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Home My WebLink About12-2727• Steven R. Snyder, Esquire PA Attorney License No. 90994 Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 FAX (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MICHAEL LENKER Plaintiff V. Docket No. ?a 7 0, i/iL ?lvti CMI PRINT GRAPHIX, INC. D/B/A/ Civil Action - LAW CYBERNET INFORMATION MEDIA, INC., AND CHARLES ROTHSTEIN, INDIVIDUALLY AND AS PRESIDENT OF CMI PRINT GRAPHIX, INC. D/B/A/ CYBERNET INFORMATION MEDIA, INC., Defendants N O T I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 ? t IU Lv ±? £"y AN -G r trijt?`tlr,?i4H?o E ? PEldtd YL?A iA? ? 12 J N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la facha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en Persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Steven R. Snyder, Esquire PA Attorney License No. 90994 Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 FAX (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MICHAEL P. LENKER V. Plaintiff Docket No. CMI PRINT GRAPHIX, INC. D/B/A/ Civil Action - LAW CYBERNET INFORMATION MEDIA, INC., AND CHARLES ROTHSTEIN, INDIVIDUALLY AND AS PRESIDENT OF CMI PRINT GRAPHIX, INC. D/B/A/ CYBERNET INFORMATION MEDIA, INC., Defendants COMPLAINT NOW COMES Plaintiff, Michael Lenker, by and through his attorney, Steven R. Snyder, Esquire with the Law Firm of Rominger & Associates, and files the within Complaint, and in support thereof, avers the following: Plaintiff, Michael Lenker is an adult individual with his address at 438 factory Street, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant, CMI Print Graphix, Inc. d/b/a/ Cybemet Information Media, Inc., (hereinafter referred to as "Cybernet") is a Pennsylvania registered corporation, with its business address located at 937 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Charles Rothstein, is an adult individual, President and CEO and only stock holder of CMI Print Graphix, Inc. d/b/a/ CyberNet Information Media, Inc., with his business office located a 937 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Upon information and belief, it is averred that Cybernet Information media, Inc. is a subsidiary Corporate Media International, Inc., both of which Rothstein is listed as owner and CEO. 5. Cybernet Information. Media Inc. was established in or about September 2012, when Rothstein transferred CMI Print Graphix, Inc. a subsidiary of Corporate Media International, Inc. with its address at 1110 South Ave., Executive Suites at the Gardenns, Staten Island, NY, 10314-3403 to the managing control of Cybernet Information Medea, Inc. 6. Cybernet Information Medea, Inc. also has managing control of Sparta Digital Print, Inc. located in Red Bank, New Jersey. 7. CMI Print Graphix, Inc. was formally named Carleton Communications, Inc. 8. All of the aforesaid companies are or were owned and operated by Rothstein. 9. Plaintiff worked for Defendant, Cybernet Information Media, Inc. from November 24, 2010 until February 13, 2012. 10. Plaintiff resigned his employment with Cybernet on or about February 13, 2012. 11. At the time of Plaintiffs resigned he had not been paid for seven (7) weeks prior to his resignation in the amount of three thousand, two hundred, ninety one and 90/00 ($3,291.90). 12. For the seven weeks for which Plaintiff has not been paid, Plaintiff worked forty hours at his regular pay rate of nine and 50/100 dollars ($9.50) as well as over-time and holiday time as follows: Work Week Pay Date Regular Hours Over-time Hours Gross Pay Due 11/06/11-11/12/11 11/18/11 40 hrs. 17.60 hrs $630.80 11/13/11-11/19-11 11/23/11 40 hrs 3.89 hrs 435.43 11/27/11-12/03/11 12/09/11 40 hrs. 11.02 hrs 537.04 01/01/12-01/07/12 01/13/12 40 hrs 8.00 hrs (holiday pay) 457.00 01/15/12-01/21/12 01/27/12 40 hrs 9.75 hrs 518.94 01/29/12-02/04/12 02/10/12 40 hrs 0.75 hrs 390.69 02/05/12-02/11/12 02/17/12 32 hrs 323.00 TOTAL 274 hrs 51.01 hrs $ 3,291.90 13. When Plaintiff resigned, he requested that he be able to come to the workplace and pick up his pay due. 14. Plaintiff was advised by Defendant on February 17, 2012 that there were no funds available to pay his the wages to which he was entitled. 15. Plaintiff learned from other employees that Defendant was able to pay other employees and contract workers out of a new bank account opened at Orrstown Bank on February 17, 2012. 16. At no time did Rothstein ever inform Plaintiff that he was not entitled to the wages as set forth herein. COUNTI DEFENDANT'S FAILURE TO PROPERLY FILE NOTICE OF APPEAL 17. Paragraphs 1 through 16 are incorporated herein as if set forth at length. 18. Plaintiff filed suit against Charles Rothstein on February 27, 2012 in Magisterial District 09-3-05 in Mechanicsburg, Cumberland County against Plaintiff, in order to receive the wages he is due. See Exhibit A. 19. On the date of the hearing, Defendant did not show up for the hearing, and Plaintiff was awarded default judgment in the amount of six thousand, five hundred, eighty three and 80/100 dollars ($6,583.80). See Exhibit B. 20. Defendant filed a Notice of Appeal, after not attending the hearing, which was mailed on April 14, 2012. 21. Plaintiff received the Notice of Appeal on April 16, 2012. Exhibit C. 22. The Notice of Appeal, which was filed by Defendant is defective, in that the Praecipe to Enter Rule to File Complaint and Rule to File was incorrectly filled out and reads, "Praecipe to Prothonotary: Enter a rule upon..." and where the name of the appellee should have been included, Defendant hand wrote his own name, "Chuck Rothstein." WHEREFORE, Plaintiff request this Honorable Court enter Judgment in Plaintiff's favor and Order that Defendant did not properly file the Notice of Appeal, in accordance with the Rules of Civil Procedure and award Plaintiff damages in the full amount of the Judgment plus court costs, attorney fees together with any other relief this Court deems appropriate and in the interest of justice. COUNT II BREACH OF CONTRACT 23. Paragraphs 1 through 22 are incorporated herein as if set forth at length. 24. Plaintiff and Defendant entered into an employment contract whereby Plaintiff agreed to work for Defendant in return for Defendant's agreement to pay Plaintiff for the hours he worked. 25. The contract was supported by mutual assent and valuable consideration. 26. Defendant breached the contract between the parties, when Defendant failed to pay Plaintiff the wages owed to him as set forth above. WHEREFORE, Plaintiff request this Honorable Court enter Judgment in Plaintiff's favor and award damages to Plaintiff in the amount of the wages owed to Plaintiff as set forth above and in an amount within the statutory limits of arbitration, as well as court costs and attorneys fees, together with any other relief this Court deems appropriate and in the interest of justice. COUNT III VIOLATION OF THE PENNSYLVANIA WAGE PAYMENT AND COLLECTION LAW 43 PA. STAT. ANN. § 260.1 ET SEQ. 27. Paragraphs 1 through 26 are incorporated herein as if set forth at length. 28. Under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Stat. Ann. § 260.1 et seq., every employer is required to pay wages within certain periods of time as follows: (a) Wages other than fringe benefits and wage supplements. Every employer shall pay all wages, other than fringe benefits and wage supplements, due to his employees on regular paydays designated in advance by the employer. Overtime wages may be considered as wages earned and payable in the next succeeding pay period. All wages, other than fringe benefits and wage supplements, earned in any pay period shall be due and payable within the number of days after the expiration of said pay period as provided in a written contract of employment or, if not so specified, within the standard time lapse customary in the trade or within 15 days from the end of such pay period. 43 Pa. Stat. Ann. § 260.3(a). 29. The Pennsylvania Wage Payment and Collection Law at 43 Pa. Stat. Ann. § 260.9(a), further provides that employees may sue to recover unpaid wages and counsel fees in any common pleas court, providing in relevant part that: § 260.9a. Civil remedies and penalties (a) Any employee to whom any type of wages is payable may institute actions provided under this act. (b) Actions by an employee, to whom any type of wages is payable to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction. 43 Pa. Stat. Ann. § 260.3(a) and (b). Emphasis added. 30. An employee may also recover liquidated damages in an amount equal to 25 percent of the total amount of unpaid wages pursuant to 43 Pa. Stat. Ann. § 260. 10, which provides in relevant part that: § 260.10. Liquidated damages 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 employee shall be entitled to claim, in addition, as liquidated damages an amount equal to twenty-five percent (25%) of the total amount of wages , or five hundred dollars ($ 500), whichever is greater. 43 Pa. Stat. Ann. § 260.10. Emphasis added. 31. Under the Pennsylvania Wage Payment and Collection Law, a prevailing employee is also entitled to attorneys fees from the employer as follows: (f) 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 Pa. Stat. Ann. § 260.3(a). Emphasis added. 32. Recovery under the Wage Payment Law is also not limited to recovery against the immediate corporate employer. Instead, the Law also allows recovery against the president, CEO or other decision makers whose decisions resulted in unpaid wages. See International Association of Theatrical Stage Employees v. Mid-Atlantic Promotions, Inc., 2004 PA Super 276, 856 A.2d 102, 105 (Pa. Super. 2004). 33. Defendant has violated the Pennsylvania Wage Payment and Collection Law by failing to pay Plaintiff s wages for in excess of thirty (30) days. 34. Defendant Charles Rothstein, is also personally liable to pay the unpaid wages as well as liquid damages and attorney fees owed to Plaintiff. Id. WHEREFORE, Plaintiff request this Honorable Court enter Judgment in Plaintiff's favor and award damages to Plaintiff in the amount of the 1.25 times the wages owed to Plaintiff as set forth above as well as Plaintiff's court costs and attorneys fees, together with any other relief this Court deems appropriate and in the interest of justice. COUNT IV VIOLATION OF THE FAIR LABOR STANDARDS ACT, 29 U.S.C.S. § 201 ET SEQ. 34. Paragraphs 1 through 33 are incorporated herein as if set forth at length. 35. Section 207(a) of the Fair Labor Standards Act, provides in relevant part as follow: (a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. 29 U.S.C.S. § 207(a)(1) 36. Defendant business is involved in interstate commerce. 37. Section 216(b) of the Fair Labor Standards Act, provides as follows: (b) Damages; right of action; attorney's fees and costs; termination of right of action Any employer who violates the provisions of section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. 29 U.S.C.S. § 216(b) Emphasis added. 29. Defendant has violated the Fair Labor Standards Act by failing to pay Plaintiff's wages and overtime as set forth above 30. Pursuant to the Fair Labor Standards Act Plaintiff is entitled to be paid two times the amount of wages unpaid by Defendant. WHEREFORE, Plaintiff request this Honorable Court enter Judgment in Plaintiff's favor and award damages to Plaintiff in the amount of two (2) times the wages owed to Plaintiff as set forth above as well as Plaintiffs court costs and attorneys fees, together with any other relief this Court deems appropriate and in the interest of justice. Date: May 2, 2012 Steven R. Snyder, Es ire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Fax (717) 241-6878 snyder@romingerlaw.com VERIFICATION I, Michael Lenker, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: Steven R. Snyder, Esquire PA Attorney License No. 90994 Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 FAX (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MICHAEL LENKER Plaintiff V. Docket No. CMI PRINT GRAPHIX, INC. D/B/A/ CYBERNET INFORMATION MEDIA, INC., AND CHARLES ROTHSTEIN, INDIVIDUALLY AND AS PRESIDENT OF CMI PRINT GRAPHIX, INC. D/B/A/ CYBERNET INFORMATION MEDIA, INC., Defendants Civil Action - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the Charles Rothstein, individually and on behalf of CMI Print Graphix, Inc. d/b/a/ Cybernet Information Media, Inc., as required by the Pennsylvania Rules of Civil Procedure for original service of process at the following location: Charles Rothstein, President CMI Print Graphix, Inc. d/b/a/ CyberNet Information Media, Inc. 937 Nixon Drive Mechanicsburg, Pennsylvania 17055. Date: May 2, 2012 Steven R. Snyder, squire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 EXHIBIT A Ca[+ MONWEALTH OF PENNSYLVANIA COUNTY OF_ Curnherland ii!dy!?tCi [AI tSISttfLi iSU:a:ttC/ryy'rr}? r?[' miName: Hon- Mark W. Martin AQaress: 507 N-r 1 Y00iSW. of Sa ciay Built33lr7 k1le t3rinlesbuic. PA 47055 AMOUNT DATE PAID F I L I N C^S-S s CIVIL COMPLAINT FLAN-' T IFF: g4l`r i ni A--D 5 S Michael P- Lelike, 433 Factory Street Car) isle, ?- i 701 v5. DEFENDANT; t,Ckla?IUAr0RES5 ' Chuck Rothstein CEOIOwner yber,net s33f3ri738ti0;i Media iF3i, 0 3'7 N"xo urge f P.O. LvX 854 il??Cik:'iE?,Su?ro ?G i?t`hF Locket No.: Hate Filedt -`l ?J POSTAGE Social security numbers and financial information SER D`ICE'-COSY (e.g . PINS) 51701?Id not be listeb: tf the identity - of an CONS TABLE cO. S account number nIust be established, list only the TOTAL S f last fouri,' digits. 204 Pa, Code §§ 293.1 - 233.7. Pa. R. C.P.C. J. No. 206 Sets f:'.rl h = ase costs reccverai}le t, v 'e arevang o ai"v. TO THE DEFENDANT: The above named plaintiff(s) asks Judgment against you for $ £563.80 _ together with costs upon tie following claim: (Civil fines rrust include citation of the statute or ordinance violated): INTRODUCTION Th s :s a dvi' corrt'i3i brouOi to ob a:r. movie. a ; rP:Fe' on be:` c.,.. a!F of t1he €eridaii:. far violations of the , t1 he Pennsylvania 1'?a9 a-. e rayyen, a96 Col e-icr Law, 43 Y S 5 ^oC` e< see_, ti,e Pcr•nsy.??,,. `r Soma a 3r,,: ,.rum-'Wage pct. 43 R.S. § 333.101 et seq. The F;;- Labor Standards A-ct o° 93.3. as ^de . 29 _.S. 2r? t as ueli as ather rights, obligations. privileges and tenef4s owed I m. the defendarr- 2. This complaint challenges the defendant's aenlai to plaintiff of the rights, ocligatior?s. privileges and benefits owed to him as an employee. 1. Michaet P. Lenxer ,vrify that the facts set fortis in this eompiaint are true and correct to the best of my knowiedge. information, and be`iet. This statement is made sub ect to the penalties of Section 4gO4 of the Crimes Code (18 PA. C.S. § 4904) related to unsworr faisificat;on to authorities. If I f ignatureOf Plalutiff or r Authorized Agent) The piaintiffs attorney sha l .s a an entry of an pearanlce with tt e -D. -1- J. 207.1 . IF YOU INTEND TO ENTER A DEFENSE TO THIS CO 'PLAFadT. YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER, YOU MUST APPEAR AT THE HEARING XND PRESENT YGUIR DEFENSE. UNLESS YOU DO. JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is withir: s nagiste8al district judge jurisdictiorq and which you intend to assert at the herring, YOU MUSt t lP; t a a Cotrlp.a f form at tp`s, c` ice o: :east 4i-ve (5 days before the date set for the theanng. If you are disabled and require a reasonable accommodation to gain, access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. .j P ARTA US ?. P ttlniltf NI itiiiiti R Ir...i;'.fif"+ S 3. I'_x?V +u:.., :2`:t.':3i` sI° C it ?is iC'_ r3?,..Pi1? ? cI111 4. Maintifi` Lenker worked as a bindery supervisor. later being labeled digital managger by the We President of Operahms {z?-- Ctber et Information Media. hic, from N.oember 24. 2010 to t ebn rv 13. 26 1 _ 5. Defendant- Chuck- Rothsteili CFO/Owner of Cvbernet. information N- feclia Inc. a subsidiary of a .Demxvare: corporation a place of business and ',production in Mechanicsburg, Pennsylvania Q :emer lI';,tlrnlO'_>ti Media Inc ti 4Ili=1i'C ? in pro iditig primed me6a and ?ilc,t?il'.U leit Ii Ca in Pennsylvania, Natk c'dy as mH as lnte:;lationali ,- due to safe; over the web. 6, Cybenwi Information Media irii is a st"bSidiar c)f cor;)Or<it XI dia h-rcl narional Inc- whereas Chuck R: hst >.;" is a "so 'Sze a.. Oe C. CV i..`_ i'e.he N1C'a a 11,c. \Aa.'' establisbed in or about Sepy`mbe 2612. when t1he ddfi Tdan-.t xmns-_e-red C`'ll PrimgmpWx hie. (formerly Carleton Communications Inc. ) another subsidiary of Corpurate Ntedia International, Inc. into the managing control of C ybernet Information Media Inc_. Cybernet In o:-mat: fi, Media. Inc. also Efts . a-niaigi g c Ci,t-O.1 Oj Sparm Digital Print Inc. located in Red Bank. ?elv Jersey- Corporate Nte' is h1teFF-WiO'Q1i hic. declares their address at, 1110 S()':iil? AS'( ue, Emcutive Suites iii lie (, ardens Stated lslatld. Nt' 10314-3403 ALLEGATIONS Intendant has denied ?3? j rune t of tll • 'k a`ses to the plaimzi T for d:e .t)I ing 5-, eks current pay rate of ,'1.50 per hoi..r _ ?, _ Ut. 11.06/11-1 1i1211 i ; V181; i 4u In 7,60 ?irs $630.80 11127 11-12/0 3i 11 I?t`N 11 70 ivy 11 02K. `03T04 O Ui. 1201 ' 2 011302 40 h m. IlC=1.-S 10 1 I-s. S41 6 j!s 014512-9112102 ':j 1127; 12 Uhs Q 75 hm, HAN4 0I! _ .: I 2t7_=_ 02110/1: 10 lli"S. l> tlF'+. S-11010 (1?1 0111120711`12 O " :" l _ _ - hrs. Apz)ro:iln ,z.e ' S323 A) TOTALS -2 7:11-, 5 1 f (W ienker VS. rotliSre'!i f cybe'net inforllial-ion life Dia inc- rage .? ACTS GIVING RISE T() _11-HE CAUSES Of' CLA M C+. ><' v: ii 3.....a; 0_1 ..:.1 .t?;i`;.° 9. Plaintiff is owed 7 weeks of eariiee pay. 10. Plaintifin fis i`'zit nat an je e. -eque-sted JleT,e da,:t i ;t t eck_z art t?a plaintiff .N-Vidl iwti tl? Ii? ?, 1 _:t : i' Februa 1? I1. Fl,aiiitl,t ,Ice 'ed an$ fro; eiee'.. i- lcc uLiix".'e.'•Puai?, 2011... .?eCl<ii-'2i(_y there v ere no tiincs w pxv .: i l3. Defendant x-vas =pie€} able to pay other Current emolo ees aB?_: 411r racil-C-1 workers out of a new account opened vidi Orrszown Bank on Fridav l=ebruar:r = T 201`' i?. Pialnt=ft `g=as then idso rde3?ied aynnen of avy oxved chei_. °_ i5 on _: ,s is `Ilt?i 'i , '012 when defendant ..sainnev Mli 11;',T '1 i21 '1 Y: t esi«e `? ? . iTi}?11i ,)f Labor 4. Phuntiff receive an et a._ l ; met? :' v- 5; Nvage and Blur In, est ' l or .affil ± t i as, L St' it Cri c`li ree--heat he-tvveen the Delpar`meT t tax c1bC`; <2t1 i the Ie?C 114:x:1'; 15. Plaintiff was an Integral part O'det'end-s:nt_s bu3iness. and the services lie nerfornied were essclitial to the ConcuCt Of L11 "tt411'ir? . A s gniliCaiit .anioui._ o1eN u.. i ar ti ? t eL' a: .J! It ?. t:s3c' .?...4, - ii_ s tc : ..icrned )v defendant ;has n "o-f alt d iit it_i s'.;tl eac ? _ i': s3; l It tl r eceit. CO iii ?i3?T S r i.? 1i1 17. Plaintiff Was at a pav rate- oIV) it' per our at the time Chi rc:signatlo,i 18. Defendant was mid is oOlii-,ated bN la.ti w L)ro ide Cerraii, t?enefszs. ri<_;t3ts and. pri-A,l ? es to their enlt, - ;. 19- these i,:L ime. bLil ? e n0x to. r Ttiii= -i Wa es,_ for all tVC:rS •-c.-> M - ; - ra<rt rtC- e a- t ie it".re t:; , i-)_ ite t??1?.____. Si Overtime i?[I ioi sk Pei F riaCC il' Of a-ii.' ner i. eii-- ?. 4 PENNSYLVANIA NV"AGE P AYi4Tli NT AND COLLECTION LAW =43 P__ Zli. Tit ser. r 4i .ice i ct:i`.:`it.S , :en<?tli lenker VS- rothstel ( c `sJet"'let Infoi-nation nie` is illc. Page 2 -I o vanes 10 'las?-,- ?ipw Me number A Ours they ..... Defendant "reached its ob!iEgat ors by °m4a,(; n4 Ssf the cttli.E uSJ#. 23. t efC. _.i.0.+tt has Owt, ..._.. S-., _t. I& Wm e .,._. mn . t y .. 4 C.1elanda. -s _md's-i:`t c - -. o,,_._.:s of T e aw. -_ P '9 1 Ma 1 _. PENNSYLVANIA MINIMUNI WAGE ACT 43 P. 32 fa. Plaindi i'cer'prwates a. preceding „m, y1 ahs : ' rr?? i 3 J??'1.:111. t3i?_Y is Sr_ii nv at _a -,-,ni PA defandam- 27. Dell indant 15 obligated -1i silk' pla?nd O en ve Pa O; -1 u , work t,- j T1 excess o" 40 haws pw week. ?3. Defenc,.-a t H FAIRE :kBOR SA N D.-kRDS AC= -af 19-38' . ten tended ? 29 ?.°.S. C, ? 20 7 c=' se,,; 29. Plainti'i it2Go5'pot-a,[ S ...'._ pr dl;n paragraphs as t'<t u h Rifl 4:v ffsT Il a, length herein damages through -lue J_ STAYUTEMLAE: fir' .-Ige pa",,mei€T amf C-alli `'timl Law X%, AI f' ten Pei "S _rths z in q. bern t iiifuri-iiafion n-pdia uiC'_ pme.3 €m';-u_ anc, .lt (i:C for "-)Ia ions Hie cw p .i ,S A the Y s__'-o . at_ l I'br ddiiio } E vi\- 3? .fie RepOar Payday 9 PS. § ?6U iui V4-ages O 1ht _i'{`i!a _ln ..'u' £: .: r : i cav iii! paydays .es a- ed --r- ov t_ {" i r? c! i., 1=,?1i 4L + as iierlefus an ape supplements- ments- G. _. _. Li 'si_t' j-)-IV ie_.''jl: 11f`?s. t r Lill El`'C1 P %1"?;??? within, the n- .umber o d avs after he e .t_aat%7 a s Ad pz p r)" ^c. ps i contract ore?npbymeot o if i,w sE? Spet;ifie i, withir the -ta dark th-me,, )a-ps Ci strF) ary in the trade or within 15 d is firo • v-.e end of such pa period. The vi'ta`;, s All be amid A] 3t; ful inoj'ie ?' of al e I, t?itet 5t;tl:',_ or chec ?_ o.cc t _ cdi c. ion pro- ,t;?t ? ^S ' - is . or as >1?t?orized b eg-ulatStii? cif the Den an. 3tent L b_?` _ t:.. ii_?t_.. °,r? _ i ho ?;i.!4.efii awe ?-t (lie enn lo- °_ m;-Ii: l._ .3 a e .'l _ : d.:i-._s' €z`' ._,S.c. + °{i,, t-, Employes AA'ho Are Separated from P iv rail before Fla.-da1. s 43 PA § 26a5 (a) Separated Enn--, loi es lklhene-! e an C"_ pf,.ly `'_-c*_rd-'* an E.?'t- oyt lE' 3t:s file pelt' ol-I ar,ie'. ne aiu ._ •la. .. sy } . _ - is 1 lc' ZE flaymC'F. Ad! be :,-ays `L by m?x..`tL ':?ti !"conditional Payment of Wages Conceded to Be Due Incase :. ti. a ».C cL e. :. ..+.e4_ x- cmplojer shall Q .: 10.... lil!t :., e mil`. w Or his course of the anioun: of v aces which in ewlzeje:? i'mv WO n' 7 I1011-It S',..,.. 12 - , ..-,.i_..- ._ _nn the . __ °_ et _ ? ..?.. .1i? _ I"tip _ }?(t _`£ OF ;i??- pi1L t.:P':1 made S. ,c:'' not i.i .`tjt€L=`lc 7IG_a.. e is ._ K its, Zm€.. ft`, AN Civil Remedies and Penattics 43 VS. V 260V I ;1l Any t t.t'!., L;' r L ,_f _ . i t., a _ C'cove. Y ,.:' W vac es anj Jl f idlzl a-(' ti rla+e_ .i. be :J 3{. z _f':... i. in tf {::o.ll_).lk. 4 ci_??ni'iw`e:ir !iit;Jl;C-von, .74 sud'.. W or ovua ;r ¢3on 'pal--y to .thorn .i rv e of is navable or ainy one or more employes for and in behalf -o hii ?Self or tiie,nsel.es and other emgployes sin-il.i si Kiev. fir, sudl, ernpioye or ei-npi e'es mav ti ezig;jn .le all agent or represernlativ-'e to maintain such ac ion tai or holctti ofa tnnP o:- s AWAY QuWK Any such employe, labor organization, party. or his representative shall have the power to settle or adjust his claim frsf }unpaid wages. Criminal Penalties 43 PS. t 26111. (a) the secr€twl- or any e-implov . Fgrouip of e" -n$ ioyes, abor organ iza-.-ion} o!- part-? z•: ri'hoin an-v type ofi ages is payaWc ii P ITIMUIC j:'cOKCttiis# under As eal (b) In addition to any other penalty or punishment otlierik ise prescribed by law, any employer who violates an'i provisions of this act dials be. QUy of a sz:ittmm-y offenme, and- Lion co:lvictioin there^:E_ sliaiE_ be pLlliiS 2's"d h- a -117n ot'?sot more tban, three hundred dollars ($300)_ or by impriss. nine'1 Li to '_`'`0 ila?'?_ or by both. Ar each Mae. ae. The i'-, od ?l:tii comeg l .3iti}} ! e by an e.n} ;f ter o ,.__t? wage 4 a } 3e =t t . e_`f . assa'f'io n o a That f _ That the employer ; has pi d H , m due in zs L_ be . :i_ai_. in ae _ asseme!: itJ be silt?if'•:. to a !, tM 4.`3? set-col" ter soun:e _.aim. ,._.,t o l -i,cs 'o Oil a.C..count of or for tlie'hene ie Mach ..!F...`. Filw-'Cl F .C'?:' `:ha'l. a S-t of aai"u s{w325f'- (c) Where such employer is 3 eor-poration. ihe (reside it, Sercretar tPEasu r or Clt1kers t?erCiYiinLT eC3rf Si}on,d. s ,, l-`n,_ `1u<eacfi () f ui cll at t" ns } i 4 :i..«:.i ; he ;ie Si..t sU?izl,_ L.: C'- 61rofu'uh the ..?e'ca::"s21t3_ o Res .:€7l r....,., The Fair t.aabor• Standards _Act of i9y8, as .->ma"arded U s S.C-. § 201, ei seq.) Mi€r411€€n7 NN ages. ? 15., n- . e-S - it i c--;- j - e sh 1! -q ? 4 0 T : ., e i' f S SL r??. 6 (a?1 3?..:1 Cif ?11"° - i"to c L - _.. z.. .. . L.s . _., t C: in tit1T?ilierCd or in ,:"7e ti:a ':'__:o?: c--goo-is -° - .. _=`..-w. Penalties shawl SEC, i (o) .?„\ 6'o' .'iluioiCi tl,iio .ttes c dr. islo ? o:"j2v_y;. 01 i; , rcool: - AS -S w L be liable to the cm-pIoyee or employees affiecte ir, the arnjot; ? of i:'i it unpaid i'-linh num tLtiY,.T,Es- or ` w unpaid overtime ewirpensation, as the cme nmy he, and in an addifionll equal amount a.,., FiqtaadKed dwi I _z e 5 ?E ?_k-- =' `; S. n ti" Y,s?i f t yi; i I'f ` in for ??7a, i`aiet?nr7 in c. PRAYER FOR RELIEF XNTMREFORE. plaintiff asks this court 10, a. Enter an order for iniunictive and declaratorv relief as described herein: h. Enter judgment in favor of the Plaintiff for damages suffered as a result of the conduct alleged herein, to include interest and prejudgment interest- c. Award plaintiff liquidated damages. c. Award plaintiff reasonable attornev%; fees an6 cost,:. d. Award plaintiff punitive damages in an amount to be determined by the court-. e. Grant such outer and ft.rther le<_?ai and equitable relief as the coast deems just and necessarv in accordance of law. Zenner VS. rothstein {' cybernet information media inc. Page 6 EXHIBIT B COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of JudgmentlTranscript Civil Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-7664575 Michael P Lenker 438 Factory Street Carlisle, PA 17013 Disposition Summary Michael P Lenker V. Chuck Rothstein Docket No. MJ-09305-CV-0000049-2012 Case Filed: 2/27/2012 MJ-09305-CV-0000049-2012 Michael P Lenker Chuck Rothstein Default Judgment for Plaintiff 03/30/2012 Judgment Summary Participant Jointf5everal Liability Individual Liability Amount Chuck Rothstein $0.00 $6,583.80 $6,583.80 Michael P Lenker $0.00 $0.00 $0.00 Judgment Detail ("PostJudgment) In the matter of Michael P Lenker vs. Chuck Rothstein on 3/30/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $6,583.80 $6,583.80 Grand Total: $6,583.80 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMM PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CML 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-OT41ERIMSE £OMPUES WFTH-THE-JUDGMENT..-- - - - - Date Magisterial District Judge Mark M artin certify at is is a true an correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 04/0312012 11:52:27AM Michael P Lenker Docket No.: MJ-09305-CV-0000049-2012 V. Chuck Rothstein Participant List Plaintiff(s) Michael P Lenker 438 Factory Street Carlisle, PA 17013 Defendant(s) Chuck Rothstein 937 Nixon Drive Cyber-net Information Melia Inc: P.O Box 854 Mechanicsburg, PA 17055 MDJS 315 Page 2 of 2 Printed: 04/0312012 11:52:27AM EXHIBIT C t COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.? ' F 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 District Justice on the date and in the rase referenced below. DATE OF AJDGIwEM IN THE CASE OF cam! (OrAwdrn' OOcKETN0. 31G/MTUREOF APPOIAMOR ATTORDEYORAMIT This block will be signed ONLY when this notation is required under Pa. If appMW was CAW" (see Pa. R.C_P.D J. No. 1001(6) in action RC.P.D.J. NO. 1008B. This Notice of Appeal. when recehved by the District Justice, willoperate as a before a District Justice, A COMPLAIN" MUST BE FRED w Wn Mwity SUPERSEDEAS to the judgment for possession in this case. (20) days aftrN ft NOTICE of APPEAL of y-0W Y PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sectbn of bm: to be used ONLY when was DEFENDANT (see Pe.RC.P.D.J. No. 1W1(7) in action before Dist & Justice. IF NOT USED, detach from copy of notice of appeal to be served" upon appeyee. PRAECIPE: To Prothonotary Enter rule upon appellee(sj, to tie a complaint in this appeal Noma of aRwM &) (Common Pleats No. wit twenty (20) days after service of rule or suffer entry of judgment of non pros. Sfyr?atus olapp?fr+f oratlarrwy araDrtl RULE: To appellee(s) Noma ofap mNoo(s) (1) You are rallied that a rule is hereby entered upon you to file a con nt in this appeal within twenty (20) days after the date of service-, of this rule Wony66'4 owsonal service or by oertMfed or registered mall. (2) tyoU do not file a 'or> d within this tune; a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. --(r ,Thh@rdate of servioA of thissule if service was by mail is the date of the rnaiing. , . ; Date: .20 SJgaxue orpro(ho my of Do" Y6U -MUST INCLUDE-iA_ COPY OF THE NOTICE OF JUOGMENTfI RANSCRLPT FORM WITH THIS NOTICE OF APPEAL AOPC 312-02 WHITE- COURT RLE TO BE'FXED VMH PROTHON01ARY GREEN- COURT FILE YEUDW -APPEL M rS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO 13E SERVED ON DISTRICT JUSTICE r V?A f'{4 in 1 (-XI t I a? A v --j O "rte M it O C3 0 --?-? o- Ln o -- m Ln M CD O S y ftK N M. W woo?..? ? ao ?y dt? :D I N ' U C ) a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ????1?ti. o{ ?n+ul+pp?fi?f 'L.ED- OFIC;E F= 1d l PRA g fi?Pd?3?/'x?r 2012 MAY -8 AM 9= 56 IUMSERLAND COUN-rY PENNSYLVANIA Michael Lenker vs. Charles Rothstein Case Number 2012-2727 SHERIFF'S RETURN OF SERVICE 05/03/2012 03:15 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 1515 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles Rothstein, President/ CMI Print Graphic, Inc., by making known unto Jeff Seilhamer, Salesman for CMI Print Graphic, Inc. at 937 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.45 May 04, 2012 RYAN BURGETT, D SO ANSWERS, RON R ANDERSON, SHERIFF f", CCU^+v9uite Shea ai.. I eiea;urt. 1, r 1 2 3 4 5 6 7 s 9 10 11 12 i I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 1.iE f?.?. r? I r nJ ? IN THE COURT OF COMMON PLEAS n, 17 r, Y 23 PM 1: CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA Case No.: 12-2727 Civil Term MICHAEL LENKER ) Plaintiff, ) CIVIL ACTION-LAW vs. ) MDJ APPEAL CMI PRINTGRAPHIX, INC., ET AL ) ) DefendantS ) NOTICE YOU HAVE BEEN SUED IN COUR'P. If you wish to defend against the claims set forth in the following pages you must take action within twenty days (20)days after this Answer and Counterclaim are served by entering a written appearance personally or by attorney and filing in writing with the Court you defenses or objections to the claims set forth against you. You are warned that is you fail to do so the case my 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. TIS 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 23 South Bedford Street, Carlisle, Pa 717-249-3166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LENKER Plaintiff, vs. CMI PRINTGRAPHIX, INC., D/B/A CYBERNET INFORMATION MEDIA, INC., AND CHARLES ROTHSTEIN, INDIVIDUALLYAND AS PRESIDENT OF CMI PRINTGRAPHIX, D/B/A CYBERNET INFORMATION MEDIA INC., Defendant Case No.: 12-2727 Civil Term CIVIL ACTION-LAW MDJ APPEAL ANSWER AND COUNTERCLAIM And now comes the Defendant Cybernet Information media, Inc. and Charles Rothstein (hereinafter "CMI") to file the following Answer to Complaint filed by Michael lenker (hereinafter "Zenker") in response to the Notice of Appeal from magisterial District Judge Judgement by Defendant Cybernet Information Media Inc. avering as follows: 1.Paragraph 1 After reasonable investigation , this party is without knowledge or information to form a belied as to the truth of the averments contained in paragraph 1. 2. Paragraph 2 of Plaintiff's Complaint is denied. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 it 25 26 27 28 3. Paragraph 3 of Plaintiff's Complaint is denied. 4. Paragraph 4 of Plaintiff's Complaint is denied. I 5. Paragraph 5 of Plaintiff's Complaint is denied. 6. Paragraph 6 of Plaintiff's Complaint is denied. 7. Paragraph 7 of Plaintiff's Complaint is denied. 8. Paragraph 8 of Plaintiff's Complaint is denied. 9. Paragraph 9 of Plaintiffs complaint is denied Plaintiffs was never employed by Cybernet Information Media Inc. 10. Paragraph 10 of Plaintiff's Complaint is denied. 11. After reasonable investigation, this party is without knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiff's Complaint. 12. Paragraph 12 of Plaintiffs Complaint is denied. On numerous occasions Plaintiff was not authorized to "clock in" to work the hours put in. He was living on the premises as a tenant and was not working. 13. After reasonable investigation, this party is without knowledge or information to form a belief as to the truth of the averments contained in 13. 14. Paragraph 14 of Plaintiff's Complaint is denied. 15 After reasonable investigation, this party is without knowledge or information to form a belief as to the truth of the averments contained in 15. 16. Paragraph 16 of Plaintiff's Complaint is denied. 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On numerous occasions plaintiffs "punched" in for work during period that the Plaintiff had already been told he was not authorized to be working. Defendant does not own wages for those unauthorized work periods. 30. Paragraph 30 of Plaintiff's Complaint is denied,. COUNTERCLAIM 4. Paragraphs 1 through 30 are hereby incorporated by reference 5. Beginning on of about April 1, 2011 through February 1 2012 Plaintiff Stored his personal possessions in Defendants Building. Beginning on September 1, 2011 through February 10, 2012 Plaintiff occupied defendants building as a tenant. Plaintiff owes Defendant for back rent, storage costs as well as utility costs and cost incurred by the company by unauthorized use of the Company vehicle. WHEREFORE, Defendant as a Counterclaim Plaintiff seeks the Court enter Judgement in Defendant"s favor and award damages against the Plaintiff for all costs, fees owed by Plaintiff to Defendant. Charles Rothstein President Cybernet Information Media Inc. and Charles Rothstein Individually 937 Nixon Drive Mechanicsburg, Pa 17050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I Charles Rothstein, President Cybernet Information Media Inc. declare that I am authorized to make this Verification on its behalf and hereby verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge or information and belief. I understand that false statement herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. es Rothstein 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I Charles Rothstein President of Cybernet Information Media Inc., hereby certify that I have served the foregoing Answer pursuant to Pa MDJ Rule 1005D this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid addressed as follows: Steven R. Snyder Esquire Attorney for Plaintiff 155 South hanover Street Carlisle, Pa 17013 r. Charles Rothstein, President Cybernet Information Media Inc. ''~??1)`i?i=f ICS .y1...HE P CTH ON 0 1:??.; , Steven R. Snyder, Esquire PA Attorney License No. 90994 ?? 2 9 A1410:20 Rominger & Associates CUM ERLAND CGU{I { Y 155 South Hanover Street PENNSYLVANIA Carlisle, PA 17013 (717) 241-6070 FAX (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MICHAEL LENKER Plaintiff V. Docket No. 12-2727 CMI PRINT GRAPHIX, INC. D/B/A/ Civil Action - LAW CYBERNET INFORMATION MEDIA, INC., MDJ APPEAL AND CHARLES ROTHSTEIN, INDIVIDUALLY AND AS PRESIDENT OF CMI PRINT GRAPHIX, INC. D/B/A/ CYBERNET INFORMATION MEDIA, INC., Defendants NOTICE TO PLEAD TO: Charles Rothstein, President CMI Print Graphix, Inc. d/b/a/ CyberNet Information Media, Inc. 937 Nixon Drive Mechanicsburg, Pennsylvania 17055 You are hereby notified to file a written response to the enclosed Preliminary Objections to Defendant's Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Date: June 29, 2012 6-5?4 Steven R. Snyder, Esqu re Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 Steven R. Snyder, Esquire PA Attorney License No. 90994 Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 FAX (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MICHAEL LENKER Plaintiff V. Docket No. 12-2727 CMI PRINT GRAPHIX, INC. D/B/A/ Civil Action - LAW CYBERNET INFORMATION MEDIA, INC., MDJ APPEAL AND CHARLES ROTHSTEIN, INDIVIDUALLY AND AS PRESIDENT OF CMI PRINT GRAPHIX, INC. D/B/A/ CYBERNET INFORMATION MEDIA, INC., Defendants PRELIMINARY OBJECTIONS TO DEFENDANTS' COUNTERCLAIM AND NOW, comes Plaintiffs, Michael Lenker, by and through his Attorney, Steven R. Snyder, Esquire, with the Law Firm of Rominger & Associates, and files the within Preliminary Objections to Defendants' Counterclaim pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure and avers the following: Defendant's Counterclaim to Plaintiff's Complaint, consists of one paragraph and a prayer for relief which reads as follows: Beginning on of (sic) about April 1, 2011 through February 1, 2012 Plaintiff stored his personal possessions in Defendants building. Beginning on September 1, 2011 through February 10, 2012 Plaintiff occupied defendants building as a tenant. Plaintiff owes Defendant for back rent, storage costs as well as utility costs and cost incurred by the company by unauthorized use of the Company vehicle. WHEREFORE, Defendant as a Counterclaim Plaintiff seeks the Court enter Judgment in Defendant"s (sic) favor and award damages against the Plaintiff for all costs, fees owed by Plaintiff to Defendant. PRELIMINARY OBJECTIONS TO DEFENDANTS' COUNTERCLAIM FAILURE OF THE PLEADING TO CONFORM TO LAW OR RULE OF COURT, Pa.R.C.P. No. 1028(a)(2) Paragraphs 1 is incorporated herein as if set forth at length. 3. Pennsylvania Rule of Civil Procedure 1028(a)(2) provides in relevant part that, "[p]reliminary objections may be filed by any party to any pleading and are limited to the following grounds, [including], failure of a pleading to conform to law or rule of court. 4. Pennsylvania Rule of Civil Procedure 1019(h) provides that, [w]hen any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. Pennsylvania Rule of Civil procedure 1019(h)(i) further provides that, [w]hen any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance of the writing. 6. Defendant's Counterclaim fails to state whether there was an agreement between the parties, whether any agreement was written or verbal, and if there was an written agreement, Defendant has failed to attach a copy of the agreement. 7. Pa.R.C.P. 1021 provides in relevant part that: (a) Any pleading demanding relief shall specify the relief sought. Relief in the alternative or of several different types, including an accounting, may be demanded. (c) In counties having rules governing compulsory arbitration the plaintiff shall state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule. 8. Defendant's Counterclaim fails to provide any specific information as to the amount of damages whatsoever and as such violated Pa.R.C.P. 1021. Defendant's Counterclaim also fails to state whether the amount claimed is within or outside of the jurisdictional amount required for arbitration, also in violation of Pa.R.C.P. 1021. 9. Pa.R.C.P. 1022 requires that "[e]very pleading shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation." 10. Defendant's Counterclaim fails to divide into consecutively numbered paragraphs any of the Counterclaim or aver only one material allegation in the only paragraph included, and as such violates Pa.R.C.P 1022. WHEREFORE, Plaintiff respectfully requests that this Honorable Court GRANT his Preliminary Objection for the failure of Defendant's Counterclaim to conform to law or rule of court, and DISMISS Defendant's Counterclaim with prejudice. PRELIMINARY OBJECTIONS TO DEFENDANTS' COUNTERCLAIM FOR INSUFFICIENT SPECIFICITY OF THE PLEADING, Pa.R.C.P. No. 1028(a)(3) 1 l . Paragraphs 1 through 11 are incorporated herein as if set forth at length. 12. Pennsylvania Rule of Civil Procedure 1028(a)(3) provides in relevant part that, ``[p]reliminary objections may be filed by any party to any pleading and are limited to the following grounds, [including], insufficient specificity in a pleading. 13. Defendant's counterclaim lacks any specificity at all and as such violates Pa.R.C.P 1028(a)(3). WHEREFORE, Plaintiff respectfully requests that this Honorable Court GRANT his Preliminary Objection for the failure of Defendant's Counterclaim to conform to Pa.R.C.PI028(a)(3) as a result of its lack of specificity, and DISMISS Defendant's Counterclaim with prejudice. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER TO DEFENDANTS' COUNTERCLAIM FOR INSUFFICIENT SPECIFICITY OF THE PLEADING, Pa.R.C.P. No. 1028(a)(4) 14. Paragraphs 1 through 13 are incorporated herein as if set forth at length. 15. Pennsylvania Rule of Civil Procedure 1028(a)(4) provides in relevant part that, "[p]reliminary objections may be filed by any party to any pleading and are limited to the following grounds, [including], legal insufficiency of a pleading (demurrer). 16. In the event that defendant is somehow attempting to plead a cause of action for breach of some sort of agreement, or landlord-tenant provision, Defendant has plead none of the elements of a cause of action for either, or any other cause of action for that matter, and as such, Defendants Counterclaim violates Pa.R.C.P. 1028(a)(4). WHEREFORE, Plaintiff respectfully requests that this Honorable Court GRANT his Preliminary Objection in the Nature of a Demurrer for the legal insufficiency of Defendant's Counterclaim, and DISMISS Defendant's Counterclaim with prejudice. Date: June 29, 2012 Steven R. Snyder, Esquire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 (717) 241-6070 Steven R. Snyder, Esquire PA Attorney License No. 90994 Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 FAX (717) 241-6878 snyder@romingerlaw.com Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MICHAEL LENKER Plaintiff V. Docket No. 12-2727 CMI PRINT GRAPHIX, INC. D/B/A/ Civil Action - LAW CYBERNET INFORMATION MEDIA, INC., MDJ APPEAL AND CHARLES ROTHSTEIN, INDIVIDUALLY AND AS PRESIDENT OF CMI PRINT GRAPHI.X, INC. D/B/A/ CYBERNET INFORMATION MEDIA, INC., : Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by first class mail, postage paid the following location: Charles Rothstein, President CMI Print Graphix, Inc. d/b/a/ CyberNet Information Media, Inc. 937 Nixon Drive Mechanicsburg, Pennsylvania 17055 Date: June 29, 2012 Steven R. Snyder, Es ire Rominger & Associates PA Attorney License No. 90994 155 South Hannover Street Carlisle, PA 17013 ?i?L PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) C= Cn TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for t xt Argument Court.)r r -------------------------------------------------- _' '- CAPTION OF CASE w? r- Z (entire caption must be stated in full) 1=1 ` n z -C MICHAEL LENKER y 5 C ' ..? PO vs. CIYII PRINT GRAPHIX, IpC. dl Id Cybeine; 1%W0, •. ? fin Ive?a InC., ckda---S ?05{e°i>1, ;r)d ?'a5 ?r?°S;?l°!) i FCn'1/ 1??-7 nc. No. Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PLAINTIFF'S PRELIMINARY OBJECTIIONS TO DEFENDANTS COUNTER CLAIM 2. Identify all counsel who will argue cases: (a) for plaintiffs: Steven R. Snyder, Esquire (Name and Address) Rominger & Associates 155 South Hanover St. Carlisle, PA 17013 (b) for defendants: Charles Rothstein, Pro-Se (Name and Address) 937 Nixon Drive Mechanicsburg, PA 17055 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: SEPTEMBER 7 2012 Signature -] S-fave- R Sn yLd e ?; G ??? Print your name Steven R. Snyder, Esquire June 29, 2012 Attorney for Plct;?t t Date: 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. P-# o2773j ,g OI~ F'ICi~ OI~ THIS PROTHOItitOTARY CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY Charles Rothstein, Pro Se 937 Nixon Drive Mechanicsburg, PA 17055 DATE: August 20th, 2012 TO Mr. Rothstein: THIS IS TO NOTIFY YOU THAT CASE NUMBER 2012-2727 Michael Lenker VS. CMI Print Graphix, Inc., et al. HAS BEEN LISTED FOR ARGUMENT ON SEPTEMBER 7TH, 2012. Cumberland Cnanty AranmPT++ ~'^~~~ n--'-- '^""" • ~ U.S.P0.STAGE~~~Tr~v David D. Buell r ~ r .~~.r "' r"' i~=' :umberiand County Courthouse , ~~, ~, ~ ~~~'~ )ne Courthouse Square, Ste.100 ~~~~~~~' ZIP 17013 $ ooO~ ;arlisle, PA 17013 ~~ r - 02 Irv ~~ , ' 0001368848 AUG 21 ~~~2 Qua ~~ ~~ ~~ ' 43 ~ ~4~K~~ /~ '•2 a2 7 ~U ~1p~~~Y~y~+~tR Charles Rothstein, Pro Se ~.`•~ 937 Nixon Drive ^A ~-snc~ - Mechanicsb ~~ ~ ~ ~_ 1 ~ ~~ ~ - , ~~ S..a ~, ~, , lY it ¢ L~ C L_ 1 y9f (" °C. 17 :... ~ yy [[~~ ~. rS`.. R aF 1- ~i' 3 _! t~ .Y tt ~.'. ^'"t t ~~:~ ~ iX r 5~ _ i. 1. I :: 71 IP ! 9 19 3 i } ~ ~+ i :erg n i 4iS P , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENKER Plaintiff : NO. 12-2727 r- -- v : CIVIL ACTION-LAW CMI PRINT GRAPHIX, INC., D/B/A : MDJ APPEAL =c-) — = CYBERNET INFORMATION MEDIA, INC., AND CHARLES ROTHSTEIN, INDIVIDUALLY : -` — AND AS PRESIDENT OF CMI PRINT GRAPHIX: Prior Judge: Hon. Edward E. Guido INC., D/B/A CYBERNET INFORMATION MEDIA, INC., • Defendants • PETITION FOR LEAVE TO WITHDRAW APPEARANCE The petition of Timothy L. Czekaj, Esquire, respectfully represents the following: 1. Petitioner entered his appearance on behalf of the Defendants on September 7,2012. 2. Defendant Charles Rothstein currently resides at 1257 Harrisburg Pike, #200, Carlisle, Pennsylvania 17013, however, only receives mail at P.O. Box 522, Mechanicsburg, PA 17055. 3. The undersigned and Defendant entered into an engagement contract for representation in the above-captioned action. 4. Pursuant to the contract, the undersigned has the right to terminate the attorney-client relationship with proper notice to the client to acquire new counsel. 5. By e-mail dated January 15, 2014, the undersigned gave Defendant Charles Rothstein first notice of intent to withdraw representation. Defendant Charles Rothstein acknowledged receipt of this notice on the same day, and indicated that he would have new counsel within two (2) weeks. 6. There has been no action in this case, by either party, since October 4, 2012. There are currently no court hearings or obligations pending. 7. Pursuant to Rule 1.16(b)(1) of the Pennsylvania Rules of Professional Conduct, a lawyer may withdraw if withdrawal can be accomplished without material adverse effect on the interests of the client. 8. Pursuant to Rule 1012 of the Pennsylvania Rules of Civil Procedure, a lawyer may not withdraw his or her appearance without leave of court unless a new attorney enters his or her appearance contemporaneously with the withdrawal. 9. Although the undersigned has been consulted by prospective new counsel for Defendant Charles Rothstein, there is no way to tell with certainty if/when new counsel may be retained. 10. In light of the foregoing, this Honorable Court must approve leave of court to facilitate the withdrawal of the undersigned. 11. The Honorable Edward E. Guido has had previous involvement in this case. 12. Notice of this Petition has been provided to Steven R. Snyder, Esquire. Attorney Snyder has indicated that he no longer represents Plaintiff, but is still the attorney of record for Plaintiff. As such, he does not object to the relief sought herein. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an order permitting the undersigned to withdraw as counsel of record on behalf of the Defendant in the above-captioned matter, and to permit the Defendant to obtain new counsel. Respectfully submitted, Dated: February 10, 2014 Timothy L. Czekaj, Esquire PA ID No. 210165 Attorney for Defendants CZEKAJ LAW OFFICE 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 VERIFICATION I verify that the statements made in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Dated: //o(/L/ Timothy L. Czekaj CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition for Leave to Withdraw was served on this day by first-class United States mail, sufficient postage prepaid, addressed to: Steven R. Snyder, Esquire Boyle Litigation 4660 Trindle Road, Ste. 200 Camp Hill, PA 17011 Mr. Charles Rothstein P.O. Box 522 Mechanicsburg, PA 17055 Dated: February 10, 2014 Timothy L. Czekaj, Esquire PA ID No. 210165 Attorney for Defendants CZEKAJ LAW OFFICE 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 3 IN THE COURT OF COMMON PLEAS OF THE PROTHIN.i -A4, CUMBERLAND COUNTY, PENNSYLVANIA Z0l4 FEB !4 PH 3: 0 7 MICHAEL LENKER : CUMBERLAND CQUTY Plaintiff : NO. 12-2727 PENNSYLVANIA' v : CIVIL ACTION-LAW CMI PRINT GRAPHIX, INC., D/B/A : MDJ APPEAL CYBERNET INFORMATION MEDIA, INC., : AND CHARLES ROTHSTEIN, INDIVIDUALLY : AND AS PRESIDENT OF CMI PRINT GRAPHIX: Prior Judge: Hon. Edward E. Guido INC., D/B/A CYBERNET INFORMATION MEDIA, INC., • Defendants • RULE TO SHOW CAUSE AND NOW, this t4 da y T of ,el.04 , 2014, upon consideration of the foregoing Petition for Leave to Withdraw Appearance, the Court grants a rule to show cause why the appearance of Timothy L. Czekaj, Esquire, on behalf of the above-named Defendants, should not be allowed to be withdrawn. Rule returnable in ZO days after service. By o, i: J. Distribution: imothy L. Czekaj, Esquire, Czekaj Law Office, 315 N. Front Street, Harrisburg, PA 17101, Attorney for Defendants - Steven R. Snyder, 4660 Trindle Road, Suite 200, Camp Hill, PA 17011 Charles Rothstein, P.O. Box 522, Mechanicsburg, PA 17055 ;es n .L1c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LENKER , Plaintiff v. CMI PRINT GRAPHIX, INC., D/B/A CYBERNET INFORMATION MEDIA, INC., AND CHARLES ROTHSTEIN, INDIVIDUALLY AND AS PRESIDENT OF CMI PRINT GRAPHIX: INC., D/B/A CYBERNET INFORMATION MEDIA, INC., Defendants : NO. 12-2727 : CIVIL ACTION-LAW : MDJ APPEAL Prior Judge: Hon. Edward E. Guido MOTION TO MAKE RULE ABSOLUTE AND NOW comes the Petitioner, Timothy L. Czekaj, Esquire, and files this Motion to Make Rule Absolute, and in support thereof, avers as follows: 1 Petitioner is Timothy L. Czekaj, Esquire, counsel of record for the Defendants. 2. Plaintiff and Defendants are involved in the underlying civil action at the above-captioned docket. 3. There are currently no matters scheduled which require action by, or the presence of Defendants. 4. On February 11, 2014 Petitioner filed his Petition for Leave to Withdraw Appearance for reasons more fully articulated therein. 5. On February 14, 2014, a Rule to Show Cause was ordered by the Honorable Edward E. Guido, giving the parties twenty (20) days after service to respond to Petitioner's Petition. 6. Petitioner served said Rule on the parties on February 19, 2014; more than twenty (20) days have elapsed from the date of service of the Rule, and neither party has responded. A true and correct copy of Petitioner's letter with certificate of service is attached hereto, marked as Exhibit "A" and incorporated by reference hereto. WHEREFORE, Petitioner respectfully requests that the Rule dated February 14, 2014 be made absolute, and that the Court grant Petitioner's request to be withdrawn from the case. Respectfully submitted, Dated: March 13, 2014 Timothy L. Czekaj, Esquire PA ID No. 210165 Attorney for Defendants CZEKAJ LAW OFFICE 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Dated: 3 //3 (/‘/ Timothy . Czekaj CZEKM LA OFFICE 315 N. Front Street Tel: (717) 236 -9377 Harrisburg, PA 17101 www.czekajlaw.com Fax: (717) 236 -9316 Timothy L. Czekaj, Esquire February 19, 2014 Mr. Charles Rothstein P.Q. Box 522 Mechanicsburg, PA 17055 Re: Michael Lenker v. CMI Print Graphix, Inc., et al. Docket No. 12 -2727; Cumberland County Dear Chuck: Enclosed, please find the Rule to Show Cause why the relief requested in Petitioner's Petition for Leave to Withdraw Appearance should not be granted, due within twenty (20) days after service. If you have any further questions, please do not hesitate to contact me. Sincerely, Timothy L. Czekaj Enclosure cc: Steven R. Snyder, Esquire w /enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LENKER Plaintiff NO. 12-2727 v. FILED-OFFICE OF THE PR0TH0N01Y 2014 FEB 14 P11 3; e)7 CittIRERLAO COUNTY PENNS-YLVANI A CIVIL ACTION-LAW CMI PRINT GRAPHIX, INC., D/B/A : MDJ APPEAL CYBERNET INFORMATION MEDIA, INC., : AND CHARLES ROTHSTEIN, INDIVIDUALLY : AND AS PRESIDENT OF CMI PRINT GRAPHIX: Prior Judge: Hon. Edward E. Guido INC., D/B/A CYBERNET INFORMATION • MEDIA, INC., Defendants RULE TO SHOW CAUSE AND NOW, this iq day of Fi41.001 W2014, upon consideration of the foregoing Petition for Leave to Withdraw Appearance, the Court grants a rule to show cause why the appearance of Timothy L. Czekaj, Esquire, on behalf of the above-named Defendants, should not be allowed to be withdrawn. Rule returnable in ;,-(.? days after service. J. Distribution: Timothy L. Czekaj, Esquire, Czekaj Law Office, 315 N. Front Street, Harrisburg, PA 17101, Attorney for Defendants Steven R. Snyder, 4660 Trindle Road, Suite 200, Camp Hill, PA 17011 Mr. Charles Rothstein, P.O. Box 522, Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on this day by first-class United States mail, sufficient postage prepaid, addressed to: Steven R. Snyder, Esquire Boyle Litigation 4660 Trindle Road, Ste. 200 Camp Hill, PA 17011 Mr. Charles Rothstein P.O. Box 522 Mechanicsburg, PA 17055 Dated: February 19, 2014 Timothy L. Cz Esquire PA ID No. 210165 Attorney for Defendants CZEKAJ LAW OFFICE 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute was served on this day by first-class United States mail, sufficient postage prepaid, addressed to: Steven R. Snyder, Esquire Boyle Litigation 4660 Trindle Road, Ste. 200 Camp Hill, PA 17011 Mr. Charles Rothstein P.O. Box 522 Mechanicsburg, PA 17055 Dated: March 13, 2014 Timothy L. Czekaj, Esquire PA ID No. 210165 Attorney for Defendants CZEKAJ LAW OFFICE 315 N. Front Street Harrisburg, PA 17101 (717) 236-9377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL LENKER , Plaintiff : NO. 12-2727 v. : CIVIL ACTION-LAW CMI PRINT GRAPHIX, INC., D/B/A : MDJ APPEAL CYBERNET INFORMATION MEDIA, INC., : AND CHARLES ROTHSTEIN, INDIVIDUALLY : AND AS PRESIDENT OF CMI PRINT GRAPHIX: Prior Judge: Hon. Edward E. Guido INC., D/B/A CYBERNET INFORMATION MEDIA, INC., Defendants ORDER AND NOW, this / 7ay of/21__, 2014, based upon Petitioner's Motion to Make Rule Absolute, and noting no response has been filed by any party, the Motion is hereby GRANTED and Petitioner, Timothy L. Czekaj, Esquire, is hereby withdrawn as counsel of record for the Defendants. Distribution: J. 17: 27, 4/"<irnothy L. Czekaj, Esquire, Czekaj Law Office, 315 N. Front Street, Harrisburg, PA 17101; Steven R. Snyder, Esquire, 4660 Trindle Road, Suite 200, Camp Hill, PA 17011; Charles Rothstein, P.O. Box 522, Mechanicsburg, PA 17055. 3