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HomeMy WebLinkAbout12-3043 C-) r.C-' rrt rr Cu ?r._.. ; a< C5 f-7) a d Amanda Snoke Dubbs, Esq. y 7S 2780 Primrose Lane ( C? York, PA 17402 Telephone: (717)309-3275 Email: mandasnokedubbs acomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CARLOS G. GARCIA Plaintiff V. No. DAWOOD ENGINEERING, INC., BONY R. CIVIL ACTION - LAW DAWOOD, M. SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROWADER, and RONALD A. CARROLA 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 Telephone number 717-249-3166 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 tomaraccion 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 pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street, Carlisle, Pennsylvania Telephone number 717-249-3166 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CARLOS G. GARCIA Plaintiff V. DAWOOD ENGINEERING, INC., BONY R. DAWOOD, M. SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROWADER, and RONALD A. CARROLA COMPLAINT No. 303 (,"1 CIVIL ACTION - LAW 1. Plaintiff, Carlos G. Garcia, is an adult individual residing at 415 Mercury Drive, Mechanicsburg, PA 17050. 2. Defendant Dawood Engineering, Inc. (hereinafter "Dawood Engineering") is believed to be a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with local offices located at 1828 Good Hope Road, Enola, Pennsylvania and 2020 Good Hope Road, Enola, Pennsylvania.. 3. Defendant Dawood Engineering, Inc. is believed to be owned and operated by Dawood Associates or also does business under the name Dawood Associates. 4. Defendant Dawood is an employer as defined under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons.Stat.Ann §260.1. 5. Defendant, Bony R. Dawood, is believed to be and adult individual and the President of Dawood Engineering. 6. Defendant Bony R. Dawood is believed to be an owner and agent of Defendant Dawood Engineering having an active role in decision-making. 7. Defendant Bony R. Dawood is an employer as defined under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons.Stat.Ann §260.1. 8. Defendant M. Sheikh Dawood is believed to be an adult individual and the Chairman of Dawood Engineering. 9. Defendant M. Sheikh Dawood is believed to be an owner and agent of Defendant Dawood Engineering having an active role in decision-making. 10. Defendant M. Sheikh Dawood is an employer as defined under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons.Stat.Ann §260.1. 11. Defendant Yasmin Dawood is believed to be an adult individual, an owner and agent of Defendant Dawood Engineering having an active role in decision- making. 12. Defendant Yasmin Dawood is an employer as defined under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons.Stat.Ann §260.1. 13. Defendants Paul Whipple, Thomas C. Rowader, and Ronald A. Carrola are believed to be adult individuals and Vice-Presidents of Dawood Engineering. 14. Defendants Whipple, Rowader, and Carrola have an active role in decision- making of Defendant Dawood Engineering. 15. Defendants Whipple, Rowader, and Carrola are employers as defined under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons.Stat.Ann §260.1. 16. Plaintiff Garcia was employed by Defendant Dawood Engineering on January 1, 2007, in the capacity of Manager - Traffic Engineering Services. 17. Plaintiff was hired at a salary of $92,560.00. 18. On January 5, 2012, Mr. Garcia provided Defendants Bony Dawood and Defendants Thomas C. Rowader with his two-week notice of his voluntary termination from his employment with Defendant Dawood Engineering. 19. On January 20, 2012, Mr. Garcia's employment was terminated. 20. In accordance with the terms and conditions of Plaintiff's employment, Plaintiff was to be paid for his accrued leave time, if he provided Defendant with a minimum of notice of two (2) weeks. (See exhibit A) 21. Plaintiff provided Defendant Dawood Engineering with 17 days notice of termination; substantially more than the requisite two weeks as required by Defendant Dawood Engineering's policy. 22. At the time of Plaintiff's termination, Mr. Garcia had accrued at least 192.25 hours of unused, accrued leave time which was not paid to Plaintiff. 23. At all times since Plaintiff's termination by Defendant Dawood as acted upon by Defendant Dawood's agents and representatives individually named, and despite Plaintiff's repeated demands upon Defendants to pay the accrued paid time off due, Defendants have and continued to refuse to make full payment to the Plaintiff. 24. The payment for accrued paid time off due Plaintiff by Defendants constitutes wages under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons.Stat.Ann §260.1, and the action of the Defendants constitutes a violation of the Pennsylvania Wage Payment and Collection Law. 25. The Pennsylvania Wage Payment and Collection Law provides "whenever an employer separates an employee from the payroll, or whenever an employee 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." 26. The next regular payday of Defendant Dawood Engineering after Mr. Garcia's termination was January 27, 2012. 27. Plaintiff Garcia was not paid his accrued leave time at that time as required by the Pennsylvania Wage Payment and Collection nor Defendant Dawood Engineering's policy. 28. Plaintiff Garcia was paid for 80.00 hours of accrued leave time on February 10, 2012. 29. Plaintiff Garcia was paid for 64.00 hours of accrued leave time on February 24, 2012. 30. Plaintiff Garcia was paid for 144.00 hours of accrued leave time instead of 192.25 hours of accrued leave time as indicated on his final regular paycheck received on January 27, 2012. 31. Plaintiff Garcia is still owed for 48.25 hours of accrued leave time or $2,456.00. 32. In addition to the value of the accrued paid time off benefits and in accordance with 43 Pa. Cons. Stat.Ann. §260.10, Plaintiff is entitled to liquidated damages in an amount equal to twenty-five percent of the wages due, or five hundred dollars, whichever is greater. 33. Plaintiff should be entitled to $2,447.00 in liquidated damages, since Defendant deliberately did not abide by the provisions of the Pennsylvania Wage Payment and Collection Law in regards to payment of earned wages. 34. In accordance with 43 Pa. Cons. Stat.Ann. §260.9(a)(f), Plaintiff is entitled to attorney's fees associated with this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against the Defendants, in an amount not in excess of twenty thousand dollars, together with interest, costs, and attorney's fees. Respectfully submitted, S ( AhV Date: yJl??Oo- By: Amanda Snoke Dubbs, Esq. Supreme Court Id: 202254 2780 Primrose Lane York, PA 17402 Telephone: (717)309-3275 Email: mandasnokedubbs(&-comcast. net n. Violating any of the policies contained in this Policy Manual. o. Failure to return confidential information such as client lists, Company books and records that are the Company's property and kept at the employee's home or elsewhere off premises. The foregoing listing of reasons for termination of employment for cause shall not be construed as a limitation of the right of the Company to terminate an employee's employment for any cause not prohibited by law or to terminate an employee's employment for the convenience of the Company. C. CON -LACES OF TERMINATION FOR CAUSE Employees dismissed for sufficient cause shall not be entitled to prior notice of termination and shall forfeit their right to receive or be paid for any accrued leave. D. ACCRUED LEAVE TIME If employment is terminated under Paragraph XIII above, or if the employee terminates the employment giving the required minimum notice of two (2) weeks, all accrued vacation shall be credited to the employee's account and the employee shall be paid for all accrued vacation time. If employment is terminated under Paragraph XIII above, or if the employee terminates employment without giving the required minimum notice of two (2) weeks, the employee shall forfeit all accrued leave time. XIV. NON-DISCEaOS?lREE All employees of DAWOOD will respect and protect the confidences placed in us by our clients, consultants and all other business relationships. During the course of employment, employees may have access to confidential information, including but not limited to: trade secrets; proprietary commercial information; financial data; computer programs and related information; system designs; documents; client lists; billing information; models; procedures; plans, sketches; and information in the formative stage. These types of information are company property or it may be the property of the client. Employees are prohibited from disclosing such information to anyone, directly or indirectly, and from using such information other than in the course of their employment with DAWOOD. No documents, confidential information, and software programs, including but limited to the information described above, may be removed from the Company's buildings or premises unless the Company is informed and written consent is first obtained. DAWOOD ENGINEERING, INC. Policy Manual Page 10 EXHIBIT VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ?-/? f) z .,""C'arlos G. Garcia SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??yt??ttr ?t ?atai:?lrfif?,G t z Richard W Stewart Solicitor E r?oi_'r0 )0 OFF, Carlos G. Garcia Case Number vs. 2012-3043 Dawood Engineering, Inc. (et al.) SHERIFF'S RETURN OF SERVICE 05/17/2012 05:42 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 17 2012 at 1742 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paul Whipple, by making known unto himself personally, at 1828 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025 its contents and aLsa me handing t o him personally the said true and correct copy of the same. SHAL PUTY 05/21/2012 02:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2012 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dawood Engineering, Inc., by making known unto Bony Dawood, Owner of Dawood Engineering, Inc. at 1828 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 05/21/2012 02:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2012 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Yasmin Dawood, by making known unto Bony Dawood, Son of Yasmin Dawood and Owner of Dawood Engineering, Inc. at 1828 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 05/21/2012 02:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2012 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas C. Rowader, by making known unto Bony Dawood, Owner of Dawood Engineering, Inc. at 1828 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 05/21/2012 02:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2012 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: M. Sheikh Dawood, by making known unto Bony Dawood, Son of Defendant and Owner of Dawood Engineering, Inc. at 1828 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 'r,) Co .Sa?t? 5m,' It NOAH CLINE, DEPUTY 05/21/2012 02:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2012 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bony R. Dawood, by making known unto himself personally, at 1828 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. Z NOAH CLINE, DEPUTY SHERIFF COST: $123.45 May 22, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CARLOS G. GARCIA No. 12-3043 Plaintiff V. DAWOOD ENGINEERING, INC., BONY R. CIVIL ACTION - LAW DAWOOD, M. SHEIKH DAWOOD, YASMIN r DAWOOD, PAUL WHIPPLE, THOMAS C. _ ROWADER, and RONALD A. CARROLA ; T - = - ' i .. t AFFIDAVIT OF SERVICE --? °C Commonwealth of Pennsylvania ss County of York Before me, a Notary Public in and for said Commonwealth and County, personally appeared Matthew B. Dubbs, of the law firm of Amanda Snoke Dubbs, who being duly sworn according to law deposes and says that he caused to be served upon Ronald Carrola, Defendant, a copy of the Complaint in the above-captioned matter by causing a copy of said Complaint to be placed in the mails of the United States, addressed to Ronald Carrola, by Certified Mail, Restricted Delivery, Certified Mail Number 7011 2970 0000 4259 4481, service b ing effectuated on said Defendant as evidenced by a copy of the Return Receipt Cayd atta a ereto. Date: 5 ZR j2o I Z Matthew B. ubbs Sworn and Subscribed to Be a me this day of May, 2012 Notary Public Notarial sow Amanda Spoke Dobbs, Notary Publk York Twp., York County My Comrnrssloo BONI Ott 21, 2013 Member. Pennsylvania Assodation or Notaries ti 'a r Only; No Coverage Insurance Provided) ( P? ru Postage $ Certified Fee 02 ICA t,/ ostmark < C3 Return Receipt Fee I f HIM (Endorsement Required) Restricted Delivery Fee M M (Endorsement Required) 17? 5 Er 'rota) Postage a Fees nJ (k r-I Sent T ra onn j? O --S`L IC0 n akG CG rr0 ia-------------- bus - &C ark regt Apt. No.l - ? - r` orPQBox No. l c7rao J V I /`W---ILL -L_?? tl-_-- cny sreie, zip+ r/i Yin n c bura , PA l 531 -7 -q55-7 ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 12 Am m Id Carr-o 1a- K t)aWOOCI 6n5ihwi ll SOvi-h pol n -t, BUS lnt,SS ParK 11 &ranGd vj tw Circle- 6U) (An6nShvrj, PA / 5317 - 9S5 A. signature 0 Agent X 0 Addre La-t-iAk- B. Received by (PAnted Name) C. Deft-of Dal ,.2.;?- 1 ` D. Is d0my address different from Item 1? 0 Yes If YES, enter -6- -sirtrrt 0 No 3. Service lype XCertifled Mail 0 Express Mail 0 Registered 1$ Return Receipt for Merchandise 0 instmed mom E3 C.O.D. 4. Restricted Dtrlhrary? (Extra Fee) 2- ANO" Number M nrwr ftmservkerebel) 7011 2970 0000 4259 4481 - P8 Form 3611, February 2004 Domestic Return Receipt 102MIS-024011-1540 Certificate of Service The undersigned hereby certifies that on this date a true and correct copy of the foregoing document, was served by first-class U.S. mail, postage prepaid, upon the following: Wayne Pecht, Esq. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Counsel for Defendants Date: G''2q 20 f ?- By: Amanda Snoke Dubbs, Esq. 2780 Primrose Lane York, PA 17402 Telephone: (717)309-3275 Email: mandasnokedubbskcomcast.net Supreme Court Id: 202254 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CARLOS G. GARCIA Plaintiff No. 12-3043 DAWOOD ENGINEERING, INC., BONY R. DAWOOD, M. SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROWADER, and RONALD A. CARROLA CIVIL ACTION - LAW To: Dawood Engineering, Inc, Bony R. Dawood, A Sheikh Dawood, Whipple, Thomas Rowader, and Ronald A. Carrola Date of Notice: June 7, 2012 IMPORTANT NOTICE PURSUANT TO PA RCP 237.1(A)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 Telephone number 717-249-3166 By: f h anda Snoke Dubbs, Esq. Supreme Court Id: 202254 2780 Primrose Lane York, PA 17402 Telephone: (717)309-3275 Email: mandasnokedubbskcomcast.net CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document, was served by first-class mail, postage prepaid, upon the following: Dawood Engineering, Inc. Bony R. Dawood 1828 Good Hope Road 1828 Good Hope Road Enola, PA 17025 Enola, PA 17025 Paul Whipple M. Sheikh Dawood 1828 Good Hope Road 2020 Good Hope Road Enola, PA 17025 Enola, PA 17025 Thomas C. Rowader Yasmin Dawood 2020 Good Hope Road 2020 Good Hope Road Enola, PA 17025 Enola, PA 17025 Ronald A. Carrola Wayne Pecht, Esq. Southpointe Business Park 1205 Manor Drive 11 Grandview Circle Suite 200 Suite 116 Mechanicsburg, PA 17055 Canonsburg, PA 15317-9557 r? By:?U- K Date: Amanda Snoke Dubbs, Esq. 2780 Primrose Lane York, Pennsylvania 17402 Telephone: (717)309-3275 Email: mandasnokedubbspcomcast.net Supreme Court Id: 202254 Wayne M. Pecht, Esquire PA ID No.: 38904 L P E. 4'k??+ r°?JI ,CEE:L?, I 000 1 Pecht & Associates, PC PEJI11HS)'G' `ANIA 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Defendants CARLOS G. GARCIA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DAWOOD ENGINERRING, INC., BONY R. DAWOOD, M. SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROAWADER, and RONALD A. CARROLA, Defendants : CIVIL ACTION -LAW : NO. 2012-3043 NOTICE TO PLEAD To: Carlos G. Garcia c/o Amanda Snoke Dubbs, Esquire You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. 4? 41-- Wayne M. Pecht, Esquire PA ID No.: 38904 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Defendants PECHT & ASSOCIATES, PC Wayne M. Pecht, Esquire PA ID NO.: 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Defendants CARLOS G. GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : NO. 2012-3043 DAWOOD ENGINERRING, INC., BONY R. DAWOOD, M. SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROAWADER, and RONALD A. CARROLA, Defendants ANSWER, NEW MATTER, AND COUNTERCLAIM NOW COME Defendants, by their attorneys, Pecht & Associates, PC, and make the following Answer with New Matter and Counterclaim: 1. Admitted on information and belief. 2. Admitted. 3. Denied. Dawood Engineering, Inc. does not own Dawood Associates and does not operate under the name Dawood Associates. 4. Admitted with clarification. To the extent "Defendant Dawood" refers to Dawood Engineering, Inc., it is admitted that Dawood Engineering, Inc. is an employer as defined under the Pennsylvania Wage Payment and Collection Law. 5. Admitted. 6. Admitted. 7. Denied. Paragraph 7 states a legal conclusion to which no response is required. 8. Admitted in part and denied in part. Defendant M. Sheikh Dawood is an adult individual. Defendant M. Sheikh Dawood is not "the Chairman of Dawood Engineering." 9. Denied. Paragraph 9 states a legal conclusion to which no response is required. 10. Denied. Paragraph 10 states a legal conclusion to which no response is required. 11. Admitted in part and denied in part. Defendant Yasmin Dawood is an adult individual. Defendant Yasmin Dawood is not an owner or an agent of Dawood Engineering. On the contrary, she has no ownership interest and does not act in the business whatsoever. 12. Denied. Paragraph 12 states a legal conclusion to which no response is required. 13. Admitted. 14. Denied. Paragraph 14 states a legal conclusion to which no response is required. 15. Denied. Paragraph 15 states a legal conclusion to which no response is required. 16. Admitted. 2 17. Admitted. 18. Admitted. 19. Admitted with clarification. Plaintiff voluntarily terminated his employment with Defendant Dawood Engineering. 20. Admitted with clarification. In accordance with the terms and conditions of Plaintiffs employment, he was to be paid for a certain amount of accrued leave time, if he provided Defendant Dawood Engineering with a minimum notice of two weeks regarding his voluntary termination of employment. 21. It is admitted that Plaintiff provided Dawood Engineering with more than fourteen (14) days notice regarding his voluntary termination of employment. 22. Admitted. 23. Denied. On the contrary, Plaintiff has been paid for all of the unused and accrued paid leave time to which he is entitled. The exhibit referenced in Plaintiffs Complaint is not accurate or up to date, and Plaintiff relies on the same in error. None of the individual named Defendants, with the possible exception of Bony Dawood, are appropriate Defendants in this action because they did not have decision making capability regarding the payments to Plaintiff. 24. Denied. Paragraph 24 states a legal conclusion to which no response is required. 3 25. Denied. Paragraph 25 states a legal conclusion to which no response is required. 26. Admitted. 27. Denied. Paragraph 27 states a legal conclusion to which no response is required. To the contrary, Mr. Garcia was paid for all time for which he was entitled to be compensated. See Accrued Leave Time policy regarding Mr. Garcia's employment which was actually in effect at the time of his voluntary termination of employment, attached hereto as Exhibit "A" and incorporated herein by this reference thereto. 28. Admitted. 29. Admitted. 30. Admitted. 31. Denied. Paragraph 31 states a legal conclusion to which no response is required. 32. Denied. Paragraph 32 states a legal conclusion to which no response is required. 33. Denied. Paragraph 33 states a legal conclusion to which no response is required. 34. Denied. Paragraph 34 states a legal conclusion to which no response is required. 4 WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiff's Complaint and to enter judgment in their favor, and to award them costs of suit and attorney's fees. NEW MATTER 35. (Continuing number of Plaintiffs Complaint ) Paragraphs 1 through 34 are incorporated herein by reference as though the same were set forth more fully herein. 36. On October 31, 2008, Plaintiff was advised through a Memorandum that the Dawood Engineering, Inc. Employee Handbook had been updated. A copy of said memorandum is attached hereto as Exhibit "B" and incorporated herein by this reference. 37. Under the updated Employee Handbook, an employee is reimbursed for seventy-five (75%) of accrued leave time which is outstanding at the time of his termination, if he gives the required minimum notice of two weeks. 38. Plaintiff admits in his Complaint that he did in fact receive seventy-five (75%) percent of his accrued leave time pending at the time of his employment termination. 39. Accordingly, Plaintiff s Complaint is barred by accord and satisfaction. 40. Plaintiff is entitled to no other benefits from Dawood Engineering. 5 41. Plaintiffs claim is barred because Plaintiff has been paid for all benefits that are due to him from Dawood Engineering. 42. Plaintiff has not alleged facts that would give rise to an individual liability of any of the individually named Defendants. 43. Plaintiffs claim is spurious and vexatious, and is not supported by the facts.. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiffs Complaint and to enter judgment in their favor, and to award them costs of suit and attorney's fees. COUNTERCLAIM 44. (Continuing numbering of Defendants' New Matter) Paragraphs 1 through 43 are incorporated herein by reference as though the same were set forth more fully herein. 45. During Plaintiffs employment with Defendant Dawood Engineering he learned confidential information concerning Dawood Engineering, including customer names, pricing lists, active projects of Dawood Engineering and projects for which Dawood Engineering was planning to submit bids. 46. When Plaintiff left the employ of Dawood Engineering, he removed certain confidential information from Defendant Dawood Engineering's offices, for his own use. 47. Defendant Dawood Engineering believes and avers that Plaintiff shared confidential information of Dawood Engineering with his new employer and with others, to derive personal benefit for Plaintiff. 6 48. Plaintiff was aware that such information was confidential and that he had a duty to protect the confidentiality of Dawood Engineering's information. 49. With purposeful and intentional action, Plaintiff misappropriated such confidential information for his own benefit and in order to harm Defendant Dawood Engineering. 50. Plaintiff is liable for the actual damages suffered by Dawood Engineering because of the misappropriation of confidential information by Plaintiff. 51. Because of Plaintiffs willful and intentional acts to harm Dawood Engineering, he is also liable for punitive damages. 52. Plaintiff has contacted Dawood Engineering customers and attempted to divert work away from Dawood Engineering. 53. Plaintiff has used confidential information that he learned while working for Dawood Engineering to bid on engineering jobs, to the disadvantage of Dawood Engineering and for his own personal benefit. 54. Plaintiff has contacted Dawood Engineering employees and has urged them to terminate their employment with Dawood Engineering, for the purpose of harming Defendant Dawood Engineering. WHEREFORE, Defendant Dawood Engineering respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiff in an amount to 7 be determined at trial and to award Defendant Dawood Engineering punitive damages, costs, and attorney's fees in pursuing this matter. June 11, 2012 PECHT & ASSO IATES, PC Wayn M. Pecht, Esquire PAID No.: 38904 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Defendants 8 VERIFICATION I, Bony R. Dawood, hereby acknowledge that: I . I am the President of Dawood Engineering, Inc. and am authorized to sign this Verification on behalf of the Company; and 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief, and 3. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dawood Enginewiing, Inc. Dated. By: R. Dawood, President DAWOOD PEOPIX ENGINEERING INNOVATION j. Stealing from the Company or fellow employees or accepting a gift, gratuity, commission, or other undisclosed profit from a firm or individual doing business with the Company. k. Engaging in improper professional conduct, professional negligence, or incompetence. 1. The inability to obtain security clearance, if required by the client. m. Failure to perform the entire job-related duties required of the employee to the full and complete satisfaction of the Company. n. Violating any of the policies contained in this Policy Manual. o. Failure to return confidential information such as client lists and Company books and records that are the Company's property and kept at the employee's home or elsewhere off premises. The foregoing list of reasons for termination of employment for cause shall not be construed as a limitation of the right of the Company to terminate an employee's employment for any cause not prohibited by law or to terminate an employee's employment for the convenience of the Company. XXXV. CONSEQUENCES OF TERMINATION FOR CAUSE/FAILURE TO GIVE MINIMUM NOTICE If employment is terminated under Section XVII, Sub-section A (TERMINATION FOR CAUSE), or if the employee terminates employment without giving the minimum notice of two (2) weeks, the employee shall forfeit all accrued vacation time except only in deserving cases, and strictly subject to the evaluations and decisions of the management, a percentage of the accrued vacation time may be considered for payment. XXXVI. ACCRUED LEAVE TIME If employment is terminated under Paragraph XVII above, or if the employee terminates the employment giving the required minimum notice of two (2) weeks, accrued PTO shall be credited to the employee's account and the employee shall be paid for 75% of the accrued time. XXXVII. BENEFITS Company paid benefits will continue until the end of the month in which your last day of employment falls. An employee, unless dismissed for gross misconduct, has the option to continue Medical/Dental Benefits, in accordance with the Consolidated Omnibus Budget Reconciliation Act ("COBRA") regulations. Employee paid voluntary benefits can be maintained through the carrier that provides for such. Information on these options will be provided to the former employee directly to their home address. Final pay checks will be sent via certified mail to the last known address we have on file, and will not be direct deposit (if you have elected that pay option). DAWOOD November a?? -?- Employee Manual MEMORANDUM To: Bony Dawood, Ron Carrola, Mark Gaines, Tom Rowader, Paul Whipple, Vince Paparella, Tom Imholte, Dan Giles, Carlos Garcia, Tony Dawood, Ron Stephens, Robin Sarver From: Brad Teahl, Human Resources Date: October 31, 2008 Re: New Employee Handbook Attached is an advance copy of Dawood's revised employee handbook, effective November 2008. A copy will be distributed to all employees at the November 7 Company Meeting. The handbook incorporates many changes including: Restriction on outside services Confidentially of client information and business relationships Work week and work hours Professional Development, including registrations and professional societies Paid Time Off, including limit on time in account and forfeiture of time upon departure Tuition reimbursement revisions Smoking policy restrictions, include company vehicles Computer use policy revisions, including personal use and unauthorized software Please read and familiarize yourself with the new handbook. If you or any of your reports have questions regarding any of Dawood's policies, please see me. CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, do hereby certify that on this the 11th day of June 2012, I served a true and correct copy of the foregoing pleading by U.S. First Class Mail, postage prepaid, addressed as follows: Amanda Snoke Dubbs, Esquire 2780 Primrose Lane York, PA 17402 June 11, 2012 Wayne M. Pecht, Esquire PA ID No.: 38904 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Fli,_H, -?f FICE, 20 12 J1-l'- -2 Pfd 2- : 10 CUMBERLAND 'C"'01j,"JiTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLOS G. GARCIA, Plaintiff, No. 2012 - 3043 V. DAWOOD ENGINEERING, INC., BONY R. DAWOOD, M.SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROWADER, AND RONALD A. CARROLA NOTICE TO PLEAD TO: DAWOOD ENGINEERING, INC., BONY R. DAWOOD, M. SHEIKH DAWWOD, YASMIN DAWOOD, PAUL WHIPPL,E, THOMAS C. ROWADER, AND RONALD A. CARROLA C/O WAYNE M. PECHT, ESQ. Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: By: ?v?V1? Z ('? l Z Amanda Snoke Dubbs, Esq. Supreme Court Id: 202254 2780 Primrose Lane York, PA 17402 Telephone: (717)309-3275 Email: mandasnokedubbs@comcast.net Amanda Snoke Dubbs, Esquire PA Supreme Court Id: 202254 2780 Primrose Lane York, PA 17402 Telephone: (717)309-3275 Email: mandasnokedubbs@comcast IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLOS G. GARCIA, No. 2012 - 3043 Plaintiff, V. DAWOOD ENGINEERING, INC., BONY R. DAWOOD, M.SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROWADER, AND RONALD A. CARROLA PRELIMINARY OBJECTIONS TO DEFENDANTS' ANSWER, NEW MATTER, and COUNTERCLAIM TO THE HONORABLE JUDGES OF SAID COURT: AND Now comes the Plaintiff, by and through his counsel, Amanda Snoke Dubbs, Esq., request this Honorable Court to sustain the preliminary objections filed by the Plaintiff in this matter as stated below: FACTS 1. Plaintiff, Carlos G. Garcia, was an employee of Dawood Engineering, Inc. from January 1, 1997 to January 20, 2012 . 2. Mr. Garcia's title was Senior Transportation Engineer and performed the following job functions in his job: a. Responsible for the management of the department's profit center including business development, marketing, proposals, project management/coordination, client maintenance/liaison, invoicing, scheduling, staff supervision/mentoring, traffic engineering analysis, peer reviews, roadway design and expert testimony. b. Responsible for the review and design of highway occupancy permit plans, traffic impact studies and the completion of maintenance of traffic control plans, signing plans, pavement marking plans, traffic signal plans, roadway improvement plans, traffic calming plans, ADA ramp designs, traffic impact studies, corridor studies and feasibility assessments. 3. Mr. Garcia's employment agreement with Defendant Dawood Engineering, Inc., executed by Defendant Bony R. Dawood, Principal is attached as Exhibit A. 4. Mr. Garcia provided Dawood Engineering, Inc. with 17 days notice of his termination. 5. On or about January 19, 2012, Mr. Garcia received a letter from Attorney Kathryn Speaker MacNett on behalf of Dawood Engineering, Inc. (Attached as Exhibit B) 6. On or about January 26, 2012, Attorney James Penny counsel for Mr. Garcia's new employer sent a letter to Attorney Speaker MacNett regarding the letter sent to Mr. Garcia regarding confidential information and non-solicitation. (Attached as Exhibit C) 7. On or about January 31, 2012, Attorney Speaker MacNett replied to Attorney Penny's letter advising him that "Dawood had concerns, which have now been eliminated." (Attached as Exhibit D) 8. On or about February 1, 2012, Mr. Garcia through his own personal counsel sent a letter to Attorney Speaker MacNett regarding her letter dated January 19th, responding to the confidentiality claim and Mr. Garcia's claim of non-payment for wages and issues regarding Mr. Garcia's health care payments (Attached as Exhibit E). 9. During Mr. Garcia's employment, Plaintiff never entered into any type of agreement with any of the Defendants restricting any actions or conduct after terminating his employment. DEMURRER 10. The averments contained in paragraphs 1 through 9 of these Preliminary Objections, inclusive, are incorporated herein by reference as though fully set forth herein. 11. The Defendants do not provide any evidence that Plaintiff actually received and acknowledged receipt of the alleged revised Accrued Leave Time Policy or revised Employee Handbook during his employment with the Defendant. 12. The Defendants do not provide any legal basis for support for their claims or their recovery in their answer, new matter, and counterclaim. 13. The Defendants' counterclaim was actually resolved as per Attorney Speaker MacNett's correspondence dated January 31, 2012. (As attached as Exhibit D) 14. The Pennsylvania Rules of Civil Procedure permit a party to file preliminary objections to any pleading on the grounds of a legal deficiency of a pleading (demurrer). (See Pa.R.C.P. 1028(a)(4)) 15. The demurrer must be sustained when the law is clear that, upon the facts averred therein, no recovery is possible. McMahon v. Shea, 688 A.2d 1179, 1181 (Pa. 1997). INSUFFICIENT SPECIFICITY IN A PLEADING 16. The averments contained in paragraphs 1 through 15 of these Preliminary Objections, inclusive, are incorporated herein by reference as though fully, set forth herein. 17. Defendant claims that Plaintiff removed confidential information from Defendant Dawood Engineering's offices, for his own use, but provides no evidence of such removal. 18. Defendant claims that Plaintiff shared confidential information with new employer and others to derive personal benefit of Plaintiff, but provides no evidence that the Plaintiff did such act. 19. Defendant claims that Plaintiff contacted Dawood Engineering, Inc. employees and has urged them to terminate their employment with Defendant; however, they have produced no evidence that the Plaintiff did such act or employees have actually terminated their employment after speaking with Plaintiff. 20. The Pennsylvania Rules of Civil Procedure permit a party to file preliminary objections to any pleading on the grounds of insufficient specificity in a pleading Pa.R.C.P. 1028(a)(3). 21. Where a party files preliminary objections to a complaint in the nature of a insufficient specificity in a pleading, the court asks "whether the pleading is sufficiently clear to enable the defendant to prepare his defense" Paz v. Commonwealth Dept. of Corrections, 135 Pa.Commw. 162, 170, 580 A.2d 452, 456 (1990). WHEREFORE, Defendant respectfully requests that this Honorable Court sustain the Plaintiff s Preliminary Objections, and dismiss Defendants' new matter and counterclaim, with prejudice. Date: -11 i 1'w i y By: Respectfully submitted, Amanda Snoke Dubbs, Esq. Supreme Court Id: 202254 2780 Primrose Lane York, PA 17402 Telephone: (717)309-3275 Email: mandasnokedubbskcomcast.net VERIFICATION I verify that the statements made in this Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: o f y Ili 2 Carlos G. arci Certificate of Service I do hereby certify that service of a true and correct copy of the within Preliminary Objections was made on this day, to the following by United States first class mail, postage prepaid. Wayne M. Pecht, Esq. Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 Date: By: Amanda Snoke Dubbs, Esq. Supreme Court Id: 202254 2780 Primrose Lane York, PA 17402 Telephone: (717)309-3275 Email: mandasnokedubbs@comcast.net DAWOOD LNGIN1,f. ItIN(.,. INC_. December 19, 2006 Mr. Carlos Garcia 112 Bentley Ridge Blvd. Lancaster, PA 17602 Re: Offer of Employment Senior Transportation Engineer Dear Mr. Garcia, it was a pleasure meeting with you to discuss the employment opportunity with our company. After a thorough evaluation of our upcoming project workload and current needs, DAWOOD ENGINEERING, INC. (DAWOOD) is pleased to offer you the full-time position of Senior Transportation Engineer. At DAWOOD, we strongly encourage coordination of services between our various departments to develop a group of core professionals who have a high level of flexibility and ability to perform on public and private projects. We believe you have the ability to complement our growing team of professional staff. In evaluating your experience and qualifications, we have determined your starting rate of compensation will be $ 92,560 per annum. This position will be subject to a six-month orientation period designed to assess your ability, knowledge, interest, skill and capability associated with the position. Upon completion of the six-month orientation period we will revaluate your rate of compensation. In addition, the company is evaluating an incentive driven bonus program, which you will be eligible for. As discussed during the interview your assignment will encompass design-related duties with our Highway group, with a focus on developing Traffic Engineering services for the company. Duties may include project management, development of highway construction drawings, attendance at and presenting information at project meetings, providing services for the municipal group of Dawood Associates, Inc., and other duties as required by your immediate supervisor. We will be encouraging your progress in understanding the current systems we have implemented and expanding your abilities. The window of opportunities at DAWOOD is up to the individual's desire to expand their knowledge and take on new responsibilities. As a full-time employee, you will be eligible for all company benefits detailed in the enclosed Policy Manual. You should be prepared to accept the manual as part of your employment. Also enclosed is information on health, dental, short-term and long-term Exhibit A December 19, 2006 Page 2 disability insurance. We also have a profit sharing and 401 K program. Upon starting with the company you will: • accrue vacation @ 3.7 hours per pay period (12 vacation days per year) • receive a one-time allotment of 5 vacation days • receive 3 personal days per year The 90-day service time requirement for holiday compensation will be waived. Paid time off will then be accrued or earned in accordance with company service time requirements. Your signature below will indicate your acceptance of this position and your understanding of the terms and policies in our Policy Manual. We would request you review and confirm your acceptance of this employment and provide a start date that is reasonable for your transition. We are somewhat flexible on your start date but would require adequate notification to make the necessary arrangements. If you have any questions, please do not hesitate to call us. We look forward to having you join our growing team. Sincerely, DAWOOD ENGINEERING, INC. Bony R. Dawood, P.E. Principal Enclosure Acceptance: Carlos Garcia Date 2020 Good Hope Road - Enola PA 17025-1237 717-732-8576, voice 717-732-8596, fax Sk-arlatosAxi-arIch LLc Sound Advice. Smarter Decisions. 17 South Second Street, Oh Floor Harrisburg, PA 17101-2039 717.233.1000 Voice 717.233.6740 Fax www.skariatoszona rich. corn January 19, 2012 Via 1" Class Mail and Certified, Return Receipt (7155 5474 4100 9057 9357) Carlos G. Garcia, P.E. 415 Mercury Drive Mechanicsburg, PA 17050 Re: Confidential Information/Non-Solicitation Dear Mr. Garcia: Kathryn Speaker MacNett, Fsquire ksm@skarlatoszonarich.com . Please be advised that my law firm represents Dawood Engineering. Dawood has informed me that you have tendered your resignation with Dawood, and are soon to be employed by one of its competitors. Dawood understands that your engineering work with your new employer results in part from the experience in the traffic/transportation field, which you developed as a Dawood employee. 1. CONFIDENTIAL INFORMATION While Dawood wishes you well in your new endeavors, Dawood also believes it prudent to remind you of your responsibilities regarding confidential information and trade secrets during and after your employment with Dawood. Pennsylvania law provides strong protections to Dawood for both confidential information and trade secrets, the former under case law and the later under both statutory and case law. Those protections require that any confidential Dawood information remain with you, and not be shared with your new employers or other third parties. Confidential information encompasses a broad range of matters, including but not limited to information regarding Dawood's clients, customer lists, quality assurance information, general management practices, hazard analysis and abatement, fee analysis, market analysis, financial reports and projections, business development plans, targeted clients, computer programming techniques, sales and pricing. Additionally, since 2004, Pennsylvania has protected trade secrets under Pennsylvania's Uniform Trade Secret Act. That Act defines a Trade Secret as: "Information, including a formula, drawing, pattern, compilation including a customer list, program, device, method, technique or process that: (1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. A Member of LawPactTM - An International Association of Independent Law Firms Exhibit B Skarlatos/---onanch. LLc January 19, 2012 Page 2 (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy." Violation of that law constitutes a felony, and a variety of damages and attorney's fees are available to the prevailing party. For your convenience, a copy of the Uniform Trade Secret Act is attached as Appendix I hereto. Should you disclose any confidential information or trade secrets outside of Dawood to your new employer, clients of your new employer or any other third party, Dawood would be forced to commence legal action against you for breach of confidentiality. Arrange to return to Dawood any confidential or trade secret information you have in your possession, in any format (digital, electronic, or paper, including contact information), within three (3) days to avoid any formal action. II. NON-SOLICITATION Further, Dawood will not tolerate solicitation of its employees and/or clients. This is a breach of your duties of loyalty to Dawood. We would hope that this reminder of your confidentiality and non-solicitation responsibilities would be sufficient to guard against any breach on your part. Be assured, however, that Dawood is willing to commence legal action, in the event of a breach, to protect its business interests regarding confidential information/trade secrets and/or solicitation of employees. We hope this is not necessary. Sincerely, Ka y Sp er acNett KSWefw Enclosure cc: Paul Whipple, Jr. CPA, Vice President (via email) SESSION OF 2004 No. 2004-14 AN ACT SB 152 Act 2004-14 143 Amending Titles 12 (Commerce and Trade) and 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, adding provisions relating to trade secrets; and further providing for the offense of theft of trade secrets. . The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Title 12 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read: CHAPTER 53 TRADE SECRETS Sec. 5301. Short title of chapter. 5302. Definitions. 5303. Injunctive relief. 5304. Damages. 5305. Attorney fees. 5306. Preservation of secrecy. 5307. Statute of limitations. 5308. Effect on other law. § 5301. Short title of chapter: This chapter shall be known and may be cited as the Uniform Trade Secrets Act.. § 5302. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Improper means." • Includes, but is not limited to, theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means. 'Misappropriation: Includes: (1) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (2) disclosure or use of a trade secret of another without express or implied consent by a person who:- (i) used improper means to acquire knowledge of the trade secret; (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: 144 Act 2004-14 LAWS OF PENNSYLVANIA (A) derived from or through a person who had utilized improper means to acquire it; (B) acquired under circumstances giving rise to a duty. to maintain its secrecy or limit its use; or (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of 'it had been acquired by accident or mistake. "Person. " . A natural person, corporation, business trust; estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity. "Trade secret:" Information, including a formula; drawing, pattern, compilation including a customer list, program, device, method, technique or process that:. . . . (1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value. from its disclosure or use. (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. "Willful and malicious." Such intentional acts or gross neglect of duty as to evince, a reckless indifference of the 'rights of others on the part of the wrongdoer, and an entire want of care so as to raise the presumption that the person at fault-is conscious of the consequences of his carelessness. § 5303. Injunctive relief. (a) Injunctions:-Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate. commercial advantage that otherwise would be derived from the misappropriation. (b) Exceptional circumstances.-In exceptional circumstances, an injunction.may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. (c) Affirmative acts compelled by court order.-In . appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. § 5304. Damages. (a) Monetary damages.-Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages SESSION OF 2004 Act 2004-14 145 can include both the actual loss. caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in. computing actual loss. In lieu of damages measured by any other methods, the damages caused' by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator.'s unauthorized disclosure or use of a trade secret. (b) Exemplary damages.--If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). § 5305. Attorney fees.. A court may award reasonable attorney fees, expenses and costs to the prevailing party: (1) if a claim of misappropriation Is made in bad faith; (2) a motion to terminate an injunction is made or resisted in bad faith; or (3) willful-and malicious misappropriation exists. . § 5306. Preservation of secrecy. In any action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means which. may include, but are not limited to, granting protective'- orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. § 5307. Statute of limitations. An action under this chapter for misappropriation must be brought within three years after the misappropriation was discovered or by the exercise of reasonable diligence should have been discovered'. § 5308. Effect on other law. (a) General. rule. Except as provided in subsection. (b), ' this chapter displaces conflicting tort, restitutionary and other law of this Commonwealth providing civil remedies for misappropriation of a trade secret. (b) •Exceptioxis.-This chapter does not affect: (1) contractual remedies, whether or not based upon misappropriation of a trade secret; (2) other civil remedies that are not based upon misappropriation of a. trade secret; or (3) criminal remedies, whether or not based upon misappropriation of a trade secret. Section 2. Section 3930 of Title 18 is amended to read: § 3930. Theft of trade secrets. (a) Felony of the second degree.-A person is guilty of a felony of the second degree if he: (1) by force or violence or by putting him in fear takes from the person of another any article representing a trade secret; [or] 146 Act 2004-14 LAWS OF PENNSYLVANIA (2) willfully and maliciously enters any building or other structure with intent to. obtain unlawful possession of, or access to, an article representing a trade secret[.]; or (3) willfully and maliciously accesses any computer, computer network or computer system, whether in person. or electronically, with the intent to obtain unlawful possession of, or access to, an article representing a trade secret (b) Felony of the third degree. -A person is guilty of a felony of the third degree if he, with intent to wrongfully deprive of, or withhold from the owner, the control of a trade secret, or with intent to wrongfully appropriate a trade secret for his use, or for the use.of another: (1) unlawfully obtains possession of, or access to,. an article representing a trade secret; or (2) having lawfully obtained possession of an article representing a trade secret; or access thereto, converts such article to his own use or that of another person, while having possession thereof or access thereto makes, or causes to be made, a copy of such article, or exhibits such article to another. (c) Further disposition irrelevant.-The crime or crimes defined in subsections (a) and (b) of this section shall be deemed complete without regard to the further disposition, return, or intent to. return, of the article representing a trade secret. (d) Defense.--It shall. be a complete defense to any prosecution under .subsection .(b) of this section 'for.the defendant to show that information comprising the trade secret was rightfully known or available to him from a source other than the owner of the trade. secret. (e) - Definidons,-As used in this. section the following words and phrases shall have the meanings given to them in this subsection: "Article." Any object, material; device or substance or copy thereof, including any. .writing, record, recording, drawing, description, sample, specimen, prototype, model, photograph, microorganism, blueprint or map. "Computer." An electronic, magnetic,. optica4 hydraulic, organic or other high-speed data processing device or system which performs logic, arithmetic or memory functions and includes all input, output, processing, storage, software or communication facilities which are connected or related to the device in a system or network. "Computer network." The interconnection of two or more computers through the usage of sateUlte, microwave, line or other communication medium: "Computer system." ' A set of related, connected or unconnected computer equipment, devices and software. "Copy." Any facsimile, replica, photograph or reproduction of, an article, or any note, drawing, sketch, -or description made of, or from an article. "Representing." Describing, depicting, containing; constituting, reflecting or recording. SESSION OF 2004 Act 2004-14 147 'Trade secret,.'; The whole or any portion or phase of any scientific or technical information, design, process, procedure, formula. or improvement which is of value and has been specifically identified by the owner as of a. confidential character, and which has not been published. or otherwise became a matter of general public knowledge. There shall be a rebuttable presumption that scientific or technical information has not been published or otherwise become a, matter of . general public knowledge . when the ! owner thereof takes measures to prevent it from becoming available to persons other than those selected by him to have access thereto-for limited-purposes.- (f) Construction. Nothing in this section shall. be construed to interfere with or prohibit terms or conditions in a contract or license related to a computer, a computer network or computer software. Section 3. In applying and construing 12 Pa.C.S. Ch. 53, comments or reports of the type referred to in 1 Pa.C.S. § 1939 shall control in.the.event of a conflict between such comments or reports and the policy of unifornuty provided under 1 Pa.C.S. § 1927. Section 4. This act shall not apply to misappropriation occurring prior to the effective . date of this act, including a continuing misappropriation that began prior .to the effective date of this act and which continues to occur after the effective date of this act. Section. 5. This act shall take effect in 60 days. APPROVED-The 19th day of February, A.D. 2004. EDWARD G. RENDELL OBERMAYER RF,BMANN MAXWE[1, & HIPPEL LLP Attorneys At Law James M. Penny, Jr. 215-665-3130 jmp®.obainayer.com One Penn Center-19th Floor 1617 John F. Kawedy Boulevard Philadelphia, PA 19103-1895 215-665-3000 Fax 215-665-3165 www.obennaycr.com January 26, 2012 Kathryn Speaker MacNett Skarlatos Zonarich LLC 17 South Second Street, 6`11 Floor Harrisburg, PA 17101-2039 Re: Carlos G. Garcia, P.E. Dear Ms. MacNett: We represent Orth Rodgers & Associates, Inc. (OR&A), transportation engineers and planners. OR&A recently hired Carlos G. Garcia, P.E. to work in a professional engineering capacity. Mr. Garcia provided OR&A with a copy of your January 19, 2012 letter to him, and OR&A referred it to me for response. It is OR&A's understanding that there is no employment agreement between Garcia and Dawood Engineering (Dawood) that purports to restrict Garcia's freedom to practice his profession after leaving Dawood's employ, even if that subsequent employment is with a competitor. If OR&A's understanding is incorrect, please provide me with a copy of the agreement. Although your letter suggests that Dawood and OR&A are competitors, in fact OR&A has, on several occasions, engaged Dawood as a subconsultant on OR&A projects, paying Dawood more than $300,000.00 over the last three years. I question whether a "hardball" approach to Garcia's employment with OR&A is consistent with Dawood's business interests. Garcia's professional knowledge, skill and abilities are not Dawood's property; and Dawood has no legitimate protectable interest in restricting Garcia's freedom to practice his profession, regardless of whether Garcia benefited from his experience as a Dawood employee. An employee's aptitude, skill, mental ability and subjective knowledge, even if gained in the course of employment, are the property of the employee, not the employer. Wexler v. Greenberg, 399 Pa 569, 576 (1960). Although Wexler is an old case, it remains the law in Pennsylvania. If Dawood contends that Garcia is not free to engage in traffic/transportation engineering after his Dawood employment, please provide the factual and legal basis for that contention. Over a Century of Solutions Exhibit C January 26, 2012 Page 2 I am skeptical that Garcia possesses any of Dawood's confidential information. Your list of confidential matters is manifestly overbroad because Dawood's website lists clients, customers and projects and because much of the work performed by Dawood and OR&A is for public sector clients on publicly available contracts awarded in response to public requests for proposal. If Garcia was involved in Dawood's preparation of a current proposal on a yet unawarded contract, please identify the project. If OR&A is also preparing a proposal for such a project, OR&A will exclude Garcia from its proposal preparation. Garcia has informed OR&.A that he does not possess any of Dawood's confidential or trade secret information. Finally, I disagree with your suggestion that the solicitation of Dawood clients violates some post-employment duty of loyalty; rather it appears Dawood seeks to restrict competition for its own sake. On the assumption that PennDOT is a Dawood client, your proposition would exclude Garcia from participating in OR&A's solicitation of PennDOT work in response to a publicly issued RFP. Dawood has no protectable interest in precluding Garcia from participation in OR&A's solicitation of any work, save for those few, if any, open RFPs for which both Dawood and OR&A are preparing proposals. With that exception, Garcia's Dawood employment does not constrain OR&A's use of Garcia's professional expertise. As I mentioned at the outset, OR&A and Dawood have had a mutually beneficial business relationship over the years. To my understanding, they are rarely, if ever, competitors and often are project colleagues. In that light, OR&A views Dawood's position, as articulated in your letter, as harsh and rash. Given the absence of any contractual competition restriction and the presence of a predominately public sector client base, Dawood has nothing to fear from OR&A's employment of Garcia and has no basis to restrict Garcia's freedom to work for OR&A. ver tr ly yonrs d- r? l Ja es M. Penny, Jr. JMP/bd 4612024 January 26, 2012 Page 3 bcc: Michael J. Rodgers Steven B. Bolt, PETTOE 4612024 SkarlatosZonarich LLc Sound Advice. Smarter Decisions. 17 South Second Street, 6a' Floor Harrisburg, PA 17101-2039 717.233.1000 Voice 717.233.6740 Fax www.skaristoszonarich.com January 31, 2012 Via Emai?mnna___bermaver.com) James M. Penny, Jr. Obermayer Rebmann Maxwell & Hippel LLP One Penn Center -19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 Re: Carlos G. Garcia. P.E. Dear Mr. Penny: Kathryn Speaker MacNett, Esquire ksm@skarlatoszonarich.com Please be advised that Dawood Engineering Inc. ("Dawood") was not aware at the time of my original letter that Mr. Garcia intended to go to work with Orth Rodgers & Associates, Inc. We appreciate the fact that you shared that information with us. As a result of Dawood's lack of information about his destination and intentions, Dawood had concerns, which have now been eliminated. Thank you for your courtesy. Sincerely, eaS aker acNett KSM/efw cc: Paul Whipple, Jr. CPA, Vice President (via email) A Member of LawPactTm - An International Association of Independent Law Firms Exhibit D AMANDA SNOKE Duns, E3Q. ATTORNEY AT LAW February 1, 2012 Kathryn Speaker MacNett Esq. rr" 17 South Second Street, 6Floor Harrisburg, PA 17101-2039 VIA Certified U.S. Mail, Return Receipt Requested: 7009 0080 0001 8723 6618 Re: Carlos G. Garcia, P.E. and Dawood Engineering Dear Attorney MacNett: I have been retained by Carlos G. Garcia, P.E. in response to your letter dated January 19, 2012, and non-receipt of his accrued paid time off pay out on the next scheduled pay period after his termination with Dawood Engineering in accordance with the Commonwealth of Pennsylvania's Wage Payment and Collection Law, Act of 1961, P.L. 637, No. 329. Mr. Garcia has several concerns regarding his termination with Dawood Engineering. First, Mr. Garcia is concerned that he overpaid for health benefits since he was informed that his benefits were going to be terminated on January 31, 2012. In Mr. Garcia's pay check from the pay period January 14, 2007 through January 27, 2007, Mr. Garcia was charged for health benefits in the amount of $116.79. Mr. Garcia's health benefits did not begin until February 1, 2007. It was explained to Mr. Garcia that he was paying forward for his benefits, however, when he terminated his employment he was charged $168.18 for medical benefits and $11.80 for dental benefits. We are requesting a detailed accounting of the payments made by Mr. Garcia for his health benefits to ensure there was no duplication of payment and/or overpayment for said benefits. The next issue, in accordance with the law, is "whenever an employer separates an employee from the payroll, or whenever an employee 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." The next regular payday was January 27, 2012. Mr. Garcia did not receive his payment in accordance with his termination date, January 20, 2012. Wages under the law are defined as "all earnings of an employee, regardless of whether determined on time, task, piece, commission or other method of calculation. The term `wages' also includes fringe benefits or wage supplements whether payable by the employer from his funds and/or from amounts withheld from the employees' pay by the employer." Mr. Garcia did not receive any payment for his accrued paid time off in accordance with the Pennsylvania Wage Payment and Collection Law. Mr. Garcia is owed 192.25 hours of accrued paid time off multiplied by his hourly rate of pay $50.90 which is equal to $9,785.52. 2780 Primrose Lane • York, Penns*anla 17402 • Telephone: (717)309.3275 • Email: mandesnokedubbs@comcastnet Exhibit E AMANDA SNOKE DUBBS, ESQ. ATTORNEY AT LAW The law provides that Mr. Garcia is entitled to liquidated damages (in addition to the unpaid wages) in an amount equal to twenty-five percent (25%) of the total amount of wages due, or five hundred dollars ($500.00), whichever is greater. In addition, reasonable attorney's fees are payable to Mr. Garcia for his efforts to collect his rightful wages in accordance with the law. Your immediate attention to this matter is required in order for Dawood Engineering, its agents and/or officers to avoid corporate and personal liability for this non-payment of wages under the Commonwealth of Pennsylvania's Wage Payment and Collection Law. Lastly, I would like to thank you for providing my client with a copy of Pennsylvania's Uniform Trade Secret Act and your interpretation of the same. Your interpretation of the Act has neglected to provide that the further explanation of the definition of a trade secret provided by the Pennsylvania Superior Court. The Court held the definition of a trade secret "does not include a worker's aptitude, skill, dexterity, or his manual and mental ability" or "such other subjective knowledge as [a worker] obtains while in the course of his employment." Iron A e Corp. v. Dvorak, 880 A.2d 657 (Pa. Super. 2005) citing Christopher M's Hand Poured Fudge Inc v Hennon, 699 A. 2d 1272, 1275 (Pa. Super. 1997). In addition, the Pennsylvania Superior Court repeated if a competitor could obtain the information by legitimate means, it will not be given injunctive protection as a trade secret. WellMan Health v. Bayliss, 869 A. 2d 990, 997 (Pa. Super. 2005) citing Tyson Metal Products, Inc. v. McCann, 546 A. 2d 119,122 (Pa. Super 1988). With this case law in mind and the fact your client did not have a non-disclosure, confidentiality, or non-compete agreement with my client, I would direct you to cease and desist with this type of correspondence to my client or his new employer. Please contact me to arrange payment of the unpaid wages in accordance with the Pennsylvania Wage Payment and Collection Law. Very truly yours, Amanda Snoke Dubbs cc: Carlos G. Garcia, P.E. r 1t% 2780 Primrose Lane • York, Pennsylvania 17402 - Telephone: (717)309-3275 • Email: mandasnokedubbs@comcasLnet F .. ,. ar t^r,tL- 2012 JUL 23 ply 1: 22 CUMBERLAND CDUNrY PENNSYLVANIA PECHT & ASSOCIATES, PC Wayne M. Pecht, Esquire PAID NO.: 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Defendants CARLOS G. GARCIA, Plaintiff : IN THE COURT OF COMMON PLEAS Ol : CUMBERLAND COUNTY, PENNSYLVAP V. DAWOOD ENGINERRING, INC., BONY R. DAWOOD, M. SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROAWADER, and RONALD A. CARROLA, Defendants : CIVIL ACTION -LAW : NO. 2012-3043 DEFENDANTS' RESPONSE TO PLAINTIFF'S PRELIMINARY OBJECTIONS NOW COME Defendants, by their attorneys, Pecht & Associates, PC, and make t] following response to Plaintiff's Preliminary Objections: 1-9 -(corresponding to numbering of Plaintiff's Preliminary Objections) Defendants object paragraphs 1 through 9 of Plaintiff's Preliminary Objections and deny the same general Preliminary Objections are not the vehicle to plead new facts, and paragraphs 1 through 9 Plaintiff's Preliminary Objections should be stricken as impertinent matter. 10. Paragraphs 1 through 9 of Defendants' Response to Plaintiff's Preliminary Obj are incorporated herein as though fully set forth at length. 11. Denied. On the contrary, the Memorandum addressed to Plaintiff indicates he received a copy. Furthermore, the pleading stage is not the appropriate time to offer "evidence." Paragraph 11 of Plaintiff's Preliminary Objections is without merit or relev nce I under Rule 1028. 12. Denied. On the contrary, the allegations set forth a defense to Plaintiffs claim Furthermore, the pleading stage is not the appropriate time to offer "legal basis." Paragr p1 12 of Plaintiffs Preliminary Objections is without merit or relevance under Rule 1028. 13. Denied. On the contrary, said letter resolved nothing. Furthermore, Paragraph 13 states what may or may not be a defense to Defendants' Counterclaim, but does not provide relevant or pertinent matter for Preliminary Objections. 14. Pennsylvania Rule of Civil Procedure 1028 (a)(4) speaks for itself. 15. Paragraph 15 states a legal conclusion to which no response is required. 16. Paragraphs 1 through 15 of Defendants' Response to Plaintiffs Preliminary Objections are incorporated herein as though fully set forth at length. 17. Denied. Defendants are required only to plead the claims, not produce evidence. T e pleading stage is not the appropriate time to offer "evidence." Paragraph 17 of Plaintiffs Preliminary Objections is without merit or relevance under Rule 1028. 18. Denied. Defendants are required only to plead the claims, not produce evidence. The pleading stage is not the appropriate time to offer "evidence." Paragraph 18 of Plaintiff's Preliminary Objections is without merit or relevance under Rule 1028. 19. Denied. Defendants are required only to plead the claims, not produce evidence. Trie pleading stage is not the appropriate time to offer "evidence." Paragraph 19 of P Preliminary Objections is without merit or relevance under Rule 1028. 20. Pennsylvania Rule of Civil Procedure 1028(a)(3) speaks for itself. 21. Paragraph 21 states a legal conclusion to which no response is required. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiffs Preliminary Objections and to grant such other and further relief as the deems appropriate. Defendants note that Plaintiffs Preliminary Objections represent Defendant is requesting the Preliminary Objections be granted, which, of course, is accurate. REQUEST FOR ATTORNEY'S FEES 22. Paragraphs 1 through 21 of Defendants' Response to Plaintiffs Preli Objections are incorporated herein as though fully set forth herein at length. 23. The document purporting to be Preliminary Objections filed by Plaintiff does comport with the Rules of Civil Procedure in any respect. 24. Plaintiffs so-called Preliminary Objections address lack of evidence and lack of 1, authority, not appropriate topics for Preliminary Objections. 25. Plaintiffs so-called Preliminary Objections do not indicate which portion Defendants' Answer with New Matter and Counterclaim are addressed by each of t specific paragraphs in the so-called Preliminary Objections. 26. Defendants believe, and therefore aver, that Plaintiff filed the Preliminary Obj as an arbitrary, vexatious, and bad faith act. 27. The law authorizes the Court to impose attorney's fees on parties who participate litigation with a vexatious, arbitrary, or bad faith purpose. 28. Defendants have been forced to spend attorney's fees in defending Plaintiffs the not of called Preliminary Objections. WHEREFORE, Defendants respectfully request this Honorable Court to award Five Hundred Dollars ($500) in attorney's fees related to responding and Plaintiff's so-called Preliminary Objections. Respectfully submitted, PECHT & ASSOCIATES, PC July 20, 2012 Wayne M. T'echt, Esquire PAID No.: 38904 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Defendants CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, do hereby certify that on this the 20th day of July 2012, I served a true and correct copy of the foregoing pleading by U.S. First Class Mail, postage prepaid, addressed as follows: Amanda Snoke Dubbs, Esquire 2780 Primrose Lane York, PA 17402 July 20, 2012 Wayne M. Pecht, Esquire PA ID No.: 38904 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) L,4 + A t TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Carlos G. Garcia vs. Dawood Engineering, Inc., Bony R. Dawood, M.Sheikh Dawood, Yasmin Dawood, Paul Whipple, Thomas C. Rowader, and Ronald A. Carrola (List the within matter forge next ------------------------ ---- C= -: t? No. 2012 3043 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintitrs Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Amanda Snoke Dubbs, Esq. (Name and Address) 2780 Primrose Lane, York, PA 17402 (b) for defendants: Wayne M. Pecht, Esq. (Name and Address) 1205 Manor Drive, Suite 200, 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: A nature _ -mal-)da 600 ke Dc-,bbs- Print your name Plaintiff Date: \J-U6 3i I M12- 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. c? '"C7 ~. e~,y "` ~ -~fT'' p r` -~- --t c , G ~ ~ _ ~~ ~;~ _~- c.< ~:.~ w - w ~. Amanda Snoke Dubbs, Esquire PA Supreme Court Id: 202254 10 Wyntre Brooke Drive York, PA 17403 Telephone: (717)309-3275 Email: mandasnokedubbs@comcast IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLOS G. GARCIA, No. 2012 - 3043 Plaintiff, v. DAWOOD ENGINEERING, INC., BONY R. DAWOOD, M.SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROWADER, AND RONALD A. CARROLA PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGES OF SAID COURT: AND Now comes the Plaintiff, by and through his counsel, Amanda Snoke Dubbs, Esq., respectfully moves this Court, pursuant to Pa. R.C.P. 1035.1 et seq., for the entry of summary judgment in favor of Plaintiff for payment of his accrued, unpaid wages, in the amount of $2,456.00, liquidated damages in the amount of $2,447.00, costs and attorney's fees on the grounds that: 1. The pleadings are closed and time exists within which to dispose of this motion without delaying trial. 2. The pleadings, depositions, answers to interrogatories, admissions and affidavits filed of record show that there is no genuine issue of material fact to be tried. 3. Plaintiff is entitled to judgment as a matter of law for the reasons set forth in the accompanying brief. 4. Pursuant to C.C.R.P. 208.3(a)(2), the Honorable Kevin A. Hess, President Judge, ruled in favor of the Plaintiff in regard to his preliminary objection to the insufficient specificity of a pleading relating to Defendant's Counterclaim. The Order provided that the Defendants had twenty days to amend to plead such claim consistent with the accompanying opinion. Defendants did not file any amended pleading. WHEREFORE, Plaintiff respectfully requests that this Court enter summary judgment in favor of Plaintiff and against Defendant Dawood Engineering, Inc., Bony R. Dawood, M. Sheikh Dawood, Paul Whipple, Thomas C. Rowader, and Ronald A. Carrola in the amount of $2,456.00 with costs, attorney's fees, and liquidated damages as provided in the Pennsylvania Wage Payment and Collection Law. Respectfully submitted, Date: ~ I ~~~ ~ab~2-' B ~~~ ~-~~'~'~ Y~ Amanda Snoke Dubbs, Esq. Supreme Court Id: 202254 10 Wyntre Brooke Drive York, PA 17403 Telephone: (717}309-3275 Email: mandasnokedubbs(a~comcast.net Certificate of Service I do hereby certify that service of a true and correct copy of the within Motion for Summary Judgment was made on this day, to the following by United States first class mail, postage prepaid. Wayne M. Pecht, Esq. Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 Date: ~ ~ ~ b ~~ ~~" By: ~ Amanda Snoke Dubbs, Esq. Supreme Court Id: 202254 10 Wyntre Brooke Drive York, PA 17403 Telephone: (717)309-3275 Email: mandasnokedubbs@comcast.net c PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) ~.~ CAPTION OF CASE "~~ ha ^~ --~ (entire caption must be stated in full) r-~ ~ ~ ~ ~ c~ ...r ~., amt _,_~ ~ ~ ~'' "~ Carlos G. Garcia Dawood Engineering, Inc., Bony R. Dawood, M. Sheikh Dawood, Yasmin Dawood, Paul .~ ~; `= ``. Whipple, Thomas C. Rowader, and Ronald C. Carrola -~~~ c.~ ..4: r 2012 3043`" e -= No. T m ~ 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiti's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Amanda Snoke Dubbs, Esq. (Name and Address) 10 Wyntre Brooke Drive, York, PA 17403 (b) for defendants: Wayne M. Pecht, Esq. (Name and Address) 1205 Manor Drive, Suite 200, Mechanicsburg, PA 17055 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 21, 2012 Amanda Snoke Dubbs Print your name Plaintiff November 30, 2012 Attorney for 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. l.~""~ ~~ a $ 3c,~a a r[ x kil ? 71 i?1C T?£?41f1Yt tt ??ei ?. t1i . 1f1i3 FEB 21 PH I : "'011SERLAIND C "NUS YLVANI ?? T`?, Amanda Snoke Dubbs, Esq. 10 Wyntre Brooke Drive York, PA 17403 Telephone: (717)309-3275 Email: mandasnokedubbsgcomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CARLOS G. GARCIA Plaintiff No. 12-3043 V. DAWOOD ENGINEERING, INC., BONY R. CIVIL ACTION - LAW DAWOOD, M. SHEIKH DAWOOD, YASMIN DAWOOD, PAUL WHIPPLE, THOMAS C. ROWADER, and RONALD A. CARROLA Petition for Appointment of a Board of Arbitrators To the Honorable Judges of Said Court: Amanda Snoke Dubbs, Esq., counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $4,903.00 plus attorney's fees, interest and costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: • Wayne M. Pecht, Esq. • Rob Bleecher, Esq. ag.so ?Q"? WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ?b Date. By: Amanda Snoke Dubbs, Esq. Supreme Court Id: 202254 10 Wyntre Brooke Drive York, PA 17403 Telephone: (717)309-3275 Email: mandasnokedubbsgcomcast.net Certificate of Service I do hereby certify that service of a true and correct copy of the foregoing document was made on this day, to the following by United States first class mail, postage prepaid. Wayne M. Pecht, Esq. Rob Bleecher, Esq. Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 Date: x/219 p 3 By: Amanda Snoke Dubbs, Esq. Supreme Court Id: 202254 10 Wyntre Brooke Drive York, PA 17403 Telephone: (717)309-3275 Email: mandasnokedubbs@comcast.net 4f In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No.��;, Defendant Civil Action—Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth a at we will discharge the duties of our office with fidelity. Signature ianature Si nature IkL SS Name (Chairman) Nam. Name Law Firm Law Finn Law Firm Address Address to Address Jot,- lC� City, Zip City, Zip City, If lu Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If darnages for delay are awarded, they shall be separately stated.) y `f ._Arbitrator:dissents-.-(Insert -- Date. of Hearinj: 7 C2 2- �s (Chairman) Date of Award: :.,;;.:......;.. Notice of Entry of Award Now, the f'"�day of , 20 / at /O .M., the above award was entered upon the docket and notice t reo Given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S -S By. -9fti A Prothonotary Deputy r^R o 1 f( f eC13 JUL 22 pil CUMBERLAuD Colpip j` PE'NI'S YLVANIl