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Home My WebLink About04-1557ERIC A. GARONZIK, Plaintiff, VS. LEE WOODALL Individually, and t/d/b/a LEE WOODALL'S ESCAPE FITNESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sheriff for service upon: Date: Lee Woodall, 21 West Mulberry Hill Road, Carlisle, Pennsylvania 17013. 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: By: Prothonotary Depuq~/ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARONZIK ERIC A VS WOODALL LEE ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within WRIT OF SUMMONS WOODALL LEE DEFENDANT , at 2116:00 HOURS, at 21 WEST MULBERRY HILL ROAD CARLISLE, PA 17013 LEE WOODALL a true to law, was served upon the on the 13th day of April , 2004 by handing to and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this j6 ~ day of ~ l~rothonot ary So Answers: R. Thomas Kline 04/14/2004 JOSEPH HITCHINGS Deputy Sheriff . SHERIFF'S CASE NO: 2004-01557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARONZIK ERIC A VS WOODALL LEE ET AL RETURN - REGULAR DAVID MCKIN-NEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WOODALL LEE T/D/B/A LEE WOODALLS ESCAPE FITNESS the DEFENDANT , at 2116:00 HOURS, on the 13th day of April , 2004 at 21 WEST MULBERRY HILL ROAD CARLISLE, PA 17013 LEE WOODALL a true and attested copy of WRIT OF SUMMONS by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ ~ day of ~ A.D. /P~othonotary ~ So Answers: R. Thomas Kline 04/14/2004 JOSEPH HITCHINGS By: Deputy Sheriff dY ERIC A. GARONZIK, Plaintiff, VS. LEE WOODALL Individually, and ffd/b/a LEE WOODALL'S ESCAPE FITNESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1557 CIVIL ACTION-LAW : : JURY TRIAL DEMANDED COMPLAINT AND NOW COMES, the Plaintiff, Eric A. Garonzik, by and through his undersigned Attorneys, McShane and Hitchings, LLC and avers in support of this Complaint against Defendant as follows: 1. The Plaintiff, Eric A. Garonzik, is an adult individual residing at ll0-C West Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant, Lee Woodall, is an adult individual residing at 21 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have known each other for most of their lives, having gone to high school together, prior to the Defendant entering the National Football League. 4. Prior to December 2003, Plaintiffhad extensive experience in planning, developing and opening health clubs in the New York and New Jersey areas. 5. In mid December 2003, Defendant contacted the Plaintiff and advised him of his plans to open a health club in the Mechanicsburg, Pennsylvania area. 6. The Plaintiff advised the Defendant of his desire to work with him. Defendant hired the Plaintiff as project manager and promised him a yearly salary of Forth Thousand Dollars ($40,000.00) plus commissions on every profit center of club, 'a company car', health benefits, and ownership interests in all the clubs including future projects in West Chester, Pennsylvania and Wilmington, Delaware. 7. Plaintiff immediately began working for the Defendant including, among °ther things, redesigning the layout of the health club, securing a supplier for a superior line of workout equipment at a significant savings, securing a company to do the demolition of the remains of the previous tenant at a significant discount, selling memberships to the health club, and otherwise working for Defendant in promoting the health club. 8. Beginning in mid December 2003, Plaintiff worked, exclusively for the Defendant averaging twelve (12) to fourteen (14) hours per day, without any compensation or wages paid by the Defendant. 9. As a result of the Plaintiff's expertise and extensiw: experience in planning and opening health clubs, Plaintiff was able to directly save Defendant Four Hundred Thousand Dollars ($400,000.00) off of his budgeted costs. 10. As appreciation for the work that the Plaintiff had done, the Defendant promised that he would pay to the Plaintiff a sum equal to ten (10) percent of the under budget savings, or Forty Thousand Dollars ($40,0(10.00). 11. On December 31, 2003, Plaintiff drafted an agreement which was executed by both Plaintiff and the Defendant providing that the Plaintiff was to be a ten (10) percent owner of Lee Woodall's Escape Fitness, and further provided that Plaintiff was to pay a down payment ofTen Thousand Dollars ($10,000.00) upon execution of the contract and Ten Thousand Dollars ($10,000.00) per year until the sum of One Hundred Ten Thousand Dollars ($110,000.00) was paid in full. A true and correct copy of the Agreement is attached l~tereto incorporated herein by reference and marked as Exhibit 'A'. 12. At various times in January 2004 the Defendant advised the Plaintiff that the Agreement attached hereto as Exhibit 'A' was revoked and was void. However, Defendant did advise the Plaintiffthat if he paid the sum of Eight Thousand Dollars ($8,000.00), Plaintiff could still purchase a 10% ownership interest. 13. When the Plaintiff attempted to pay the requested Eight Thousand Dollar ($8,000.00) fee for hid ownership interest, the Defendant refused to accept the same, and at present the Plaintiff has received no ownership interest from the Defendant. COUNT I BREACH OF CONTRACT 14. Paragraphs 1 through 13 hereof are incorporated by reference as if they were more fully set forth herein. 15. Despite promising to pay the Plaintiff a yearly salary of Forth Thousand Dollars ($40,000.00) plus commissions on every profit center of the club, providing a company car, full health benefits and ownership interest in all the gyms, Defendant has paid nothing to the Plaintiff for the work and services rendered on his behalf. 16. Plaintiff worked for Defendant in excess of nine (9) weeks without any payment or compensation despite the agreement of the partie:s. 17. As a direct and proximate result of Defendant's failure to pay any wages or compensation to the Plaintiff he is in breach of the Agreement between the parties. 18. As a direct and proximate result of the Defendant's breach of the Agreement between the parties, the Plaintiff has suffered damages including loss of income as well as loss of use of a vehicle, and loss of health insurance benefits. WHEREFORE, Plaintiff, Eric A. Garonzik, requests that this Honorable Court, enter judgment in his favor and against the Defendant in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), plus costs, fees, and other such relief as the Court deems appropriate under the circumstances. COUNT II WAGE PAYMENT AND COLLECTION LAW 19. Paragraphs 1 through 18 hereof are incorporated by reference as if they were more fully set forth at length herein. 20. In late January or early February 2004, the parties terminated their relationship. 21. Pursuant to the Wage Payment and Collection Act, 43 P.S. § 260.1 et. seq., an employee is entitled to receive full payment of all back wages upon termination of employment by no later than the next pay period. 22.43 P.S. § 260.7 of the Wage Payment and Collection Act strictly prohibits any provision of the Act being, in any way, contravened[ or set aside by prior agreement. 23. Plaintiff worked for the defendant in excess of nine (9) weeks without the payment of any wages or compensation for work performed. 24. Pursuant to 43 P.S. § 260.9 (a) an employee is entilled to costs and reasonable attorney's fees for violation of the Wage Payment and Collection Act. 25. Pursuant to 43 P.S. § 260.10 an employee is also entitled to liquidated damages in an amount equal to twenty-five (25) percent of the total amount of wages due, or Five Hundred Dollars ($500.00) which ever is greater if the employer is found to have unlawfully withheld wages. 26. Defendant has failed and refused to pay the plaintiff wages earned and owed constituting an unlawful withholding of wages. 27. As a result of the Defendant unlawfully withholding wages from the Plaintiff, Defendant owes Plaintiff liquidated damages in the amount of twenty-five (25) percent of the wages due plus reasonable costs and mtorney's fees. WHEREFORE, Plaintiff, Eric A. Garonzik, requests that this Honorable Court, enter judgment in his favor and against the Defendant in~ an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), constituting liquidated damages in the amount of twenty-five (25) percent of the wages unlaw~hlly withheld, reasonable attorney's fees and costs and such otber relief as the Court deems just and proper. COUNT III UNJUST ENRICHMENT 28. Paragraphs 1 through 27 hereof are incorporated by reference as if they were more fully set forth at length herein. 29. At all times material hereto, the Defendant was aware that Plaintiff was working on his behalf and in furtherance of the Defendant's business, Lee Woodall's Escape Fitness. 30. Defendant permitted the Plaintiff to work on his behalf including selling memberships to the health club and obtaining vendors and contracts at a savings to Defendant. 31. Defendant has retained the benefit of the work and services provided by the Plaintiff without in any way compensating Plaintiff fbr the same. 32. The Defendant has been unjustly enriched by the work and services provided by the Plaintiff, and as such owes compensation to the Plaintiff for the same. WHEREFORE, Plaintiff, Eric A. Garonzik, requests that this Honorable Court, enter judgment in his favor and against the Defendant in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), plus costs, fees, and other such relief as the Court deems appropriate under the circumstances. Respectfully submitted, McShane & flitchings, LLC Date: h L. Hitcl{ilags, Es/~ire"~ Attorney I.D.# 65551 4807 Jonestown Road Suite 242 Harrisburg, Permsylvania 17109 #717-657-3900 Attorney for Plaintiff ERIC A. GARONZIK, Plaintiff, VS, LEE WOODALL Individually, and t/dlb/a LEE WOODALL'S ESCAPE FITNESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBEKLAND COUNTY, PENNSYLVANIA : NO. 04-1557 CIVIL ACTION-LAW JURY TRIAL DEMANDED VERIFICATION I, Eric A. Garonzik, Plaintiff, in the above-captioned, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. Section 4904 relating to unswom falsification to authorities. Eric A. Garonzik ~ ERIC A. GARONZIK, Plaintiff, VS. LEE WOODALL Individually, and ~/d/b/a LEE WOODALL'S ESCAPE FITNESS Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 04-15,57 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICEi 1, Joseph L. Hitchings, Esquire, hereby certify that the following service has been completed in compliance with the Rules of Criminal Procedure: Via first class mail_: Eric A. Garonzik 110-C West Vine Street Shiremanstown, PA 17011 Joseph U. Met~,~, Esq. Dilworth Paxsun 305 North Front Street Harrisburg, PA 17101 Lee Woodall 21 West Mulberry Hill Road Carlisle, PA 17013 Respectfidly submitted, McShane & Hitchings, LLC ~. Hkchingts, Ek'glalre /Attorney ID # 65551 Attorney for the Petitioner 4807 Jonestown Road Suite 242 Harrisburg, PA 17109-1739 Telephone: 717-657-3900 Facsimile: 717-657-2060 ERIC A. GARONZIK, Plaintiff, VS. LEE WOODALL Individually, and t/d/b/a LEE WOODALL'S ESCAPE FITNESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1557 CIVIL ACTION-LAW JURY TRIAL DEMANDED PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA.R.C.P. 237.1 TO THE PROTHONOTARY Please enter a judgment against Defendant Lee Woodall individually and Lee Woodall's Escape Fitness for failure to file an Answer to Plaintiff's Complaint in the amount of $ 78,750.00 computed as follows: Amount Claimed in Complaint: Interest from December 2003 to October 2004 at 6% per year: $ 75,000.00 $ 3,750.00 TOTAL: $ 78,750.00 I certify that a written notice of intention to file this Praecipe was mailed via certified and regular mail to the Defendant after the default had occurred and at least 10 days prior to the date of the filing of this Praecipe. A true and correct copy of the notice and mailing is attached hereto. Date: Respectfully Submitted, MCSHANE & HITCHINGS, LLC ~J~';eph L. Hitchings, l~quire Attorney for Plaintiff'---xX Supreme Court I.D. 65551 4807 Jonestown Road, Suite 242 Harrisburg, PA 17109 (717) 657-3900 Justin J. McShane Justin~ 1866mcshane.com Joseph L. Hitchings Jlh.law~verizon.net MCSHANE & HITCHING& LLC .ATTORNEYS AT LAW 4807 Joncstown Road Suite 242 Harrisburg, Pennsylvania 17109 (717) 65%3900 Fax: (717) 657-2060 Erin M. Zimmerer Zimmerer955~hotmail.com October 12, 2004 Via Regular and Certified Mail Judy B. Deeny Legal Assistant Heather M. Maynard Legal Assistant Lee Woodall 21 West Mulberry Hill Road Carlisle, PA 17013 Dear Mr. Woodall: Re: Garonzik v. Woodall No 04-1557 Enclosed for service please f'md a Notice of Default Pursuant To Pa. R.C.P. 237.1, in regard to the above referenced case. JLH/jbc Enclosure: 10 Day Default Notice Very truly yours, ~p?L.-' dng~s, Es~c uire ERIC A. GARONZIK, Plaintiff, VS. LEE WOODALL Individually, and t/d/b/a LEE WOODALL'S ESCAPE FITNESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1557 : : CIVIL ACTION-LAW : : JURY TRIAL DEMANDED NOTICE OF DEFAULT PURSUANT TO Pa. R.C.P. 237.1 To: Lee Woodall 21 West Mulberry Hill Road Carlisle, PA 17013 DATE OF NOTICE: October 12, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE l'N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, 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 4TM floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 Date: Respectfully Submitted by, /ose h L. Hitchin i~omey for Pla'nm~t]~?squir~] Supreme Court I.D. 65551 4807 Jonestown Road, Suite 242 Harrisburg, PA 17109 (717) 657-3900 ERIC A. GARONZIK, Plaintiff, VS. LEE WOODALL Individually, and t/d/b/a LEE WOODALL' S ESCAPE FITNESS Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA] NO. 04-1557 CIVIL ACTION-LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTE (1) Direct to the Sheriff of Cumberland County, Pennsylvania; (2) against Lee Woodall, 21 West Mulberry Hill Road, Carlisle, Cumb~ County, Pennsylvania 17013. (3) (4) and against the following Garnishees: N/A and index this writ (a) Lee Woodall, 21 West Mulberry Hill Road, Carlisle, Cumbe~tm~.. Pennsylvania 17013. (b) against N/A ~). as a lis pendens against the real property of the Defendants in the name of tk.es as follows: All that certain tract of land suite in Cumberland, knownst Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. (5) (6) (7) located at Exemption has (not) been waived. Amount Due: $78,750.00 Please have the Sheriff levy upon any and all personal property of I 21 West Mulberry Hill Road, Carlisle, Cumberland County,. 17013, including any automobiles or other vehicles, household furniture or furnishings, stereo equipment, computer equipment, and other items of personal property located at the premises. Respectfully submitted, McShane & Hitchings, LLC :Joseph L. Hitchings ~...~_ ~/Attorney for Plaintiff Supreme Court I.D. 65551 4807 Jonestown Road Suite 242 Harrisburg, PA 17109 Telephone #717-657-3900 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1557 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ERIC A. GARONZIK, Plaintiff (s) From LEE WOODALL, INDIVIDUALLY AND T/D/B/A LEE WOODALL'S ESCAPE FITNESS, 21 WEST MULBERRY HILL ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF LEE WOODALL, LOCATED AT 21 WEST MULBERRY HILL ROAD, CARLISLE, PA 17013, INCLUDING ANY AUTOMOBILES OR OTHER VEHICLES, HOUSEHOLD FURNITURE OR FURNISHINGS, STEREO EQUIPMENT, COMPUTER EQUIPMENT, AND OTHER OTHER ITEMS OF PERSONAL PROBERTY LOCATED AT THE PREMISES. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,750.00 Interest Atty's Comm % Atty Paid $129.45 PlaintiffPaid Date: NOVEMBER 1, 2004 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~jy REQUESTING PARTY: Name JOSEPH L. HITCHINGS, ESQUIRE Address: MCSHANE & HITCHINGS, LLC 4807 JONESTOWN ROAD, SUITE 242 HARRISBURG, PA 17109 Attorney for: PLAINTIFF Telephone: 717-657-3900 Supreme Court ID No. 65551 Deputy ERIC A. GARONZIK, Plaintiff, VS. LEE WOODALL Individually, and t/d/b/a LEE WOODALL'S ESCAPE FITNESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1557 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the Judgment entered in the above captioned case against Lee Woodall individually, and t/d/b/a/Lee Woodall's Escape Fitness as satisfied and please mark the Judgment Index accordingly. Date: Respectfully Submitted, MCSHANE & HITCHINGS, LLC 4807 Jonestown Road, Suite 242 Harrisburg, PA 17109 (717) 657-3900