HomeMy WebLinkAbout11-4175COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of Cumberland
FROM
I I MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
MAG. DIST. NO. NAME OF MDJ
Shannon Reese 09-1-01 Charles A. Clement, Jr.
ADDRESS, OF APPELUANT
121 South 31 st Street
Camp Hill
PA
17011
L9W;i4-;- ur (marntmm (Defendant)'
n Reese VS Security Savings Systems, Inc.
CV-0000147-2011
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
NOTICE OF APPEAL
P-j (fh
?yl I,Cr'- Sl
If appellant was Claimant (see Pa. R. C. P. D. J. No. 1001(6) in action
before a Magisterial District Judge, A COMPLAINT MUST BE FILED
within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of appellee(s)
(Common Pleas No.
appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To , appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was t tgMpf the mailing.
Date: 20 A AfllIJJJ LINVId3ewn
2 0 :01 WV Q- A VW { Jltd Signature of Prothonotary or Deputy
O lJ 7
YOU MUST INCLUDE A COPY OF THE'1? , JJG"IqN_ITJTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
ILI
AOPC 312-05
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-1-01
MDJ Name: Honorable Charles A.' Clement Jr.
Address: Olde Towne Commons
400 Bridge Street, Suite 3
New Cumberland, PA 17070
Telephone: 717-774-5989
Larry Andrew Weisberg, Esq.
McCarthy Weisberg Cummings PC
2041 Herr St
Harrisburg, PA 17103-1624
Disposition Summary
Notice of Judgment/Transcript Civil
Case
Shannon Reese
V.
Security Savings Systems, Inc.
Docket No: MJ-09101-CV-0000147-2011
Case Filed: 3/22/2011
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09101-CV-0000147-2011 Shannon Reese Security Savings Systems, Inc. Judgment for Defendant 04/25/2011
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT.BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date ???111 p ° ??yM
Magisterial District Judge Charles A. Clement Jr.
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Charles A. Clement Jr.
MDJS 315
Page 1 of 1
Printed: 04/25/2011 12: 08: 37PM
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
C.vi 11 1? _6
CU3' cJEI L AI;? 1,t.Jitf'? k '?!
I'DENNSYiy AA !IA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SHANNON REESE
Plaintiff,
v.
SECURITY SAVINGS SYSTEMS, INC
NO. //"/
CIVIL ACTION - LAW
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
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, 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 REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar
accion dentro de los proximos veinte (20) dias despues de la notificacion de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar accion como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. Bedford Street
Carlisle, Pennsylvania 17013
( 717) 249-3166
2
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SHANNON REESE NO.
Plaintiff,
V.
CIVIL ACTION - LAW
SECURITY SAVINGS SYSTEMS, INC
Defendant
COMPLAINT
Plaintiff, Shannon Reese, by and through her counsel, McCarthy Weisberg
Cummings, P.C., hereby files the following Complaint asserting a claim for damages
against the Defendant set forth herein, as follows:
1. Plaintiff Shannon Reese ("Reese") is an adult individual residing at 121
South 31St Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant Security Savings Systems, Inc. ("Security") is a Pennsylvania
corporation with a primary business address of 901 Market Street, New
Cumberland, Cumberland County, Pennsylvania 17070.
3. Reese was hired to work for Security as Director of Information Services
on a full time basis on February 1, 2010, and was paid a salary of $79,000
3
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
annually, which equates to an hourly rate of $37.98 based upon a forty hour work
week.
4. Security agreed to provide Reese with 160 hours of Paid Time Off ("PTO")
per calendar year beginning with calendar year.,2010, notwithstanding company
policy which allowed for 144 hours of PTO in an employee's first year and 152
hours of PTO in an employee's second year.
5. According to Security's Annual Leave policy, which was updated on April
19, 2010, "Employees may carry up to 80 hours of PTO from one year to the
next." A copy of Security's Annual Leave policy is attached hereto as "Exhibit A".
6. According to Security's Annual Leave policy, "Employees separated from
the company through resignation or layoffs will be paid for remaining annual
leave over and above 80 hours. Employees terminated due to misconduct (fired)
will not be paid for any remaining annual leave."
7. In or about December 2010, Reese met with Security's management and
the parties mutually agreed that Reese would seek other employment, since
neither party wished to continue Reese's employment arrangement with Security
indefinitely. No date was set for Reese's departure, and the parties agreed that
Reese would assist the company in hiring a replacement for her and in arranging
for an orderly transition of her work to another employee.
4
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
8. In the meeting in or about December 2010, no date was set for Reese's
departure; rather the parties agreed that Reese would assist the company with
an orderly transition and advise Security when she had obtained alternate
employment.
9. At no time during the meeting in or about December 2010, or at any other
time in Reese's employment with Security, was Reese accused of any
misconduct or any violation of company policies.
10. During calendar year 2010, Reese used 80 of her 160 hours of earned
PTO.
11. As a full time employee of Security, Reese was entitled to carry over her
unused 80 hours of PTO from calendar year 2010 to calendar year 2011.
12. As of January 1, 2011, as a full time employee of Security, Reese was
entitled to an additional 160 hours of PTO for calendar year 2011.
13. Reese continued to work at Security until February 4, 2011.
14. In a meeting with Reese on February 4, 2011, Security's management
advised Reese that Security would be letting her go that day, and that it was
unfair to the company to continue to pay her since another employee was going
to be taking over her position any way.
15. In the meeting with Security's management on February 4, 2011, Reese
was not accused of any misconduct or any violation of company policies.
5
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
16. Reese was advised by Security that when she applied for unemployment
compensation benefits to advise that she was separated from the company due
to "lack of work."
17. Reese applied for and received unemployment compensation, without
contest from Security, and citing the reason for separation of "lack of work,"
which she was told to use by Security.
18. At the time of her separation from Security, Reese had accrued 80 hours
of carry over PTO from calendar year 2010, and 160 hours of PTO for calendar
year 2011.
19. According to Security's Annual Leave policy, Reese was to be paid for her
remaining annual leave in excess of 80 hours, which would have amounted to
160 hours, because she was not "terminated due to misconduct."
20. In accordance with the Pennsylvania Wage Payment and Collection Law,
"Whenever an employer separates an employe from the payroll, or whenever an
employe quits or resigns his employment, the wages or compensation earned
shall become due and payable not later than the next regular payday of his
employer on which such wages would otherwise be due and payable." 43 P.S. §
260.5.
21. The next regular payday of Security following Reese's separation was
February 18, 2011, at which time Reese should have been paid for 160 hours of
6
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
unused PTO, which compensation is treated as "wages" under the Pennsylvania
Wage Payment and Collection Law. 43 P.S. § 260.2a.
22. On February 18, 2011, Reese was only paid for 8 hours of PTO.
23. Despite requesting payment for the remaining 152 hours of PTO due to
her, Reese was denied payment of this amount by Security.
24. Accordingly, Security continues to owe Reese for 152 hours of PTO,
which at an hourly rate of $37.98, equates to $5,772.96.
25. In accordance with the Pennsylvania Wage Payment and Collection Law,
"Where wages remain unpaid for thirty days beyond the regularly scheduled
payday, ... and no good faith contest or dispute of any wage claim including the
good faith assertion of a right of set-off or counter-claim exists accounting for
such non-payment, the employe shall be entitled to claim, in addition, as
liquidated damages an amount equal to twenty-five percent (25%) of the total
amount of wages due, or five hundred dollars ($ 500), whichever is greater." 43
P. S. § 260.10.
26. Security has no good faith contest or dispute of Reese's claim, including
any good faith assertion of a right of set-off or counter-claim.
27. Reese's payment for unused PTO remained unpaid in excess of thirty
days beyond the regularly scheduled payday of February 18, 2011.
7
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
28. Reese is entitled to liquidated damages equal to twenty-five percent (25%)
of the total amount of wages due, equaling $1,443.24.
29. In accordance with the Pennsylvania Wage Payment and Collection Law,
"The court in any action brought under this section shall, in addition to any
judgment awarded to the plaintiff or plaintiffs, allow costs for reasonable
attorneys' fees of any nature to be paid by the defendant." 43 P.S. § 260.9a.
WHEREFORE, Plaintiff Shannon Reese demands judgment against
Defendant Security Savings System Inc. in the amount of $5,772.96 in wages, plus
liquidated damages in the amount of $1,443.24, plus attorneys fees, interest and
costs and such other relief as this Court deems just and proper.
Respectfully submitted,
Date
McCarthy Weisberg Cummings, P.C.
Larry A. Weisberg, Esq. (PA ID 83410)
Derrek W. Cummings, Esq. (PA ID 83286)
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
(717) 233-8133 (FAX)
Attorneys for Plaintiff
8
Security Savings Systems Inc.
Employee Manual Update - Annual Leave
Revision History
Date Summa of change
3.1.10 Revision Date of Employee Manual
4.19.10 Correction of Annual Leave
Notice
The following information replaces the Annual Leave policy under the Benefits section
of the Employee handbook. Keep this document with your employee manual.
Annual Leave
If you are an active full time employee you will earn annual leave during your first year
in the amount of 144 hours. Planned time off can be used after the first six months
of employment. After the first 90 days of employment, 40 hours of annual paid
time off (PTO) may be used for unplanned leave (e.g. illness).
After the first year, active full time employees earn vacation according to the following
schedule.
Year Hours
2 152
3 160
4 168
5 176
6 184
10 224
Employees may carry up to 80 hours of PTO from one year to the next. Additional
unused hours will be lost.
To schedule your paid time off, fill out and submit a Request for Time Off form to your
supervisor. Forms should be submitted as soon as possible prior to the desired days. All
requests must be approved by management. Scheduled days are posted in the conference
room.
Employees separated from the company through resignation or layoffs will be paid for
remaining annual leave over and above 80 hours. Employees terminated due to
misconduct (fired) will not be paid for any remaining annual leave.
F?N18? ? r,
I, Shannon Reese, verify that I am the Plaintiff in the foregoing Complaint, and
that the facts set forth therein are true and correct to the best of my knowledge,
information, and belief; and that this verification is subject to the penalties of 18 Pa.C.S.
§ 4904 relative to unsworn falsification to authorities.
Dated: ? ? , 20_iL annon Reese
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy
of the foregoing Complaint was served on the following:
Mark C. Duffie
Law Offices of Johnson Duffie
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(Attomey for Defendant)
Served by certified or registered mail, postage prepaid to the above address
/"by ?) ZA )) --
Date Larry A. Weisberg, Esq.
9
Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffie, Esquire ? ? CD
I. D. No. 75906 Attorneys for Defenda4#= --?
301 Market Street ?r C= rn
P. O. Box 109 ; r m
Lemoyne, Pennsylvania 17043-0109 '>
- Cn C:)°
717 761-4540 r
mcd@jdsw.com
SHANNON REESE, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. NO. 11-4175 Civil
SECURITY SAVINGS SYSTEMS, INC,
Defendant
NOTICE TO PLEAD
TO: Shannon Reese
c/o Larry A. Weisberg, Esquire
2041 Herr Street
Harrisburg, PA 17103-1624
CIVIL ACTION - LAW
AND NOW, this k- day of June, 2011, you are hereby notified to plead
responsively within twenty (20) days of the date of service hereof, or judgment may be
entered against you.
Johnson, Duffie, Stewart & Weidner
By
Mark C. Duffi
Attorney for Defendant
Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffie, Esquire
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for Defendant
SHANNON REESE, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. NO. 11-4175 Civil
SECURITY SAVINGS SYSTEMS, INC, : CIVIL ACTION - LAW
Defendant
ANSWER TO PLAINTIFF'S COMPLAINT
AND NEW MATTER
AND NOW, comes the Defendant, SECURITY SAVINGS SYSTEMS, INC., by
and through its counsel, Mark C. Duffie, and Johnson, Duffie, Stewart & Weidner, and
files the following Answer to Plaintiff's Complaint.
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part; denied in part. It is admitted that in or about December
2010, Reese met with Security's management. It is denied that the parties mutually
agreed that Reese would seek other employment. By way of further response, the
meeting was conducted as part of an annual review at which time Security informed
Reese that her job performance was substandard and unacceptable. Reese was
terminated but allowed to continue temporary employment until she found another
position. It is denied that the parties agreed that Reese would assist Security in hiring a
replacement for her and arranging for an orderly transition of the work to another
employee. At the time of the meeting in or about December 2010, Reese's replacement
had been identified and hired. Security permitted Reese to continue working until she
could find a position with another employer.
8. Admitted in part; denied in part. It is admitted that in the meeting in or
about December 2010, no date was set for Reese's departure. It is further admitted that
Reese would have advised Security when she obtained alternate employment. It is
denied in that the purpose of Reese's extended stay was not assisting Security with an
orderly transition or to facilitate the identification of a replacement for Reese who had
already been hired. Allowing Reese to continue working at Security was nothing other
than a courtesy extended to her until she could find other employment.
9. Denied. It is denied in that during the course of Reese's employment with
Security and during the meeting in or about December 2010, Security informed Reese
that her performance was substandard and unacceptable which is by definition
misconduct and in violation of company policy.
10. Admitted.
11. Admitted.
12. Denied. Reese was not entitled to an additional 160 hours of PTO in 2011
due to the fact that she was terminated in or about December 2010.
13. Admitted.
14. Admitted in part; denied in part. It is admitted that Security's management
and Reese had a meeting on February 4, 2011. The remaining averments in Paragraph
14 are denied as stated. By way of further response, Security terminated Reese's
temporary employment on February 4, 2011 for further misconduct in 2011 in the form
of failure to perform her job duties in addition to repeated mistakes made by Reese.
15. Admitted in part, denied in part. It is admitted that on February 4, 2011,
Security's management had a meeting with Reese. It is denied in that Reese was
accused of misconduct and violation in company policies.
16. Admitted.
17. Admitted.
18. Denied. At the time of her separation from Security, Reese had accrued 0
hours of PTO due to the fact that Reese was fired.
19. Denied. According to Security's annual leave policy, Reese was not to be
paid for any remaining annual leave due to the fact that Reese was terminated due to
misconduct or fired.
20. The averments contained in Paragraph 20 are conclusions of law to which
no response is required. If a response is deemed to be required, the averments
contained therein are specifically denied.
21. Admitted in part; denied in part. It is admitted that the next regular payday
of Security following the date of Reese's termination was February 18, 2011. It is
further admitted that had this compensation or "wages" as defined under the
Pennsylvania Wage Payment Collection Law been earned, they would have been
payable. It is denied in that the termination of the relationship between Reese and
Security was not a "separation" but rather a termination or a firing. It is further denied
that Reese should have been paid for any remaining annual leave as she was
terminated due to misconduct or fired.
22. Admitted.
23. Denied. Reese never requested payment for the remaining 152 hours of
PTO and therefore was not denied payment. It is specifically denied that Reese is
entitled to any payment. Reese has had no contact with Security since February 4,
2011.
24. Denied. It is specifically denied that Security continues to owe Reese for
152 hours of PTO or any accumulated annual leave (PTO).
25. Denied. The averments contained in Paragraph 25 are conclusions of law
to which no response is required. If a response is deemed to be required, the
averments contained therein are specifically denied.
26. Denied. The averments contained in Paragraph 26 are conclusions of law
and fact to which no response is required. If a response is deemed to be required, the
averments contained therein are specifically denied.
27. Denied. Reese is not entitled to payment for unused PTO and therefore
the averments set forth in Paragraph 27 are specifically denied.
28. Denied. The averments contained in Paragraph 28 are conclusions of law
and fact to which no response is required. If a response is deemed to be required, the
averments contained therein are specifically denied.
29. Denied. The averments contained in Paragraph 29 are conclusions of law
and fact to which no response is required. If a response is deemed to be required, the
averments contained therein are specifically denied.
WHEREFORE, the Defendant, Security Savings Systems, Inc., respectfully
requests that Judgment be entered in its favor and that Plaintiffs Complaint be
dismissed with prejudice.
NEW MATTER
30. Reese was terminated due to misconduct (fired) and will not be paid for
any remaining annual leave as misconduct is defined as "behavior not in conformity with
prevailing standards, bad management, especially by persons entrusted or engaged to
act on behalf of another." Reese's substandard performance which includes, but is not
limited to, the following:
A. Reese had an inability to manage and/or work with other
employees. Reese did not possess the skills or experience to handle a position
that she otherwise represented herself as capable of handling. Security had to
hire temporary employees to cover simple assignments that Reese had failed to
complete.
B. Reese cost the company in excess of $45,000.00 due to a mistake
made by her and for which she was responsible. Reese was unable to complete
projects in a timely manner which strained relationships that Security had with
well established and long-standing clients.
31. Pursuant to the employee manual and company policy, employees who
choose to resign their employment must notify the manager, in writing, two weeks in
advance. Failure to give notice as required will result in forfeiture of unused paid
vacation time (PTO). Therefore, Reese, pursuant to the employee manual and
company policy, is not entitled to unused paid vacation time (PTO).
32. The threshold standard for entitlement to unemployment compensation
benefits ("willful misconduct") are completely different than the threshold or definition set
forth in the annual leave policy of Security ("misconduct"). Therefore, any reference to
an uncontested unemployment compensation matter is irrelevant to the core issue
raised by the Plaintiff.
WHEREFORE, the Defendant, Security Savings Systems, Inc., respectfully
requests that judgment be entered in its favor and that Plaintiff's Complaint be
dismissed with prejudice.
Respectfully submitted,
Dated: June I G , 2011
JOHNSON, DUFFIE,
By
Mark C. Duffie
Attorney I.D. #761
ART & WEIDNER
:445348
CERTIFICATE OF SERVICE
AND NOW, this IL' day of June, 2011, the undersigned does hereby certify
that on this date a true and correct copy of the foregoing Answer with New Matter was
served on the following:
Larry A. Weisberg, Esquire
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
Mark C. Duffie
Larry A. Weisberg, Esq. (PAID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SHANNON REESE
V.
Plaintiff,
SECURITY SAVINGS SYSTEMS, INC
Defendant
NO. 11-4175 Civil
CIVIL ACTION - LAW
ANSWER TO NEW MATTER
-
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7
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Plaintiff, Shannon Reese, by and through her counsel, McCarthy Weisberg
Cummings, P.C., hereby files the following Answer to New Matter, as follows:
30. Denied. It is denied that Reese was terminated due to misconduct (fired),
and that Reese is not due to be paid any remaining annual leave. The averments of
sub-paragraphs 30. A. and 30. B. are specifically denied.
31. Admitted in part and denied in part. It is admitted that the employee
manual makes reference to two weeks notice in advance of resignation. To that
end, the employee manual is a document which speaks for itself. It is denied that
Reese resigned her employment. Additionally, even if it is determined that Reese
Larry A. Weisberg, Esq. (PAID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
did resign her employment, it is averred that Reese gave proper notice to the
company to retain payment of her PTO. Reese and the company did not set a
specific date for Reese's separation from the company, and according to the
employee manual, the company may terminate employment prior to the end of the
notice period, with proper compensation, including unused paid time off.
32. Denied. The averments contained in Paragraph 32 are conclusions of law
to which no response is required. If a response is deemed to be required, the
averments contained therein are specifically denied. By way of further response, to
the extent Defendant claims Plaintiff was terminated due to "misconduct," as
opposed to "willful misconduct," Defendant could have directed Plaintiff to report, for
the purposes of unemployment compensation, that she was terminated for
"misconduct," and Plaintiff would still have been eligible to receive unemployment
compensation. In fact, Defendant advised Plaintiff to report that she was terminated
due to "lack of work" rather than "misconduct," even though both reasons would
have allowed Plaintiff to receive unemployment compensation.
2
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
WHEREFORE, Plaintiff Shannon Reese demands judgment against
Defendant Security Savings System Inc. in the amount of $5,772.96 in wages, plus
liquidated damages in the amount of $1,443.24, plus attorneys fees, interest and
costs and such other relief as this Court deems just and proper.
Respectfully submitted,
r
Date
McCarthy Weisberg Cummings, P.C.
Larry A. Weisberg, Esq. (PA ID 83410)
Derrek W. Cummings, Esq. (PA ID 83286)
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
(717) 233-8133 (FAX)
Attorneys for Plaintiff
3
I, Shannon Reese, verify that I am the Plaintiff in the foregoing Answer to New
Matter, and that the facts set forth therein are true and correct to the best of my
knowledge, information, and belief, and that this verification is subject to the penalties of
18 Pa.C.S. § 4904 relative to unsworn falsification to authorities.
Dated: 20 ( ?
ihan?non Reese
Larry A. Weisberg, Esq. (PAID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy
of the foregoing Answer to New Matter was served on the following:
Mark C. Duffie
Law Offices of Johnson Duffie
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(Attorney for Defendant)
Served by certified or registered mail, postage prepaid to the above address
Date
Larry A. Weisberg, Esq.
4
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
t r-' e'i .. r? •^ -
t 6 1 i
n"T
6? rSi.ti
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SHANNON REESE
Plaintiff,
V.
SECURITY SAVINGS SYSTEMS, INC
Defendant
NO. 11-4175 Civil
CIVIL ACTION - LAW
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
AND NOW, Plaintiff, Shannon Reese, by and through her counsel, McCarthy
Weisberg Cummings, P.C., hereby moves for summary judgment, and in support
thereof avers as follows:
I. PROCEDURAL BACKGROUND
1. Plaintiff Shannon Reese (hereinafter "Reese" or "Plaintiff") commenced
this action with the filing of a civil complaint on May 6, 2011.
2. Named as Defendant in the complaint was Security Savings Systems, Inc.
(hereinafter "Security" or "Defendant")
r I
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
3. Plaintiffs claims, arising under the Pennsylvania Wage Payment and
Collection Law, 43 P.S. § 260.1 et seq., are for payment Plaintiff claims she is entitled to
for unused Paid Time Off ("PTO") following her separation from employment with
Defendant.
4. Plaintiff's Complaint sets forth a single cause of action against Defendant
seeking $5,772.96 in wages, plus liquidated damages in the amount of $1,443.24, plus
attorneys' fees, interest and costs.
5. Defendant filed an Answer to Plaintiffs Complaint and New Matter on
June 16, 2011.
6. Plaintiff filed an Answer to New Matter on June 27, 2011.
II. FACTS NOT IN DISPUTE
7. Reese was hired to work for Security as Director of Information Services
on a full time basis on February 1, 2010, and was paid a salary of $79,000 annually,
which equates to an hourly rate of $37.98 based upon a 40 hour work week.
(Complaint ¶ 3, Answer 13)
8. Security agreed to provide Reese with 160 hours of PTO per calendar
year beginning with calendar year 2010, notwithstanding company policy which allowed
for 144 hours of PTO in an employee's first year and 152 hours of PTO in an
employee's second year. (Complaint ¶ 4, Answer 14)
2
Larry A. Weisberg, Esq. (PAID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
9. According to Security's Annual Leave policy, which was updated on April
19, 2010, "Employees may carry up to 80 hours of PTO from one year to the next."
(Complaint 15, Answer 15)
10. According to Security's Annual Leave Policy, "Employees separated from
the company through resignation or layoffs will be paid for remaining annual leave over
and above 80 hours. Employees terminated due to misconduct (fired) will not be paid
for any remaining annual leave." (Complaint 16, Answer ¶ 6)
11. In or about December 2010, Reese met with Security's management.
(Complaint ¶ 7, Answer 17)
12. Subsequent to and as a result of the meeting between Reese and
Security's management in or about December 2010, Security permitted Reese to
continue working until she could find a position with another employer. (Complaint ¶ 7,
Answer ¶ 7)
13. In the meeting in or about December 2010, no date was set for Reese's
departure. (Complaint ¶ 8, Answer $ 8)
14. During calendar year 2010, Reese used 80 of her 160 hours of earned
PTO. (Complaint $ 10, Answer ¶ 10)
15. As a full time employee of Security, Reese was entitled to carry over her
unused 80 hours of PTO from calendar year 2010 to calendar year 2011. (Complaint ¶
11, Answer ¶ 11)
3
( I
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
16. Reese continued to work at Security until February 4, 2011. (Complaint ¶
13, Answer ¶ 13)
17. Until February 4, 2011, no one at Security had given Reese a specific date
by after which she was not to report to work at Security. (Exhibit "A", Defendant's
Responses to Plaintiff's Request for Admissions, 11)
18. From December 1, 2010, until February 4, 2011, Security paid for Health
Insurance benefits for Reese. (Exhibit "A", ¶ 2)
19. From December 1, 2010, until February 4, 2011, Security provided Life
Insurance benefits to Reese. (Exhibit "A", 14)
20. From December 1, 2010, until February 4, 2011, Security provided
Disability Insurance benefits to Reese. (Exhibit "A", ¶ 5)
21. At no time between December 1, 2010 and February 4, 2011, was the
Health Insurance benefit provider for Security notified that Reese was no longer a full
time employee of Security. (Exhibit "A", 16)
22. At no time prior to February 4, 2011, was Reese provided with
documentation regarding her eligibility to participate in any programs to receive health
insurance benefits through COBRA. (Exhibit "A", ¶ 7)
23. On February 4, 2011, Reese's full allotment of COBRA eligibility was still
available to her. (Exhibit "A", 18)
4
I I
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
24. Full-time employees at Security are eligible for benefits, while employees
hired on a temporary or contract basis are not eligible for benefits. (Exhibit "B",
Declaration of Shannon Reese in Support of Plaintiffs Motion for Summary Judgment,
specifically see Attachment "A" thereto, p. 4)
25. Pursuant to Security's Employee Manual and Company Policy, employees
who choose to resign their employment must notify the manager, in writing, 2 weeks in
advance. Failure to give notice as required will result in forfeiture of unused paid
vacation time (PTO). (Exhibit "C", Relevant Excerpts from Defendant's Answers to
Plaintiff's First Set of Interrogatories, ¶ 4; and Exhibit "B", specifically see Attachment
"A" thereto, p. 13)
26. Reese did not resign her employment with Security. (Exhibit "A", % 9)
27. Reese was advised by Security that when she applied for unemployment
compensation benefits to advise that she was separated from the company due to "lack
of work." (Complaint ¶ 16, Answer 116).
28. On the "Employer's Notice of Application, Request for Separation and
Wage Information," which was supplied by Security on February 11, 2011, to the
Commonwealth of Pennsylvania's Department of Labor and Industry in relation to
Reese's application for unemployment compensation benefits, Glenaire Kreitzer,
Secretary/Treasurer of Security, represented in Part C, #3, that Reese's "Reason for
Separation" was due to "Lack of Work."
The choices available for "Reason for
5
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
Separation" included "Lack of Work," "Voluntary Quit," "Misconduct," or "Other." (Exhibit
"B", specifically see Attachment "B" thereto)
29. Reese was not terminated from Security for "willful misconduct" as that
term is applied to an employee's eligibility for unemployment compensation benefits.
(Exhibit "A", $ 11)
30. The threshold standard for entitlement to unemployment compensation
benefits ("willful misconduct") is completely different than the threshold or definition set
forth in Security's Employee Manual pertaining to Annual Leave Policy ("misconduct").
(Exhibit "C", 14)
31. Based upon the threshold standard for entitlement to unemployment
compensation benefits in Pennsylvania, Reese would have been eligible for
unemployment compensation benefits following her employment with Security if her
employment had been terminated for "misconduct," as that term is defined in the annual
leave policy of Security, as opposed to "willful misconduct." (Exhibit "A", ¶ 10)
32. Reese applied for and received unemployment compensation, without
contest from Security, and citing the reason for separation of "lack of work," which she
was told to use by Security. (Complaint ¶ 17, Answer ¶ 17)
33. The next regular payday of Security following Reese's separation was
February 18, 2011. (Complaint % 21, Answer ¶ 21)
6
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
34. On February 18, 2011, Reese was only paid for 8 hours of PTO.
(Complaint ¶ 22, Answer ¶ 22)
35. Reese, through her legal counsel, in a letter dated February 22, 2011, and
addressed to Frank Mosher, President of Security, requested payment from Security in
the amount of $5,772.96, representing 152 hours of PTO. (Exhibit "A", % 12)
III. LEGAL STANDARDS AND BASIS FOR SUMMARY JUDGMENT
36. Summary judgment is appropriate where there exists no genuine issue of
any material fact as to a necessary element of the cause of action or defense which
could be established by additional discovery or expert report. Pa. R.C.P. 1035.2.
37. "The mission of the summary judgment procedure is to pierce the
pleadings and to assess the proof in order to see whether there is a genuine need for a
trial. We have a summary judgment rule in this Commonwealth in order to dispense
with a trial of a case ... where a party lacks the beginnings of evidence to establish or
contest a material issue." Ertel v. Patriot-News Co., 674 A.2d 1038, 1042 (Pa. 1996)
(citations omitted).
38. In accordance with the Pennsylvania Wage Payment and Collection Law,
"Whenever an employer separates an employe from the payroll, or whenever an
employe quits or resigns his employment, the wages or compensation earned shall
become due and payable not later than the next regular payday of his employer on
which such wages would otherwise be due and payable." 43 P.S. § 260.5.
7
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
39. Vacation pay is considered a "Fringe benefit," and included in the
definition of "Wages," and is therefore subject to the provisions of the Pennsylvania
Wage Payment and Collection Law. 43 P.S. § 260.2a.
40. In accordance with the Pennsylvania Wage Payment and Collection Law,
"Where wages remain unpaid for thirty days beyond the regularly scheduled payday, ...
and no good faith contest or dispute of any wage claim including the good faith
assertion of a right of set-off or counter-claim exists accounting for such non-payment,
the employe shall be entitled to claim, in addition, as liquidated damages an amount
equal to twenty-five percent (25%) of the total amount of wages due, or five hundred
dollars ($500), whichever is greater." 43 P.S. § 260.10.
41. In accordance with the Pennsylvania Wage Payment and Collection Law,
"The court in any action brought under this section shall, in addition to any judgment
awarded to the plaintiff or plaintiffs, allow costs for reasonable attorneys' fees of any
nature to be paid by the defendant." 43 P.S. § 260.9a.
42. An employee shall be ineligible to receive unemployment compensation in
Pennsylvania for any week "[i]n which his unemployment is due to his discharge or
temporary suspension from work for willful misconduct connected with his work." 43
P.S. § 802.
8
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
43. It is undisputed that Reese was hired to work for Security on a full time
basis on February 1, 2010, and was paid a salary of $79,000 annually, which equates to
an hourly rate of $37.98 based upon a forty hour work week.
44. It is undisputed that Security agreed to provide Reese with 160 hours of
PTO per calendar year beginning with calendar year 2010.
45. It is undisputed that according to Security's Annual Leave Policy,
"Employees may carry up to 80 hours of PTO from one year to the next," and that
"Employees separated from the company through resignation or layoffs will be paid for
remaining annual leave over and above 80 hours. Employees terminated due to
misconduct (fired) will not be paid for any remaining annual leave."
46. It is undisputed that subsequent to and as a result of the meeting between
Reese and Security's management in or about December 2010, Security permitted
Reese to continue working until she could find a position with another employer, and
that no date was set for Reese's departure.
47. It is undisputed that during calendar year 2010, Reese used 80 of her 160
hours of earned PTO, and that as a full time employee of Security, Reese was entitled
to carry over her unused 80 hours of PTO from calendar year 2010 to calendar year
2011.
9
Larry A. Weisberg, Esq. (PAID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
48. It is undisputed that Reese continued to work at Security until February 4,
2011, and that until February 4, 2011, no one at Security had given Reese a specific
date by after which she was not to report to work at Security.
49. It is undisputed that from December 1, 2010, until February 4, 2011,
Security continued to pay for Health Insurance, Life Insurance, and Disability Insurance
benefits for Reese.
50. It is undisputed that at no time between December 1, 2010 and February
4, 2011, was the Health Insurance benefit provider for Security notified that Reese was
no longer a full time employee of Security, or was Reese provided with documentation
regarding her eligibility to participate in any programs to receive health insurance
benefits through COBRA.
51. It is undisputed that on February 4, 2011, Reese's full allotment of COBRA
eligibility was still available to her.
52. It is undisputed that full-time employees at Security are eligible for
benefits, while employees hired on a temporary or contract basis are not eligible for
benefits.
53. It is undisputed that Reese did not resign her employment with Security.
54. It is undisputed that Reese was not terminated from Security for "willful
misconduct" as that term is applied to an employee's eligibility for unemployment
compensation benefits.
10
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
55. It is undisputed that Reese was advised by Security that when she applied
for unemployment compensation benefits to advise that she was separated from the
company due to "lack of work," and that on the "Employer's Notice of Application,
Request for Separation and Wage Information," which was supplied by Security on
February 11, 2011, to the Commonwealth of Pennsylvania Department of Labor and
Industry in relation to Reese's application for unemployment compensation benefits,
Glenaire Kreitzer, Secretary/Treasurer of Security, represented in Part C, #3, that
Reese's "Reason for Separation" was due to "Lack of Work," even though the choices
available for "Reason for Separation" included "Misconduct."
56. It is undisputed that based upon the threshold standard for entitlement to
unemployment compensation benefits in Pennsylvania, Reese would have been eligible
for unemployment compensation benefits following her employment with Security if her
employment had been terminated for "misconduct," as that term is defined in the annual
leave policy of Security, as opposed to "willful misconduct."
57. It is undisputed that Reese applied for and received unemployment
compensation, without contest from Security, and citing the reason for separation of
"lack of work," which she was told to use by Security.
58. It is undisputed that the next regular payday of Security following Reese's
separation was February 18, 2011, at which time Reese was only paid for 8 hours of
PTO.
11
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
59. It is undisputed that Reese, through her legal counsel, in a letter dated
February 22, 2011, and addressed to Frank Mosher, President of Security, requested
payment from Security in the amount of $5,772.96, representing 152 hours of PTO.
60. Based upon the facts of record, it is undisputed that Reese met all of the
criteria for payment of accrued, but unused vacation pay, as defined in Security's
Employee Manual, as follows:
a. Reese was a full-time employee from the time of her hire on February 1,
2010, until the time of her separation on February 4, 2011. If Reese had
not been a full-time employee, or if she had been a temporary or contract
employee from December 2010 until February 4, 2011, she would not
have been eligible to receive benefits, which she did until the time of her
separation on February 4, 2011.
b. Reese did not resign her position, so she was not required to notify her
manager, in writing, 2 weeks in advance so as not to forfeit unused PTO.
c. Reese was not terminated due to misconduct, so as to make her ineligible
to be paid for any remaining annual leave based upon Security's Annual
Leave Policy. Security, when given the opportunity to represent to the
Commonwealth of Pennsylvania Department of Labor and Industry that
Reese was separated either for "Lack or Work" or for "Misconduct,"
advised the Department that Reese was separated for "Lack of Work," and
12
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
advised Reese to do the same, even though Security admits that Reese
would not have been impeded from collecting unemployment had Security
indicated that Reese was separated for "Misconduct," since Reese was
admittedly not terminated for "willful misconduct."
61. Because Reese was entitled to carry over her unused 80 hours of PTO
from calendar year 2010 to calendar year 2011, and Reese was entitled to an additional
160 hours of PTO in 2011, Reese would have carried 240 hours of PTO at the time of
her separation on February 4, 2011 (that being the 80 hours from 2010 plus 160 hours
for 2011).
62. According to Security's Annual Leave Policy, "Employees separated from
the company through resignation or layoffs will be paid for remaining annual leave over
and above 80 hours," meaning that Reese would have been entitled to 240 hours of
PTO less 80 hours at the time of her separation, for a total of 160 hours.
63. Reese was to be paid for her remaining PTO not later than the next
regular payday pursuant to 43 P.S. § 260.5.
64. The next regular payday of Security following Reese's separation was
February 18, 2011, at which time Reese was only paid for 8 hours of PTO, leaving a
balance due to Reese of 152 hours, which at an hourly rate of $37.98 equals $5,772.96.
65. Because Security had no good faith contest or dispute of Reese's claim,
and because these wages remained unpaid for thirty days beyond the regularly
13
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
scheduled payday of February 18, 2011, notwithstanding a claim made by Reese's
counsel on February 22, 2011, Reese is entitled to liquidated damages of 25% of the
wages due, or $1,443.24, in accordance with 43 P.S. § 260.10.
66. Pursuant to 43 P.S. § 260.9a, Reese is entitled to costs for reasonable
attorneys' fees, which at the time of this filing equate to $6,249.75, and continue to
accrue. (Exhibit T", Declaration of Larry A. Weisberg in Support of Plaintiff's Motion for
Summary Judgment)
WHEREFORE, for the reasons set forth herein, Plaintiff respectfully requests that
this Honorable Court grant Plaintiff's Motion for Summary Judgment, and enter
judgment in Plaintiffs favor in the amount of $5,772.96 in wages, plus liquidated
damages in the amount of $1,443.24, plus attorneys' fees, interest and costs and such
other relief as this Court deems just and proper.
Respectfully submitted,
Date
McCarthy Weisberg Cummings, P.C.
Larry A. Weisberg, Esq. (PA ID 83410)
Derrek W. Cummings, Esq. (PA ID 83286)
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
(717) 233-8133 (FAX)
Attorneys for Plaintiff
14
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy
of the foregoing Motion for Summary Judgment was served on the following:
Mark C. Duffie
Law Offices of Johnson Duffie
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(Attorney for Defendant)
Served by first class United States mail, postage prepaid to the above address
10-11-111
Date
Larry A. Weisberg, Esq.
15
Exhibit "A
Defendant's Responses to Plaintiff's
Request for Admissions
JOHNSON, DUFFIE, STEWART & WEIDNER
By: Mark C. Duffie, Esquire
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
mcd@jdsw.com
SHANNON REESE,
V.
SECURITY SAVINGS SYSTEMS, INC.,
Defendant
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-4175 Civil
CIVIL ACTION - LAW
DEFENDANT'S RESPONSES TO PLAINTIFF'S
REQUEST FOR ADMISSIONS
AND NOW, comes Defendant, Security Savings Systems, Inc., by and through
their counsel, Johnson, Duffle, Stewart & Weidner, and hereby responds to Plaintiff's
Request for Admissions as follows:
1. Admit that until February 4, 2011, no one at Security Savings Systems,
Inc. had given Shannon Reese a specific date by after which she was not to report to
work at Security Savings Systems, Inc.
RESPONSE: Admit.
2. Admit that from December 1, 2010, until February 4, 2011, Security
Savings Systems, Inc. paid for Health Insurance benefits for Shannon Reese.
RESPONSE: Admit.
3. Admit that from December 1, 2010, until February 4, 2011, Security
Savings Systems, Inc. provided 401 K Program benefits to Shannon Reese.
RESPONSE: Deny.
4. Admit that from December 1, 2010, until February 4, 2011, Security
Savings Systems, Inc. provided Life Insurance benefits to Shannon Reese.
RESPONSE: Admit.
5. Admit that from December 1, 2010, until February 4, 2011, Security
Savings Systems, Inc. provided Disability Insurance benefits to Shannon Reese.
RESPONSE: Admit.
6. Admit that at no time between December 1, 2010 and February 4, 2011,
was the Health Insurance benefit provider for Security Savings Systems, Inc. notified
that Shannon Reese was no longer a full time employee of Security Savings Systems,
Inc.
RESPONSE: Admit.
7. Admit that at no time prior to February 4, 2011 was Shannon Reese
provided with documentation regarding her eligibility to participate in any programs to
receive health insurance benefits through COBRA.
RESPONSE: Admit.
8. Admit that on February 4, 2011, Shannon Reese's full allotment of
COBRA eligibility was still available to her.
RESPONSE: Admit.
9. Admit that Shannon Reese did not resign her employment with Security
Savings Systems, Inc.
RESPONSE: Admit.
10. Admit that, based upon the threshold standard for entitlement to
unemployment compensation benefits in Pennsylvania, Shannon Reese would have
been eligible for unemployment compensation benefits following her employment with
Security Savings Systems, Inc if her employment had been terminated for "misconduct",
as that term is defined in the annual leave policy of Security savings Systems, Inc., as
opposed to "willful misconduct."
RESPONSE: Admit.
11. Admit that Shannon Reese was not terminated from Security Savings
Systems, Inc. for "willful misconduct" as that term is applied to an employee's eligibility
for unemployment compensation benefits.
RESPONSE: Admit.
12. Admit that Shannon Reese, through her undersigned legal counsel, in a
letter dated February 22, 2011, and addressed to Frank Mosher, President of Security
Savings Systems„ Inc., requested payment from Security Savings Systems, Inc. in the
amount of $5,772.96, representing 152 hours of PTO.
RESPONSE:
Admit.
JOHNSON, DUFW SyrrVYARI & WEIDNER
Date: j
:460029
By:
quire
Mark C. Duffie, ;5906
Attorney I.D. No. 301 Market Street
Lemoyne, PA 17043
Telephone (717) 761-4540
Counsel for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon
the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on September c2l , 2011:
Larry A. Weisberg, Esquire
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
Attorneys for Plaintiff
JOHNSON, DUFFIE, STEWART & WEIDNER
By: "- 0
Mark C. Duffie lk?-
Exhibit "B"
Declaration of Shannon Reese
in Support of Plaintiff's Motion for
Summary Judgment
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SHANNON REESE
NO. 11-4175 Civil
Plaintiff,
V.
CIVIL ACTION - LAW
SECURITY SAVINGS SYSTEMS, INC
Defendant
DECLARATION OF SHANNON REESE IN SUPPORT OF
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
SHANNON REESE, of full age, declares as follows:
1. I, Shannon Reese, am the Plaintiff in the above captioned matter.
2. 1 worked for Defendant Security Savings Systems, Inc. from February 1,
2010, until February 4, 2011.
3. The document attached hereto as "Attachment A" is a true and correct
copy of relevant excerpts (pages 4 and 13) from the Security Savings Systems,
Inc. Employee Manual which was in effect while I worked for Security Savings
Systems, Inc.
4. The document attached hereto as "Attachment B" is a true and correct
copy of the "Employer's Notice of Application, Request for Separation and Wage
Information" which was provided to me by Defendant Security Savings Systems,
Inc. from my personnel file.
I, Shannon Reese, verify that the facts set forth herein are true and
correct to the best of my knowledge, information, and belief; and that this
verification is subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn
falsification to authorities.
Date Shanno eese
2
Attachment "A
to
Exhibit "B"
I,
1
1
I Employee Manual
l?
1
1
1
1
I
Employment
Equal Employment Policy
Security Savings Systems, Inc. holds that all people are entitled to equal employment
opportunity and does not discriminate against qualified employees or applications because
of race, color, national or ethnic origin, sex, religious beliefs, age, marital status, veteran
status, sexual orientation, disability or any other protected status. This policy applies to
recruitment and placement, promotion, training, retention, rate of pay and all other detail
and conditions of employment.
Employment At-Will
You employment with Security Savings Systems, Inc is voluntary and you are free to
resign. Likewise, the company is free to end the employment relationship at any time, with
or without cause or notice. The relationship between the employer and employee is at-will.
While the other policies in this handbook are subject to change with or without notice, the
at-will relationship can only be changed by a written agreement expressly for that purpose,
signed by the President.
Employment Status
The following classifications do not guarantee employment for any specific length of time.
An employee will not change from temporary status to another status unless specifically
informed of such a change, in writing, by senior management.
Non-Exempt
Non-exempt employees include all regular employees covered by the overtime provisions
of the Federal Fair Labor Standards Act and applicable state laws. Employees in this
category are entitled to overtime pay for work in excess of 40 hours in a work week.
Exempt
Exempt employees include all regular employees who are classified by the company as
exempt from the overtime provisions of the Federal Fair Labor Standards Act and
applicable state laws.
Full-Time
Full-time employees are those employees hired to work 40 hours or more per week on a
regular basis. Full-time employees are eligible for benefits.
Part-Time
Part-time employees are those employees hired to work less than 40 hours per week on a
regular basis. Part-time employees are eligible for some benefits by specific agreement
only.
Temporary
Employees hired on a temporary or contract basis are not eligible for benefits. -
Page 4
Accidents
All work related accidents, regardless of severity, must be reported immediately to your
supervisor who will take appropriate action.
Fires
Familiarize yourself with the location and operation of fire extinguishers and emergency
exits.
Disciplinary Action
Noncompliance with this manual or company policies may result in disciplinary action up
to and including termination. The company retains the ability to discipline employees
where it determines such action is warranted. Where appropriate, the company may
administer a system of progressive discipline. That system would typically utilize a verbal
warning, written warning and final notice/termination.
y In addition to actions noted elsewhere in the handbook and company policies, the
following behaviors, although not an exhaustive list, may result in immediate termination.
• Falsification of personnel, production or other company records
• Fighting
• Sleeping while on duty
• Willful destruction of company equipment
• Insubordination
• Theft of company or another employee's property
Termination/Suspension of Employment
The company requests that employees who choose to resign their employment notify their
manager, in writing, two weeks in advance. This will allow the company to arrange to
cover or transfer job duties. The company may opt, at its discretion, to continue or
terminate employment prior to the conclusion of the notice period, with proper
compensation, including unused paid time off. Failure to give notice will result in the
forfeiture of unused paid vacation time.
Attachments
• Acceptable Use & User Access Policy
• Data Security & Disposal Policy
Page 13
Attachment "B"
to
Exhibit "B"
EMPLOYER'S NOTICE OF APPLICATION
Request for Separation and Wage Information
The individual identified below has filed a claim for unemployment comeensation benefits. Complete this form as requested and return it to the
address on the reverse in the enclosed envelope WITHIN 4 BUSINESS DAYS. Failure to reply within this period will result in a
determination as to eligibility based on available facts. Your signature and the date signed are required on the bottom of this form.
>
MIX M-F ?X ?X - i??tt::LiDC1tL•:: AFtiC :t1SE: flNY
of ease MYDI FTF PARTC. A L:fj B C D
192-52-1302 -SHANNON M. REESE 00458 :;:;
e c aimant as indicated the reason or separation or partia unemployment as: at o pp icatio p•;•" "'•
LACK OF WORK 01-30-11 ::A : 1::::::Art::::::(f$> :::0*9:::::::Alg::::
PART A PART B
If applicable, list wages, hours worked, tips, and hours absent when What was the claimant's last day wor prior to: 01-30-11 ?
work was available for the dates below. If none, check this block. 0 Please enter the date here: / Of
* If the employe was absent when work was available, give average Did the claimant earn $ 3438 or more during THE PERIOD
hourly wage: S FROM 02-01-10 TO 02-04-11?
Gross Wa es Hrs. Worked ips and 10
;
Dates Ernd. Ea. ?av Each Day Gratuities # Absent OYES N0; If NO, amount earned $ 1,21
I EMPLOYER'S
NAME AND
--1 ADDRESS
SECURITY SAVINGS SYSTEMS INC
J , 901 MARKET STREET
NEW CUMBERLAN PA
17070
a1-15•
PART C
1. Last date worked (Complete if date
is different from PART B above):
2. Was the claimant hired for:
&I Time? O Part Time?
If part time, explain:
3. Reason for Separation or Partial Unemployment: IMPORTANT - Please check the appropriate block below. If the employe was separated for
reasons other than lack of work, provide an explanation below. If you indicate the reason for separation is employe misconduct, you
must provide a full and detailed statement of the action(s) that resulted in termination of employment. This statement should be signed
by a person with firsthand knowledge and must be accompanied by copies of relevant documentation such as time cards, personnel files,
written warnings, emplo s rules, medic statements, and stotements of perso with firsthand knowledge of the events leading to the
termination. ack of Work U Voluntary Quit Misconduct Other, explanation: (Use extra sheet if necessary)
4. Will the claimant receive a pension payment? O YES If YES, amount $ U Monthly U Lump Sum
If YES, provide the effective date
5. Educational Institutions a d Ed tional Service Agencies: Does this individual have a contract or reasonable assurance of returning to
work when school reopens? (YES NO peasonable assurance means that an individual who performs services for an educational institution or
educational service geng IT?the a st of two successive academic ears or terms or immeataly prior to an established vacation or holiday
closing, has a verbs, writen or implied agreement to return to worky for an educational institution or educational service agency in the
some capacity and tinder substantially the same economic terms and conditions in the second of such academic years or terms immediately
following the vacation or holiday period.
PART D
1. What is the claimant's XAI full time base wage? $ hr, $ day; $ /Jr?! • ?4_- week.
2. Type of Separation. ermanent ?Partial Unemployment 0Temporary - enter expected date of recall
WAS THE CLAIMANT OR WILL HE/.SKE BE PAID: a/
3. For any days after his/her l?asft day of work? YES ? NO; If YES, amount $ representing wages thru
4. Holiday Pay? ? YES 1]O NO; If YES, amount $ holiday f
5. Vacation Pay? RYES ONO; If YES, amount $ 3Q3?al? payment date /
If payment is for vacation shutdown or designated period, specify the period: from to
6. Remarks:
By rhy s' net e, 1 certify that the informatio at have supplied is true and correct. I real' a that the Pennsylvania Unemployment
Comae a, Law provides s for mak a ements.
--7Z S?c?ET Y i?E?Su?E? 717- 90% 708e
ate Sig ature Title Telephone No.
NO FURTHER NOTICE WILL BE ISSUED TO YOU UNLESS YOU HAVE INDICATED SOME LEGAL BASIS FOR THE DENIAL OF BENEFITS.
Exhibit "C"
Relevant Excerpts from
Defendant's Answers to Plaintiff's
First Set of Interrogatories
Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffie, Esquire
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
SHANNON REESE,
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
SECURITY SAVINGS SYSTEMS, INC.,
NO. 11-4175 Civil
CIVIL ACTION - LAW
Defendant
DEFENDANT'S ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES
TO: Larry A. Weisberg, Esquire
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
Attorneys for Plaintiff
Date: YO 1 <<
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By: C----'
Mark C. Duffle
Johnson, Duffie, kewart & Weidner
I. D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
:459786
8336-18
4. Factual basis for claims and defenses. -- State with particularity the factual
basis for each claim or defense you are asserting in this case.
ANSWER:
4. Plaintiff was terminated due to misconduct (fired) and therefore will not be paid for
any remaining annual leave as misconduct is defined as "behavior not in conformity with prevailing
standards, bad management, especially by persons entrusted or engaged to act on behalf of
another".
Plaintiffs substandard performance included the following:
Plaintiff was unable to manage and/or work with other employees. Plaintiff
did not possess the skills or experience to handle a position that otherwise
represented herself as capable of handling. Defendant had to hire
temporary employees to cover simple assignments that Plaintiff failed to
complete.
Plaintiff cost the company in excess of Forty-five Thousand ($45,000.00)
due to a mistake made by her and for which she was responsible. Plaintiff
was unable to complete projects in a timely manner which strained
relationships that Defendant had with well established and long standing
clients.
Pursuant to the Employee Manual and Company Policy, employees who chose to
resign their employment must notify the manager, in writing, two (2) weeks in advance. Failure to
give notice as required will result in forfeiture of unused paid vacation time (PTO). Therefore,
Plaintiff, pursuant to the Employee Manual and Company Policy, is not entitled to unused paid
vacation time (PTO).
The threshold standard for entitlement to unemployment compensation benefits
("willful misconduct") are completely different than the threshold or definition set forth in the
Defendant's Employee Manual pertaining to Annual Leave Policy ("misconduct"). Therefore, any
reference to an uncontested employment compensation matter is irrelevant to the core issued
raised by Plaintiff.
In February of 2010, Defendant hired Plaintiff as the Director of Information
Services. From the time of her hire, Plaintiff represented that she had the knowledge and
experience to perform as the Director of Information Services for Defendant. On or about April 9,
2010, the Plaintiff provided a job description to Defendant and continued to represent herself as
one who is capable of fulfilling the position.
In December, 2010, Plaintiff met with Defendant's management as part of an
annual review. At that time, the Defendant's management informed Plaintiff that her job
performance was substandard and unacceptable. At that time, Plaintiff was terminated but was
allowed temporary employment until she found another position with another employer. On
February 4, 2011, Defendant's management terminated Reese's temporary employment for further
misconduct and failure to perform her duties in addition to repeated mistakes made by Plaintiff.
VERIFICATION
The undersigned, an attorney of record for the answering party herein, states that the
facts set forth in the foregoing document are true and correct to the best of his knowledge,
information, and belief, upon information supplied to him. This verification is made subject to
the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities.
DATE:
CERTIFICATE OF SERVICE
AND NOW, this -.L?-- day of Lr--- 2011, the undersigned does
hereby certify that he did this date serve a copy of the foregoing document upon the other parties
of record by causing same to be deposited in the United States Mail, first class postage prepaid,
at Lemoyne, Pennsylvania, addressed as follows:
Larry A. Weisberg, Esquire
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
Attorneys for Plaintiff
JOHNSON, DUFFIE, STEWART & WEIDNER
By: C/,
Mark C. Duffie
:459786
Exhibit "D"
Declaration of Larry A. Weisberg
in Support of Plaintiff's Motion for
Summary Judgment
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SHANNON REESE NO. 11-4175 Civil
Plaintiff,
V. CIVIL ACTION - LAW
SECURITY SAVINGS SYSTEMS, INC
Defendant
DECLARATION OF LARRY A. WEISBERG IN SUPPORT OF
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
LARRY A. WEISBERG, of full age, declares as follows:
1. 1 am an attorney at law and Counsel in the firm of McCarthy Weisberg
Cummings, P.C., attorney for Plaintiff Shannon Reese. I make this Declaration in
order to place before the Court certain materials in support of Plaintiff's Motion
for Summary Judgment.
2. Attached hereto as "Attachment A" are true and correct copies of invoices
sent from McCarthy Weisberg Cummings, P.C. to Plaintiff Shannon Reese in
relation to matters brought by this firm on Ms. Reese's behalf against defendant
Security Savings Systems, Inc. in accordance with the Pennsylvania Wage
Payment and Collection Law, 43 P.S. § 260.1 et seq.
3. Through October 17, 2011, McCarthy Weisberg Cummings, P.C. has
billed Ms. Reese a total of $6,249.75 in legal fees, which continues to accrue.
I, Larry A. Weisberg, verify that the facts set forth herein are true and
correct to the best of my knowledge, information, and belief; and that this
verification is subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn
falsification to authorities.
I0-ri-O
Date
4ar. Weisberg
2
Attachment "A"
to
Exhibit "D"
McCarthy Weisberg Cummings, PC
2041 Herr Street
Harrisburg, PA 17103
Shannon Reese
121 S. 31 st St.
Camp Hill, PA 17011
Regarding: Shannon Reese
Invoice No: 02978
Services Rendered
Date Staff Description Hours
2/21/2011 LAW 2 Hour Non-Refundable Retainer 2.00
Total New Charges
Staff Summary
Name Hours Rate
Larry A Weisberg 2.00 $195.00
Date: 2/21/2011
Rate Charges
$195.00 $390.00
Total Fees $390.00
$390.00
2/21/11 - Meet with client - 0.80 hours - billed out of retainer
2/22/11 - Draft letter to company - email to client - 1.20 hours -
billed out of retainer
McCarthy Weisberg Cummings, PC
2041 Herr Street
Harrisburg, PA 17103
Shannon Reese
121 S. 31 st St.
Camp Hill, PA 17011
Regarding: Shannon Reese
Invoice No: 03088
Services Rendered
Date Staff
3/15/2011 LAW
3/15/2011 LAW
3/18/2011 LAW
3/22/2011 LAW
Description Hours
Conversation with Mark Duffie 0.25
Phone call with client 0.20
Phone call from Mark Duffle; phone call 0.60
with Shannon; return call with Mark
Duffie
Work on MDJ Complaint; e-mail to 1.32
Shannon
Shannon Reese
Shannon Reese
Total Fees
Total New Charges
Previous Balance
2/21/2011 Payment 806
2/21/2011 Invoice 2978
Total Payments and Credits
Balance Due
Staff Summary
Name
Larry A Weisberg
Date: 4/01/2011
Rate Charges
$195.00 $48.75
$195.00 $39.00
$195.00 $117.00
$195.00 $257.40
$0.00
$-390.00
$390.00
$462.15
Hours Rate
2.37 $195.00
McCarthy Weisberg Cummings, PC
2041 Herr Street
Harrisburg, PA 17103
Shannon Reese Date: 5/02/2011
121 S. 31 st St.
Camp Hill, PA 17011
Regarding: Shannon Reese
Invoice No: 03294
Services Rendered
Date Staff Description Hours Rate Charges
4/14/2011 LAW Review file in preparation for client 0.50 $195.00 $97.50
meeting
4/14/2011 LAW Meet with client to prepare for DJ 1.90 $195.00 $370.50
Hearing
4/14/2011 LAW Prepare exhibits 0.33 $195.00 $64.35
4/19/2011 LAW Research; prepare for DJ Hearing 1.50 $195.00 $292.50
4/21/2011 LAW Research - prepare for DJ Hearing 1.20 $195.00 $234.00
4/21/2011 LAW DJ Hearing 2.75 $195.00 $536.25
4/26/2011 LAW Receive MDJ Decision; discuss with 0.50 $195.00 $97.50
Shannon; review Appeal and Arbitration
Rules; phone call with Shannon
Total Fees
Total New Charges
Previous Balance
4/14/2011 Payment
818
Shannon Reese
W. 1--
$462.15
$-462.15
Total Payments and Credits .p-wOL. 1
McCarthy Weisberg Cummings, PC
Page No.: 2
Balance Due
Staff Summary
Name
Larry A Weisberg
Hours Rate
8.68 $195.00
$1,692.60
McCarthy Weisberg Cummings, PC
2041 Herr Street
Harrisburg, PA 17103
Shannon Reese
121 S. 31 st St.
Camp Hill, PA 17011
Regarding: Shannon Reese
Invoice No: 03400
Services Rendered
5/03/2011 LAW
5/05/2011 LAW
Expenses
Start Date
5/06/2011
Description Hours
Draft Complaint - email to Shannon for 1.30
review
Finalized Appeal forms and Complaint 0.50
Date: 5/31/2011
Rate Charges
$195.00 $253.50
$195.00 $97.50
Total Fees $351.00
Description Quantity
Filing Fee for Appeal from MDJ Decision to Ct 1.00
Common Pleas
Total Expenses
Total New Charges
Previous Balance
5/20/2011 Payment 824
Total Payments and Credits
Balance Due
Staff Summary
Name
Shannon Reese
Hours Rate
Charges
$91.75
$91.75
$1,692.60
$-1,692.60
$-1,692.60
McCarthy Weisberg Cummings, PC
Page No.: 2
Larry A Weisberg 1.80 $195.00
McCarthy Weisberg Cummings, PC
2041 Herr Street
Harrisburg, PA 17103
Shannon Reese Date: 7/01/2011
121 S. 31 st St.
Camp Hill, PA 17011
Regarding: Shannon Reese
Invoice No: 03516
Services Rendered
Date Staff
6/07/2011 LAW
6/1712011 LAW
6/24/2011 LAW
6/29/2011 LAW
Description Hours
Call Prothonotary - Prepare notice of 0.30
Default Judgment
Review Answer; draft Answer to New 0.63
Matter; email Shannon
Complete and send Ans to New Matter 0.27
Meet to review discovery 0.70
Rate Charges
$195.00 $58.50
$195.00 $122.85
$195.00 $52.65
$195.00 $136.50
Total Fees $370.50
Total New Charges
Previous Balance
6/10/2011 Payment 836 Shannon Reese
Total Payments and Credits
Balance Due
$442.75
$-442.75
$370.50
Staff Summary
Name Hours Rate
Larry A Weisberg 1.90 $195.00
McCarthy Weisberg Cummings, PC
2041 Herr Street
Harrisburg, PA 17103
Shannon Reese
121 S. 31 st St.
Camp Hill, PA 17011
Regarding: Shannon Reese
Invoice No: 03637
Services Rendered
Date Staff
7/07/2011 LAW
7/13/2011 LAW
Date: 8/03/2011
Description Hours Rate Charges
Draft discovery requests 1.42 $195.00 $276.90
Finalize Discovery Requests and sent 0.50 $195.00 $97.50
to Defense Counsel
Total Fees
Expenses
Start Date
5/06/2011
Description Quantity
Certified mailings to Mark Duffie and MDJ Clement 1.00
Total Expenses
Total New Charges
Previous Balance
7/07/2011 Payment
Total Payments and Credits
Balance Due
840
Shannon Reese
w,,, -.--
Charges
$8.17
$370.50
$-370.50
$-370.50
Staff Summary
Name Hours Rate
Larry A Weisberg 1.92 $195.00
McCarthy Weisberg Cummings, PC
2041 Herr Street
Harrisburg, PA 17103
Shannon Reese
121 S. 31 st St.
Camp Hill, PA 17011
Regarding: Shannon Reese
Invoice No: 03871
Services Rendered
Date Staff
9/06/2011 LAW
9/07/2011 LAW
Description Hours
Review discovery rules; advise Atty 0.50
Duffie that Admissions are deemed
admitted; e-mail to Shannon
Phone call with Mark Duffy - email to 0.25
Shannon
Date: 10/03/2011
Rate Charges
$195.00 $97.50
$195.00 $48.75
Total Fees $146.25
Total New Charges
Previous Balance
8/08/2011 Payment
845
Shannon Reese
$382.57
$-382.57
$-382.57
Total Payments and Credits
Balance Due
Staff Summary
Name Hours Rate
Larry A Weisberg 0.75 $195.00
McCarthy Weisberg Cummings, PC
2041 Herr Street
Harrisburg, PA 17103
Shannon Reese
121 S. 31 st St.
Camp Hill, PA 17011
Regarding: Shannon Reese
Invoice No: 03902
Services Rendered
Date Staff
10/04/2011 LAW
10/05/2011 LAW
10/12/2011 LAW
10/13/2011 LAW
10/14/2011 DWC
10/14/2011 LAW
10/17/2011 LAW
Total New Charges
Staff Summary
Name
Description Hours
Review discovery; research privilege 2.25
issues; email to Shannon
Legal research; review discovery and 1.30
pleadings re: potential Motion for
Summary Judgment
Work on MSJ 2.70
Work on MSJ 4.00
Review MSJ - Discuss with Atty 1.00
Weisberg
Work on MSJ 0.88
Work on MSJ - Affidavits 0.50
Derrek W Cummings
Larry A Weisberg
Hours
1.00
11.63
Rate
$195.00
$195.00
Date: 10117/2011
Rate Charges
$195. 00 $438.75
$195. 00 $253.50
$195 .00 $526.50
$195 .00 $780.00
$195 .00 $195.00
$195 .00 $171.60
$195 .00 $97.50
Total Fees $2,462.85
$2,462.85
i
m
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in tripli jet" M PROTHONOTAR I
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the M1TE1tte6foQjQie56
Argument Court.)
---------------------------------- -- ------------------------------------------------- - -
R -A _ No COUNT
CAPTION OF CASE ^U1
(entire caption must be stated in full) PENNSYLYAhIiA
Shannon Reese
vs.
Security Savings Systems, Inc.
No 4175 2011 Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiffs Motion for Summary Judgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Larry A. Weisberg, Esq.
(Name and Address)
2041 Herr Street, Harrisburg, PA 17103
(b) for defendants:
Mark C. Duffle, Esq.
(Name and Address)
Law Offices of Johnson Duffle, P.O. Box 109, Lemoyne, PA 17043-0109
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
February 24, 2012
Print your name
Plaintiff
Date: February 1, 2012 Attorney for
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
0.wA ?%19.75P!4 UHi?
R-4- 'bo-)
?
Larry A. Weisberg, Esq. (PA ID # 83410)
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
(717) 238-5707
Attorney for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy
of the foregoing Praecipe for Listing Case for Argument was served on the following:
Mark C. Duffie
Law Offices of Johnson Duffie
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(Attorney for Defendant)
Served by certified or registered mail, postage prepaid to the above address
vim- - 1 l
Date Larry A. Weisberg
4
SHANNON REESE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 11-4175 CIVIL
SECURITY SAVINGS
SYSTEMS, INC.,
Defendant
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS, P.J., EBERT AND PECK, J.J.
ORDER
AND NOW, this z day of February, 2012, the Court being satisfied that there
are contested issues of material fact in this case, the motion of the plaintiff for summary
judgment is DENIED.
BY THE COURT,
If Larry A. Weisberg, Esquire
For the Plaintiff
Mark C. Duffie, Esquire
For the Defendant
:rlm
A. Hess, P. J.
-
am
-
Mw
y
: m n
rn
co
?...??
--O
70
a- rn
;ZJ
} o
320
N
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
-:11
ON REESE NO. 11-4175 Civil
SHANN
Plaintiff
4
tar-
,
CIVIL ACTION - LAW
S
ECURITY SAVINGS SYSTEMS, INC. v ? cn
?- .<.
S
Defendant
ORDER OF COURT
AND NOW, .3? , 20_L4--v In consideration of __9??A the foregoing petition, X'4--a- -e- , Esq.,
S
Esq., and 4
Esq. are appointed arbitrators in the above-captioned action as prayed for.
BY THE COURT:
P.J.
Distribution:
? Larry A. Weisberg, Esq., McCarthy Weisberg Cummings, P.C., 2041 Herr St.,
Harrisburg, PA 17103- 1624 (Attorney for Plaintiff)
Derrek W. Cummings, Esq., McCarthy Weisberg Cummings, P.C., 2041 Herr St.,
Harrisburg, PA 17103- 1624 (Attorney for Plaintiff)
/Mark C. Duffie, Law Offices of Johnson Duffie, 301 Market Street, P.O. Box 109,
Lemoyne, PA 17043-0109 (Attorney for Defendant)
ec,',eS, ajed 71jll I?
dI
SHANNON REESE
In the Court of Common Pleas of Cumberland
SECURITY SAVINCJS SYSTEIV~~,'C. County, Pennsytvania No. i t-41_~r ~ _-CIVIL
Defendant
Name
JAMES D. BOGAR LA~~V OFFICE
Law Firm
1 WEST MAIN STREET
Address
SHIREMANSTOWN, PA ~ 7O 11
city, 7.ip
Oath
We do so{emnly swear (or affirm) that we will support, obey and defend the Constitution of the United States
and the Constitution of this Commonwealth and that weFwill discharge the duties of our office with fidelity.
~--~ ,,
~-
`~ __ .--,
_ ~-1 ---
Sig ure ignature Signature
LISA MARIE cOY1vE, ESQ. JENNIFER HIPF', ESQ. BRET SIJAFFER, ESQ.
Name (Chairrr~an)
COYNE & COYNE PC
Law Firm
3901 MARI{ET STREET
Address
CAMP HILL, P'A 17011
city, -__
zip
Award
Name
BARK SCHERER
Law Firm
19 W. SOUTH STREET
Address
CARLISLE, PA 17013
city,
Zip
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: ~Tlote: If damages for delay are awarded, they shall be separately stated.)
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Date of Hearing: OCTOBER 11, 2012
Date of Award: C~~ r:. ~~ ~ r~ e.~. ;~ . 2c~ ~ Z~
Civil Action -Law.
.Arbitrator, dissents. (Insert name if applicable.)
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rtARIE COYNE, (Chairman)
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Notice of Entry of Award
Now, the __ /$~ day of D~,c~ , 20 /~ _, at _ /'~~~~ /° .M., the above
award was entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $
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Prothonotary
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°- Deputy
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Johnson, Duffie, Stewart ~ Weidner
By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Phone: (717) 761-4540
E-mail: mcd@jdsw.com
SHANNON REESE,
v.
Plaintiff
SECURITY SAVINGS SYSTEMS, INC.,
Defendant
NO. 11-4175
CIVIL ACTION -LAW
PRAECIPE TO MARK THE DOCKET SETTLED SATISFIED AND DISCONTINUED
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly mark the above docket settled, satisfied and discontinued.
McCARTHY WEISBERG CUMMINGS,
P.C.
By. ~~---~_.
Larry A. Weisberg, Esquire
Counsel for Plaintiff
DATE: I ~ - 2. '? - 7 ~--
Counsel for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHNSON, DUFFIE, STEWART 8~ WEIDNER, P.C.
By: ~./t
r C. Duffie, Es u
Counsel for Defendant
DATE: ~ f • 2 ~- ~ 2
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe to Mark the Docket Settled,
Satisfied and Discontinued has been duly served upon the following counsel of record,
by depositing the same in the United States Mail, postage prepaid, in Lemoyne,
Pennsylvania, on November aFf , 2012:
Larry A. Weisberg, Esquire
McCarthy Weisberg Cummings, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Mark C. Duffle, Es ire
:527255
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