degree if he
sells, gives or otherwise transfers to others or offers, advertises or exposes
for sale to others or offers, advertises or exposes for sale to others, any
device or plan for the making of such device or other instructional
procedure, under circumstances indicating his having knowledge or reason
to believe that such device, plan or instructional procedure is intended
for use by such others for the acquisition or diversion of services as set
forth in subsection (a) and (b).
5) 3927. Theft by failure to make required disposition of funds received.
- (a) Offense defined. - A person who obtains property upon agreement, or
subject to a known legal obligation, to make specified payments or
other disposition, whether from such property or its proceeds or from his
own property to be reserved in equivalent amount, is guilty of theft if he
intentionally deals with the property obtained as his own and fails to make
the required payment or disposition. The foregoing applies
notwithstanding that it may be impossible to identify particular property
as belonging to the victim at the time of the failure of the actor to make the
required payment or disposition.
(b) Presumptions. - An officer or employee of the government or of a
financial institution is presumed: (1) to know any legal
obligation relevant to his criminal liability under this section, and (2) to
(3-1)
have delt with the property as his own if he fails to pay or account upon
lawful demand, or if an avidavit reveals a shortage or falsification of
accounts.
(6) 7326. Disclosure of confidential tax information. (a) Offense defined. -
a person commits a misdemeanor of the third if he disposes except to
authorize person for official governmental purposes any tax information
that is: (1) designated as confidential by a statute or ordinance of a city of
the second class; and (2) obtained by him in conjunction with any
declaration, return, audit, hearing or verification required or authorized by
statute or ordinance.
(b) Exception. - Subsection (a) shall not apply where disclosure is reguired
by law or by court order.
(c) Definition. - As used in this section "person" included but is not limited
to, a current or former officer or employee of the Commonwealth or any of
its political subdivisions and any other individual who has access to
confidential tax information.
902 - 1972, Dec. 6, P.L. 1482, No. 334, (S), 1, effective June 6, 1973.
2710 - 1982, June. 18, P.L. 557, No. 154, (S), 1, imd. affective.
3922 - 1972, Dec. 6, P.L. 1482, No. 334, (S), 1, effective June 6, 1973.
3926 - 1972, Dec. 6, P.L. 1482, No. 334, (S), 1, As amended 1978 April
28 1P.L, 85 No., (S) effective in (60) days, 1978, Nov.26 P.L, 1326 NO.
321, (S), 1, effective in 90 days.
3927 - 1972, Dec. 6, P.L. 1482, No. 334, (S), 1, effective June 6, 1973.
7326 - 1990, Dec. 19, P.L. 1332, No. 207, (S), 2, imd. effective. Amended
1990 Dec. 19, P.L. 1451, No. 219, (5) 3, imd. effective.
I, Cory Cormany, hereby verify that the facts set forth in the above are true
and correct to the best of my knowledge or information and belief and that any
false statements herein are made subject to the penalties of Section 4904 of the
Crimes Code (18 Pa. C.S. 4904), relating to unsworn falsification to authorities.
Dated /C'7_ Q li? - Gx<:?-
B
A. Cormany
(4-1)
INCIDENT
Criminal Solicitation: In that Ms. Trista Fahnestock and Mr. Kevin Roher of
Amerada Hess Corp. solicited a Salaama Indonesian promoting and facilitating a
commission, encouragable the specific conduct established a person complicated a
Defendant. Ethnic Intimidation: In that an ethnic individual did associate a non
religious activity offensive a muslim, (8 Commandments) respectful a property
engagement and provisional a communication. Theft by Deception: In that the
Defendant did intentionally proclaim the acquisition of a judgmental requisite to a
fiduciary performance, failing to correct a financial servitude at a summary value.
Theft of Service: In that the Defendant did associate an Amerada Hess Sales
Associate whom did proclaim a taxable fuel payment for a cash payment servitude
compensatorily articulent a commodity. Theft by failure to make Required
Disposition of Funds Received: In that the Defendant did abide a legal obligation
to a proceeding or transaction, (Property) requiring the disposition to an
impossible victim of a presumed institution. Disclosure of Confidential Tax
Information: In that the Defendant did engage a declaration to an audit, taxable
the disposition of a confidential statute.
I petition that a warrant of arrest or a summons be issued and that the Defendant
be required to answer the charges I have made. 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. 4904), relating to unsworn falsification to authorities.
/o - a 's - (DS
Dated
Dated
NOTARIAL SEAL
ROBINJ. BOSHORN, NOTARY PUBLIC
F-M ARLISLE BORO., CUMBERLAND COUNTY
COMMISSION E%PIRES APRIL 17 2007
Signature
S' ature
(1-2)w?Y+? w ???b s 6 ??
AFFIDAVIT
On August 6th of the year 2005, I; did infact adjust a said Salaama
Indonesian, the characterized Defendant, to the proper estate of a res-gestae
(transaction) pursuant a Ms. Trista Fahnestock.
On August 9th of the year 2005, the; Amerada Hess Corporation, did
receive a responsive action from a said Salaama Indonesian, a characterized
Defendant, at the U.S. Army War College (U.S. Army War College, Carlisle;
Pennsylvania).
At of which the proceeding statements, and before at such the preceding
statements [are] sworn in conclusion to the Attorney Thomas G. Kane, and; is
grateful to the appreciative factors included the Department of Labor Relations
and the Commonwealth of Pennsylvania (717-245-4940).
According to documentation pursuant August I Ith of the year 2005, I; did
infact receive correspondence from Mr. Kevin Roher of the Amerada Hess
Corporation. At such time I did infact engage casual conversation to the U.S.
Army War College of Carlisle. Upon proceeding dates and times it came upon my
discretion that such immediate matter[s] became non beneficial a non
discretionary policy regarding The Amerada Hess Corporation of Carlisle.
Mr. Kane, as mentioned in the previous paragraphs, did; contribute a
student study from Saudi Arabia, and did; infact inquire as to a resgestae
phenomena apparent a family episode. An objectional beneficial deportation
dilemma [would] predispose a nonnegotiable attenuation preceding a military
conquest to the object of War (Presidential Servitude).
The exact nature of the preponderance enclosed within [is] inexact a student
body and a financial servitude. I herein must conclude attenuation to the best of
my knowledge and belief. Thankfulness is gratitude as long as liberty prevails.
I, Cory A. Cormany, on this ;NN, day of C")A-a?\Oe ,- , of the year
2005, do hereby swear as a citizen and a voter of the Commonwealth of the
United States that the above facts are true and correct to the best of my knowledge
and belief.
ory A. Cormany
Kj-
"ajej-w
lo
Dated
(1-3) o?w? n w ev hJch,.l? ?? !?
NOTARIAL SEAL
ROBIN I. GOSHORN, NOTARY PUBLIC
[MY RLISLE BOND , CUMBERLAND COUNTY
COMMISSION EXP 1RESAPRIL17 2007
CERTIFICATION OF SERVI_CL
AND NOW, this _jL, day of(N?VC ,?Q ( 2005, 1, Cory A. Cormany
foregoing the aforesaid matter knowledgeable a legal pretext, and the
Commonwealth of Pennsylvania, hereby certify that 1 have served a copy of same
in person or by the United States Mail at Carlisle Pennsylvania, addressed as
follows:
Mr. Brian L. Parr
Unemployment Compensation
Board of Review
Department of Labor and Industry
Commonwealth of Pennsylvania
C
Ie Noted
iquir
Cory A. Cormany
1883 Douglas Dr.
Carlisle, PA 17013
t"- y'::
?'
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?.
?i , ? -r
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. (_ t'-
?,-'u?
LL Y
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L? `??1
Curtis R. Long
Prothonotary
office of the Protbonotarp
CumbPrranb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
_03 , 5762., CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
onp rn„rthnuse Sauare • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573