HomeMy WebLinkAbout10-7275AMES TRUE TEMPER, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. ~ b-~ a~ S
JAMES R. SNIDER
CIVIL TERM
•' ,~,
NOTICE TO DEFEND ~ ~
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To: James R. Snider ~ - '~'
P.O. Box 148 -` ~, .~~ ' `r; ~ ~'`='
Little Hocking, OH 45742 ~ ~~' ~~~
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You have been sued in court. If you wish to defend against the claims set fCt;1n tPz~ ~:.
,~.
following pages, you must take action within twenty (20) days after this complaint anti,~nofic~e a~„
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 maybe entered against you by the
court without further notice of 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
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SLI 1034723v 1 /067855.00002
AMES TRUE TEMPER, INC.
v.
JAMES R. SNIDER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO
CIVIL TERM
COMPLAINT
AND NOW comes Plaintiff, Ames True Temper Inc., and makes the following complaint
against James R. Snider, stating in support thereof as follows:
Parties
1. Plaintiff is Ames Tue Temper, Inc., a Delaware corporation with a principal
place of business at 465 Railroad Ave., Camp Hill, Pennsylvania 17011.
2. Defendant is James R. Snider, an adult individual residing in Little Hocking,
Ohio, and having a post office box of P.O. Box 148, Little Hocking, Ohio 45742.
Jurisdiction and Venue
3. Venue is appropriate in this Court inasmuch Plaintiff has been damaged in
Cumberland County as a result of Defendant's actions and inaction as set forth below.
Background
4. On or about September 10, 2009, Defendant Snider was offered employment
with Plaintiff as a maintenance and facilities manager for a manufacturing facility Plaintiff
maintains in Lewistown, Pennsylvania.
5. On or about September 11, 2009, Defendant Snider accepted Plaintiff s offer of
employment by countersigning the same and returning it to Plaintiff. A true and correct copy of
this countersigned offer letter, together with the accompanying relocation policy is attached
hereto and made a part hereof as Exhibit "A".
2
S Ll 1034723v 1 /067855.00002
6. The executed offer letter constitutes a binding contract between Plaintiff and
Defendant.
7. Located directly above the countersignature line in the employment offer is the
following language:
In consideration of the Ames True Temper ("ATT")
providing me with alump-sum payments to cover the cost
of my relocation, I agree to repay the total amount if I fail
to relocate or resign due to circumstances within my
control within 12 months of the date assigned to transferred
facility, or the date I received the lump-sum payment,
whichever is later.
8. Defendant Snider both failed to relocate to Lewistown, Pennsylvania from Ohio
and resigned his employment within twelve (12) months for reasons within his own control.
9. Defendant Snider resigned his employment on or about August 12, 2010. A
true and correct copy of Defendant Spider's resignation letter is attached hereto and made a part
hereof as Exhibit "B".
10. Although Defendant Snider was paid $26,750.00 in relocation benefits by
Plaintiff from its Camp Hill headquarters, as indicated, Defendant Snider never relocated to
Lewistown, Pennsylvania from Ohio.
11. Defendant Snider was reminded of his obligation to reimburse Plaintiff for
these relocation expenses by correspondence of September 27, 2010. A true and correct copy of
this correspondence is attached hereto and made a part hereof as Exhibit "C".
12. Defendant Snider has never responded to this correspondence.
13. Additionally, Defendant Snider was overcompensated during his employment,
in that he was inadvertently paid during an interval of requested unpaid leave.
3
S L 1 1034723v 1 /067855.00002
14. Defendant Snider was informed of his obligation to reimburse Plaintiff for these
overpayments by correspondence of September 7, 2010. A true and correct copy of this
correspondence is attached hereto and made a part hereof as Exhibit "D".
15. Defendant Snider has never responded to this correspondence.
16. Defendant Snider is in material breach of the terms of his employment
agreement as a result of his failure and refusal to reimburse Plaintiff for relocation benefits
which he was paid unnecessarily.
17. Defendant Snider has been unjustly enriched as a result of his retention, failure,
and refusal to reimburse Plaintiff for both relocation benefits and overcompensation he received,
such that it would be unjust and improper to allow Defendant Snider to retain these relocation
benefits and this excess compensation.
18. As a direct result of Defendant Snider's actions and inactions, Plaintiff Ames
True Temper, Inc. has been damaged in an amount of at least $30,139.43.
WHEREFORE, Plaintiff Ames True Temper, Inc. respectfully demands judgment
in its favor and against Defendant James R Snider in an amount of $30,139.43, together with
costs and such other and further relief as this court deems appropriate.
Respectfully submitted,
Dated: November ~, 2010
SLI ]034723v1/067855.00002
STEVENS & LEE, P
Mark D. Bradshav~'Esquire
Attorney I.D. No. 61975
17 North Second Street, 16th Floor
Harrisburg, PA 17101
(717) 255-7357
(717) 234-1099 (facsimile)
mdb@stevenslee.com
Counsel for Plaintiff
4
n
VERIFICATION
i
Ames True Temper,l'nc, v. James R Sr~irler
I, Christopher Ebling, Vice President, Human Relations, Ames True Temper, Inc.,
verify as in the within action; that the attached Complaint is based upon the facts of which I have
i
personal knowledge or information furnished to me by counsel; that the language of the
document is that of counsel and not my own; and that the facts set forth in the foregoing
document are true and correct to the best of my knowledge, information and belief. I understand
that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unswom falsification to authorities.
Dated: November ,~ZO10
i i/15/1Q/sL1 1Q34723v1/067855.00002
5
Exhibit A
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~~~~~~
12 IndtahiN Puk Road
L~tawn, PA 17044
(7t7) 247-2284
September 10, 2009
James R. Snider
P.O. Box 148
Little Hocking, OH 45742
Dear Jirn,
It is with great pleasure that I confirm our offer of employment to you, contingent upon
you satisfactorily completing a drug test. Written acceptance of this offer must be
received by September 14, 2009.
Position: Maintenance and Facilities Manager
Start Date: September 28, 2009
Salary; $2884.62/biweekly (ann4al rate of $75,000,12)
Bonus: 596 target opportunity; 1096 rnaxlmum opportunity based upon
company's flnanclal results and your earnings during the period
from your start date through 9/30/09.
Relocation: Please see the attached relocation policy.
Vacation: 3 vacation days during the period of 09/28/09 through 12/31/09
15 vacation days during the period of 01/01/10 through 12/31/10
Other Benefits: Subject to applicable welting periods and required contributions
as outNned In plan documents. Health, dermal, and vision
insurance eligibility begins on your hire date.
I
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488. iLilroad AvonN . C>1mp Htg, P.A 17011 • i-800-38~8.184is • Fi~c i-B00.587•i804 • www.arm~ni~npK.com
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Amen True T ~
y . emper, Iac.
Ivlr. Jinn Snider .I
Septetnbtr 10, 2009
i
Jim, I look forward to you Joining our team and becoming a strong contributor to Ames !
' True Temper's success. ff you have any questions please don't hesitate to call me at j
(717) 247-2264 ext. 125. '
Sincerely,
~ ~~
i
Machete V. McCardle, SAHR
Human Resources Manager '. ',
i
Ames True Temper
i 12 industrial Park'Road
Lewistown, PA 17044 ~ i
717.247.2264 x125 ~
Shelly.McCardle~AmesTrueTemper.com
.~
I understand and accept the conditions ofthis employment offer and agree to be bound
by its conditions.
In consideration of Ames True Tem er "ATT"
p ( ) providing ma with Lump-sum payments
to cover the costs of my relocation, I agree to repay the total amount if 1 fail to relocate
or resign due to circumstances v+Athin my control within 12 months of the date assigned
to the transferred facility, or the date I received the lump sum payment, whichever is
later.
thereby authorize ATT to apply my final salary payment and any other amounts owed to
me by ATT against this indebtedness, by deducting this indebtedness from such
paymerrts by ATT, and agree that I will repay the remaining balance, If any, within 10
f i' ~
ea -
z'd L4SE-Z~S-6I6 0'I~ dSfl P~QOq~~ri WFi9E~Di 60DZ TI day
AMES TRUE TEMPER
Department: Human Resources
Policy: AP046
Group: Ali
Issue Date: 04/01/2009
Supersedes: 08/22/06
SUBJECT: RELOCATION
I. Policy Statement
On a case by case basis, Ames True Temper will offer financial assistance for the relocation of newly hired and
transferring salaried staff to locations elsewhere in the United States. Alump-sum payment will be issued to
assist the relocating employee with expenses incurred as a result of the relocation of staff for distances that
exceed fifty miles from his/her current place of residence and assigned work location. Under the general
provisions of this policy, a written relocation and repayment agreement for relocations will be entered into with
the new hire or employee. The provisions of this policy will apply only to assignments and relocations that are
planned to exceed 12 months.
II. Eligibility
All Ames True Temper Salaried and Hourly employees, and applicants for employment.
III. Policy Provisions
A. To assist the employee in meeting his/her tax obligatlons due to the relocation, the Company will add to the
employee's gross earnings the lump sum relocation assistance, which is subject to taxation. The lump sum
relocation will be grossed up to cover the required w(thholding of taxes in the year paid.
B. The payment schedule will be defined during the relocation process.
C. The lump-sum payment is intended to cover the following Relocation Expenses:
1. Sale of former primary residence (ie. closing costs),
2. Purchase of new primary residence,
3. Per diem and lodging,
4. Transportation for employee/dependents,
5. Transportation of household goods,
6. Miscellaneous expenses.
IV. Relocation Lump Sum Grid
A. The Human Resources Manager will work with the Hiring Manager or Vice President to determine which level
of payment the relocating employee will receive.
B. Following is the grid for relocating emplovees who RENT their orimarv residence: ~+~
Tecbnidan or Spedalist
non-exam Rrofessionai
exam Manager, Director or Executive
Lum Sum Amount 1500 500 15 000
C. Following is the grid for relocating employees who OWN their primary residence:
Technidan or Specialist
non-exetn Professional
exert Manager, Director or Executive
Lum Sum Amount 3000. 30% of annual sale 40% of annual Sala
(Percentages are determined to cover a normal relocation including temporary housing, settlements, and moving
of belongings)
Last Rev{sad 11/8/2010 Page 1 or2
AMES TRUE TEMPER Department: Human Resources
Policy: AP046
Group: All
Issue Date: 04/01/2009
Suioersedea: 08/22/06
SUBJECT: RELOCATION
V. Repayment Provision
In the event the employee elects to resign due to circumstances within his/her control within 12 months of the
date he/she relocated, or when the employee received the lump sum payment, whichever is later, the employee
agrees to and will be subject to repayment of the relocation lump sum payment.
VI. Tax Considerations
Relocation amounts are grossed up based on a relocating employee's current valid W-4. It is recommended that
employees rev~w their tax status regularly and submit a revised W-4 at any time to change their withholding
status. It is the employee's responsibility to retain all applicable documentation for their taxes. The Company is
not responsible if any employee's tax is under- or over- withheld as a result of relocation reimbursements.
VII. Administration
The Company reserves the right to modify, revoke, suspend, terminate, or change this policy in whole or in part,
at any time, with or w(thout notice to employees except as required by applicable statutory law.
Exceptions to this policy are subject to the approval of the Vice President of Human Resources.
Last Revised i 1!al2010 Page 2 of 2
Exhibit B
August 12, 2010
To: Larry Walker
This is to inform you that I am resigning my position with Ames True Temper effective immediately,
Family issues with both Lexi and her Mom have made it necessary for me to make this decision.
Thank you for the opportunity to be a member of the team. I wish you success in your endeavors.
Items turned in:
M&T Bank P-Card (2 halves)
laptop computer
Access Badge
Keys
USB Drive with SCADA Phase III files
Cell Phone and charger
~~ ~ 11
Exhibit C
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Innovative Landscape Proalucta Since 1774
September 27, 2010
James Snider
P.O. Box 148
Little Hocking, OH 45742
RE: Ames True Temper, Inc.
Relocation Policy
Dear James,
I hope this letter finds you well. Unfortunately, I need to resolve a matter that was not addressed
when you submitted your resignation from employment with Ames True Temper or received your .
final paycheck.
Accordin to our r c r
g e o ds, you agreed upon acceptance of your employment offer with Ames True
Temper that you would repay any and all lump-sum amounts that were given to you to relocate if
you failed to relocate or resigned within 12 months of receipt of payments.
According to our payroll records, you received $26,750.00 in order to relocate to the Lewistown, PA
area.
A check in the amount of $26,750.00 payable to Ames True Temper, Inc. should be sent to my
attention at the address noted below.
Should you have any questions regarding this request, please do not hesitate to contact me.
Sincerely,
Cynthia LeClair
Manager, Human Resources
717-730-2513
Mailed via REGULAR Mail
cc: Personnel File Page i of i
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Exhibit D
~~~~
fnnowtfve l.andsoape f~roducta 8MCe 7771
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
September 7, 2010
James Snider
P.O. Box 148
Little Hocking, OH 45742
Re: Reimbursement of Wages and Excess Paid Time Off
Dear Jim,
This letter is to address and amicably resolve a matter that unfortunately was not addressed when you
submitted your resignation from employment or at the time your final paycheck was issued.
According to our records, you requested an unpaid Family Medical Leave of Absence begitming August
2, 2010 due to your wife's serious health condition. As of this date, medical documentation for that
leave has not been received.
Wages for the week of August 2 - 6, 2010 (40 hours) were paid in full for the first week of your
requested unpaid leave. These wages, along with Paid Time Off (FTO) paid in excess of your accrued
balance (54 hours), must be reimbursed to Ames True Temper. I have enclosed a summary of the PTO
calculation for your records and review.
Please send a check in the amount of $3,389.43 (94 hours x hourly rate $36.0578) payable to Ames True
Temper, Inc. to my attention at the address noted below within two weeks from the date of this letter.
I regret the delay in addressing this matter. However, I hope we can resolve the matter in a timely
manner. Should you have any questions regarding this request, please do not hesitate to contact me.
Sincerely,
Isabella M. Alexander
Manager, Retirement Planning
Ext. 2508
465 Railroad Avenue Camo Hill. PA 17011 800.833.3068
AMES TRUE TEMPER Department: Human Resources
Policy: SP009
Group: Salaried
Issue Date: 07/01/2010
Supersedes: 08/01 /2009
SUBJECT: VACATION TIME
I. Policy Statement
Ames True Temper recognizes the need to provide employees with paid time away from the work environment
for rest and relaxation or to care for a family member or loved one. The Company encourages employees to
make regular use of their floating holidays and vacation time during the year in which it is earned. Our paid time
off bank consists of accrued vacation time and floating holidays.
II. Eligibility
All full time active Ames True Temper full time Salaried employees.
III. Accrued Vacation Time
The number of weeks to which salaried employees are entitled is based on:
A. The number of years of full-time employment outside of Ames True Temper (see section IV, subsection F
of this policy);
B. The number of years of service with Ames True Temper;
C. Vacation in the year of hire shall be prorated based upon total amount of vacation entitled to receive and
the amount of days to be worked in the year.
D. The vacation schedule is as follows:
SC~IEDULE
Job Year of 6 months 1 year 5 years
~ategorv it ** < 1 year < 5 years < 1 rs +
All Salaried Pro-rata of
total amount
entitled 1 week 2 weeks 3 weeks 4 weeks
IV. Accrued Vacation Time Provisions:
A. Vacation year follows a calendar year starting January 1-December 31.
B. Vacation accrual is on a current year basis and shall be accrued at a rate of 1/365 of the total earned.
C. Vacation pay will be computed at the straight time rate in effect at the commencement of the vacation.
Time used for vacation scheduled in advance is to be counted as time worked for the purpose of
calculating overtime pay.
D. Vacation shall not be accumulated or carried over from year to year.
E. Cash payment will not be made in lieu of vacation time.
F. Salaried employees will receive one (1) year of vacation service credit for every two (2) full years of full-
time work outside of Ames True Temper to a maximum of five (5) years of credited vacation service.
Full-time work history will include all prior full-time work experience and military service. It will not
include time spent in college, part time temporary agency employment, or any part-time employment. An
employee's additional credit of years of service for vacation time will carry forward in their years of
employment with Ames True Temper.
G. Unless terminated for cause, terminated employees will be paid for unused, accrued vacation days.
(Total hours of vacation eligibility for the year divided by 365 days in the year multiplied by the number
of days worked in the year minus all vacation hours used in the year to date.)
H. Upon voluntary termination of employment, if an employee has used more vacation than they have
accrued the excess amount used will be deducted from their final paycheck. If an employee provides less
Last Revised 11/8/2010 Page 1 of 3
AMES TRUE TEMPER Department: Human Resources
Policy: SP009
Group: Salaried
Issue Date: 07/01/2010
Supersedes: 08/01/2009
SUBJECT: VACATION TIME
than a two (2) week working notice, untaken accrued vacation will be used as payment in lieu of the two
week notice.
I. Per the Severance Policy, a vacation debt to the Company may be forgiven.
]. Employees who are terminated or resign and are rehired by the Company will receive credited service for
vacation eligibility as follows:
i. If the previous employment period was more than the period of absence and the employee was
not absent for over five years, the previous service (but not the period of absence) will be
counted for vacation eligibility.
2. No credit will be given for part time temporary employment.
3. The rehired employee shall accrue vacation in the first year on a pro-rated basis determined by
the number of days to be worked in the year of hire.
K. Vacation Reduction
1. Vacation will be reduced after inactive status periods greater than 13 weeks in a rolling 12-month
period. This includes occupational and non-occupational leaves of absence.
2. Employees who experience an extended period of absence in any 12 month period (with the
exception of FMIA) may be subject to reduction in theft vacation in the current or subsequent
calendar year.
Calendar onth~ off Work Vacation Lost
Less than 3 months No vacation lost
3 months but less than 6 months Lose 25°rb of vacation
6 months or more Lose 50% of vacation
3. Employees choose (in writing) the calendar year in which they wish to forfeit vacation.
4. The forfeiture must be taken fully in the current or subsequent calendar year and may not be
split between the two years.
L. Vacation Scheduling
1. Employees must obtain approval from their immediate supervisor prior to scheduling vacation. In
granting vacation time, supervisors will consider workload, absenteeism, and peaks of business
activity.
2. Vacation should not be scheduled in less than four (4) hour increments.
3. At plant locations, vacation may need to coincide with scheduled shutdowns. (This will be
determined by plant management and the needs of the fadiity during the shutdown period.)
M. Employees may take vacation at any time during the year in which additional vacation may be accrued.
They do not have to wait until the exact anniversary day.
N. Employees will not be permitted to schedule vacation after giving notice of termination.
0. Employees will not be permitted to accrue service by extending their termination date by their vacation.
The last day physically worked in the facility will be the employees termination date and the end of their
service with the company.
V. Administration:
A. Human Resources will be responsible for reporting vacation and floating holiday entitlement to
supervisors and employees at the beginning of each year.
B. Newly hired employees will receive an offer letter, which describes vacation and floating holiday
entitlement for the year in which they are hired. Supervisors will receive a copy of the offer letter before
the employee's first day of employment.
C. Supervisors, ar a designated person within the department appointed by the supervisor, will be
responsible for accurately recording the employees' vacation and floating holidays taken on payroll time
sheets (for non-exempt) and/or on monthly departmental reports for exempt employees. Human
Last Revised 11/8/2010 Page 2 of 3
___
AMES TRUE TEMPER Department:
Human Resources
Policy: SP009
Group: Salaried
Issue Date: 07/01/2010
Supersedes: 08/Ol/20~09
SUBJECT: VACATION TIME
Resources uses these two reporting vehicles as their means of accurately recording vacation taken versus
remaining days.
D. Employees are responsible for tracking their vacation and floatirig holidays taken and the number of days
that they have remaining during the year.
E. Employees are responsible for understanding the number of vacation days and floating holidays they are
entitled to.
F. Employees hired under an Executtve Contract shall be entitled to the vacation time as outlined by that
contract.
The Company reserves the right to modify, revoke, suspend, terminate, or change this policy in whole or in part,
at any time, with or without notice to employees except as required by applicable statutory law.
Exceptions to this policy are subject to the approval of the Vice President of Human Resources.
Last Revised 11/S/ZO10 Page 3 of 3
PTO Calculator for Terminations
to ee Name ' ' ~`<. .- ~'?~ ~~`~' 1st Day of Current Year 01/01/10
Emp y -; ~~ ,. # Days in this Year = 365
Term Date
PTO Bucket # Days Worked = 223
# Hours Allowed
# Hours Used
# Hours Allowed I # Day365 Year x # Day 223 rked = # Hours 98crued
160
# Hours Accrued - # Hours Used = # Hours 5 u00 °HouPs Owed To C mpanympany
gg 152 ~
S:\Human ResourceslTammy\PTO Calculator for Terms.xls
\ 9/3/2010
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046 c-
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER rn
MARTSON LAW OFFICES ar- N
10 East High Street r = -- `?
Carlisle PA 17013 -? --r_
(717) 243-3341
Attorneys for Defendant '
AMES TRUE TEMPER, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 10-7275 CIVIL TERM
JAMES R. SNIDER,
Defendant : JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS
AND NOW, comes the Defendant, James R. Snider, by and through his attorneys,
MARTSON LAW OFFICES, and hereby files the following Preliminary Objections to Plaintiff's
Complaint alleging improper venue and in support thereof avers the following:
1. Plaintiff filed its Complaint on November 19, 2010, in Cumberland County seeking
damages for Defendant's alleged breach of an employment contract which provided for relocation
expenses.
2. Defendant was served with the Complaint on or about December 4, 2010.
3. In its Complaint, Plaintiff alleges that venue is appropriate in Cumberland County
because Plaintiff has been damaged in Cumberland County as a result of Defendant's alleged breach
of contract.
4. Under Pa. R.C.P. No. 1006(a)(1), venue is appropriate in and only in a county in
which the individual may be served or in which the cause of action arose or where a transaction or
occurrence took place out of which the cause of action arose.
5. At the time Defendant was served with the Complaint, he was a resident of Ohio and
was served by certified mail in Ohio.
6. Plaintiff has failed to allege that the cause of action arose in Cumberland County.
7. Plaintiff has failed to allege that any transaction or occurrence out of which the cause
of action arose took place in Cumberland County.
The employment contract at issue relates to Defendant's store located in Lewistown,
Mifflin County, Pennsylvania.
9. The employment contract at issue in this matter required Defendant to relocate to the
Lewistown, Pennsylvania, area.
10. The employment contract at issue in this matter required Defendant to provide
services to Plaintiff's store in Lewistown, Mifflin County, Pennsylvania.
11. In short, every transaction or occurrence in this matter which gives rise to a potential
cause of action relates to Mifflin County.
12. No transaction or occurrence took place in Cumberland County, Pennsylvania.
WHEREFORE, Defendant respectfully requests that his Preliminary Objections be sustained
and that this action be transferred to Mifflin County, Pennsylvania.
MARTSON LAW OFFICES
By: a
Seth T. Mosebey, Esqu'
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: ) t / 2 /? 0 Attorneys for Defendant
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mark D. Bradshaw, Esquire
STEVENS & LEE, P.C.
17 North Second Street, 16th Floor
Harrisburg, PA 17101
MARTSON LAW OFFICES
By J _
M. Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: / 02/ /)
FAFILESTlients\14183 Snider\14183. Lpetition
OF TH'FE PROTHONOTARY
2011 JAN 21 PH 3: 53
Seth T. Mosebey, Esquire CUMBERLAND COUNTY
Attorney I.D. No. 203046 PENNSYLVANIA
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
AMES TRUE TEMPER, INC.,
Plaintiff/Respondent
V.
JAMES R. SNIDER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS (
CUMBERLAND COUNTY, PENNSYLV
: NO. 10-7275 CIVIL TERM
JURY TRIAL DEMANDED
PETITION TO TRANSFER VENUE
AND NOW, comes the Defendant, James R. Snider, by and through his at
MARTSON LAW OFFICES, and hereby files the following Petition to Transfer Venu$ and in
support there of avers as follows:
1. The Petitioner is James R. Snider, an adult individual residing at 401 Deerbropk Lane,
Belington, West Virginia.
2. The Respondent is Ames True Temper, Inc., a Delaware corporation with a Principal
place of business at 465 Railroad Avenue, Camp Hill, Pennsylvania.
3. On November 19, 2010, Respondent filed a Complaint against Petitioner in the Court
of Common Pleas of Cumberland County, Pennsylvania, at the above docket number.
4. On December 21, 2010, Petitioner filed Preliminary Objections alleging th#t venue
was improper in Cumberland County, Pennsylvania.
5. On January 10, 2010, counsel for Petitioner and Respondent entered into a Praecipe
to Transfer agreeing that venue is proper in Mifflin County, Pennsylvania. A true and correct copy
of the Praecipe to Transfer is attached hereto and incorporated as Exhibit "A."
6. Accordingly, Petitioner requests that this case be transferred to Mifflin County,
Pennsylvania, per the agreement of the parties as memorialized in the Praecipe to Transfer.
WHEREFORE, Petitioner James R. Snider requests that this Court transfer this case to
Mifflin County and have the Prothonotary of Cumberland County forward copies of the docket
entries, process, pleadings, and other papers filed in this action to the Prothonotary of Mifflin
County.
MARTSON LAW OFFICES
By: .3eA &4
Seth T. Mosebey, Esquire b1l
Attorney I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 1 / 1 / 1 Attorneys for Defendant
EXHIBIT "A"
AMES TRUE TEMPER, INC. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOCKET NO. 10-7275
JAMES R. SNIDER
CIVIL TERM
PRAECIPE TO TRANSFER
To the Prothonotary:
In order to resolve the Preliminary Objections filed by Defendant on or about
December 21, 2010, the parties hereby stipulate that the action can be transferred to the Court of
Common Pleas of Mifflin County, and hereby request that your office cause that action to be
taken.
Respectfully submitted,
STEVE?N?S & L , P.C.
Mark De-ff-adshaw, Esquire
Attorney I.D. No. 61975
17 North Second Street, 16th Floor
Harrisburg, PA 17101
(717) 255-7357
(717) 234-1099 (facsimile)
mdb@stevenslee.com
Counsel for Plaintff
Dated: Deeember 201+
SLi 1034723vl/067855.00002
MARTSON LAW OFFICES
9VII J"t &t4/
Seth T. Mosebey, Esqu
Attorney I.D. No. 2030 6
10 East High Street
Carlisle, PA 17013
(717) 243-3341
(717) 243-1850 (facsimile)
smosebey@martsonlaw.com
Counsel for Defendant
7
J•-,??
Dated: Docef- , 2010
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Petition to Transfer Venue was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Mark D. Bradshaw, Esquire
STEVENS & LEE, P.C.
17 North Second Street, 16`h Floor
Harrisburg, PA 17101
MARTSON LAW OFFICES
_
By / !c OA) 4 - P?
/Npft M. Price
n East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: /-0 //
AMES TRUE TEMPER, INC.,
Plaintiff
V.
JAMES R. SNIDER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-7275 CIVIL TERM
JURY TRIAL DEMANDED
ORDER
AND NOW, this 2 t' day of , 2011, upon consideration of the within
Petition to Transfer Venue, it is ORDERED that e Prothonotary of Cumberland County forward
certified copies of the docket entries, process, pleadings, and other papers filed in the above-
captioned action to the Prothonotary of Mifflin County.
By the Court,
J.
Distribution:
? Seth T. Mosebey, Esquire Mx (e'
60.1 Mark D. Bradshaw, Esquire O*ie5 L DYE
C-)
dt
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