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HomeMy WebLinkAbout09-6130William C. Bullock IN THE COURT OF COMMON Plaintiff PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW Bimbo Bakeries USA NO. 69 -(0136 Angie Lashomb Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WILLIAM C. BULLOCK Plaintiff vs. BIMBO BAKERIES USA and ANGIE LASHOMB Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. COMPLAINT FOR DAMAGES AGAINST DEFENDANTS FOR THEFT, UNLAWFUL TAKING OF PROPERTY and OTHER CRIMINAL and CIVIL and RELATED CHARGES INCLUDING BUT NOT LIMITED TO TITLE 18 SECTIONS 1106, OFFENSES AGAINST PROPERTY CHAPTER 39 SECTION 3903 FELONY OF THE SECOND DEGREE SPECIFICALLY SECTION 3921 (Theft by unlawful taking) 3923 (intentionally withholds property of another by threatening to:(1) commit another criminal offense: and (7) inflict any other harm which would not benefit the actor.) Section 3927 Theft by failure to make required disposition of funds received. ((a) offense defined.-- A person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment of disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the failure of the actor to make the required payment or disposition. Now comes the Plaintiff, proceeding Pro se, and shows his Complaint against the Defendants as follows: JURISDICTIONAL STATEMENT 1. This is a civil action of criminal charges in which the amount in controversy is greater than $8,000.00, hence the above-styled court has original jurisdiction in the matter pursuant to the Constitution of the State of Pennsylvania and Title 42 section 5301 and further this court has jurisdiction pursuant to, but not limited to the following; Title 18 section 3921 Theft by unlawful taking or disposition. of movable property and other related charges including sections 1106, 3903, 3923, and 3927. PARTIES 2. The Plaintiff is a natural born citizen and resident of Dauphin County, State of Pennsylvania and acts of complaint occurred in Cumberland County, Pennsylvania. 3. Defendants are Bimbo Bakeries USA and Angie Lashomb, Payroll manager. STATEMENT OF THE CASE 4. This is a civil action regarding criminal charges seeking damages against Defendants for Theft and other related charges in violation of the plaintiffs liberties and rights to property. STATEMENT OF THE FACTS 5. On 2-19-09 Bimbo Bakeries along with Angie Lashomb, void of lawful authority or court order, took plaintiff's property (paycheck) in the amount of $729.90 (seven hundred twenty nine dollars and ninety cents). This unlawful taking continues to the present day. 6. Upon warning from Plaintiff that the defendants acted unlawfully, defendants Angie Lashomb and Bimbo Bakeries continued with their action and did not heed warning from Plaintiff regarding the above matter. 7. Upon asking Angie Lashomb if there was a court order or a signed document from me stating that I owed the IRS, she clearly stated `No'. I then informed Angie Lashomb that according to Section 6331 (a section from the IRS Code Title 26), which the IRS themselves referenced as their authority to levy, that the code itself clearly states at (a) that 6331 does not apply to private citizens but only to government employees. She then stated that she agrees but it was company policy to do whatever the IRS demands for fear of what the IRS may do to them. 8. I then proceeded to state that what Angie Lashomb and the company were doing was taking my property without the authority of law and in violation of my unalienable right to my property. Angie stated that the company would require a statement from the IRS before they would cease. 9. I later, in an effort to resolve the problem, called Angie Lashomb in April to relay to her the severe hardship these actions were causing whenever my pay was taken. I asked her again to please stop the action of taking my money or to at least lower the amount with no results. Angie stated that she would not stop until the company received a letter from the IRS with instructions to stop the action. 10. On another occasion I informed Angie Lashomb that the taking of my property (paycheck) was unlawful and a violation of my right to property. Her response was to again inform me that she knew that she/they were not required to take my pay and to forward it to the IRS but that she was going to continue to do so in spite of the knowledge. 11. True to Angie and the Company's word they continue in the taking and forwarding to the IRS even though they/Angie acknowledged and understand that they are not required to do so. Knowing that it is putting a tremendous financial and emotion, etc. hardship upon me and my family to the point of my having to borrow money from friends and family just to pay essential bills the defendants continue to proceed. The stress has caused me personal medical problems to the point of my finding it necessary to spend time in the hospital; they continue in the taking of my property in garnishment regardless. 12. Following is a list of amounts and dates when my property has been taken by Bimbo Bakeries and Angie Lashomb to the present date of 9-3-09: 2-19-09-------------------------------------------- $729.90 3-5-09---------------------------------------------- $679.36 3-19-09-------------------------------------------- $659.44 4-2-09--------------------------------------------- $679.37 4-16-09------------------------------------------- $1,120.88 4-20-09------------------------------------------- $465.99 5-14-09-------------------------------------------$ 75.54 6-11-09-------------------------------------------$397.55 6-25-09------------------------------------------- $689.65 7-9-09-------------------------------------------- $477.61 8-6-09-------------------------------------------- $730.00 8-20-09------------------------------------------- $477.28 9-3-09-------------------------------------------- $614.67 CAUSE OF ACTION AND RELATED COUNTS 1-12 Plaintiff alleges Paragraphs 1 through 12 as Paragraphs 1-11 of this Cause of Action with same force and effect as if fully set forth herein. 13. Defendants knew or should have known that by taking Plaintiffs property they are in violation of Pa. Title 18 section 3901, 3921, 1106, 3903, 3923, and 3927. More specifically as follows: 3901 "Obtain" (1) to bring about a transfer or purported transfer of legal interest in property, whether to the obtainer or another. 3903 (a.1) felony of the third degree. Theft constitutes a felony of the third degree if the amount involved exceeds $29000.00. 3921 - Theft by unlawful taking or disposition. (a) Movable property-a person is guilty of theft if he unlawfully takes, or exercises unlawful control over movable property of another with intent to deprive him thereof. 3923 - Theft by extortion. (a) A person is guilty of theft if he intentionally obtains or withholds property of another by threatening to: (1) commit another criminal offense; (4) take or withhold action as an official, or cause an official to take or withhold action; (7) inflict any other harm which would not benefit the actor. 3927 - Theft by failure to make required disposition of funds received. (a) offense defined. --A person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own intentionally deals with the property obtained as his own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the failure of the actor to make the required payment or disposition. 14. Defendants Bimbo Bakeries and Angie Lashomb knew or should have known that by the taking of Plaintiff's property they are in violation of plaintiffs civil liberties. The 4th Amendment states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". The 5t' Amendment states "No person shall be deprived of life, liberty, or property without due process of law" 15. Employer Bimbo Bakeries USA and Angie Lashomb are illegally taking property from the plaintiff. On a bi-weekly timing beginning on 2-19-09 and continuing through the present time, at present a total amount of $8483.62 has been taken. 16. Defendants unlawful actions and deliberate and malicious interference with plaintiffs property rights have caused Plaintiff extreme suffering. A. This has caused great hardship upon me mentally, emotionally, and physically. From May 8t' through May 12'h l lay in the hospital and was unable to return to my employment until June 1 s`, 2009 due to blood clots caused by stress brought on by the present problem and will be required to be on blood thinners for at least six months. If doctors find more blood clots I will be required to be on blood thinners for the rest of my life. B. Relationship with my wife has been very stressful and she has had to be put on medication for stress, and is still on this medication at the present time. C. I have been unable to pay my bills on time and have had to borrow money from friends and family to pay my bills since employer started illegally taking my property. D. Defendants are, thereby, wrongfully interfering with Plaintiff's Constitutional right to possessory interest of property belonging to him. Damages claimed in Suit as follows: 1. For amount of money property taken at the present time is $8483.62 but because of the continuing problem is yet to be fully determined. 2. For emotional stress damages in the amount of $250,000.00 3. For interfering with plaintiff's Constitutional Rights $5,000,000.00 (five million) 4. For court cost and post judgment interest - to be determined. 5. For such other relief as the court deem appropriate. Submitted with all due respect this 3_ day of September, 2009. William C. Bullock 1355 South River Road Halifax Penna. 17032 Phone (717) 226-6712 rrtCE 2o?g SEP _g AM ? 1 ? 2`-? CUb? G .k I Y Nt. 1?i diV I-W 7e. sv -„ 4 --- 02 2 o3ss Sheriffs Office of Cumberland Co R Thomas Kline ' OF THE cry; ±,-'rARY Sheri, fJ ",atr at cumber, Ronny R Anderson a 7d 2009 SEP 24 AIH 8+ 3 7 Chief Deputy Jody S Smith Civil Process Sergeant OFF N , F THE SHERIFF Edward L Schorpp Solicitor William C. Bullock i vs. Angie Lashomb Case Number 2009-6130 SHERIFF'S RETURN OF SERVICE 09/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Angie Lashomb, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Luzerne County, PA to serve the within Complaint and Notice according to law. 09/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Bimbo Bakeries USA serving upon Shelly Seligman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Complaint and Notice according to law. 09/15/2009 09:50 AM - Luzerne County Return: And now September 15, 2009 at 0950 hours 1, Michael Savokinas, Sheriff of Luzeme County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Angie Lashomb by making known unto Nancy Masher, Agent or Person in charge of Defendant's office or usual place of business at 325 Kiwanis Blvd. Hazelton, PA 18202 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/17/2009 08:45 AM - Montgomery County Return: And now September 17, 2009 at 0845 hours I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Bimbo Bakeries USA by making known unto Eric Cohen, adult in charge at 255 Business Center Drive Horsham, PA 19044 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.44 SO ANSWERS, September 22, 2009 THOMAS KLINE, SHERIFF Steven R. Wall (PA 39012) swall@morganlewis.com W. John Lee (PA 206796) jlee@morganlewis.com Anne E. Martinez (PA 201189) aemartinez@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 Tele.: 215.963.4928/5210/5718 Fax: 215.963.5001 Attorneys for Defendants WILLIAM C. BULLOCK Plaintiff, V. BIMBO BAKERIES USA and ANGIE LASHOMB, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION - LAW No. 2009-6130 NOTICE OF FILING OF NOTICE OF REMOVAL TO THE PROTHONOTARY: PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. § 1446(d), Defendant Carlisle Foods, Inc. (incorrectly named as "Bimbo Bakeries USA" in the Complaint) and Defendant Angie LaShomb filed a Notice of Removal of the above-captioned action in the United States District Court for the Middle District of Pennsylvania on the 2nd day of October, 2009. A certified copy of the Notice of Removal with attachments is attached hereto as Exhibit A. Respectfully submitted, Dated: October 2, 2009 W A)&,4(4 Steven R. Wall (PA 39012) swall@morganlewis.com W. John Lee (PA 206796) jlee@morganlewis.com Anne E. Martinez (PA 201189) aemartinez@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 Tele.: 215.963.4928/5210/5718 Fax: 215.963.5001 Attorneys for Defendants Carlisle Foods, Inc. and Angie LaShomb 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA WILLIAM C. BULLOCK Plaintiff, V. BIMBO BAKERIES USA and ANGIE LASHOMB, Defendants. Civil Action No. Electronically Filed NOTICE OF REMOVAL PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. §§ 1441 and 1446, Defendant Carlisle Foods, Inc. (incorrectly named "Bimbo Bakeries USA" in the Complaint) (hereinafter referred to as "Carlisle Foods") and Defendant Angie LaShomb ("Ms. LaShomb") (collectively "Defendants") hereby seek the removal of the above-captioned action from the Court of Common Pleas of Cumberland County, Pennsylvania to the United States District Court for the Middle District of Pennsylvania. In support of its Notice of Removal, Defendants represent as follows: 1. On or about September 9, 2009, Plaintiff William Bullock ("Plaintiff') commenced this action against Defendants by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. On or about September 15, 2009, copies of the Complaint and Notice to Plead and/or Defend in said action were served on Ms. LaShomb. On or about September 17, 2009, copies of the Complaint and the Notice to Plead and/or Defend in said action were served on Carlisle Foods. A copy of the Complaint and the Notices to Plead and/or Defend are attached hereto as Exhibit A. Certified from the. record e I 0 -a - 09 Mir CW* 1, 1 Ad A a? 3. Defendants have received no other processes, pleadings or orders in this action. STANDARDS GOVERNING REMOVAL 4. Section 1441(a) of Title 28 of the United States Code provides in relevant part that "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant ... to the district court of the United States for the district and division embracing the place where such action is pending." 5. Section 1441(b) of Title 28 provides that: [a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. 28 U.S.C. § 1441(b). 6. Under these standards, this action is removable to this Court pursuant to § 1441 because the Court has original jurisdiction over the matter as arising under the laws of the United States. FEDERAL QUESTION JURISDICTION 7. Section 1331 of Title 28 provides that federal district courts "shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 8. The United States Supreme Court has held that "[o]nce an area of state law has been completely pre-empted [by federal law], any claim purportedly based on that pre-empted state law is considered, from its inception, a federal claim, and therefore arises under federal law." Caterpillar Inc v. Williams, 482 U.S. 386, 393 (1987). 2 "For 20 years, [the Supreme] Court has singled out claims preempted by § 301 of the [Labor-Management Relations Act ("LMRA"), 29 U.S.C. § 185,] for such special treatment" as the exception to the "well-pleaded complaint" rule for complete preemption. Metro. Life Ins. Co. v. Williams, 481 U.S. 58, 63-64 (1987) (citing Avco Corp. v. Aero Lodge No. 735, Int'l Ass'n of Machinists & Aerospace Workers, 390 U.S. 557, 559-60 (1968)); accord Briones v. Bon Secours Health Sys., 69 F. App'x 530, 534 (3d Cir. 2003) (affirming denial of remand to state court of action removed to federal court on basis of § 301 complete preemption). 10. Plaintiff is subject to a collective bargaining agreement that governs the terms and conditions of his employment with Carlisle Foods. 11. This collective bargaining agreement contains a provision that addresses the ability of the Company to correct payroll errors that result in a shortage greater than $50.00 in the same pay week, as well as a grievance and arbitration provision. 12. Because Plaintiff's claim of theft is based entirely on the Company's alleged failure to correct certain payroll shortages resulting from allegedly improper wage garnishments, Plaintiff's claim will require interpretation of this collective bargaining agreement to which Plaintiff is subject. 13. Because Plaintiff's claim will require interpretation of the collective bargaining agreement, it is completely preempted by § 301 of the Labor-Management Relations Act. 14. Because Plaintiff's state law claim is completely preempted by federal law, it is considered to have arisen under federal law from its inception. Accordingly, this Court has original jurisdiction under § 1331, and, therefore, the action is removable under § 1441(b). 15. Additionally, Plaintiff alleges that Defendants violated his federal Constitutional rights. Accordingly, this Court has original jurisdiction under § 1331 and this action is removable under § 1441(b) for this additional reason. CONCLUSION 16. As described above, this action is properly removable to this Court because this Court has original jurisdiction over Plaintiff's claims. 17. Venue is proper because the Court of Common Pleas of Cumberland County, Pennsylvania is embraced within "the district and division" of this Court. 28 U.S.C. § 1441(a). 18. Concurrent with the filing of this Notice of Removal, written notice of the filing of this Notice of Removal is being given to the Plaintiff pursuant to 28 U.S.C. § 1446(d). In addition, a certified copy of this Notice of Removal will be filed promptly with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. WHEREFORE, Defendants seek removal of this action from the Court of Common Pleas of Cumberland County, Pennsylvania to this United States District Court for the Middle District of Pennsylvania. Respectfully submitted, Dated: October 2, 2009 /s Steven R. Wall Steven R. Wall (PA 39012) swall@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 Tele.: 215.963.4928 Fax: 215.963.5001 OF COUNSEL W. John Lee (PA 206796) jlee@morganiewis.com Anne E. Martinez (PA 201189) aemartinez@morganiewis.com 4 MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103-2921 Tele.: 215.963.5210/5718 Fax: 215.963.5001 Attorneys for Defendants Carlisle Foods, Inc. and Angie LaShomb EXHIBIT A William C. Bullock IN THE COURT OF COMMON Plaintiff PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW Bimbo Bakeries USA NO. d 9 Angie Lashomb Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WILLIAM C. BULLOCK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. BIMBO BAKERIES USA and ANGIE LASHOMB Defendants CIVIL ACTION - LAW NO. COMPLAINT FOR DAMAGES AGAINST DEFENDANTS FOR THEFT, UNLAWFUL TAKING OF PROPERTY ma OTHER CRDAINAL and CIVIL and RELATED CHARGES INCLUDING BUT NOT LIMITED TO TITLE 18 SECTIONS 1106, OFFENSES AGAINST PROPERTY CHAPTER 39 SECTION 3903 FELONY OF THE SECOND DEGREE SPECIFICALLY SECTION 3921 (Theft by unlawful taking) 3923 (intentionally withholds property of another by threatening to:(1) commit another criminal offense: and (7) inflict any other harm which would not benefit the actor.) Section 3927 Theft by failure to make required disposition of funds received. ((a) offense defined.- A person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment of disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the failure of the actor to make the required payment or disposition. Now comes the Plaintiff, proceeding Pro se, and shows his Complaint against the Defendants as follows: JURISDICTIONAL STATEMENT 1. This is a civil action of criminal charges in which the amount in controversy is greater than $8,000.00, hence the above-styled court has original jurisdiction in the matter pursuant to the Constitution of the State of Pennsylvania and Title 42 section 5301 and further this court has jurisdiction pursuant to, but not limited to the following; Title 18 section 3921 Theft by unlawful taking or disposition. of movable property and other related charges including sections 1106, 3903, 3923, and 3927. PARTIES 2. The Plaintiff is a natural born citizen and resident of Dauphin County, State of Pennsylvania and acts of complaint occurred in Cumberland County, Pennsylvania. 3. Defendants are Bimbo Bakeries USA and Angie Lashomb, Payroll manager. STATEMENT OF THE CASE 4. This is a civil action regarding criminal charges seeking damages against Defendants for Theft and other related charges in violation of the plaintiffs liberties and rights to property. STATEMENT OF THE FACTS 5. On 2-19-09 Bimbo Bakeries along with Angie Lashomb, void of lawful authority or court order, took plaintiff's property (paycheck) in the amount of $729.90 (seven hundred twenty nine dollars and ninety cents). This unlawful taking continues to the present day. 6. Upon warning from Plaintiff that the defendants acted unlawfully, defendants Angie Lashomb and Bimbo Bakeries continued with their action and did not heed warning from Plaintiff regarding the above matter. 7. Upon asking Angie Lashomb if there was a court order or a signed document from me stating that I owed the IRS, she clearly stated `No'. I then informed Angie Lashomb that according to Section 6331 (a section from the IRS Code Title 26), which the IRS themselves referenced as their authority to levy, that the code itself clearly states at (a) that 6331 does not apply to private citizens but only to government employees. She then stated that she agrees but it was company policy to do whatever the IRS demands for fear of what the IRS may do to them. 8. I then proceeded to state that what Angie Lashomb and the company were doing was taking my property without the authority of law and in violation of my unalienable right to my property. Angie stated that the company would require a statement from the IRS before they would cease. 9. I later, in an effort to resolve the problem, called Angie Lashomb in April to relay to her the severe hardship these actions were causing whenever my pay was taken. I asked her again to please stop the action of taking my money or to at least lower the amount with no results. Angie stated that she would not stop until the company received a letter from the IRS with instructions to stop the action. 10. On another occasion I informed Angie Lashomb that the taking of my property (paycheck) was unlawful and a violation of my right to property. Her response was to again inform me that she knew that she/they were not required to take my pay and to forward it to the IRS but that she was going to continue to do so in spite of the knowledge. 11. True to Angie and the Company's word they continue in the taking and forwarding to the IRS even though they/Angie acknowledged and understand that they are not required to do so. Knowing that it is putting a tremendous financial and emotion, etc. hardship upon me and my family to the point of my having to borrow money from friends and family just to pay essential bills the defendants continue to proceed. The stress has caused me personal medical problems to the point of my finding it necessary to spend time in the hospital; they continue in the taking of my property in garnishment regardless. 12. Following is a list of amounts and dates when my property has been taken by Bimbo Bakeries and Angie Lashomb to the present date of 9-3-09: 2-19-09--------------------------------------------$ 729.90 3-5-09----------------------------------------------$679.36 3-19-09-------------------- -------------------- ----$659.44 4-2-09----------------- ----------------- -----------$679.37 4-16-09-------------------------------------------$1,120.88 4-20-09-------------------------------------------$465.99 5-14-09------------------------------------------- $75.54 6-11-09--------------------------------------$397-55 6-25-09--------------------------- ---------------- $689.65 7-9-09--------------- ---------- ------------------- $477.61 8-6-09----- ------------------- ------------------- $730.00 8-20-09------- ------- ---------------------------- $477.28 9-3-09------ ---------------------------------- ----$614.67 CAUSE OF ACTION AND RELATED COUNTS 1-12 Plaintiff alleges Paragraphs 1 through 12 as Paragraphs 1-11 of this Cause of Action with same force and effect as if fully set forth herein. 13. Defendants knew or should have known that by taking Plaintiffs property they are in violation of Pa. Title 18 section 3901, 3921, 1106, 3903, 3923, and 3927. More specifically as follows: 3901 "Obtain" (1) to bring about a transfer or purported transfer of legal interest in property, whether to the obtainer or another. 3903 (a.1) felony of the third degree. Theft constitutes a felony of the third degree if the amount involved exceeds $2,000.00. 3921 - Theft by unlawful taking or disposition. (a) Movable property-a person is guilty of theft if he unlawfully takes, or exercises unlawful control over movable property of another with intent to deprive him thereof. 3923 - Theft by extortion. (a) A person is guilty of theft if he intentionally obtains or withholds property of another by threatening to: (1) commit another criminal offense; (4) take or withhold action as an official, or cause an official to take or withhold action; (7) inflict any other harm which would not benefit the actor. 3927 - Theft by failure to make required disposition of funds received. (a) offense defined. A person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own intentionally deals with the property obtained as his own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the failure of the actor to make the required payment or disposition. 14. Defendants Bimbo Bakeries and Angie Lashomb knew or should have known that by the taking of Plaintiffs property they are in violation of plaintiffs civil liberties. The 0 Amendment states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". The 5 h Amendment states "No person shall be deprived of life, liberty, or property without due process of law". 15. Employer Bimbo Bakeries USA and Angie Lashomb are illegally taking property from the plaintiff. On a bi-weekly timing beginning on 2-19-09 and continuing through the present time, at present a total amount of $8483.62 has been taken. 16. Defendants unlawful actions and deliberate and malicious interference with plaintiff's property rights have caused Plaintiff extreme suffering. A. This has caused great hardship upon me mentally, emotionally, and physically. From May 8'h through May 12" I lay in the hospital and was unable to return to my employment until June 1", 2009 due to blood clots caused by stress brought on by the present problem and will be required to be on blood thinners for at least six months. If doctors find more blood clots I will be required to be on blood thinners for the rest of my life. B. Relationship with my wife has been very stressful and she has had to be put on medication for stress, and is still on this medication at the present time. C. I have been unable to pay my bills on time and have had to borrow money from friends and family to pay my bills since employer started illegally taking my property. D. Defendants are, thereby, wrongfully interfering with Plaintiff's Constitutional right to possessory interest of property belonging to him. Damages Claimed in Suit as follows: 1. For amount of money property taken at the present time is 58483.62 but because of the continuing problem is yet to be fully determined. 2. For emotional stress damages in the amount of $250,000.00 3. For interfering with plaintiff's Constitutional Rights $5,000,040.00 (five million) 4. For court cost and post judgment interest - to be determined. 5. For such other relief as the court deem appropriate. Submitted with all due respect this 7_ day of September, 2009. William C. Bullock 1355 South River Road Halifax Penna. 17032 Phone (717) 226-6712 ? .? pRp tdOTAi?'f 2009 SEP -9 AM it ? Z?+ pEti CUt,A PEN?ySYLVAN,A ?7s. so i?? ?? R-*- a 3oaZs Sheriffs Office of Cumberland Co wa-.rICF R Thomas Kline OF THE n•, n>,I, T' Sheriff Ronny R Anderson ??a?se of Caa?ber4?A 2009 SEP 24 AM 8: 3 7 Chief Deputy Jody S Smith w? LVIV? _ : 41y"?? Civil Process Sergeant OFFICE OF THE 3"ERIFF f'[. Edward L Schorpp Solicitor William C. Bullock vs. Case Number Angie Lashomb 2009-6130 SHERIFF'S RETURN OF SERVICE 09/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Angie Lashomb, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Luzerne County, PA to serve the within Complaint and Notice according to law. 09/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Bimbo Bakeries USA serving upon Shelly Seligman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Complaint and Notice according to law. 09/1512009 09:50 AM - Luzeme County Return: And now September 15, 2009 at 0950 hours I, Michael Savokinas, Sheriff of Luzeme County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Angie Lashomb by making known unto Nancy Masher, Agent or Person in charge of Defendant's office or usual place of business at 325 Kiwanis Blvd. Hazelton, PA 18202 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/17/2009 08:45 AM - Montgomery County Return: And now September 17, 2009 at 0845 hours I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Bimbo Bakeries USA by making known unto Eric Cohen, adult in charge at 255 Business Center Drive Horsham, PA 19044 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.44 SO ANSWERS, September 22, 2009 R THOMAS KLINE, SHERIFF CERTIFICATE OF SERVICE I, Steven R. Wall, hereby certify that a true and correct copy of the foregoing Notice of Removal was served via first class U.S. Mail, postage prepaid, on October 2, 2009, on the following: William C. Bullock 1355 South Rive Road Halifax, PA 17032 Pro Se Plaintiff /s Steven R. Wall Steven R. Wall (PA 39012) ,1S 44 (Rev. 12/07) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor su3plement the filing and service ofpleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United tates in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS (II) County of Residence of First Listed Plaintiff Dauphin County (EXCEPT IN U.S. PLAINTIFF CASES) (C) Attorney's (Firm Name, Address, and Telephone Number) Pro Se DEFENDANTS County of Residence of First Listed Defendant Cumberland County (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. Attorneys (If Known) Steven Wall, John Lee, and Anne Martinez of Morgan Lewis & Bockius. 1701 Market Street. Philadelphia PA. 215.963.5000 II. BASIS OF JURISDICTION (Place sn'x' in One Box Only) O t U.S. Government TI1 3 Federal Question Plaintiff (U.S. Government Not a Party) O 2 U.S. Government O 4 Diversity Defendant (Indicate Citizenship of Patties in Item III) CITIZENSHIP OF PRINCIPAL PARTIES(Place an °X" in one. B. for Plaintiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF Citizen of This State O 1 O 1 Incorporated or Principal Place O 4 04 of Business In This State Citizen of Another State O 2 O 2 Incorporated and Principal Place 0 5 O 5 of Business In Another State Citizen or Subject of a O 3 O 3 Foreign Nation 0 6 O 6 0 110 Insurance PERSONAL INJURY PERSONAL INJURY O 610 Agriculture O 120 Marine O 310 Airplane O 362 Personal Injury - O 620 Other Food & Drug O 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 0 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881 0 150 Recovery of Overpayment 0 320 Assault, Libel & Product Liability 0 630 Liquor Laws & Enforcement of]udgmen Slander 0 368 Asbestos Personal 0 640 R.R. & Truck 0 151 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs. 0 152 Recovery of Defaulted Liability Liability 0 660 Occupational Student Loans 0 340 Marine PERSONAL PROPERTY Safety/Health (Excl. Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 0 153 Recovery of Overpayment Liability 0 371 Truth in Lending of Veteran's Benefits 0 350 Motor Vehicle 0 380 Other Personal 0 710 Fair Labor Standards 0 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 190 Other Contract Product Liability 0 385 Property Damage X 720 Labor/Mgmt. Relations 0 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 Labor/MgmtReporting 0 196 Franchise Injury & Disclosure Act 0 740 Railway Labor Act 0 210 Land Condemnation 0 441 Voting 510 Motions to Vacate 0 790 Other Labor Litigation 0 220 Foreclosure 0 442 Employment Sentence 0 791 Empl. Ret. Inc. 0 230 Rent Lease & Ejectment 0 443 Housing/ Habeas Corpus: Security Act 0 240 Torts to Land Accommodations 530 General 0 245 Ton Product Liability 0 444 Welfare 535 Death Penalty 0 290 AI Other Real Property 0 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Applicati Employment 550 Civil Rights 0 463 Habeas Corpus - 0 446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee Other 0 465 Other immigration 0 440 Other Civil Rights Actions 422 Appeal 28 USC 158 O 400 State Reapportionment 423 Withdrawal O 410 Antitrust 28 USC 157 O 430 Banks and Banking 0 450 Commerce 0 460 Deportation 820 Copyrights 0 470 Racketeer Influenced and 830 Patent Corrupt Organizations 840 Trademark 0 480 Consumer Credit 0 490 Cable/Sat TV 0 810 Selective Service s 0 850 Sceurities/Commoditiest 861 HIA (139511) Exchange 862 Black Lung (923) 0 875 Customer Challenge 863 DIWC/DIWW (405(g)) 12 USC 3410 864 SSID Title XVI 0 890 Other Statutory Actions 865 RSI 40 0 991 Agricultural Acts 1 111 0 892 Economic Stabilization Act 870 Taxes (U.S. Plaintiff 0 893 Environmental Matters or Defendant) 0 894 Energy Allocation Act 871 IRS-Third Party 0 895 Freedom of Information 26 USC 7609 Act 0 900Appeal of Fee Determination Under Equal Access to Justice 0 950 Constitutionality of State Statutes V. ORIGIN (Place an "X" in One Box Only) Appeal to District 0 1 Original ® 2 Removed from Q 3 Remanded from ] 4 Reinstated or O 5 Transferred from 0 6 Multidistnct 0 7 Judge from Proceeding State Court Appellate Court Reopened another district Litigation Magistrate fsmify) Judgment Cite lhe U Civil Statute ch yougreHCtf ' ?(?? >; t ?' N oral tats?y Rn 1 diversity): li-aDor-1t?Aanagement enafciohA K-MKA g, sec?lon ltSO e"?seq. VI. CAUSE OF ACTION grief descri lion of cause: Claim udder Section 301 of the LMKA for an alleged violation of a collective bargaining agreement VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: 0 Yes i2l No VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DOCKET NUMBER .2. v OF RECEIPT 0 AMOUNT APPLYING IFP JUDGE MAG. JUDGE CERTIFICATE OF SERVICE I, W. John Lee, hereby certify that a true and correct copy of the foregoing Notice of Filing of Notice of Removal was served via first class U.S. Mail, postage prepaid, on October 2, 2009, on the following: William C. Bullock 1355 South Rive Road Halifax, PA 17032 Pro Se Plaintiff vnt? "_1 W. Jo n Lee RI. G ar r } r: r Czaaa CF THE 2009 OCT -2 PM 3: 01