The URL can be used to link to this page

Home My WebLink About09-8479F: F1 LES\Chenty 13430 Krampitz\13430.2\ 13430.2. complaint I Created: 9/20/04 0:06PM Revised: 11/9/09 4:37PM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CARL KRAMPITZ 197 Quittapahilla Drive Lebanon, PA 17042, Plaintiff V. MICHAEL HARTLE t/d/b/a AIR CRAFT MANAGEMENT SERVICES Capital City Airport KCXY 228 Airport Road, Hangar 7 New Cumberland, PA 17070, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. L/79 CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW?OF CES By__?J [C-- -., Daniel K. Deardorff, Esquire Date: a,NM Attorneys for Plaintiff Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CARL KRAMPITZ 197 Quittapahilla Drive Lebanon, PA 17042, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL HARTLE t/d/b/a AIR CRAFT MANAGEMENT SERVICES Capital City Airport KCXY 228 Airport Road, Hangar 7 New Cumberland, PA 17070, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Carl Krampitz is an adult individual residing at 197 Quittapahilla Drive Lebanon, PA 17042-3148. 2. Defendant Michael Hartle is an adult individual residing at 295 Tanger Road, Boiling Springs, PA 17007-9551. 3. Defendant is the sole proprietor of Air Craft Management Services which is located at Capital City Airport KCXY, 228 Airport Road, Hangar 7, New Cumberland, PA 17070. 4. Plaintiff was hired as an at-will employee by Defendant in August 2007. 5. Plaintiff continued to work as an at-will employee for the until June 1, 2009, when he was terminated from his employment by Defendant. 6. Defendant's termination of Plaintiff was in violation of the Public Policy of the Commonwealth of Pennsylvania. 7. On April 8, 2009, before his termination, Plaintiff had injured his left knee and reported the injury to the Defendant. 8. A few days later, Plaintiff filed a Workers' Compensation Claim Petition under the Pennsylvania Workers' Compensation Law and the petition was assigned to a Workers' Compensation Judge on April 30, 2009. 9. On May 6, 2009, Plaintiff had surgery to his left knee to correct a meniscus tear. 10. Plaintiff inquired as to light duty from the Defendant and was advised in a May 13, 2009, letter, which is attached hereto as Exhibit "A," that the Defendant was "unable to accommodate a return to work on light duty as no suitable work is available. In light of your recent surgery, we will require a doctor's note certifying to return to full duty before your return. We wish you a continued recovery." 11. Plaintiff received a note from his doctor to return to work full duty as of May 26, 2009. 12. On June 1, 2009, Plaintiff returned to work but was terminated by the Defendant. 13. The Plaintiff, by filing a workers' compensation claim, engaged in a protected activity. 14. The Defendant was aware of the Plaintiffs protected activity in filing a workers' compensation claim. 15. Because of his filing a workers' compensation claim, it is averred that Defendant retaliated against Plaintiff and terminated him as of June 1, 2009. 16. Plaintiff was earning $600.00 per week at the time he was terminated. 17. Plaintiff has been unable to find gainful employment. 18. As a result of his termination by Defendant because of exercising his workers' compensation rights under the Workers' Compensation Act of Pennsylvania, Plaintiff has suffered damages of lost wages of $600.00 per week, and emotional distress. 19. Because the Defendant was aware of Plaintiffs right to pursue his workers' compensation claim, Defendant has acted intentionally and outrageously, such that Plaintiff is entitled to punitive damages and attorney's fees. WHEREFORE, Plaintiff demands judgment against Defendant in excess of $50,000.00, which is beyond the limit for arbitration. Respectfully Submitted, MARTSON LAW OFFICES By 0"v v _ Daniel K. Deardorff, Esquire t/U 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ANOq Attorneys for Defendant AIRCRAFT MANAGEMENT SERVICES Que&y and Coxmi'mce On ZIme and On dudjeL Airframes Engines Avionics Propellers Insurance Rq*k AiT=ft Management Pick up dt Delivery www.GoAMSon nexorn Capital City Airport KCXY 228 Airport Road, Hag? New Cumbaland, PA 17070 Phone-717-712-0901 Fax: 717-712-0902 May 13, 2009 Carl Krampitz 2009 Walnut Street Lebanon, PA 17042 Dear Carl, We are in receipt of the consultation report you left in this office this morning. It states that you are unable to return to work at this time and a follow up visit is not scWuled with this orthopedic specialist until June 10, 2009. This letter is to, serve as reminder that we are unable to accommodate a return to work on light duty as no suitable work is available. In light of your recent surgery, we will require a doctor's note certifying to return to full duty before your return. We wish you a continued recovery. Sincerely, 'cline artle Ptmident EXHIBIT' "A" VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal pena FAFTLESTlimts\ 13430 KrunpitzN 13430.2\ 13430.2.complaint 1 ALED-OFICE 6) OF THE Pf iHGNOTARY 2009 DEC -8 °M 12. 56 CUM I?., 0-1UNiY PEiNNSYLVAINIA, 9a -od ,v d , 4 '?* ,23y ?/S F:`.FILES`Clients`.13430 Krampitz`~13430.2\13430.2.pra1 "' Created. 920/04 0:06PM Revised: Y10-10 4:09PM r>r{~;/ 1 Fll~i ~'tJ 1l''Si'1 T Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 2010 MAY 12 A3~ 10~ ! 9 'z..S' ~`~..~'il.,xlt.a'LJ 'vi~U~ ~~tr~snva~v~ CARL KRAMPITZ, v. MICHAEL HARTLE t/d/b/a AIR CRAFT MANAGEMENT SERVICES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2009-8479 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended with prejudice. Respectfully Submitted, MARTSON LAW OFFICES By (~ Daniel K. Deardorff, Esq i 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: May 10, 2010 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mark J. Leavy, Esquire COHEN SEGLIAS PALLAS GREENHALL & FURMAN, PC United Plaza, 19`h Floor 30 South 17th Street Philadelphia, PA 19103 MARTSON LAW OFFICES By , Ami J. Thu a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 10, 2010