HomeMy WebLinkAbout08-4884¦¦rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr?
JAMES T. STINE, IN THE COURT OF COMMON
Plaintiff PLEAS OF CUMBERLAND
COUNTY
V NO. (l 9/ - y??y G c`v, +c r r.
HOSS'S RESTAURANT
OPERATIONS, CIVIL ACTION-LAW
Defendant JURY TRIAL DEMANDED
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NOTICE TO DEFEND
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, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
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JAMES T. STINE,
Plaintiff
v
HOSS'S RESTAURANT
OPERATIONS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 0
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
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COMPLAINT
AND NOW, comes the Plaintiff, James T. Stine, by and through his attorney, Richard
Koch, and avers the following:
1. Plaintiff is James T. Stine, an individual residing at 221 Cornman Road, Carlisle,
PA 17013.
2. Defendant is Hoss's Restaurant Operations (Hoss's), headquartered at 170
Patchway Road, Duncansville, PA 16635.
3. Plaintiff was employed by Hoss's for fifteen years.
4. On June 26, 2008, he was fired by Hoss's after a comment he made to Beth
Debiase, corporate trainer for Hoss's, concerning her destruction of company
property.
5. Two weeks prior to his discharge, Plaintiff received an evaluation lauding him for
exceeding work expectations.
6. Hoss's employee, Greg Kilnefner, the General Manager of the location Plaintiff
was assigned, and Plaintiffs supervisor, delivered the review and promised
Plaintiff a raise in pay effective the following month.
7. That review, coupled with Plaintiffs fifteen years of work at Hoss's without any
reprimands from Hoss's during that time, led Plaintiff to hold a reasonable
expectation of continued employment.
8. Defendant never warned Plaintiff that his workplace conduct, behavior, or
language could lead to his discharge.
9. Defendant stated no reason for Plaintiffs discharge.
10. Plaintiff paid for private healthcare insurance through Hoss's.
11. That healthcare insurance ceased to be effective after Plaintiff's discharge.
12. Plaintiff paid $175.00 per month for insurance through Hoss's.
13. Plaintiff pays $384.80 per month for government insurance.
14. Ross's offered Plaintiff the opportunity to buy continuing health insurance
through the program popularly known as COBRA for $863.54 per month.
15. Hoss's discharge of Plaintiff meant that he was forced to pay either $384.80 or
$863.54 per month for health insurance.
16. Plaintiff logically did not choose COBRA and enrolled in Medicare.
17. Plaintiffs enrollment in the Medicare program ensures additional expense for
Pennsylvania.
18. Hoss's was aware that Plaintiff has an aneurysm.
19. Plaintiff is scheduled for an operation on that aneurysm in September of 2008.
20. Hoss's was aware of the impending operation.
21. The operation and associated costs will now be paid for by Medicare, a program
funded jointly by the Federal government and the Pennsylvania state
government.
22. Plaintiff is sixty-five years old and eligible for Medicare assistance.
23. Sound public policy dictates that costs should not be bome by the state if they
can reasonably be paid for through other means.
24. Hoss's unwarranted discharge of Plaintiff resulted in his forced retirement on
less than the full Social Security benefits he would have been eligible for fourteen
months later, a loss of at least $125 per month.
25. The difference between the amount Plaintiff earned at Hoss's and his Social
Security benefit, less the cost of health insurance in each case, is $1,072.60 per
month.
26. Hoss's wrongful discharge of Plaintiff resulted in his forced enrollment in
Medicare, resulting in additional expense for Pennsylvania.
WHEREFORE, James T. Stine, because sound public policy supports an action for
wrongful discharge that results in unnecessary financial burdens on the state, despite
Pennsylvania's employment at will doctrine, requests this Court to enter judgment
against the Defendant in the amount of $12,871.20, costs, reasonable attorney fees and
for any other relief the Court deems just and appropriate.
Respectfully Submitted,
A:kt,A 4 A
I4.icF/d-Kbe'fi, Es-q-We
of ;4
Law Offices of Richard Koch
710 South Market Street
Mechanicsburg, PA 17055
VERIFICATION
I, JAMES T. STINE, hereby verify that the statements made in
the foregoing Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18
Pa. C.S. §4904, relating to unsworn falsification to authorities.
JAMES U. STINE
DATE:
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Complaint, upon
the defendant, by depositing same in the United States Mail, first class mail, postage
prepaid, on the 14th day of August 2008, from Mechanicsburg, Pennsylvania,
addressed as follows:
Hoss's Restaurant Operations
Operations Manager
170 Patchway Road
Duncansville, PA 16635
RESPECTFULLY
10 1 South Market Street
Mechanicsburg, PA 17055
(717) 691-1882
IN 92956
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JAMES T. STINE, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNA.
V. NO. 08-4884 Civil Term
HOSS'S RESTAURANT
OPERATIONS, CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY
OF APPEARANCE
Filed on Behalf of Defendant,
Hoss's Restaurant Operations
Counsel of Record for Filing Party:
Michael J. Wagner, Esquire
Pa. I.D. No. 39364
WAGNER & FINN
107 Lakemont Park Boulevard
Altoona, PA 16602
(814) 944-4700
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES T. STINE, NO. 08-4884 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
HOSS'S RESTAURANT
OPERATIONS, JURY TRIAL DEMANDED
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter the appearance of Michael J. Wagner, WAGNER & FINN,
107 Lakemont Park Boulevard, Altoona, Altoona, Pennsylvania 16602 in the
above-captioned matter on behalf of Defendant, Hoss's Restaurant Operations.
Dated: August 26, 2008
WAGNER & FIN
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By:
Michael J. e , E!iqbinV_
PA I.D. No. 39364
107 Lakemont Park Boulevard
Altoona, PA 16602
(814)944-4700
. _I
IN THE COURT OF COMMON PLEAS OF BLAIR COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES T. STINE, NO. 08-4884 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
HOSS'S RESTAURANT
OPERATIONS, JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, Michael J. Wagner, Esquire, hereby certify that a true and correct copy
of Defendant's Entry of Appearance has been served on the following parties of
record by U.S. Mail, postage prepaid on this 26th day August, 2008.
Original to:
Curt Long
Cumberland County Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
One (1) copy:
Richard Koch, Esquire
101 South Market Street
Mechanicsburg, PA 17055
WAGNE INN
1
By:
Michael J. Wagner, Esq ire
PA I.D. No. 39364
107 Lakemont Park Boulevard
Altoona, PA 16602
(814)944-4700
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JAMES T. STINE, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNA.
V. NO. 08-4884 Civil Term
HOSS'S RESTAURANT
OPERATIONS, CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS
TO CIVIL COMPLAINT
Filed on Behalf of Defendant,
Hoss's Restaurant Operations
Counsel of Record for Filing Party:
Michael J. Wagner, Esquire
Pa. I.D. No. 39364
WAGNER & FINN
107 Lakemont Park Boulevard
Altoona, PA 16602
(814) 944-4700
A.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES T. STI N E,
Plaintiff
V.
HOSS'S RESTAURANT
OPERATIONS,
Defendant
NO. 08-4884 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS TO CIVIL COMPLAINT
AND NOW, comes the Defendant, Hoss's Restaurant Operations, by and
through their attorney, Michael J. Wagner, Esquire, and files the foregoing Preliminary
Objections to Civil Complaint averring as follows:
1. The Plaintiff initiated this matter with the filing of a Civil Complaint on or
about 8/14/08.
2. The Plaintiff appears to be attempting to assert a claim on behalf of
Medicare on the premise that his discharge from employment "forced" the Plaintiff to
enroll in Medicare in order to receive continuing healthcare coverage.
PRELIMINARY OBJECTION I
CAPACITY TO SUE
3. James T. Stine appears to have filed the Complaint in his capacity as an
individual.
4. The Plaintiff asserts no legal support or authority for his capacity to sue on
behalf of Medicare, the United States government, or the Commonwealth of
Pennsylvania.
WHEREFORE, the Defendant respectfully requests that its Preliminary
Objections be granted and any claim on behalf of Medicare, the Commonwealth of
Pennsylvania, or the United States government be dismissed.
PRELIMINARY OBJECTION II
INSUFFICIENT SPECIFICITY IN A PLEADING
5. The Defendant hereby incorporates Paragraphs 1 through 4 of its
foregoing Preliminary Objections as if the same were set forth herein.
6. To the extent that the Plaintiff is making a claim for wrongful discharge,
the Complaint lacks sufficient specificity for the Defendant to ascertain the legally
identifiable "public policy" that the Plaintiff alleges to have been violated by the
Defendant.
WHEREFORE, the Defendant respectfully requests that its Preliminary
Objections be granted and the Plaintiffs Complaint be dismissed.
PRELIMINARY OBJECTION III
DEMURRER
7. The Defendant hereby incorporates Paragraphs 1 through 6 of its
foregoing Preliminary Objections as if the same were set forth herein.
8. To the extent that the Plaintiff asserts that his discharge "forced" him to
enroll in Medicare, thereby constituting a violation of public policy, the Plaintiff has failed
to set forth any legal theory or legally recognizable claim in support of his alleged public
policy violation.
WHEREFORE, the Defendant respectfully requests that its Preliminary
Objections be granted and that the Complaint be dismissed.
Respectfully submitted,
WAGNER & FINN
Dated: August 26, 2008 By:
Micha J. Wagner, Es ire
107 Lakemont Park Boulevard
Altoona, PA 16602
(814) 944-4700
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES T. STINE,
Plaintiff
NO. 08-4884 Civil Term
V.
HOSS'S RESTAURANT
OPERATIONS,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
RULE RETURNABLE
AND NOW, this day of , 2008, upon
consideration of Defendant's Preliminary Objections to Civil Complaint, a Rule is hereby
granted upon the Plaintiff, James T. Stine, to show cause as to why the relief set forth in
the Defendant's Preliminary Objections to Civil Complaint not be granted.
Said Rule Returnable on the day of , 2008
before Judge in Courtroom # at the
Cumberland County Courthouse, Carlisle, Pennsylvania at a.m./p.m.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES T. STINE, NO. 08-4884 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
HOSS'S RESTAURANT
OPERATIONS, JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I am this 26th day of August, 2008, serving a copy of the
foregoing Preliminary Objections to Civil Complaint via First Class Mail on the following
persons:
Original to:
Curt Long
Cumberland County Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
One (1) copY.'
Richard Koch, Esquire
101 South Market Street
Mechanicsburg, PA 17055
co
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
JAMES T. STINE,
Plaintiffvs
HOSS'S RESTAURANT OPERATIONS,
Defendant
No. 08-4884 , civil Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Prpl i mi nang 01:4 ecti aw to riyi 1 C a=1 a i nt
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Richard Koch, 'Er s ,i ", 01 Seuth Ma kat St-sat, MachaW csburcj., PA 17055
(Name and Address)
Michael J. Wagner, Esquire, Wagner & Finn, 153 Lakemont Park Boulevard,
(b) for defendants: Altoona, PA 16602
(Name and Address)
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
Michael J. Wagner, Esquire
Print your name
Defendant
Date: September 17, 2008 Attorney for
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case Is relisted.
a
JAMES T. STINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 08-4884 CIVIL
HOSS'S RESTAURANT
OPERATIONS, JURY TRIAL DEMANDED
Defendant
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
BEFORE HESS AND GUIDO, J.J.
ORDER
AND NOW, this 7 - day of November, 2008, it appearing that the plaintiff s
complaint fails to identify any legally cognizable public policy exception to Pennsylvania's well-
recognized employment at-will doctrine, the preliminary objections of the defendant are
SUSTAINED and the complaint of the plaintiff DISMISSED.
BY THE COURT,
Richard Koch, Esquire
For the Plaintiff
v/ Michael J. Wagner, Esquire
For the Defendant
:rlm
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A. Hess, J.
C3, 1; 7
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