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Home My WebLink About09-5404ANTHONY F. ROSELLI, II, Plaintiff VS. CORNELIA APPLEBY and THE ) SHEPHARDSTOWN UNION HOTEL, ) LLC., Defendants NOTICE TO DEFENDANTS NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o q- j---L/-0q 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 ANTHONY F. ROSELLI, II, Plaintiff VS. CORNELIA APPLEBY and THE ) SHEPHARDSTOWN UNION HOTEL, ) LLC., Defendants COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 9 5`10 `t Cwt e AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Plaintiff is Anthony F. Roselli, II an adult individual who resides at 1318 Forge Road in Carlisle, Cumberland County, Pennsylvania. 2. The Defendants are Cornelia Appleby an adult individual who resides at 240 Gettysburg Pike in Mechanicsburg, Cumberland County, Pennsylvania. The Defendant The Shepherdstown Union Hotel, LLC is a limited liability company which Plaintiff believes the Defendant Appleby formed and its principal address is also 240 Gettysburg Pike in Mechanicsburg, Cumberland County, Pennsylvania. 3. Commencing sometime in 2008, Defendant Appleby operated a restaurant and catering business out of her property at 240 Gettysburg Pike. 4. In September of 2008, Defendant Appleby invited Plaintiff to join in her business and offered him an ownership interest in that business in exchange for his making contributions and advances to her. 5. In response to Defendant Appleby's invitation, Plaintiff made various advances to Defendant to assist her in opening and operating the business. Those advances included: A. Funds to purchase a laptop computer and insurance policy on the computer in late September of 2008 of $1,049.89 B. A cash payment on 24 September 2008 of $6,300.00 C. A cash advance on 14 October 2008 of $2,979.00 D. A second cash advance on 14 October 2008 of $1,373.51 E. A third cash advance on 14 October 2008, to avoid an overdraft in Defendant's bank account of 325.00 Total $12,027.40 6. At the time Plaintiff made the first advances to Defendant Appleby, Plaintiff and Defendant Appleby signed a document in which Defendant Appleby promised to create a limited liability company and include Plaintiff as a member or owner in the company. The document the parties signed further provided that Defendant Appleby would refund all advances made by Plaintiff in the event that the limited liability company was not created and documents signed to the satisfaction of both parties. A copy of that document is attached hereto and marked as EXHIBIT A. 7. In March of 2009, Plaintiff demanded the refund of the funds he had advanced to Defendant Appleby pursuant to their understanding. To date, the funds he had advanced have not been refunded by Defendant Appleby. 8. In addition to the cash advances Plaintiff made to Defendant Appleby, as outlined above, Plaintiff worked as a chef in Defendant Appleby's restaurant business with the understanding that he would become a part owner in that business. The agreement between the parties was that Defendant Appleby would pay Plaintiff the sum of $1,600.00 each pay period for his services to the business. 9. Plaintiff believes that Defendant Appleby never actually formed a limited liability company known as The Shepherdstown Union Hotel, LLC. Defendant Appleby used that name to operate her business, but he does not believe that a limited liability company was ever formally organized or created. 10. Two of the checks issued by Defendant Appleby to Plaintiff to compensate Plaintiff for his services to Defendant Appleby's business were dishonored and returned by Defendant Appleby's bank. As a rseult, Plaintiff has not been paid a total of $3,200.00 in wages for employment services he rendered to Defendant Appleby. COUNT I - PAYMENT OR REIMBURSEMENT OF CASH ADVANCES The averments set out in Paragraphs 1 through 9 above are incorporated herein by reference. 11. Defendant Appleby owes Plaintiff the sum of $12,027.40 for funds he advanced to Defendant Appleby pursuant to the agreement between them, which advances have not been reimbursed by Defendant Appleby. 12. Plaintiff is entitled to interest on the funds advanced to Defendant Appleby, at the rate of 6% per annum. 13. Despite Plaintiff's demands, Defendant Appleby has not paid or reimbursed Plaintiff the sums advanced as outlined above. WHEREFORE, Plaintiff demands judgment against Defendant Appleby in the amount of $12,027.40, plus interest from 30 September 2008, plus costs of suit. COUNT II - UNPAID WAGES The averments set out in Paragraphs 1 through 9 above are incorporated herein by reference. 14. Plaintiff is an employee and Defendant Appleby is an employer under the terms of Pennsylvania's Wage Payment and Collection Law, 43 P.S. 260.1 et sea. 15. Defendant Appleby owes Plaintiff unpaid wages in the amount of $3,200.00. 16. Pursuant to Section 260.9 a of the Pennsylvania Wage Payment and Collection Law, Plaintiff is entitled to recover his costs and attorneys fees incurred in this matter. To date, Plaintiff's attorneys fees are $600.00. 17. Pursuant to Section 260.10 of the Pennsylvania Wage Payment and Collection Law, Plaintiff is entitled to recover liquidated damages from Defendant Appleby calculated at the greater of 25% of the unpaid wages or $500.00. Plaintiff hereby demands payment of liquidated damages in the amount of $800.00, which represents 25% of the unpaid wages. WHEREFORE, Plaintiff demands judgment against Defendant Appleby as follows: A. In the amount of $3,200.00 for unpaid wages; B. In the amount of $800.00 as liquidated damages recoverable under Pennsylvania law; C. Payment of his actual attorneys fees, at the date this complaint is filed, are $600.00 but will increase thereafter; D. Interest on the above sums from 30 September 2008, until the date paid; E. Plaintiff's costs in this action. . COUNT III - CLAIM AGAINST THE SHEPHERDSTOWN UNION HOTEL. LLC. 18. The averments set forth in the preceding paragraphs of this complaint are incorporated herein by reference. 19. In the event that Defendant Appleby organized or formed a limited liability company under the name The Shepherdstown Union Hotel, LLC, Defendant Appleby states that such company is obligated to Plaintiff jointly and severally with Defendant Appleby for the claims set forth in Count I and Count II above, because the monies and services provided by Plaintiff to Defendant Appleby benefitted Defendant The Shepherdstown Union Hotel, LLC as well. WHEREFORE, Plaintiff demands judgment against both Defendants jointly and severally, in the amount of $16,902.49, plus additional attorneys fees as may be permitted under the Pennsylvania Wage Payment and Collection Law, plus interest after 30 September 2008. Samuel L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12`' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7 Z? ?? EXHIBIT A THE UNION HOTEL t ?M?? 3 ?itk a b t P if d? Ri3 g I' w UNIONHOTEL@VERIZON.NET 4 www.TiiF-UNioNHOTELI860.com September 24, 200$ T-11-1-3 t=stir is is verif?- that Anthony Ros :ll'i Jr. is investing in the Shepherdstown Union, Hotel. LLC. I. Cornelia Appleby sole proprietor am receiving payment of $ 6,300.00 as investment capital in the business. The percentage of ownership will be based on the value of the business being $250,000. Details of the investment, and evidence of Anthony Roselli Jr. being listed as a member of the LLC will be forth coming and finalized. If in the event the details are not agreed upon then Anthony Roselli. or. Cornelia Appleby then demand for full payment of invested monies will be refunded to Anthony Roselli, within 60 days with said accrued interest to be paid by Shepherdstown Union Hotel LLC. I a Ltotheterm of this temporary agreement, C0 The,,.?r sAw IJnio o ,Cornelia Appl 1-7 4,o D d l? 77 ,t , Y:.I ??. 2020 -'i i ! ? t n iI -P4 12, F 5T U?, 7 q f'? 17 0 0 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ???,r?tr At ?ttrr?bcPj???tt OFFICE OF T?? SHERIFF ALE ^tr r C" I ,A,I y 2009 [10' 12 A '3v culv* ``.i Anthony F. Roselli, 11 vs. Cornelia Appleby Case Number 2009-5404 SHERIFF'S RETURN OF SERVICE 08/07/2009 01:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 7 2009 at 1300 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: The Shephardstown Union Hotel, LLC, by making known unto Cornelia Appleby, adult in charge at 240 Gettysburg Pike Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/07/2009 01:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 7 2009 at 1300 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cornelia Appleby, by making known unto herself personally, defendant at 240 Gettysburg Pike Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.44 August 10, 2009 SO ANSWERS, 4Wr:W5AKA0We--4? -RTHOMAS KLINE, SHERIFF Deputy Sheriff ANTHONY F. ROSELLI, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CORNELIA APPLEBY and THE SHEPHARDSTOWN UNION HOTEL, LLC., Defendants CIVIL ACTION - LAW NO. 2009-5404 PRAECIPE TO THE PROTHONOTARY: Please enter judgment against the Defendants Cornelia Appleby and The Shephardstown Union Hotel, LLC., jointly and severely, in the total amount of $16,902.49, plus interest after 20 September 2008, in accordance with Plaintiff's Complaint for failure to file an answer to that complaint. I certify that Notice of Default was provided to both Defendants, by regular mail, and in the form attached hereto, at least ten (10) days prior to the filing of this Praecipe. r S ?r ?'r Date S 1 L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 - A6 ANTHONY F. ROSELLI, II, Plaintiff vs. CORNELIA APPLEBY and THE ) SHEPHARDSTOWN UNION HOTEL, ) LLC., ) Defendants ) To: The Shephardstown Union Hotel, LLC. 240 Gettysburg Pike Mechanicsburg, PA 17055 Date of Notice: 28 September 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5404 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Samuel L. Andes Attorney for Plaintiff Supreme- Goi'[1 ITT ?22-5-- -- / 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 ANTHONY F. ROSELLI, II, Plaintiff VS. CORNELIA APPLEBY and THE ) SHEPHARDSTOWN UNION HOTEL, ) LLC., ) Defendants ) To: Ms. Cornelia Appleby 240 Gettysburg Pike Mechanicsburg, PA 17055 Date of Notice: 28 September 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5404 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Sam el L. des Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 OF 7HE: F," ' T? r,; OTARY 2009 OCT 15 Pill 2: O9 I , jo4'cF- ,• Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~+,~ of ~~unGrr, ~qt~~ a~~ 2Ql0 J~J{~ -4 ~~ ~~ 1n ~~~J1t~~~~i .~;_,~,~ ~ ~ ~..'v~'a~~ Anthony F. Roselli, II vs. Cornelia Appleby (et al.) Case Number 2009-5404 SHERIFF'S RETURN OF SERVICE 02/01/2010 11:30 AM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 11:00 o'clock AM he served a true copy of the within Writ of Execution and notice upon the within named defendant, to wit: Cornelia Appleby, by making known unto Cornelia Appleby personally anc a levy was made at 240 Gettysburg Pike, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania according to law. 02/01/2010 Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 11:00 o'clock AM he served a true copy of the within Writ of Execution and notice upon the within named defendant, to wit: The Shephardstown Union Hotel, LLC, by making known unto Cornelia Appleby, Owner, and a levy was made at 240 Gettysburg Pike, Upper Allen Township, Mechanicsburg, Cumberlanc County, Pennsylvania according to law. 02/04/2010 Mailed copy of writ by first class mail to the defendant on this date. Also mailed post card by first class mail to the attorney on the writ advising of service date. 05/11/2010 04:25 PM -Sale bill posted on 05-11-2010 at 1620 hours by Deputy Worthington. Sale date set for Thursday, 05-27-10 at 1500 hours. Copy of sale bill mailed to Attorney Andes. 05/11/2010 04:25 PM -Sale bill posted on 05-11-2010 at 1620 hours by Deputy Worthington. Sale date set for Thursday, 05-27-10 at 1500 hours. Copy of sale bill mailed to Attorney Andes. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. Defendants entered into bankruptcy. SHERIFF COST: $119.36 June 03, 2010 ,C?Z~ ~~~ ~ Cc~ . u~~~ ~' ~U ~ ~l~f't' ^) Gour f5.»h ShE. ~~'f. T i ~. sod. u~:: SO ANSWERS, ~r^~"~ RON R ANDERSON, SHERIFF