HomeMy WebLinkAbout08-6520d
Robert S. Mirin, Esquire
Attorney ID 25301
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, PA 17110
Phone(717)909-9900
Fax(717)561-1616
Susquehanna@comcast.net
Attorney for Plaintiff
JOHN A. SCHEIDLER
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
WEST SHORE AUTO SERVICE
INCORPORATED AND CONNIE
M. (DODSON) WILLIAMS
COMPLAINT NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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 BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n
dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y
radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO
A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
2
COMPLAINT
AND NOW COMES, Plaintiff, John A. Scheidler, by and through counsel Robert
S. Mirin, Esquire and the Law Offices of Robert S. Mirin, and herewith files the
following Complaint and in support thereof, avers as follows:
PARTIES
1. Plaintiff, John A. Scheidler, at all times material to this Complaint, resided
at 118 Abolition Street, Apartment 2, Enola, Pennsylvania 17025.
2. Defendant is West Shore Auto Service Incorporated, a Pennsylvania
corporation, with an address of 104 North Front Street, Wormleysburg, Pennsylvania
17043, where it is engaged in the business of repairing automobiles and its
principal/owner is n/b/n Connie M. (Dodson) Williams.
BACKGROUND
3. During the early spring of 2007, West Shore Auto Service Incorporation
and its principal, n/b/n Connie M. (Dodson) Williams, engaged the services of Plaintiff
Scheidler to work as an automotive and repair technician at West Shore Auto Service
Incorporated in Wormleysburg, Pennsylvania.
4. Plaintiff Scheidler's job duties involved the repair of automobiles for said
entity.
5. `Plaintiff Scheidler's principle duties involved effectuating repairs of
vehicles brought to the facility for that purpose.
6. a.) On or about April 4, 2007, a local television station and the Patriot-
News reported charges that were ultimately dismissed.
3
b.) The television station and Patriot-News report alleged that Plaintiff
was charged with simple assault and harassment in a case involving Plaintiff Scheidler
and his son.
7. Shortly thereafter, the reported charges in question were dismissed and a
Cumberland County Children and Youth's investigation concluded that the allegations
made by the police department, based upon a report received, were unfounded.
8. The initial report and charges were referenced on a local television station
and carried on the front page of the Patriot-News (Exhibit A).
9. a.) On the day following the television and newspaper reportage, the
employer (Ms" Dodson-Williams) questioned Plaintiff Scheidler concerning the
allegations, which Scheidler explained did not involve punching or hitting of the child,
but involved normal issues of parental discipline.
b.) She directed that Mr. Scheidler stay out of the front shop area and
perform his work in the rear of the shop.
10. Shortly thereafter, the employer pretextually evaluated Plaintiff's work
performance and, because of the reported incident in the newspaper, terminated his
employment.
11. At the time Plaintiff was initially employed by Defendant West Short
Auto Services Incorporated, he had been solicited by Defendant away from employment
as an established automotive technician at another local automobile dealership.
12. The employer's decision to terminate Plaintiff Scheidler was based upon
the transient publicity surrounding the unfounded charges of simple assault and
harassment.
4
13. The issues presented by that brief incident between Defendant and
Plaintiff Scheidler had no relationship to the job duties or nature of John Scheidler's
employment.
14. Notwithstanding that fact, and in contravention of the public Pennsylvania
policy as expressed in the Criminal Record Information History Act, Title 18, Pa. C.S.A.
§9121, 9125, 9143 and 9181 et seq., governing and forbidding the use of criminal record
information history unrelated to Plaintiffs job duties, the employer terminated Plaintiff
Scheidler's employment.
15. Said termination was unjust, contrary to Pennsylvania policy and violated
Pennsylvania's public policy.
WHEREFORE, Plaintiff seeks damages for loss of income and employment, as
well as damages under the Criminal Record Information History Act, lost pay, attorney's
fees, and exemplary damages to the extent that said damages are deemed appropriate
under Pennsylvania Law.
Dated: g
Robert S. Mirin, Esquire
PA ID#25305
LAW OFFICES OF ROBERT S. MIRIN
2515 N. Front Street
Harrisburg, PA 17110
717-909-9900
Fax 717-561-1616
susquehanna(a?comcast net
VERIFICATION
I, Plaintiff John A. Scheidler, hereby verify that the statements contained in this
Complaint are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unworn falsification to authorities.
:3 ab
Date ohn A. Scheidler
6
A l x., t . •, :.. ,• ,
.P 113- N, N S Y L
was
i
not abused
;fa#her says
denies punching;.
>•soii, IL for crying
wrestling practi cc-
JEW L BLELWN
%PwAct-News
pn;ca?se o Jahn A. Scheidlel what sum
pia considere
d A n,
d hit was just
disciplining his don -
Zhb
?isahBnt diwioua.• said ScheLdl-
not
er, 38, of the 100 block of Abolition
1 Street in Bast peaaabpso., who
is free on $lSW.. bail acv ad
1: "Ihe police woyldn't
lis#eim tome:-•
It'd a..case that brings W6 sharp
togas w}>$t the law conaaders • rea-
acne t"r. 14 ctat ggd:'that aft?q he
cried on the matdiicfaga'wre?stling
practice on $uadap? his father
struck him in the In hint
in the chest and made
W the street.
'Yes; I sjapped ]iim lint dfda't
.punch him
tfie chest,^
Scheidler said _ "lllls is
yesteiday. -I 4fn i6u8.-
was wrong for
slapping him, The P*e .
but it wasn't wouWn't
child abuse.- '.
Scheidler, even-Osten
who •.=dax his =• me:" .
bail cortsiitions
can have no
contact with his Johefl
sou a+itliont
permis-
sion from Cumberland Coun
Children and Youth •Smvkx.s, ..
the boy was Vmnving a hissy fit"
ouut t?} Y• r ? my? i
f•.•. ?'...i?. •:rf.•'•k• ;S''W:<<7.,•t'vt C i}t,'1' ..N
uP aggainst' s tough
kid,- Said.. marks on bill • 1
*We left, and I told him, '
thought he should I Frsed said 'wj6n pal
ding for the rest ` eats i0id cM.. ra disagree on
„ the sea- what ?-
$O Schddler aal
. 1 also cars Ara tp
btoedftter >i in nn sc thahtool, he,diSgl't,do evidence tbd* '
one
he • otlier I t
Play football in,xhe orthe:
Hg said that he ', toy y41on't' h°? a' iot . of 1
pjW lj- th»y aa'» E;a d said.
the car on the way. fio i
Mart and suggested that his there is a Bad fine bo-
son gbt out of the car and runes aadsbuse ^
.to work ofi•h1a fiv on, JERRYi. '
25Er8424 I
Police, who responded at or
E7xIj ?BtT ft
WEDlES
AprN ?l 2007
50 eenft
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06520 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SCHEIDLER JOHN A
VS
WEST SHORE AUTO SERVICE ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WEST SHORE AUTO SERVICE INCORPORATED the
DEFENDANT , at 0014:05 HOURS, on the 5th day of November-, 2008
at 104 N FRONT STREET
WORMLEYSBURG, PA 17043 by handing to
CONNIE M. WILLIAMS BUSINESS OWNER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Postage
h JI-7/br 9,
So Answers:
18.00
16.00
OPP'
.00 ?e -__
10.00 _
R. Thomas Kline
42
44.42 11/06/2008
ROBERT MIRIN
Sworn and Subscibed to
before me this
of
By :
day Deputy Sheriff
A. D.
s _"3
CASE NO: 2008-06520 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SCHEIDLER JOHN A
VS
E
WEST SHORE AUTO SERVICE ET AL
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TATTT.T.TaMC f r)MTTP.. M TX)n.gC)M the
DEFENDANT , at 0014:05 HOURS, on the 5th day of November-, 2008
at 104 N FRONT STREET
WORMLEYSBURG, PA 17043 by handing to
CONNIE M. WILLIAMS DEFENDANT
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00 R. Thomas Klin
.00
16.00 11/06/2008
ROBERT MIRIN
Sworn and Subscibed to
before me this
of
By:
day Deputy Sheriff
A. D.
0
JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6520 Civil
WEST SHORE AUTO SERVICE
INCORPORATED and CONNIE M
(DODSON) WILLIAMS,
Defendants
DEFENDANTS' PRELIMINARY OBJECTIONS TO COMPLAINT
AND NOW, come West Shore Auto Service and Connie M. Williams, Defendants in the above-
captioned matter, by their counsel, John M. Kerr, Esquire, pursuant to Rule 1028(a)(4) of the
Pennsylvania Rules of Civil Procedure , and files the within Preliminary Objections, the nature of which
are as follows:
1. In the Complaint, Plaintiff, a former employee of West Shore Auto Service, Inc., a
corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania,
alleges that he was terminated from his position as an automotive and repair technician as a
result of certain adverse publicity on a local television station involving criminal charges which
had been filed against him (Complaint, 11116-8 & 12).
2 Plaintiff alleges that this termination was in contravention of the public policy expressed
at 18 Pa. C.S.§§9121, et. seq. (Complaint, ¶14).
I. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER (West Shore Auto
Service, Inc.)
3 Plaintiff, John A. Scheidler, was an employee of the corporation, West Shore Auto
Service, Inc.
4 Plaintiff does not allege that prior to employment, West Shore Auto Service, Inc.
conducted a check of Plaintiff's criminal record history.
L
5 Plaintiff does not allege that subsequent to becoming employed, West Shore Auto
Service, Inc. conducted a check of Plaintiff's criminal record history.
6 Plaintiff does allege that he was terminated after it was revealed in the news media that
he had been arrested as a result of an altercation with his son.
7 Plaintiff was an at-will employee and, pursuant to the common law of the
Commonwealth of Pennsylvania, could be terminated for any reason not contravening statute
or public policy.
8 Terminating an employee because of attendant publicity to his arrest for crimes
involving striking his son is not contrary to any policy exception adopted by the courts of the
Commonwealth of Pennsylvania.
WHEREFORE, it is requested that the Court grant Defendants' Demurrer and dismiss the
Complaint for failing to state a cause of action upon which relief may be granted.
II. PREMININARY OBJECTION IN THE NATURE OF A DEMURRER (Connie Williams)
9 Plaintiff has named Connie M. (Dodson) Williams as a party defendant in the captioned
matter.
10 Plaintiff John A. Scheidler was an employee of West Shore Auto Service, Inc. (see ¶3 of
Complaint).
11 It is not alleged that Plaintiff was an employee of Defendant Connie Williams.
12 It is alleged that "the employer pretextually evaluated Plaintiff's work performance and,
because of the reported incident in the newspaper, terminated his employment" (Complaint,
1110) (emphasis added). The employer was not Connie Williams; instead, by the averments in
Plaintiff's Complaint, the employer was West Shore Auto Service, Inc. (Complaint, ¶3).
13 As a result, Defendant Connie Williams is not liable on the facts as alleged, and Plaintiff
has failed to state a cause of action on which relief may be granted as to her.
WHEREFORE, it is requested that that the Court grant Defendants' Demurrer and dismiss the
Complaint for failing to state a cause of action upon which relief may be granted.
Respectfully submitted,
-?4 M. I
John M. Kerr, Esquire
I.D. #26414
Law Office of John M. Kerr
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
(717) 766-4008
Dated: November 25, 2008
t
JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 08-6520 Civil
WEST SHORE AUTO SERVICE
INCORPORATED and CONNIE M
(DODSON) WILLIAMS,
Defendants
CERTIFICATE OF SERVICE
The undersigned hereby states that he has served a copy of the foregoing, "Defendants'
Preliminary Objections To Complaint," on the below-named individual in the manner indicated:
First Class Mail. Postage Prepaid
Robert S. Mirin, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, PA 17110
J hn M. Kerr, Esquire
I.D. #26414
Law Office of John M. Kerr
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
(717) 766-4008
Dated: November 25, 2008
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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)
John A. Scheidler,
Plaintiff
vs.
West Shore Auto Service
Incorporated and Connie M.
(dodson) Williams,
Defendants
No. 08-6520 , Civil Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
nt-f-ndants' Preliminary Objections To Complaint
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Robert S. Mirin, Esquire 2515 N. Front St, Harrisburg, PA 17110
(Name and Address)
(b) for defendants:
John M. Kerr, Esquire 5020 Ritter Rd, Suite 109
(Name and Address)
Mechanicsburg, PA 17055
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
X
4. Argument Court Date:
February 4,2009
Sign re
-oH/V /I. Kirk
Print your name
Defendants
Attorney for
Date: November 25, 2008
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.
1, "L
JOHN A. SCHEIDLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. No.: 08-6520 CIVIL
WEST SHORE AUTO SERVICE
INCORPORATED AND CONNIE
M. (DODSON) WILLIAMS
DEFENDANTS
PLAINTIFF'S RESPONSE TO DEFENDANTS' PRELIMIARY OBJECTIONS
TO COMPLAINT
AND NOW COMES Plaintiff John A. Scheidler, by and through counsel Robert
S. Mirin, Esquire and the Law Offices of Robert S. Mirin, and files the following
Response to Defendants' Preliminary Objections to Complaint, and in support thereof,
avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. Plaintiff alleges that employer (West Shore Auto, Inc.) advised
Plaintiff that it was aware of the criminal charges against him.
6. Admitted.
7. Admitted.
8. Denied. The termination of Plaintiff is contrary to the Criminal Record
Information History Act, Title 18, Pa. C.S.A. §9121, 9125, 9143 and 9181 et seq.
9. Admitted. Connie M. (Dodson) Williams'stated that she was the owner of
v
West Shore Auto, Inc., the managing agent and the policymaker.
f ,O.
10. Admitted.
11. Denied. Connie Williams was owner of and managing agent for West
Shore Auto, Inc.
12. Denied. See answer to #11 above.
13. Denied. Plaintiff's information and belief is that Connie Williams is the
principal/owner of West Shore Auto, Inc., a closely held Pennsylvania corporation and
Plaintiff s supervisor.
WHEREFORE, it is requested that the Court deny Defendants' Demurrer and
their Preliminary Objections should be dismissed.
Respectfully submitted,
/ate
Robert S. Mirin, Esquire
Attorney ID#25305
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, PA 17110
Phone (717) 909-9900
Fax (717) 561-1616
suquehanna@comcast.net
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JOHN A. SCHEIDLER
V.
WEST SHORE AUTO
SERVICE INC., and
CONNIE M. (DODSON)
WILLIAMS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008 - 6520 CIVIL TERM
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS
BEFORE HESS, OLER, GUIDO, JJ.
ORDER OF COURT
AND NOW, this 26TH day of MARCH, 2009, for the reasons set forth in the
accompanying opinion the Preliminary Objections of West Shore Auto Service, Inc., are
DENIED. The Preliminary Objections of Defendant Connie (Dodson) Williams are
GRANTED.
By the ,
Edward E. Guido, J.
Robert S. Mirin, Esquire
11- John M. Kerr, Esquire
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act
,
JOHN A. SCHEIDLER
V.
WEST SHORE AUTO
SERVICE INC., and
CONNIE M. (DODSON)
WILLIAMS
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008 - 6520 CIVIL TERM
IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS
BEFORE HESS OLER, GUIDO, JJ.
OPINION AND ORDER OF COURT
Currently before us are Defendants' Preliminary Objections in the nature of a
demurrer. The standard to be applied in deciding such objections is well settled:
(A)II material facts set forth in the complaint as well as inferences
reasonably deducible there from are admitted as true !for the purposes of
review. The question presented by the demurrer is whether on the facts
averred, the law says with certainty that no recovery is possible.
DeMary v. Latrobe, Printing & Publishing Co., 762 A.2d 758 at 761 (Pa.Super. 2000).
Applying that standard to the case at bar we are constrained to deny the demurrer as to
defendant West shore Auto Service, Incorporated. However, the demurrer of Connie M.
(Dodson) Williams will be granted.
The well pleaded facts and reasonable inferences may be summarized as follows.
The plaintiff was working as an auto repair technician for defendant West Shore Service,
Incorporated. Local news media reported that plaintiff was charged with simple assault
and harassment as a result of an incident with his son. The accusations involved normal
parental discipline and were unrelated to plaintiff's suitability for his job. The charges
NO. 2008 - 6520 CIVIL TERM
were dismissed. Nevertheless the defendant West Shore discharged the plaintiff "based
upon the transient publicity surrounding the unfounded charges..."'
It has long been the law in this Commonwealth that, absent contractual restraints,
an employer may terminate an employee for any reason. See Henry v. Pittsburgh & Lake
Erie Railroad Co., 139 Pa. 289 21 A. 157 (1891). For almost a century there were no
exceptions to the general rule. In 1974 our Supreme Court first recognized the possibility
of a wrongful discharge claim where the employee's termination violated it "clear
mandate of public policy." Geary v. United States Steel Corporation, 456Pa.171, 319
A.2d 174 at 180 (1974).
In McLaughlin v. Gastro Specialists, Inc. 561 Pa. 307, 750 A.2d 283 (2000) the
Pennsylvania Supreme Court conducted a comprehensive review of the law regarding
wrongful discharge. As it stated:
(A)s a general proposition, the presumption of all non-contractual
employment relations is that it is at-will and that this presumption is an
extremely strong one. An employee will be entitled to bring a cause of
action for a termination of that relationship only in the most limited of
circumstances where the termination implicates a clear mandate of public
policy in this Commonwealth.
750 A.2d at 287. The McLaughlin Court went on to hold that "public policy" is
determined "by examining the precedent within Pennsylvania, looking to our own
constitution, court decisions and statutes promulgated by our legislature." 750 A.2d at
288.
The public policy exceptions recognized thus far in this commonwealth fall into
three categories. "(A)n employer (1) cannot require an employee to commit a crime, (2)
cannot prevent an employee from complying with a statutorily imposed duty, and (3)
1 Complaint, paragraph 12.
2
NO. 2008 - 6520 CIVIL TERM
cannot discharge an employee when specifically prohibited from doing so by statute."
Spierling v. First American Home Health Services, Inc. 737 A.2d 1250, 1252 (Pa.Super.
1999).
Plaintiff contends that his discharge is actionable because it violates the public
policy of this Commonwealth as articulated in Criminal Record Information History Act,
(18 Pa. C.S.A. § 9101 et seq). We agree.
The Superior Court faced very much the same issue in Cisco v. United Parcel
Services, Inc. 328 Pa. Super.300, 476 A.2d 1340 (1984). The plaintiff in Cisco was
discharged after he was arrested for theft and trespass. He was eventually acquitted of
the charges by a jury. He then brought an action for wrongful discharge arguing that it
was against public policy to allow someone to "be arbitrarily discharged from his source
of livelihood merely because of an accusation." Cisco, 476 A.2d at 1343. The Superior
Court went on to state:
Section (b) of the Criminal History Record Information Act, 18 Pa. C.S.A.
§ 9125, lends support to his contention.
(b) Use of information. - Felony and misdemeanor convictions
may be considered by the employer only to the extent to which
they relate to the applicant's suitability for employment in the
position for which he has applied.
The 1982 amendment to this section substituted "Felony" for "Arrests."
While a perusal of legislative history of this change proved unhelpful, it
may reasonably be surmised that any experience with the criminal justice
system which falls short of a conviction is not a fair consideration by an
employer considering hiring an individual with that experience. Indeed,
even convictions for felonies and misdemeanors may be considered only
insofar as they relate to an applicant's suitability for the job. We may
assume that this principle is an expression of public policy.
476 A.2d at 1343.
3
NO. 2008 - 6520 CIVIL TERM
While the Cisco court went on to affirm the lower court's granting of the
demurrer, it did so for reasons that do not appear in the instant case. It based its decision
on the fact that the charges involved "an arrest arising from appellant's performance of
his extant duties." 476 A.2d at 1344. As the Cisco court stated:
We have concluded that a plausible and legitimate reason for appellant's
discharge existed in that his employer was protecting its reputation by
discharging an employee who was accused of theft and trespass in
connection with his employment, even though a jury ultimately acquitted
him.
(emphasis added)
476 A.2d at 1344. In the instant case, while such a plausible and legitimate reason may
exist, it is not obvious, as it was in Cisco. Therefore, the demurrer will be denied as to
defendant West shore Auto Services, Incorporated.
The plaintiff also seeks to impose liability on Defendant Williams as the
"principal/owner" of defendant West Shore Auto Service, Incorporated. However, he
makes no allegations whatsoever which would justify piercing the corporate veil.
Therefore, we will grant the demurrer of defendant Williams. See Lumax Ihdustires, Inc.
v. Aultman, 543 Pa. 38, 669 A.2d 893, (1995).
4
NO. 2008 - 6520 CIVIL TERM
ORDER OF COURT
AND NOW, this 26TH day of MARCH, 2009, for the reasons set forth in the
accompanying opinion the Preliminary Objections of West Shore Auto Service, Inc. are
DENIED. The Preliminary Objections of Defendant Connie (Dodson) Williams are
GRANTED.
By the Court,
/s/ Edward E. Guido
Edward E. Guido, J.
Robert S. Mirin, Esquire
John M. Kerr, Esquire
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JOHN A. SCHEIDLER,
Plaintiff
V.
WEST SHORE AUTO SERVICE
INCORPORATED and CONNIE M
(DODSON) WILLIAMS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-6520 Civil
ANSWER AND NEW MATTER TO COMPLAINT
FILED ON BEHALF OF DEFENDANT WEST SHORE AUTO SERVICE. INC.
AND NOW, come West Shore Auto Service, Inc., Defendant in the above-captioned
matter, by its counsel, John M. Kerr, Esquire, and files the within Answer and New Matter, the
nature of which is as follows:
PARTIES
1. ADMITTED.
2. ADMITTED in part and DENIED in part. It is admitted that West Shore Auto Service, Inc.
(hereinafter, "West Shore Auto") is the remaining Defendant and that it has a business address
at 104 North Front Street in Wormleysburg. Inasmuch as Connie Williams has been dismissed as
a party defendant, the remainder of the allegation is denied as irrelevant.
BACKGROUND
3. ADMITTED in part and DENIED in part. It is admitted that West Shore Auto hired Plaintiff
LMOfEmd
hn M. err
5020 Mift Road
SWIe 108
MedwnkabuM PA 17055
PHom: 717.766.4006
Fnx: 717.788.4066
John A. Scheidler (hereinafter, "Scheidler") on or about March 5, 2007. it is denied that Connie
Williams in any way engaged the services of Scheidler. The hiring decision was made by the
corporate entity. It is admitted that he was hired as a technician.
4. ADMITTED. Byway of further answer, he was to trouble-shoot and diagnose problems;
make necessary repairs; and to comply with rules and regulations of the workplace.
5. Defendant West Shore Auto incorporates by reference its answer to to paragraph 4
above, as if fully set forth in its entirety.
6. a) DENIED. After reasonable investigation, Defendant West Shore Auto is without
sufficient information to form a belief as to the truth of the allegation found at paragraph 6a) of
Plaintiff's Complaint and, accordingly, denies the same. Strict proof is demanded at time of trial.
By way of further answer, West Shore Auto is uncertain of the precise date when the referenced
publicity occurred. Moreover, the Complaint fails to identify the nature of the charges. b)
DENIED as stated. Defendant West Shore Auto is unsure just what Plaintiff means by the phrase
that the media outlets "alleged that Plaintiff was charged...."
7. DENIED. After reasonable investigation, Defendant West Shore Auto lacks sufficient
information to form a belief as to the truth of the averments found at paragraph 7 of Plaintiff's
Complaint and, accordingly, deny the same. Strict proof is demanded at time of trial. By way of
further answer, West Shore Auto was not privy to any report of Children and Youth Services of
Cumberland County on Scheidler, nor on any outcome of a Children and Youth investigation, nor
is it aware of the outcome of any charges filed by police against Plaintiff Scheidler.
8. DENIED. Defendant West Shore Auto does not know what Plaintiff means by "[t]he
Lw- OM of dJ$OOO
hn M.en•
solo Rlttu Road
suite 109
MedlaNcsburg, PA 17055
F iam: 717.788.4008
FAx: 717.788.4088
initial report and charges..."; therefore, it cannot form an answer as to the veracity of the
averment at paragraph 8 of Plaintiff's Complaint and, accordingly, denies the same. Instantly,
Defendant does not know what report Plaintiff is referencing, i.e., whether it is the media report
or the police report or something else.
9. a) DENIED. First, Connie Williams did not question Scheidler concerning what was
contained in any media report. West Shore Auto's sole concern was the employee's ability to
perform the responsibilities of his position. In fact, Ms. Williams had the following colloquy with
Scheidler:
Williams: "John, I saw you on TV. The picture didn't do you justice. You
are more handsome than that."
Scheidler: "OK, I'll leave now."
Williams: "There is no reason to feel that you have to leave."
Moreover, Scheidler did not make the comments attributed to him at paragraph 9a) of the
Complaint. On the Monday preceding the publicity, Scheidler had his mother telephone the
employer to tell them that her son would not be coming to work that day based upon personal
issues. On Monday evening, Scheidler appeared at the work place himself and informed the
employer that he had been in jail. b) DENIED. Ms. Williams never told Scheidler that as a result
of the publicity, he should stay out of the front shop area and perform his work in the rear of
the shop. Rather, most of the major work at West Shore Auto is performed on the back bays
because management does not want any type of messy job visible to the public which sees only
the bays in the front area.
10. DENIED. The decision that the Plaintiffs employment was moving in the direction of
termination was made before any publicity occurred. Moreover, it was not pretextual at all, but
driven because Scheidler could not perform his responsibilities within the time constraints and
efficiency needed at an auto service business, as more fully outlined infra. at Defendant's New
Matter below.
11. DENIED. Plaintiff Scheidler responded to an advertisement on West Shore's Board in
tawOtand
hn M.hen
5020 RftW R..d
Su1tE 108
MEdW*Mbta$. PA 17055
F icm: 717.788.4008
FAx: 717.766.4088
the front of its location, indicating, "Help Wanted." Without any prompting from West Shore
Auto, Scheidler dropped his resume off at the business. He was recommended by the MAC Tool
Distributor servicing the Company, who knew him when he had worked at L.B. Smith Ford.
Scheidler had worked for a Toyota Dealership, where he was very unhappy. Plaintiff Scheidler
sought out West Shore Auto - not the other way around.
12. DENIED. Defendant West Shore Auto incorporates by reference its answer to paragraph
10 of the Complaint, as if fully set forth in its entirety.
13. DENIED. There was no incident between West Shore Auto and Plaintiff Scheidler, as
more fully set forth in the answer to paragraph 9a) above, which is incorporated by reference,
as if fully set forth in its entirety.
14. DENIED. The allegation contained at paragraph 14 of Plaintiffs Complaint represents a
conclusion of law, to which no response is required under the Pennsylvania Rules of Civil
Procedure.
WHEREFORE, it is requested that judgment be entered on behalf of Defendant, West Shore
Auto Service, Inc., and against Plaintiff, John Scheidler, and that the Complaint be dismissed
in its entirety.
NEW MATTER
M.err
A
5020 MM Road
Suite 108
Med=9Cabtug. PA 17055
PHow: 717.766.4008
FAx: 717.766.4066
15. Defendant West Shore Auto's answers to paragraphs 1-14 of the Complaint are
incorporated by reference, as if fully set forth in their entirety.
16. Plaintiff John A. Scheidler was hired by Defendant West Shore Auto, in part, on the
representation by MAC Tool Distributor, Gary Keusi, that he was an efficient technician.
17. From the beginning of his employment, Scheidler was very slow and had to be coaxed
along. For example, an oil change, which should only require 20-25 minutes, took Scheidler
forty-five (45) minutes to complete.
18. In one case, when swapping out a used engine, which books out at sixteen (16) hours,
Scheidler required forty (40) hours and the job still was not complete. After his termination, the
job required four (4) additional hours for the Manager to complete himself.
19. On March 15, 2007, Scheidler misdiagnosed a 1998 Saturn. He said that the problem
was a wiper motor but, in fact, it proved to be a wiper switch.
20. On March 30, 2007, Scheidler misdiagnosed a 2004 Pontiac Sedan involving a front
wheel bearing when he replaced the wrong side bearing.
21. On April 12, 2007, when working on a 1997 Ford Truck, Scheidler replaced a water
pump. Three (3) days later, the truck came back with the same overheating problem.
22. During the course of his brief employment, Scheidler decided to replace his tool box
with a new one and had spoken to the MAC Tool Distributor about obtaining a new one.
23. Prior to any publicity concerning Scheidler's legal difficulties, West Shore Auto manager,
Tim Long, told the MAC Tool Distributor to hold off on the tool box, telling him, "I don't think
he's [Scheidler] going to make it here." Gary Keusi commented, "John has changed a lot since
LB Smith Ford."
24. In addition, Scheidler either refused or was reluctant to complete time sheets, feeling
that doing so was "beneath him."
25. Moreover, Scheidler had difficulty taking direction from the Manager of West Shore
Auto Service, Tim Long, saying that he should not have to take orders from someone younger
than himself.
26. At his Unemployment Hearing, Plaintiff Scheidler did not maintain that he had been
I..Oeaea
t1n M.Nerr
5020 RNW Road
state 109
MedWdCSbLN9, PA 17055
PHom: 717.766.4008
FAX: 717.766.4066
terminated as a result of the charges filed against him and the attendant publicity; instead, he
told the Referee that it was because West Shore Auto wanted to hire Tim Long's brother, who
would not be driving a truck anymore.
27. The employer, West Shore Auto Service, Inc., made every attempt to accommodate
Scheidler and his personal issues, allowing him to take leave. When Scheidler told Tim Long, "I
have all these things on my mind," Long responded by saying, "you can go home and think
about it."
WHEREFORE, it is requested that judgment be entered in favor of Defendant, West Shore
Auto Service, Inc., and against Plaintiff, John Scheidler, and that the Complaint be dismissed
in its entirety.
Respectfully submitted,
John M. Kerr, Esquire
I. D. #26414
Law Office of John M. Kerr
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
(717) 766-4008
Dated: April 27, 2009
0
Z M. err
Y
5020 Ed" Pow
sultC 108
Medwksbua PA 17055
Now 717.766.4008
FAx: 717.766.4066
VERIFICATION
The undersigned hereby states that he is on-site Manager for West Shore Auto Service, Inc. and,
as such, is authorized to execute this Verification and that any factual statements contained in the
foregoing Answer and New Matter are true and correct to the best of his knowledge, information and
belief. He understand that any false statements are subject to the penalties prescribed at 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has served a copy of the foregoing, "Answer and
New Matter To Complaint Filed On Behalf of Defendant, West Shore Auto Service, Inc." on the
below-named individual in the manner indicated:
First Class Mail, Postage Prepaid
Robert S. Mirin, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, PA 17110
a ... Wl. YAW
John M. Kerr, Esquire
Law Office of John M. Kerr
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
(717) 766-4008
Dated: April 27, 2009
F M. err
5020 itter Road
see log
Mecdltlrlksb<ng, PA 17055
PHOM: 717.788.4008
FAx: 717.788.4088
FILES-- -f-i o-?E ?j
OF
THE
2009 APR 27 l 8: 17
LL?tr _ ?'?'r
r ci r:
I.
JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
WEST SHORE AUTO SERVICE
INCORPORATED and CONNIE M
(DODSON) WILLIAMS,
Defendants
No. 08-6520 Civil
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
John M. Kerr, Esquire, attorney for Defendant in the above-captioned action,
9 l.wo?d
0 M.e1T
5020 Potter Road
Sutle 109
Medianlcsburg, PA 17055
Prone: 717.766.4008
FAx: 717.766.4066
respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff is in an undetermined amount. There has been no
Counterclaim filed.
The following attorneys are interested in the case as counsel or otherwise disqualified to sit as
arbitrators:
None
WHEREFORE, Your Petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
1.
John M. Kerr, Esquire
I.D. #26414
Law Office of John M. Kerr
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
(717) 766-4008
Dated: October 30, 2009
Lw O?¢d
otul M.?err
5020 Ritter Road
Suite 108
Mechanicsburg, PA 17055
PHoNe: 717.766.4008
FAx: 717.788.4066
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has served a copy of the foregoing, "Petition For
Appointment of Arbitrators," on the below-named individual in the manner indicated:
First Class Mail, Postage Prepaid
Robert S. Mirin, Esquire
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, PA 17110
Counsel of Record for Plaintiff, John A. Scheidler
John A. Scheidler
118 Abolition Street
Apartment 2
Enola, PA 17025
(believed to be proceeding pro se)
g4 W. 4jw
John M. Kerr, Esquire
Law Office of John M. Kerr
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
(717) 766-4008
Lw Of6¢ d
10 M.eff
5020 Potter Road
suite 109
Mechardesbtug. PA 17055
PHONE: 717.766.4008
FAx: 717.766.4066
Dated: October 30, 2009
RLEE,--,?; F! V,E
-GAF THE r, ,NARY
2H9 OCT 30 ill;,f 1, * 09
JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WEST SHORE AUTO SERVICE
INCORPORATED and CONNIE M.
(DODSON) WILLIAMS,
DEFENDANTS 08-6520 CIVIL TERM
ORDER OF COURT
AND NOW, this b day of November, 2009, the petition of
defendant, West Shore Auto Service Incorporated, for the appointment of a Board of
Arbitrators, IS DENIED. There is nothing in the pleadings that limits plaintiff's claim to
the arbitration limits.
Robert S. Mirin, Esquire
For Plaintiff
?hn M. Kerr, Esquire
For West Shore Auto Service Incorporated
:sal
//!J U I DQ
OF THE p"
2009 NOV 16 Pii I : 6
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
?X for trial without a jury.
----------------------------------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
?X Civil Action - Law
JOHN A. SCHEIDLER, ? Appeal from arbitration
(other)
(Plaintiff)
VS.
WEST SHORE AUTO SERVICE
INCORPORATED and CONNIE M.
(DODSON) WILLIAMS,
(Defendant)
vs.
01/05/10
The trial list will be called on
and
02/01/10
Trials commence on
Pretrials will be held on 01/13/10
(Briefs are due S davs before pretrials
`,No. 08-6520 CIVIL Term
Indicate the attorney who will try case for the party who files this praecipe:
JOHN M. KERR, ESQUIRE
Indicate trial counsel for other parties if known:
ROBERT S. MIRIN, ESQ.
This case is ready for trial. Signed:
JOHN M. KERR
Print Name:
Date: NOVEMBER 18, 2009 WEST SHORE AUTO SERVICE
` Attorney for:
CA
OF A 4PROK&MY
211191 V 18 AM 11: 31
CUM8EH u "OUNTY
gi ?
clto- # /S"9 V
k /-?- ? -3 -3 70?
JOHN A. SCHEIDLER,
PLAINTIFF
IN COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WEST SHORE AUTO SERVICE, INC., AND
CONNIE M. (DODSON) WILLIAMS,
DEFENDANTS
NO. 08-6520 CIVIL
IN RE: NON-JURY TRIAL
ORDER OF COURT
AND NOW, this 19th day of November, 2009, the non-jury trial in the above
referenced case has been assigned to this Court. Prior to setting an actual trial date
IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial
memorandum with the Court on or before January 8, 2010, in the following format:
1. A concise statement of factual issues to be decided at trial.
11. A list of witnesses the party intends to call at trial along with a concise statement of
their anticipated testimony.
III. A list of all exhibits each party anticipates presenting at trial.
IV. A statement of any legal issues each party anticipates being raised at trial along with
copies of any cases which may be relevant to resolution of the stated issue.
V. An estimate of the anticipated time needed for the party to present its case.
Upon receipt and review of these memorandums, the Court will set a trial date for this
case.
By the Court,
M. L. Ebert, Jr., J.
Robert S. Mirin, Esquire, Attorney for Plaintiff _t
/hn M. Kerr, Esquire, Attorney for Defendant t
bas
f, FlLED-oFIc;E
OF THE PR07 !ONOTMY
2009 NOV 19 PM 3: 58
CUPS::. 3? t vINfY
r EiNN'S #LVAN A
0I
Robert S. Minn, Esquire
Attorney ID 25301
Law Offices of Robert S. Mirin
2515 N. Front Street
Harrisburg, PA 17110
Phone(717)909-9900
Fax (717) 561-1616
S usquehanna@coincast.net
Attorney for Plaintiff
JOHN A. SCHEIDLER
PLAINTIFF
V.
WEST SHORE AUTO SERVICE
INCORPORATED AND CONNIE
M. (DODSON) WILLIAMS
ALEQ-- &1't vE _
{ THE PC H, IRf?Y
2010 JAN 12 PM 3: 04
CUMI'Ll-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.:08-6520 Civil
Judge Ebert
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF
AND NOW COMES, Robert. S. Mirin, Esquire, and respectfully requests this honorable court to
kindly withdraw the appearance of Robert S. Mirin, Esquire on behalf of the Plaintiff in the
above-captioned matter, and avers as follows:
1. Counsel and Plaintiff have irreconcilable differences.
2. Mr. John Scheidler will be proceeding pro-se.
WHEREFORE, counsel respectfully request that counsel's appearance on behalf of Plaintiff be
withdrawn.
Date:
Robert S. Mirin; EsquVe
Attorney I.D. No. 25305
The Law Offices of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
susquehanna@comcast.net
U
Robert S. Minn, Esquire
Attorney ID 25301
Law Offices of Robert S. Mmn
2515 N. Front Street
llarrisburg, PA 17110
Phone (717) 909-9900
Fax (717) 561-1616
Susquehanna@comcast.net
Attorney for Plaintiff
JOHN A. SCHEIDLER
PLAINTIFF
V.
WEST SHORE AUTO SERVICE
INCORPORATED AND CONNIE
M. (DODSON) WILLIAMS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. -08-6520 Civil
Judge Ebert
CERTIFICATE OF SERVICE
I, Dayasha Pina, paralegal for the Law Offices of Robert S. Mirin hereby certify that on
this, the 1 Ith day of January, 2010, I served the attached Motion to Withdraw as Counsel, upon
the following individual in the manner described in the Rules of Civil Procedure.
John M. Kerr, Esquire
The Law Offices of John M. Kerr
5020 Ritter Road
Mechanicsburg, Pa 17055
John Scheidler
118 Abolition Street Apt 2
Enola, Pa 17025
Date: 1-11-2010
The LaWOffides of Robert S. Mirin
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9900
(717) 561-1616 fax
suNuehanna@comeast.net
JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WEST SHORE AUTO SERVICE,
INCORPORATED AND
CONNIE M. (DODSON) WILLIAMS,
DEFENDANTS NO. 08-6520 CIVIL
ORDER OF COURT
AND NOW, this 20th day of January, 2010, upon consideration of the Petition to
Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Parties to show cause why the Petitioner should not be
granted permission to withdraw as counsel of record;
2. The Parties will file an answer on or before February 10, 2010;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will
determine if further Order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
Robert S. Mirin Esquire
Petitioner
? John M. Kerr, Esquire
Attorney for Defendants
John Scheidler
118 Abolition Street, Apt. 2
Enola, PA 17025
bas
r
mil,
i?a r f w
Ak1j
M. L. Ebert , Jr., J
o
C: ? -.•^J c T7
v.o
w
u <
JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WEST SHORE AUTO SERVICE,
INCORPORATED AND
CONNIE M. (DODSON) WILLIAMS,
DEFENDANTS NO. 08-6520 CIVIL
AND NOW, this 2nd day of March, 2010, the case having been assigned to this
Court for the scheduling of the Non-Jury Trial,
IT IS HEREBY ORDERED AND DIRECTED that the Non-Jury Trial will be held
on Wednesday, July 21, 2010, at 1:30 p.m. in Courtroom No. 2 of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
By the Court,
-i John M. Kerr Esquire
Attorney for Defendant
?A. Scheidler, Plaintiff
118 Abolition Street, Apt. 2
Enola, PA 17025
/FZobert S. Mirin, Esquire
bas
p ?s LC
3/a J?v
M. L. Ebert, Jr., J.
? a n
rT1
01
JOHN A. SCHEIDLER : IN THE C URT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. No.: 08-6520 CIVIL
WEST SHORE AUTO SERVICE
INCORPORATED AND CONNIE
M. (DODSON) WILLIAMS
DEFENDANTS
n
'
-? M
C-0
AND NOW COMES Robert S. Mirin,
Honorable Court to make the MOTION TO
For the following facts:
1. Petitioner filed for a motion to be
2. Parties had until February 10, 2010 to
3. No Answers to the Rule to show cause
4. Pursuant to Cumberland County Local
a rule to show cause an order shall be i
Pa.R.C.P. 206.5governing the requiren
scheduling of depositions and the mare
ire, respectfully requests this
EST RULE BE MADE ABSOLUTE.
from case.
an answer to said order.
filed.
206.4(C) 2 upon a grant of
in accordance with
for an answer the
in which argument will be
schedule.
5. Counsel respectfully request that the cou
discharging him from the case.
Wherefore, counsel respectfully request MOTION
MADE ABSOLUTE
enter a Rule Absolute
REQUEST RULE BE
O
Date: 3 p?3
Respectfully submitted,
Robert S. Mifin, Esquire
Attorney I.D. No. 2530
The aw Offices of Robert S. Mirin
251 North Front Street
Harrisburg, RA 17110
(717 909-9900
(717 561-1616 fax
susQ ehannaOcomcastnet
JOHN A. SCHEIDLER : IN THE CURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. No.: 08-6520 CIVIL
WEST SHORE AUTO SERVICE
INCORPORATED AND CONNIE
M. (DODSON) WILLIAMS
DEFENDANTS
I, Medina Long, Paralegal Intern, of The Law
on the day of , 2010 I served a
Motion To Request Rule Be Made Absolute, upon
John M. Kerr, Esquire
Attorney for Defendants
5020 Ritter Road, Suite 109
Mechanicsburg, PA 17055
John Scheidler
118 Abolition Street, Apt .2
Enola, PA 17025
mal
of Robert S. Mirin, hereby certify
and correct copy of the foregoing
following individuals:
JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WEST SHORE AUTO SERVICE,
INCORPORATED AND
CONNIE M. (DODSON) WILLIAMS,
DEFENDANTS NO. 08-6520 CIVIL
ORDER OF COURT
AND NOW, this 8th day of April, 2010, upon consideration of Robert S. Mirin, Esquire's
Petition to Withdraw as Counsel for Plaintiff John A. Scheidler, and no party having filed an
Answer to the Rule to Show Cause dated January 20, 2010,
IT IS HEREBY ORDERED AND DIRECTED that the Petition is GRANTED. Robert S.
Mirin, Esquire, appearance as counsel for Plaintiff John A. Scheidler is withdrawn.
IT IS FURTHER ORDERED AND DIRECTED that the Non-Jury Trial of this matter will
be held on July 21, 2010, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County
Courthouse, Carlisle, Pennsylvania as previously scheduled.
By the Court,
M. L. Ebert, Jr., J.
,,?Robert S. Mirin, Esquire
Petitioner
1,__`J'0hn M. Kerr, Esquire
Attorney for Defendants
/d" r Scheidler
118 Abolition Street, Apt. 2
Enola, PA 17025
bas
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JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-6520 Civil
WEST SHORE AUTO SERVICE
(JUDGE EBERT) n N
°
'
INCORPORATED and CONNIE M.
-T2 F q T]
(DODSON) WILLIAMS, : - r-- i;
Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly discontinue with prejudice the above-captioned action and mark the docket,
"Discontinued With Prejudice."
Respectfully submitted,
c
ohn A. Scheidler ?? arc +? ?? ??y
appearing pro se
118 Abolition Street
Apt. #2
Enola, PA 17025
Dated: July 20, 2010 i,???
ch*k dJMi?iM
lk1,NNh o , DtiheA rJ
#MJfIL b WX" lttr? INY M1i? MilliiN1110? 11y
CERTIFICATE OF SERVICE
The undersigned hereby states that he has served a copy of the foregoing, "Praecipe To
Discontinue", on the below-named individual in the manner indicated:
First Class Mail, Postage Prepaid
John M. Kerr, Esquire
Law Office of John M. Kerr
5020 Ritter Road
Suite 109
Mechanicsburg, PA 17055
0
John A. Scheidler
Dated: July 20, 2010
JOHN A. SCHEIDLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WEST SHORE AUTO SERVICE,
INCORPORATED AND
CONNIE M. (DODSON) WILLIAMS,
DEFENDANTS NO. 08-6520 CIVIL
ORDER OF COURT
AND NOW, this 200' day of July, 2010, the Court being in receipt of the Praecipe
to Discontinue the above-captioned matter just filed by the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that the Non-Jury Trial previously
scheduled for July 21, 2010, is CANCELLED.
John M. Kerr, Esquire
5020 Ritter Road
Mechanicsburg, PA 17110
John A. Scheidler, Plaintiff
118 Abolition Street, Apt. 2
Enola, PA 17025
_,?obert S. Mirin, Esquire
2515 North Front Street
Harrisburg, PA 17110
Court Administrator -DNS
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12Dpt F.? rw?t LL
1
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By the Court,