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HomeMy WebLinkAbout00-05008 ANDREW R. BAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PERFECT ORDER, INC., Civil Action No. Qd- SDD? Civil Action- Law Defendant § H50 6"eos-U_Y--81?eL. oU tCS?9 ? PRAECIPE FOR WRIT OF SUMMONS 17655 TO The Prothonotary: Please issue writ of summons in the above-captioned civil action. Coy A. Starr, Esq. Attorney ID Number 77956 4 South Market Street Duncannon, PA 17020 834-6024 Commonwealth of Pennsylvania County of Cumberland Andrew R. Baker V& Perfect Order, Inc. 1150 Lancaster Blvd. Suite 100 Mechanicsburg, PA 17055 Perfect Order, Inc. You are hereby notified that Andrew R. Baker -------------------------------- Court of Common Pleas 2000-5008 Civil ............ 19 Civil-Action---Law the Plaintiff ha s commenced an action in __ Civil Action - Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis -R.----- Long ------- ------------------------ Prothonotary Date _.Suly-1Z,-2(1Q0------------- 19---- By ---I -De?P T- ------ uty R O co w g 9 rt ;C) ,N G u 1 0 0 1 r 0 F-h r o cn ; o U CC ; r rt E d i I O C C p i I CA O N CCC SSS w p I IQ CD N n J I 1 J V 0 1 Ul O rn I Ln I I 1 x 0 1 1 1 IN °o 11 N IOD 1r IC I ". 1~ 1 1 I I i CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document was this day served upon the following by U.S. first class mail, postage prepaid: Coy A. Starr, Esq. 4 South Market Street Duncannon, PA 17020 9 Schaun D. Henry July 24, 2000 ANDREW R. BAKER, Plaintiff V. PERFECT ORDER, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5008 CIVIL CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO: Curtis R. Long, Prothonotary Please enter our appearance in the above-captioned action on behalf of Defendant Perfect Order, Inc. McNEES, WALLACE & C By James P. DeAngelo I.D. #62377 Schaun D. Henry I.D. #80597 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Perfect Order, Inc. Dated: July 24, 2000 ,.lq? _1 ANDREW R. BAKER, Plaintiff V, PERFECT ORDER, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5008 CIVIL CIVIL ACTION - LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curtis R. Long, Prothonotary Please issue a Rule on Plaintiff Andrew R. Baker to file a Complaint in the above case within twenty (20) days after service of the rule or suffer a judgment of non pros. McNEES, WALLACE & NURICK By I James P. DeAngelo I.D. # Schaun D. Henry I.D. # 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: July 24, 2000 Attorneys for Defendant Perfect Order, Inc. NOW, 0,4 qj, _ 2000, RULE ISSUED AS ABOVE. Curtis R. Long, Proth otary By ?m94 ? /L! puty Prothonotary CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document was this day served upon the following by U.S. first class mail, postage prepaid: Coy A. Starr, Esq. 4 South Market Street Duncannon, PA 17020 I y/? FJ Schaun D. Henry July 24, 2000 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) ANDREW R. BAKER (Plaintiff) vs. PERFECT ORDER, INC. (Defendant) No. 2000-5008 Civil x3&x 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demn= to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Coy A. Starr Address: 4 South Market Street, Duncannon, PA 17020 (b) for defendant: Schaun D. Henry Address: McNees, Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argiment. 4. Argument Court Date: January 3, 2001 Dated: December , 2000 Attorney for Defendant C; c ca TJ r e-? `? c?a - J ,l 4 4 0 K ANDREW R. BAKER, Plaintiff V. PERFECT ORDER, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5008 CIVIL CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Perfect Order, Inc., by and through its counsel, McNees, Wallace & Nurick, hereby makes the following preliminary objections to Plaintiffs Complaint. Preliminary Objection In The Nature Of A Demurrer 1. Plaintiff purports to state a claim for breach of contract in the sole count of his Complaint. 2. Plaintiff incorporates averments in Paragraphs 1 through 31 in its prayer for relief on what Plaintiff alleges was a two-year oral employment contract. 3. Plaintiff fails to state a claim upon which relief may be granted for breach of contract because Plaintiff has failed to aver sufficient facts to overcome the presumption of at-will employment. WHEREFORE, Perfect Order, Inc. respectfully requests that the Court dismiss with prejudice Plaintiff's claim for legal insufficiency. McNEEL E DAugust 29, 2000 By ``e?c??111 James P. DeAngelo I.D. #62377 Schaun D. Henry I.D. #80597 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Perfect Order, Inc. -2- CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document was this day served upon the following by U.S. first class mail, postage prepaid: Coy A. Starr, Esq. 4 South Market Street Duncannon, PA 17020 Schaun D. Henry Dated: August 29, 2000 SHERIFF'S RETURN - REGULAR CASE NO: 2000-05008 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAKER ANDREW R VS PERFECT ORDER INC HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS PERFECT ORDER INC was served upon the DEFENDANT , at 0015:39 HOURS, on the 20th day of July , 2000 at 1300 BENT CREEK BLVD MECHANICSBURG, PA 17055 by handing to AMY WELLER (ADMIN. ASST.) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this IAt- day of X .2 azro A.D. P othonota.ry So Answer?.s R. Thomas Kline 07/21/2000 COY A. STARR Deputy Sherif ANDREW R. BAKER, Plaintiff vs. PERFECT ORDER, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5008 CIVIL CIVIL ACTION - LAW IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS. OLER AND GUIDO, J.J. ORDER AND NOW, this Z 22r day of January, 2001, it appearing that the complaint fails to set forth any allegations of an employment contract which was, in accordance with paragraph 30 of the complaint, "to begin on November 1, 1997," the preliminary objection of the defendant is SUSTAINED. Plaintiff is herewith granted twenty (20) days within which to file an amended complaint. BY THE COURT, Coy A. Starr, Esquire For the Plaintiff Schaun D. Henry, Esquire For the Defendant :rlm I?, o? R- Cl1MBEFj,L.pkV:) C GUNTY t?ENNSYi_VANA ANDREW R. BAKER, Plaintiff V, PERFECT ORDER, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2000-5008 CIVIL ACTION - LAW ANSWER WITH NEW MATTER TO AMENDED COMPLAINT AND NOW COMES Perfect Order, Inc., by and through its attorneys, McNees, Wallace & Nurick, and answers the Amended Complaint as follows: 1 . Upon information and belief the averments of Paragraph 1 are admitted. 2. Admitted. 3. Denied as stated. By way of further response, Defendant denies that any cause of action actually arose in Mechanicsburg, Pennsylvania or elsewhere. To the extent that Plaintiff alleges that the events occurred in Mechanicsburg, Cumberland County, Pennsylvania, Defendant admits that venue would be proper 4. Denied. Plaintiff was hired in April 1996. His employment was at-will. 5. Denied. Defendant denies that any contract for employment, be it verbal or written, was ever formed with Plaintiff. Plaintiff was at all times an employee at-will. 6. A consultant could earn more than $35,000 per year. All other averments of Paragraph 6 are denied. 7. April 1, 1996 was Plaintiff's first day at work. 8. Defendant admits that it put Plaintiff to work in its PC manufacturing facility in September of 1996. All other allegations of Paragraph 8 are denied. 9. Denied. While Plaintiff was provided with information regarding what was expected of him in his job, there was no need to "finalize the terms of employment" since Plaintiff was at all times an employee at-will. 10. Denied. No contract for employment was ever formed whether oral or otherwise. Plaintiff was an employee at-will and no specified term of employment was provided. 11. Denied. Plaintiff was assigned to work on the manufacturing facility project in September 1996, and Plaintiff was responsible for hiring a part-time employee to help with construction. That part-time employee is still employed by Perfect Order. 12. Denied as stated. By way of further response, Defendant admits that Plaintiff alleges he was injured at the Cameron Street warehouse facility. 13. Denied as stated. The manufacturing facility was closed in October 1997. 14. Plaintiff's rate of pay was to be changed to $39,000 a year beginning November 1, 1997. All other averments of Paragraph 14 are denied. 15. Denied as stated. When the manufacturing facility closed, instead of laying Plaintiff off, as it had every right to do, Perfect Order assigned Plaintiff to other duties. Plaintiff did not stop working for Perfect Order until July 15, 1998, when he was discharged. Accordingly, Plaintiff was still employed by Perfect Order on November 1, 1997. 2 16. *Denied as stated. Plaintiff's duties were changed to accommodate the needs of Perfect Order. 17. Denied. Plaintiff was an employee at-will. 16. *In March of 1998, Terry Johnson expressed that Plaintiff was doing a good job and that he had plans for Plaintiff's future assignments. 18. Denied. Upon reasonable investigation, Defendant is without sufficient information to admit or deny whether Plaintiff was "required to attend regular massage therapy sessions." It is denied there were complaints about Plaintiff's therapy. There were concerns about Plaintiff's attitude and his failure to do his job. 19. Denied. Upon reasonable investigation, Defendant is without sufficient information to admit or deny the averments of Paragraph 19. 20. Defendant warned Plaintiff about his absences. The work environment did not become unpleasant; however, Plaintiff's conduct and language were abrasive. Defendant is without sufficient information to admit or deny averments regarding Plaintiff's pain levels and the same are therefore denied. 21. Denied. The answer to this paragraph is incorporated by reference. 22. Denied. Plaintiff was informed that his work duties were not being completed, and that he could not expect Crystal Griffin to complete his assignments because she did not have availability to do so. After reasonable investigation, * As per Complaint. 3 Defendant is without sufficient information to admit or deny the other averments of Paragraph 22 and the same are therefore denied. 23. Plaintiff issued an abrasive e-mail and followed that e-mail up with another apologizing for having sent the first e-mail. Upon reasonable investigation, Defendant is without sufficient information to determine whether Plaintiff spoke to each salesperson and apologized in person, whether the salespersons stated that "they understood", or whether Plaintiff was suffering under intense stress and suffering pain levels that were not manageable. All other averments of Paragraph 23 are denied. 24. Admitted. 25. Denied. Mr. Johnson advised Plaintiff that he wanted to discuss problems related to Plaintiff's improper use of Company e-mail and other job performance issues. Plaintiff was d',ischarged before the meeting could be scheduled. 26. Admitted. 27. Admitted. 28. Denied as stated. Defendant denies that Plaintiff responded by explaining that workers' compensation would be better able to determine the validity of Plaintiff's claim for compensation. In reality, when Plaintiff tried to submit to workers' compensation a claim for an injury which did not occur at work and Defendant resisted, plaintiff became extremely agitated and stormed out of the office, leaving work without authorization. 29. Admitted. 4 30. Denied. Defendant does not have an employment contract with Plaintiff. As an at-will employee, Plaintiff would have been discharged at any time, for any reason or for no reason. Although Defendant was not required to satisfy any conditions precedent to terminating Plaintiff's at-will employment, Plaintiff was advised on numerous occasions that his job performance was not acceptable. 31. Denied. By way of further response, no employment contract ever existed; therefore, Plaintiff could not have any time "remaining" on a non-existent contract for employment. 32. Paragraph 32 is an introductory paragraph to which no responsive pleading is required. To the extent a responsive pleading is required, the averments of Paragraph 32 are denied. 33. Denied. There was no contract. Plaintiff was an at-will employee. 34. Paragraph 34 is a prayer for relief to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments of Paragraph 34 are denied. Plaintiff should be denied any and all relief. 35. Plaintiff was an at-will employee. NEW MATTER 36. Plaintiff has failed to set forth a claim on which relief may be granted because he has failed to set forth each and every element of the employment contract. 5 37. Even if Plaintiff can set forth a claim for an oral employment contract, which is denied, his term of employment is not absolute. Plaintiff was discharged for just cause. McNEES, WALLACE & NURICK Dated: March 5, 2000 By James P. DeAngelo I.D. #62377 Schaun D. Henry I.D. #80597 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant 6 ANDREW R. BAKER, Plaintiff V. PERFECT ORDER, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2000-5008 : CIVIL ACTION -LAW VERIFICATION OF ELLEN B. RUNDLE The undersigned, Ellen B. Rundle, states that she is Fiscal Manager for Perfect Order, Inc., the Respondent in this matter, that she is authorized to prepare this Verification and that the matters stated in the foregoing Answer To Amended Complaint are true to the best of her knowledge, information and belief. The foregoing is made subject to the provisions of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: March ( , 2000 Ellen B. Rundle CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document was this day served upon the following by regular, first-class U.S. mail, postage prepaid: Coy A. Starr, Esq. 4 South Market Street Duncannon, PA 17020 Schaun D. Henry Dated: March 5, 2001 . w .: _ u? }_ to t ANDREW R. BAKER, Plaintiff vs. PERFECT ORDER, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5008 CIVIL CIVIL ACTION - LAW IN RE: REQUEST TO WITHDRAW APPEARANCE ORDER AND NOW, this 13'r day of August, 2001, a rule is issued on all parties to show cause why the relief requested in the within motion ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, v Irt OF 7 PciV'h„4?'?.',llivlA rJ i c 0 ANDREW R. BAKER, Plaintiff V. PERFECT ORDER, INC., Defendant AUG 0 8 20?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 2000-5008 Civil Action- Law ORDER AND NOW, this day of , 2001, it is hereby ORDERED and DIRECTED that Coy A. Starr, Esq., be granted his request to withdraw as counsel of record for the Plaintiff in the above captioned matter. FURTHER, it is ORDERED that Plaintiff have days to notify this Court of new counsel of record or otherwise indicate to the Court of its intention to proceed with the above captioned matter. BY THE COURT J. ANDREW R. BAKER, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY, Plaintiff § PENNSYLVANIA V. § § Civil Action No. 2000-5008 PERFECT ORDER, INC., § § Civil Action- Law Defendant § REQUEST LEAVE OF COURT TO WITHDRAW APPEARENCE COMES NOW, this 2"d day of August, 2001, the attorney for Plaintiff in the above captioned matter, Coy A. Starr, Esq. of 211 Loshes Run Road, Duncannon, PA 17020 respectfully requests LEAVE OF COURT TO WITHDRAW APEARENCE; as follows: Counsel for Plaintiff is closing down the Law Office Of Coy A. Starr, Esq and will be voluntarily placed on INACTIVE STATUS with respect to the practice of law in the Commonwealth of Pennsylvania. 2. On May 27, 2001, Plaintiff and counsel for Plaintiff prepared Plaintiff's Response to Defendant's First Set of Interrogatories and at this time Plaintiff was notified by counsel of record for Plaintiff of the decision to withdraw representation. Plaintiff understood that a new attorney would be necessary and at that time received all case related materials. r % WHEREFORE, Coy A. Starr, Esq., counsel for Plaintiff respectfully requests that this Honorable Court grant leave to withdraw as counsel of record for Plaintiff. Respectfully submitted, Dater 2-0( By: Coy A Starr, Esquire Supreme Court I.D. No.: 77956 Law Office of Coy A. Starr 211 Loshes Run Road Duncannon, PA 17020 (717) 834-3460 d- l Z ? ? .YTI ltd N MCNEES WALLACE & NURICK LLC ATTORNEYS AT LAW 100 PINE STREET P. O. BOX 1166 HARRISBURG, PA 17108-1166 TELEPHONE 17171 232-8000 Fn 1717)237-5300 http://www.mwn.com SCHAUN D. HENRY DIRECT DIAL: (717) 237-5346 E-MAIL ADDRESS: SHENRY@MWN.COM August 20, 2001 The Honorable Kevin A. Hess Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 RE: Baker v. Perfect Order Civil Action 00-5008 Dear Judge Hess: We are in receipt of your Rule to Show Cause dated August 13, 2001. Please be advised that Perfect Order does not oppose the withdrawal of Attorney Coy Starr from representation of Mr. Baker. We do ask however, that Mr. Starr and Mr. Baker give assurances to the Court that this case will not be delayed by Mr. Starr's withdrawal. This matter has dragged on fora period of almost two years. Baker's case has already been dismissed with leave to amend after Defendant filed successful preliminary objections to the initial complaint. Baker is now proceeding under an amended complaint. We ask that the Court not impose additional hardship on our client by allowing undue delay in proceeding with this matter. In the event that Baker obtains new counsel, we are specifically requesting that the discovery period not be extended for any more than thirty (30) days. This should allow new counsel sufficient time to become familiar with the case with Mr. Starr's and Mr. Baker's assistance. Respectfully submitted, MCNEES WALLA NU. ICK LLC By ?/ Schaun D. Henry dip c: Coy Starr, Esquire Mr. Andrew R. Baker COLUMBUS. OH HAZLETON, PA WASHINGTON, D.C. ANDREW R. BAKER, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY, Plaintiff § PENNSYLVANIA V. § § Civil Action No. 2000-5008 PERFECT ORDER, INC., § § Civil Action- Law Defendant § 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 Amended 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 judgement may be entered against you by the Courtwithout further notice for any money claimed in the Complaint or for any other claim or relief requested by the Petitioner. 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. CENTRAL PENNSYLVANIA LEGAL SERVICES 213A North Front Street Harrisburg, PA 17101 (717) 232-7536 ANDREW R. BAKER, Plaintiff V. PERFECT ORDER, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 2000-5008 Civil Action- Law Defendant AMENDED COMPLAINT AND NOW, comes the Plaintiff, Andrew Baker, by and through his attorney, Coy A. Starr, Esq., to allege as follows: PARTIES 1. Plaintiff, Andrew Baker is an individual RD # 4 Box 4677, Duncannon, Pennsylvania 17020. 2. Defendant, Perfect Order, Inc. is a corporation doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 1150 Lancaster Blvd, Ste 100, Mechanicsburg, Pennsylvania 17055. VENUE 3. Venue is appropriate for with this action because the causes of action arose with Defendant in Mechanicsburg, Cumberland County, Pennsylvania. BACKGROUND OF FACTS AND AGREEMENT TERMS 4. On or about March, 1996, Plaintiff was hired by Perfect Order, Inc. to be a consultant. 5. The contract of employment was an oral agreement whereby Plaintiff would be employed by Perfect Order for one year at a rate of pay of a minimum $35,000.00 per year with three weeks paid vacation. 6. The minimum pay of $35,000.00 per year was in essence a "draw" upon which the consultant was to be paid a commission of forty-five percent (45%) of what was billed to the customer and that amount was to be subtracted from the draw. In other words, the consultant could earn more than the minimum $35,000.00 per year. On April 1, 1996, Plaintiff began working for Defendant. 8. In September, 1996 Plaintiff was approached by John Gomery, Vice President of Perfect Order, Inc., and he inquired as to whether Plaintiff was interested in creating and running a PC manufacturing facility in an effort to gain a state contract as a hardware provider/manufacturer. 9. Plaintiff was interested and met with Terry Johnson to finalize the terms of employment. 10. At this meeting in September, 1996, the terms of the employment were orally agreed that Plaintiff s salary would remain the same and that the length of said contract was to be two (2) years. This oral two year agreement was to become the standard contract for Perfect Order, Inc. 11. In October 1996, Plaintiff began the groundwork for forming the manufacturing branch by creating a procedure for manufacture; software for tracking stock, sales, and doing reports; creating and maintaining contact with the two major parts distributors in the area; and hiring a part time person to help with construction. This individual would later become a full time consultant with Perfect Order and remains in their employ. 12. On September 10, 1997 while working in the manufacturing facility, Plaintiff was injured trying to lift an 80+ pound boxed computer. Plaintiff completed all necessary paperwork relating to filing a workman's compensation claim. 13. On or about October 31, 1997, this facility was closed. 14. Due to a negative income stream during Plaintiff s work at his new position and the subsequent loss of pay due to the facility closure, Plaintiff s rate of pay was to be changed to $39,000.00 per year beginning November 1, 1997. 15. On or about November 1, 1997, Plaintiff began working again as a consultant for Perfect Order, Inc with the same rate of pay and benefits as he had previously received as a consultant. 16. Due to Plaintiff s injuries, Plaintiff and Defendant agreed to allow Plaintiff to become an an office employee performing inside sales and sales support tasks, as well as some vendor relations, product ordering, and marketing and Plaintiff was to coordinate the sale of the newly formed and financially failing training facility. 17. Plaintiff and Defendant agreed pursuant to prior dealings that the rate of pay for this position would be the same as the previous position for a two (2) year period to begin on January 6, 1998. 16.. At the end of March, 1998, Terry Johnson indicated to Plaintiff that "he was very pleased with [Plaintiff s] work and that [Johnson] had big plans for Plaintiff during the next year." 18. Because of Plaintiff s injuries, Plaintiff was required to attend regular massage therapy sessions. Defendant's sales staff began to make complaints about these sessions. 19. As a result of said complaints, Plaintiff reduced his therapy sessions to one time per week. 20. Despite the reduction in therapy sessions, the complaints about Plaintiff's availability continued and the work environment became increasingly unpleasant. Plaintiff s pain levels increased due to the reduction in treatment and the increase in stress. 21. The office environment became increasingly difficult and by the end of May, 1998 Plaintiff was regularly receiving unfriendly comments about Plaintiff s need to attend therapy and doctors appointments from my fellow office workers, partners in the company, and the sales staff. 22. In the beginning of June, 1998, Perfect Order's Human Relations Specialist Crystal Griffin complained to Plaintiff that during the times Plaintiff was out the sales staff requested that she perform Plaintiff s duties and that she could not handle the increase in workload. In response to her complaint, Plaintiff issued a friendly email asking the sales staff to cease those requests and to place work requests on Plaintiff s therapy day prior to 3 P.M. 23. Within a couple of days, Ms. Griffin complained that the sales staff was continuing with their requests. Frustrated, under intense stress, and suffering pain levels that were no longer manageable, Plaintiff lost his temper and issued an abrasive email demanding that the sales staff respect my previous request to not burden Ms. Griffin with my work. Within the hour following said email, Plaintiff issued a follow up email apologizing for the abrasive nature of the second email. Additionally, Plaintiff spoke to each sales person and apologized in person. Without exception they all stated that they understood the stress levels and that they were not adversely affected by the email. 24. The next day Ms. Griffin and Terry Johnson stated that they wished to conduct meeting in response to the abrasive email. 25. Prior to the appointed time in a casual meeting in the hallway Plaintiff asked Mr. Johnson about the nature of that meeting. He told Plaintiff that pursuant to company policy as set forth in the company's employee handbook the manner in which to deal with minor problems was to meet with the employers and in all likelihood would result in a verbal reprimand. Johnson reaffirmed at that time that he was pleased with Plaintiff s performance and noted the progress made with the training facility. A difficult work request came up and Mr. Johnson asked Plaintiff to handle that request instead of having the informal meeting. The informal meeting was never rescheduled. 26. The following day, Ms. Griffin and Plaintiff had a meeting in the morning. No mention was made about the email but she asked that Plaintiff assume some additional responsibilities in order to reduce her workload. Plaintiff accepted those responsibilities. 27. On June 30, 1998, Plaintiff requested a weeks vacation to begin July 1, 1998 until Monday, July 6, 1998. 28. On or about July 13, 1998, Plaintiff met with Ms. Griffin with respect to Plaintiff's request regarding a workman's compensation claim he wished the company to file on his behalf. She stated that she felt Plaintiff was asking the company to perform a fraudulent act by filing the request for Workman's Compensation. Plaintiff responded by explaining that Workman's Compensation would be better able to determine the validity of Plaintiff s claim for compensation. At that time she restated that she refused to file the claim on Plaintiff s behalf because she felt it was illegal but did state that Plaintiff could file said request on his own behalf. 29. On Wednesday July 15, 1998 Plaintiff was discharged. 30. Prior to discharge, Plaintiff never had a meeting with his employers pursuant to the company's employment contract. 31. At the time of discharge, Plaintiff had approximately one and one-half (1 ''/2) years remaining on the two year oral employment contract agreed to begin on November 1, 1997. CLAIMS FOR RELIEF BREACH OF CONTRACT 32. The facts and statements of paragraphs 1 through 31, above, are here incorporated by reference. 33. Defendant breached an oral, two year employment contract entered into on January 6, 1998 by discharging Plaintiff without cause as provided by the procedures set forth in the Defendant's employee handbook. 34. Plaintiff suffered damages to include but not limited to an amount in excess of one and one half year's worth of salary and benefits as a result of Defendant company's breach of said agreement. WHEREFORE, Plaintiff requests judgment against Defendant and in favor of Plaintiff for the remaining amount of salary due pursuant to said contract, plus costs and interests and any other relief this Court may deem just and proper. Date: Respectfully submitted, By: O/ Coy A Starr, Esquire Supreme Court I.D. No.: 77956 Law Office of Coy A. Starr 211 Loshes Run Road Duncannon, PA 17020 (717) 834-3460 VERIFICATION I, Andrew R. Baker, verify that the statements made in this Amended 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 unsworn falsification to authorities. A Date ndrew R. Baker ANDREW R. BAKER, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY, Plaintiff § PENNSYLVANIA v. § § Civil Action No. 2000-5008 PERFECT ORDER, INC., § § Civil Action- Law Defendant § CERTIFICATE OF SERVICE AND NOW, this day of 12`h day of February, 2001, I hereby verify that I have caused true and correct copy of the Complaint in the above captioned matter to be placed in the U. S Mail, First Class postage prepaid and addressed as follows: Schaun D. Henry McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-5300 Date: 2 l Z o By. Coy A Starr, Esquire Supreme Court I.D. No.: 77956 Law Office of Coy A. Starr 211 Loshes Run Road Duncannon, PA 17020 (717) 834-3460 C_. S c c :, Co ANDREW R. BAKER, Plaintiff V. PERFECT ORDER, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 2000-5008 Civil Action- Law Defendant 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 judgement 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 Petitioner. 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. CENTRAL PENNSYLVANIA LEGAL SERVICES 213A North Front Street Harrisburg, PA 17101 (717) 232-7536 ANDREW R. BAKER, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY, Plaintiff § PENNSYLVANIA V. § § Civil Action No. 2000-5008 PERFECT ORDER, INC., § § Civil Action- Law Defendant § COMPLAINT AND NOW, comes the Plaintiff, Andrew Baker, by and through his attorney, Coy A. Starr, Esq., to allege as follows: PARTIES Plaintiff, Andrew Baker is an individual RD # 4 Box 4677, Duncannon, Pennsylvania 17020. 2. Defendant, Perfect Order, Inc. is a corporation doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 1150 Lancaster Blvd, Ste 100, Mechanicsburg, Pennsylvania 17055. VENUE 3. Venue is appropriate for with this action because the causes of action arose with Defendant in Mechanicsburg, Cumberland County, Pennsylvania. BACKGROUND OF FACTS AND AGREEMENT TERMS 4. On or about March, 1996, Plaintiff was hired by Perfect Order, Inc. to be a consultant. The contract of employment was an oral agreement whereby Plaintiff would be employed by Perfect Order for one year at a rate of pay of a minimum $35,000.00 per year with three weeks paid vacation. 6. The minimum pay of $35,000.00 per year was in essence a "draw" upon which the consultant was to be paid a commission of forty-five percent (45%) of what was billed to the customer and that amount was to be subtracted from the draw. In other words, the consultant could earn more than the minimum $35,000.00 per year. On April 1, 1996, Plaintiff began working for Defendant. 8. In September, 1996 Plaintiff was approached by John Gomery, Vice President of Perfect Order, Inc., and he inquired as to whether Plaintiff was interested in creating and running a PC manufacturing facility in an effort to gain a state contract as a hardware provider/manufacturer. Plaintiff was interested and met with Terry Johnson to finalize the terms of employment. 10. The terms of the employment were orally agreed that Plaintiff s salary would remain the same and that the length of said contract was to be two (2) years. This oral two year agreement was to become the standard contract for Perfect Order, Inc. 11. In October 1996, Plaintiff began the groundwork for forming the manufacturing branch by creating a procedure for manufacture; software for tracking stock, sales, and doing reports; creating and maintaining contact with the two major parts distributors in the area; and hiring a part time person to help with construction. This individual would later become a full time consultant with Perfect Order and remains in their employ. 12. Due to a negative income stream during Plaintiff s work at this new position, Plaintiff s rate of pay was to be changed to $39,000.00 per year beginning November 1, 1997. 13. On September 10, 1997 while working in the manufacturing facility, Plaintiff was injured trying to lift an 80+ pound boxed computer. Plaintiff completed all necessary paperwork relating to filing a workman's compensation claim. 14. On November 1, 1997, Plaintiff began working again as a consultant for Perfect Order, Inc. 15. Due to Plaintiffs injuries, Plaintiff and Defendant agreed to allow Plaintiff to become an an office employee performing inside sales and sales support tasks, as well as some vendor relations, product ordering, and marketing and Plaintiff was to coordinate the sale of the newly formed and financially failing training facility. Plaintiff began at this position on January 6, 1998. 16.. At the end of March, 1998, Terry Johnson indicated to Plaintiff that "he was very pleased with [Plaintiff s] work and that [Johnson] had big plans for Plaintiff during the next year." 17. Because of Plaintiffs injuries, Plaintiff was required to attend regular massage therapy sessions. Defendant's sales staff began to make complaints about these sessions. 18. As a result of said complaints, Plaintiff reduced his therapy sessions to one time per week. 19. Despite the reduction in therapy sessions, the complaints about Plaintiff's availability continued and the work environment became increasingly unpleasant. Plaintiff's pain levels increased due to the reduction in treatment and the increase in stress. 20. The office environment became increasingly difficult and by the end of May, 1998 Plaintiff was regularly receiving unfriendly comments about Plaintiff s need to attend therapy and doctors appointments from my fellow office workers, partners in the company, and the sales staff. 21. In the beginning of June, 1998, Perfect Order's Human Relations Specialist Crystal Griffin complained to Plaintiff that during the times Plaintiff was out the sales staff requested that she perform Plaintiff s duties and that she could not handle the increase in workload. In response to her complaint, Plaintiff issued a friendly email asking the sales staff to cease those requests and to place work requests on Plaintiff's therapy day prior to 3 p.m. 22. Within a couple of days, Ms. Griffin complained that the sales staff was continuing with their requests. Frustrated, under intense stress, and suffering pain levels that were no longer manageable, Plaintiff lost his temper and issued an abrasive email demanding that the sales staff respect my previous request to not burden Ms. Griffin with my work. Within the hour following said email, Plaintiff issued a follow up email apologizing for the abrasive nature of the second email. Additionally, Plaintiff spoke to each sales person and apologized in person. Without exception they all stated that they understood the stress levels and that they were not adversely affected by the email. 23. The next day Ms. Griffin and Terry Johnson stated that they wished to conduct meeting in response to the abrasive email. 24. Prior to the appointed time in a casual meeting in the hallway Plaintiff asked Mr. Johnson about the nature of that meeting. He told Plaintiff that pursuant to company policy as set forth in the company's employee handbook the manner in which to deal with minor problems was to meet with the employers and in all likelihood would result in a verbal reprimand. Johnson reaffirmed at that time that he was pleased with Plaintiff s performance and noted the progress made with the training facility. A difficult work request came up and Mr. Johnson asked Plaintiff to handle that request instead of having the informal meeting. The informal meeting was never rescheduled. 25. The following day, Ms. Griffin and Plaintiff had a meeting in the morning. No mention was made about the email but she asked that Plaintiff assume some additional responsibilities in order to reduce her workload. Plaintiff accepted those responsibilities. 26. On June 30, 1998, Plaintiff requested a weeks vacation to begin July 1, 1998 until Monday, July 6, 1998. 27. On or about July 13, 1998, Plaintiff met with Ms. Griffin with respect to Plaintiff s request regarding a workman's compensation claim he wished the company to file on his behalf. She stated that she felt Plaintiff was asking the company to perform a fraudulent act by filing the request for Workman's Compensation. Plaintiff responded by explaining that Workman's Compensation would be better able to determine the validity of Plaintiff's claim for compensation. At that time she restated that she refused to file the claim on Plaintiff's behalf because she felt it was illegal but did state that Plaintiff could file said request on his own behalf. 28. On Wednesday July 15, 1998 Plaintiff was discharged. 29. Prior to discharge, Plaintiff never had a meeting with his employers pursuant to the company's employment contract. 30. At the time of discharge, Plaintiff had approximately one and one-half (1 %) years remaining on the two year oral employment contract agreed to begin on November 1, 1997. CLAIMS FOR RELIEF BREACH OF CONTRACT 31. The facts and statements of paragraphs 1 through 31, above, are here incorporated by reference. 32. Defendant breached an oral, two year employment contract entered into on November 1997 by discharging Plaintiff without cause as provided by the procedures set forth in the Defendant's employee handbook. 33. Plaintiff suffered damages in an amount in excess of one and one half year's worth of salary as a result of Defendant company's breach of said agreement. WHEREFORE, Plaintiff requests judgment against Defendant and in favor of Plaintiff for the remaining amount of salary due pursuant to said contract, plus costs and interests and any other relief this Court may deem just and proper. Respectfully submitted, Date: By: Coy A tarr, Esquire Supreme, Court I.D. No.: 77956 Law Office of Coy A. Starr 4 South Market Street Duncannon, PA 17020 (717) 834-6024 VERIFICATION I, Andrew R. Baker, verify that the statements made 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. "' 'Date I Andrv-R. Baker ANDREW R. BAKER, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY, Plaintiff § PENNSYLVANIA V. § § Civil Action No. 2000-5008 PERFECT ORDER, INC., § § Civil Action- Law Defendant § CERTIFICATE OF SERVICE AND NOW, this day of 14' day of August, 2000, I hereby verify that I have caused true and correct copy of the Complaint in the above captioned matter to be placed in the U. S Mail, First Class postage prepaid and addressed as follows: James P. DeAngelo, Esq. McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant Date: //'-1 t C? By: Coy A Starr, Esquire Supreme Court I.D. No.: 77956 Law Office of Coy A. Starr 4 South Market Street Duncannon, PA 17020 (717) 834-6024 0, ANDREW R. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PERFECT ORDER, INC., Defendant NO. 2000-5008 ORDER AND NOW, this 191" day of 04Pd-&&- , 2002, the above-captioned matter, Civil Action No. 2000-5008, is hereby dismissed with prejudice. OF T,N9Y 02` .: 19 cul A I TY o l 9V6?! !?? y4`!:i?9llR+p ns:n- A"-i!p-ie@8f?:!'Ai?f llY.?,£?FN4FeS: MR!,??PZ91i?1. '!' ANDREW R. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-5008 PERFECT ORDER, INC., Defendant MOTION TO ACCEPT PRAECIPE TO DISCONTINUE SUIT AND NOW comes the Defendant, Perfect Order, Inc., by its attorneys McNees Wallace & Nurick LLC, and respectfully requests that this Honorable Court enter an order directing the Prothonotary to accept for filing the Plaintiffs Praecipe to Discontinue Suit and to mark this action as ended, discontinued and settled. In support of said Motion, the Defendant represents the following: 1. On January 30, 2002, Plaintiff filed a "Praecipe to Discontinue Suit," attached as Exhibit A, with the Prothonotary. 2. The Prothonotary rejected the Praecipe on the grounds that the Praecipe must be filed by Plaintiffs attorney. 3. At the start of the suit, Plaintiff was represented by Coy A. Starr, Esq. 4. On August 2, 2001, Mr. Starr requested leave of the Court to withdraw appearance. Mr. Starr was voluntarily placed on inactive status with respect to the practice of law and has since closed his law office. Since the discontinuance of his legal practice, neither Plaintiff nor Defendant have been able to locate Mr. Starr. 5. On December 17, 2001, Plaintiff and Defendant entered into a Settlement Agreement and General Release, attached as Exhibit B, settling the dispute between the parties. 6. In light of the limited resources of the judicial system and the fact that this suit has lingered for over ten months since execution of the Settlement Agreement, Defendant respectfully asks the Court to accept Plaintiffs Praecipe to Discontinue Suit to bring this matter to a close. McNEES, WALLACE & N RICK By James P. DeAngelo I.D. No. 62377 Schaun D. Henry I. D. No. 80597 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant Perfect Order, Inc. Dated: October 23, 2002 ANDREW R. BAKER, Plaintiff V. PERFECT ORDER, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5008 CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE SUIT TO: Prothonotary Mark this action as ended, discontinued and settled. Date: 1'3°J0 2 ,- Andrew R. Baker, Plaintiff SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Agreement") is entered into this t`L day of lbctaAppy- , 2001, by and between PERFECT ORDER, INC. ("Company"), and ANDREW R. BAKER ("Baker") WHEREAS, Baker was formerly employed by the Company; and WHEREAS, differences have arisen between the parties concerning Baker's termination from his employment; and WHEREAS, both parties desire to reach an amicable settlement of these differences. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and intending to be legally bound, the Company and Baker agree as follows: 1. Purpose: It is expressly understood that this Agreement is entered into for the purpose of avoiding further litigation between Baker and the Company of the claims arising out of the aforesaid employment relationship. 2. Consideration: The undersigned, Andrew R. Baker, expressly acknowledges and confirms that the only considerations for him signing this Settlement Agreement and General Release are the neutral letter of reference and the other terms and provisions stated herein; that no other promise or agreement of any kind, save for these set forth in this Agreement has been made to him by any person or entity whatsoever to cause him to sign this document; and that he fully understands the meaning and intent of this instrument. 3. Other Benefits: Any other benefits accumulated by or provided to Baker as an employee of the Company which have not already ceased will cease as of the date of this Agreement. 4. Liahili : Nothing contained herein shall be construed as an admission by the Company of any liability of any kind to Baker, all such liability being waived. 5. Confidentiality: Baker and the Company agree that the terns and fact of settlement shall be confidential. Baker and the Company further agree not to disclose any information concerning this settlement to any agency or person, including but not limited to past, present and future employees of the Company, except where such disclosure is required by law. 6. Disparaging Remarks: Neither Baker nor the Company shall make any disparaging references about each other orally, in writing, electronically, or in any other manner. At all times the references to and comments about each other shall be free of negative inference. In response to any inquiries regarding Baker's employment with the Company, the Company agrees that it shall merely disclose Baker's dates of employment, his position, and his rate of pay. In addition, the Company agrees that it will provide Baker with a letter of reference indicating his job duties and that he performed those duties to the satisfaction of the Company (attached as Exhibit 1). 7. Governing Law: This Agreement shall be construed in accordance with and be governed by the laws of the Commonwealth of Pennsylvania. 8. Release: In consideration of the terms of this Agreement, Baker agrees for himself, his heirs, executors, administrators, successors and assigns to forever release and discharge the Company and its successors and assigns, officers, agents, contractors, consultants and employees, past and present, collectively or individually, from any and all claims, demands, causes of actions, losses and expenses of every nature whatsoever, known or unknown, arising out of or in connection with his employment by the Company or the termination thereof, including, but not limited to, breach of contract (express or implied), intentional infliction of emotional harm, wrongful discharge or other tort, the Age Discrimination In Employment Act of 1967 (29 U.S.C. §621 gt seg.), or any other federal, state or municipal statute or ordinance relating to employment, labor relations or wages. The Company agrees for itself, its successors and assigns, officers, agents, contractors, consultants and employees, past and present, collectively or individually to forever release, hold harmless and discharge Baker for himself, his heirs, executors, administrators, successors and assigns from any and all claims, demands, causes of actions, losses and expenses of every nature whatsoever, known or unknown, arising out of or in connection with Baker's employment by the Company or the termination thereof, including, but not limited to, breach of contract (express or implied), intentional infliction of emotional harm, wrongful discharge or other tort, the Age Discrimination In Employment Act of 1967 (29 U.S.C. §621 et Mg.), or any other federal, state or municipal statute or ordinance relating to employment, labor relations or wages, or any cause of action. The Company releases Baker from all claims arising from his employment up to and including the time of signing of this Agreement. 9. Covenant Not To Sue: Baker agrees that in addition to discontinuing, withdrawing and ending his charges before the Court of Common Pleas for Cumberland County, Civil Action No. 2000-5008, he will not bring any other action, suit or administrative proceeding or request contesting the validity of this Agreement or attempting to negate, modify or reform it, nor will he sue the Company and/or its officers, agents, contractors, consultants or employees, past or present, individually or collectively, for any reason arising out of his employment or the termination thereof. In the event that Baker breaches this covenant, Baker shall pay the Company all of its actual attorneys' fees and costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom in the event the same is ultimately concluded in the Company's favor. In the event that the Company breaches this covenant, the Company shall pay Baker all of his actual attorneys' fees and costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom in the event the same is ultimately concluded in the Baker's favor. The Company also agrees that it shall not sue Baker due to any cause of action arising from his employment up to the time of the signing of this Agreement. 10. Other Agreements: This Agreement cannot be amended or modified, except in writing signed by Baker and an agent of the Company specifically authorized to sign on behalf of the Company in this matter. 11. Severability: In the event that any provision of this Agreement shall be held to be void, voidable or unenforceable, the remaining portions hereof shall remain in full force and effect. 12. Acknowledgement: Baker represents to the Company as follows: (a) He has had at least twenty-one (21) days to review all of the provisions of this Agreement with his attorney, and fully understands it and the choices with respect to the advisability of making the settlement and release provided herein. (b) He acknowledges that the entered into this Agreement by his free will and choice without any compulsion, duress or undue influence from anyone. (c) He acknowledges that he has had independent legal counsel who has advised him regarding his rights and the advisability of entering into this Agreement. (d) He acknowledges that he has been advised by his attorney of his/her right to revoke this Agreement during the seven (7) day period following execution hereof. 13. Number of Copies/Pages: This document has been intentionally made four (4) pages. Baker and the Company agree that there will only be two (2) fully executed originals, one (1) for Baker and one (1) for the Company. Any additional copies needed can be made from the originals. 14. Authorized Agent: The Company hereby nominates , (Name and Title), as their authorized Agent to sign this Agreement. The Company hereby warrants that the authorized Agent has the authority to sign on behalf of the Company, intending on this Agreement to be legally binding. w IN WITNESS WHEREOF, Baker has hereunto set his hand and the Company has caused this Agreement to be executed by its duly authorized agent, all as of the date first above written. EXECUTED the day and year first above written. Witness f M Pe ct Ordei, Inc. Witness Witness Ma- Witness Nr??- drew Baker CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon Plaintiff. Andrew R. Baker 2033 Linglestown Road Harrisburg, PA 17110-9484 Schaun D. Henry Dated: October 23, 2002 {A388662:} v. ANDREW R. BAKER, Plaintiff VS. PERFECT ORDER, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5008 CIVIL CIVIL ACTION - LAW IN RE: REQUEST TO WITHDRAW APPEARANCE ORDER AND NOW, this 2-14 day of October, 2002, the request of Coy A. Star, Esquire, to withdraw as counsel of record for the plaintiff in the above captioned matter is GRANTED. BY THE COURT, Kevi A. Hess, J. Andrew R. Baker Plaintiff Schaun D. Henry, Esquire 0 For the Defendant :rlm Fil r _. oz, OCT 28 "r' 4: t?"