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HomeMy WebLinkAbout04-6027 POST & SCHELL, P.C. BY: PAULA J. MCDERMOTT I.D. #:46664 JOHN R. CANA VAN I.D. #:84728 240 GRAND VIEW A VENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR PLAINTIFF DON A. BAIR, JR. DON A. BAIR, JR. 5406 Oxford Dr. Mechanicsburg, P A 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. EARTH WORKS ENVIRONMENTAL GROUP, INC. 1413 Arcona Rd. Mechanicsburg, PA 17055 NO: 04 -1062..7 Cl'u~L~~ CNIL ACTION - LAW and JEFFREY 1. NOPHSKER, Individually and in his capacity as an Officer of Earth Works Environmental Group, Inc. 1249 Rossmoyne Rd. Mechanicsburg, P A 17055-4838 Defendants. To the Prothonotary: Kindly issue a writ of summons in the above-referenced 'matter. PRAECIPE FOR WRIT OF SUMMONS If POST & SC~EL:", P.c. I I \ , I By: ~J l "- Paula .\1 Dermott John R. "'anavan Date: 11 --/-'--tJ r 30 j ~()(} I .' ...~ 7CJ ~ ~ 1t- ~ () !'-..:I C c::::~ 0 C::l --..... 8 ~;~' .x.- -"1 ........ .~'I ~ "-> " ,; ; CJ :.-::1 . .' ~1 ..LI1 t; - C'J ~ ,r" P11= -.() FE! I "('1 f1i .,,(? ~ -.c:: ;::-5 (' -0 ...\ .) :1:.: ~;:~ ;!; P- ?c-;fl1 .- ~~ Ul ~~; (.1"1 --< .. DON A. BAIR, JR. 5406 Oxford Dr. Mechanicsburg, P A 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. NO: 04 - tcc>~7 ClU'lL~f/L~ EARTH WORKS ENVIRONMENTAL GROUP, INC. 1413 Arcona Rd. Mechanicsburg, P A 17055 CIVIL ACTION - LAW and JEFFREY 1. NOPHSKER 1249 Rossmoyne Rd. Mechanicsburg, P A 17055-4838 Defendants. WRIT OF SUMMONS To: Earth Works Environmental Group, Inc. and Jeffrey J. Nophsker Date: You are hereby notified that Don A. Bair, Jr. has commenC~d an acti~n a~st you. IJU. I, dJY:I{ (J h/) ~ J~, ';;r'~~ Curt Long, Prothonotary (l By,,- AI'J~.J7, 77zr..pA/Y,~ (SEAL) - A SHERIFF'S RETURN - REGULAR CASE NO: 2004-06027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAIR DON A JR VS EARTH WORKS ENVIRONMENTAL ETAL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon EARTH WORKS ENVIROMENTAL GROUP INC the DEFENDANT , at 1237:00 HOURS, on the 9th day of December, 2004 at 1413 ARCONA RD MECHANICSBURG, PA 17055 by handing to JEFFREY J NOPHSKER, PRESIDENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~~~ 18.00 10.36 .00 10.00 .00 38.36 R. Thomas Kline 12/10/2004 POST & SCHELL BY'.~~V Deputy-S iff Sworn and Subscribed to before me this /D ~ day of /l ~'1~ cJC1J~ A.D. C~~ Q '>h ui€!~, ~, 'p othonotary I --. SHERIFF'S RETURN - REGULAR CASE NO: 2004-06027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAIR DON A JR VS EARTH WORKS ENVIRONMENTAL ETAL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NOPHSKER JEFFREY J the DEFENDANT , at 1237:00 HOURS, on the 9th day of December, 2004 at 1413 ARCONA ROAD MECHANICSBURG, PA 17055 by handing to JEFFREY NOPHSKER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~-..r/(2..~1.,(:::~~"'..{: .~ r ."'/~"'- R. Thomas Kline Sworn and Subscribed to before 12/10/2004 POST :y~CHE#~ ~ Deputy~riff - me this J() i5:: day of C}u:;']' .;jto$' A.D. C 14UL ('J. YhJ~ ~~ I ~rothonotary j ~ ... SHERIFF'S RETURN - REGULAR CASE NO: 2004-06027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAIR DON A JR VS EARTH WORKS ENVIRONMENTAL ETAL CPL. MICHAEL BARRICK / Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania/ who being duly sworn according to law/ says/ the within WRIT OF SUMMONS was served upon NOPHSKER JEFFREY J AS OFFICER OF EARTH WORKS the DEFENDANT / at 1237:00 HOURS/ on the 9th day of December / 2004 at 1249 ROSSMOYNE ROAD MECHANICSBURG/ PA 17055 by handing to JEFFREY NOPHSKER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,,.,'" .~>>~ .__r~.2'~;'~',:~~,;~~} -~.~, r ....,..... tJ'~-? .,~.~" :.-?::~~~:r~ R. Thomas Kline me this ~ /6 -. day of 12/10/2004 POST & SCHELL __~ BY'~O nw Deputy S~ . Sworn and Subscribed to before C)'" "~:~ c h"J~1 a ~ ~ tr thonotary , ~s.l A.D. POST & SCHELL, P.C. BY: PAULA 1. MCDERMOTT I.D. #:46664 240 GRAND VIEW A VENUE CAMP HILL, P A 17011 (717)731-1970 ATTORNEYS FORPLAINTWF DON A. BAIR, JR. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY DON A. BAIR, JR. v. EARTH WORKS ENVIRONMENTAL GROUP, INe. and JEFFREY J. NOPHSKER, Individually and in his capacity as an Officer of NO: 04-6027 Earth Works Environmental Group, Inc., Defendants. CNIL ACTION - LAW 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 32 South Bedford Street Carlisle, Pa 17013 717-249-3166 800-990-9108 POST & SCHELL, P.c. BY: PAULA 1. MCDERMOTT LD. #:46664 240 GRAND VIEW A VENUE CAMP HILL, PA 17011 (717)731-1970 ATTORNEYS FOR PLAINTIFF DON A. BArR, JR. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY DON A. BAIR, JR. v. EARTH WORKS ENVIRONMENTAL GROUP, INe. and JEFFREY J. NOPHSKER, Individually and in his capacity as an Officer of Earth Works Environmental Group, Inc., NO: 04-6027 Defendants. CNIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff Don A. Bair, Jr. ("Plaintiff'), by and through his attorneys, Post & Schell, P.e., and in support of his Complaint, avers as follows: 1. Plaintiff is an adult individual and resident of Cumberland County, Pennsylvania with an address of 5406 Oxford Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant Earth Works Environmental Group, Inc. ("Earth Works") IS a Pennsylvania corporation with a principal place of business located at 1413 Arcona Road, Mechanicsburg, Pennsylvania 17055. 3. Earth Works is in the business of residential and commercial landscaping. 4. Defendant Jeffrey J. Nophsker ("Mr. Nophsker") is an adult individual, and an officer of Earth Works, with an address of 1249 Rossmoyne Road, Mechanicsburg, Pennsylvania 17055-4838. 5. Plaintiff was hired by Mr. Nophsker and worked for Earth Works from March 2002 until October 30, 2003 as a foreman. Plaintiff began working for Earth Works as a foreman; however, Plaintiff was laid off in the winter of 2002-2003 due to a lack of work. 6. All dealings between Plaintiff and Earth Works related to employment took the form of verbal communication between Plaintiff and Mr. Nophsker rather than written correspondence and/or memoranda. 7. In or around November 2000, Plaintiff was ordered to begin paying child support to his former wife for the care of his son. 8. When Plaintiff began working for Earth Works in March 2002, it became the responsibility of Earth Works, pursuant to Pennsylvania law, to deduct the support obligations from Plaintiffs paycheck and submit them to Cumberland County Domestic Relations ("CCDR"). 9. Payments Earth Works did forward to CCDR were never on time causing ongoing problems among Plaintiff, CCDR, and Plaintiffs ex-wife. 10. For sixteen (16) weeks Earth Works failed to forward payments to CCDR despite the fact that deductions were made from Plaintiffs paycheck expressly for that purpose. II. In or around the summer of 2003, Plaintiff notified the Pennsylvania Department of Revenue that Earth Works was deducting payroll taxes from his paycheck but not reporting them to the Department of Revenue. 12. The Pennsylvania Department of Revenue informed Plaintiff that an investigation would be undertaken but Plaintiff never heard anything further. 13. Earth Works represented to Plaintiff that Plaintiff was covered under Earth Works medical benefits but no coverage was ever provided by Earth Works. - 2 - 14. Earth Works failed to obtain and/or maintain a policy of worker's compensation insurance for Plaintiff. 15. On or about May 20,2002, Plaintiff fractured his thumb in three (3) places while working on a swimming pool job for Earth Works located at the residence of Brian and Bonnie Ream, 1149 Fleming Drive, Mechanicsburg, PA 17055. 16. Plaintiff was forced to seek hospital treatment, incurred expenses of approximately $397.65, and missed approximately nine (9) days of work leading to lost wages of approximately $1,008.00. 17. In or about summer 2002, Plaintiff was injured while working for Earth Works as follows: Mr. Nophsker parked a rollback (towing vehicle) without blocking the vehicle's tires or engaging the hand brake. Mr. Nophsker then backed a backhoe off the rollback. The rollback began rolling towards Plaintiff who jumped into the "run away" truck and engaged the hand brake. By that time, however, the rollback was on the edge of a ditch and fell into the ditch with the hand brake engaged. Plaintiff struck his head causing him to miss three (3) days of work leading to lost wages of approximately $336.00. 18. In or about September 2003, Plaintiff slipped down a hill while mowing a lawn at the house of Gary L. Nalbandian, 80 Greenwood Circle, Wormleysburg, P A 17043, an Earth Works job site, which caused Plaintiff to injure both knees and miss seven (7) days of work resulting in lost wages of $784.00. The knee injuries were so severe that surgical correction was required to repair them. 19. Plaintiff had to forgo medical treatment for his knees and various other work injuries because he did not have money to cover the treatment and because Earth Works did not - 3 - have Worker's Compensation Insurance as required by law thus prohibiting filing claims that would have paid for the medical expenses. 20. Plaintiffs pain from his knee injuries was so severe that it he was unable to get enough sleep; the sleep deprivation severely interfered with his ability to function properly. 21. Plaintiff missed approximately seven (7) days of work due to the pain in his knees resulting in a loss of income of $784.00. 22. Dr. Raymond Dahl, Plaintiffs orthopedic surgeon has documented that the pain and sleep deprivation caused by the injuries to his knees was severe enough to prevent him from working. Plaintiff was finally able to have surgery on his right knee on November 10,2004 and on his left knee on February IS, 2005. Dr. Dahl says he will not be fit to work through April 20, 2005. 23. Plaintiff was never compensated for thirty-two hours of accrued vacation at a rate of$14.00 an hour resulting in a loss of $448.00. 24. On or about October 30, 2003, Plaintiff left the employment of Earth Works for what the Pennsylvania Department of Labor and Industry determined to be a "necessitous and compelling" reason; primarily Earth Works failure to forward support payments to CCDR for sixteen (16) weeks. Throughout the entire time of his employment, to the best of Plaintiffs knowledge, information, and belief, not one child support payment was made within the 2-week time period as required by law. 25. Following the determination that Plaintiffs separation from Earth Works was for a "necessitous and compelling" reason, Plaintiff was awarded unemployment compensation benefits. - 4- 26. By correspondence dated, January 14, 2004, Plaintiff was informed by the Pennsylvania Department of Labor and Industry that he was not eligible for unemployment benefits because he did not earn enough wages in his "base year." 27. Thereafter, Plaintiff learned that Earth Works failed to report his wages earned for, at least, the first, second and third quarters of2003. 28. Plaintiff appealed the determination and, on February 21, 2004, began receiving the benefits to which he was entitled. 29. The denial of benefits, which was caused by the actions and/or omission of Earth Works, caused Plaintiff to fall behind on his rent and led to his eviction from his apartment. 30. The severity of the on-the-job injuries to his knees, which required surgical correction, caused him constant pain, seriously interfered with his sleep, and prevented him from working. This inability to work coupled with the denial of benefits caused the loss of his 2001 Ford Escort ZX2 which was towed due to lack of insurance. The title of the Ford Escort is free and clear. The location of the car is unknown. As of this date, Plaintiff has not been able to afford the fine or renewed payments of the insurance to pursue the return of his vehicle. COUNT I VIOLATION OF PENNSYLVANIA WAGE PAYMENT AND COLLECTION LAW. 43 P.S. &260.1, et seq. 31. Plaintiff incorporates by reference his averments in paragraphs I through 27 as if set forth at length herein. 32. At all times relevant hereto, Mr. Nophsker was actively involved in the corporate decision making of Earth Works, including but not limited to, all decisions relating to the employment conditions of Plaintiff. - 5 - 33. At all times while in the employ of Earth Works, both Plaintiff and Earth Works were based in Pennsylvania. 34. In or about March 2002, Plaintiff acted as foreman for a job at 1149 Fleming Drive, Mechanicsburg, P A 17055 and was promised, but did not receive, a bonus of $250 for the successful completion of the job. 35. In or around the summer of 2002, Plaintiff acted as foreman for a job at Rocky Constable's business, P.A.C. Industries, 5341 Jaycee Avenue, Harrisburg, PA 17112 and was promised a bonus of$250 of which he received only $50. 36. Following his injury at the swimming pool job on or about May 20, 2002, Plaintiff incurred medical expenses of approximately $397.65 and missed approximately nine (9) days of work leading to lost wages of approximately $ 1 ,008.00. 37. In or about the surruner of 2002, following Plaintiffs injury on the rollback, he missed three (3) days of work causing him to lose wages of approximately $336.00. 38. In or about September 2003, following Plaintiffs injuries from slipping down a hill while mowing lawn at the house of Gary L. Nalbandian Plaintiff missed approximately seven (7) days of work leading to lost wages of approximately $784.00. 39. In or about September 2003, Plaintiff acted as foreman for a job at the residence of Gary L. Nalbandian, 80 Greenwood Circle, Wormleyshurg, PAl 7043, and was promised, but did not receive, a bonus of$500 for the successful completion of the job. 40. Plaintiff was never compensated for his week of accrued vacation totalling $448.00. 41. Plaintiff was unable to get unemployment benefits for 16 weeks and 2 days totalling approximately $2,804.40. - 6 - 42. Plaintiffs orthopedic surgeon, Raymond E. Dahl, D.O., has verified that because of Plaintiffs knee injuries, he is unable to work through April 20, 2005. Had Earth Works been insured pursuant to Pennsylvania law with a Worker's Compensation policy, Plaintiff would have been able to have the knee surgeries required to repair his on the job injuries and would have been able to work. Therefore, Plaintiff has suffered wage losses in the amount of $46,758.00 through April 20, 2005 at which point he will again be eligible to work full time. 43. Defendants lacked a "good faith" basis in which to deny Plaintiff the wages and compensation due him. 44. Plaintiff is entitled to an award of liquidated damages pursuant to 43 PA. 9 260.10 in the amount of25% oflost wages which is $11,689.50. 45. In addition to all wages, fringe benefits and/or wage supplements due, Plaintiff is entitled to an award of reasonable attorneys' fees pursuant to 43 P.S. g260.9a. WHEREFORE, Plaintiff Don A. Bair, Jr. respectfully requests that this Honorable Court enter judgment in his favor and against Defendants, in an amount in excess of $49,562.00, together with attorneys' fees, liquidated damages, costs of this action and whatever other relief this Court may find just and equitable. COUNT II BREACH OF EMPLOYMENT CONTRACT 46. Plaintiff incorporates by reference his averments in paragraphs 1 through 43 as if set forth at length herein. 47. The employment and retention of Plaintiff by Defendants constituted a contract of employment between Plaintiff and Defendants. - 7 - 48. Earth Works failed to provide health insurance and/or medical benefits for Plaintiff which constituted a breach of the employment agreement. 49. In or about September 2003, Plaintiff slipped down a hill while mowing a lawn on an Earth Works job site located at the residence of Gary L Nalbandian, 80 Greenwood Circle, W ormleysburg, P A 17043 which caused Plaintiff to miss several days of work. The resultant injury required surgical correction which Plaintiff was unable to treat until 2004 and 2005 because of Earth Works failure to provide worker's compensation insurance and/or medical benefits. 50. Earth Works failure to report Plaintiffs wages for 2003 was a breach of Earth Works' implied duties under the employment contract causing Plaintiff substantial damages and hardship. 5!. Earth Works failure to forward child support payments to CCDR, which it deducted from Plaintiffs paycheck, caused Plaintiff substantial damages and hardship. 52. Due to the repeated breaches ofthe employment contract, and intolerable conduct of Earth Works and Mr. Nophsker, Plaintiff was forced to resign his employment with Earth Works. 53. Plaintiffs resignation from Earth Works was later determined to be for a necessitous and compelling reason. 54. As a result of Defendants' breach of contract, Plaintiff was harassed, disciplined and ended his employment with Defendants which resulted in compensatory damages of lost wages, benefits and other losses. - 8 - WHEREFORE, Plaintiff Don A. Bair, Jr. respectfully requests that this Honorable Court enter judgment in his favor and against Defendants together with attorneys' fees, liquidated damages, costs of this action and whatever other relief as this Court may find just and equitable. COUNT III INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 55. Plaintiff incorporates by reference his averments in paragraphs I through 52 as if set forth at length herein. 56. Earth Works' failure to make payments to CCDR which were deducted from Plaintiffs paycheck caused the following to occur: Plaintiffs spouse refused to allow him to see his son; an investigation was undertaken by the CCDR; and, Plaintiffs son questioned him as to why Plaintiff was lying to his ex-wife regarding the payment of child support. 57. Earth Works' failure to report Plaintiffs wages for 2003 caused Plaintiff to lose his eligibility for benefits which cut off all sources of revenue for Plaintiff causing him to be evicted from his home. 58. Plaintiffs lack of income from the intentional acts of Earth Works caused the complete deterioration of his credit rating. 59. The extreme and outrageous, wanton and/or intentional misconduct of Earth Works and/or Mr. Nophsker caused Plaintiff to seek treatment for the resultant severe emotional distress at the mental health unit at Holy Spirit Hospital on or around August 22, 2004 through September 3, 2004 wherein Plaintiff incurred out of pocket expenses in the amount of$325. WHEREFORE, Plaintiff Don A. Bair, Jr. respectfully requests that this Honorable Court enter judgment in his favor and against Defendants together with attorneys' fees, punitive damages and whatever other relief as this Court may find just and equitable. - 9 - POST & SCHELL, P.C. By: _fo"O~. {'tf..~ Paula J. Dermott Date: {7 u.......~ ZC(!) '7 - 10- VERIFICATION I, Don A. Bair, Jr., Plaintiff, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. (.. .\) '\,A'\\ Cl. 1) ~ Don A. Bair, Jr. Date: 3-\'\- c6 i CERTIFICATE OF SERVICE AND NOW, this /7 day of March, 2005, I, Mindy R. Fink, a paralegal with the firm of Post & Schell, hereby state that I have this day caused to be served a true and correct copy of the foregoing Complaint via United States First Class mail addressed to the attorneys or parties of record as follows: Jeffrey J. Nophsker, Individually and in his capacity as an Officer of Earth Works Environmental Group, Inc. 1249 Rossmoyne Rd. Mechanicsburg, PA 17055-4838 Earth Works Environmental Group, Inc. 1413 Arcona Rd. Mechanicsburg, P A 17055 jJiJ -'ilk .3:cLA Mindy R. F' POST & SCHELL, P.c. BY: STEVEN K BAINBRIDGE J.D. #: 91018 17 NORTH SECOND STREET, 12TH FLOOR HARRISBURG PA 17101-1601 (717) 731-1970 ATTORNEYS FOR PLAINTIFF DON ABAIR, JR. DON A. BAIR, JR. Plaintiff, v. EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 04-6027 AMENDED COMPLAINT CIVIL ACTION - LAW Notice to Plead To: Earth Works Environmental Group, Inc.: You are hereby notified to file a written response to the enclosed Amended Complaint within thirty (30) days from service hereof or a judgment may be entered against you. Dated: January 31,2006 :ST&S1~~ Steven K. Bambridge, Esquire Attorney ID # 91018 17 North Second Street, 12th Floor Harrisburg PA 17101-1601 (717) 612-6013 sbain brid I;e\alpostschell. com Attorneys for Plaintiff POST & SCHELL, P.C. BY: STEVEN K. BAINBRIDGE 1.D. #: 91018 I7 NORTH SECOND STREET, 12TH FLOOR HARRlSBURG PA 17101-1601 (717)731-1970 ATTORNEYS FOR PLAINTIFF DON A BAIR. JR. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY DON A. BAIR, JR. v. EARTH WORKS ENVIRONMENTAL GROUP, INC, NO: 04-6027 Defendant. AMENDED COMPLAINT CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW, comes Plaintiff Don A. Bair, Jr. ("Plaintiff'), by and through his attorneys, Post & Schell, P.C., and in support of this Amended Complaint, avers as follows: I. Plaintiff is an adult individual and resident of Cumberland County, Pennsylvania with a mailing address of P.O. Box 331, Mechanicsburg, Pennsylvania 17055. 2. Defendant Earth Works Environmental Group, Inc. ("Earth Works") is an active Pennsylvania corporation, Pennsylvania Department of State Entity Number 3060845, with a principal place of business located at 1413 Arcona Road, Mechanicsburg, Pennsylvania 17055, using P.O. Box 791, Camp Hill, P A 17011 as its Registered Mailing address. 3. Earth Works is in the business ofresidential and commercial landscaping. 4. Mr. Jeffrey J. Nophsker is President of Earthworks. - 2 - 5. Plaintiff was hired by Mr. Nophsker and worked for Earth Works from March 2002 until October 30, 2003 as a foreman. Plaintiff began working for Earth Works as a foreman; however, Plaintiff was laid off in the winter of 2002-2003 due to a lack of work. 6. All dealings between Plaintiff and Earth Works related to employment took the form of verbal communication between Plaintiff and Mr. Nophsker, rather than written correspondence and/or memoranda. 7. Earth Works represented to Plaintiff that Plaintiff was covered under Earth Works medical benefits but no coverage was ever provided by Earth Works. 8. Earth Works failed to obtain and/or maintain a policy of worker's compensation insurance for Plaintiff. 9. In or about September 2003, Plaintiff slipped down a hill while mowing a lawn at the house of Gary L. Nalbandian, 80 Greenwood Circle, Wormleysburg, P A 17043, an Earth Works job site, which caused Plaintiff to injure both knees and miss seven (7) days of work (hereafter referred to as the "knee injuries.") The knee injuries were so severe that surgical correction was required to repair them. I O. Plaintiff had to forgo medical treatment for his knee injury because he did not have money to cover the treatment and, because Earth Works did not have Worker's Compensation Insurance as required by law, thus prohibiting filing claims that would have paid for the medical expenses. II. Plaintiffs pain from his knee injuries was so severe that it he was unable to get enough sleep; the sleep deprivation severely interfered with his ability to function properly. 12. On or about October 30, 2003, Plaintiff left the employment of Earth Works for what the Pennsylvania Department of Labor and Industry determined to be a "necessitous and - 3 - compelling" reason; primarily Earth Works failure to forward support payments to CCDR for sixteen (16) weeks. 13. Dr. Raymond Dahl, Plaintiffs orthopedic surgeon has documented that the pain and sleep deprivation caused by the injuries to his knees was severe enough to prevent him from working. Plaintiff was finally able to have surgery on his right knee on November 10, 2004 and on his left knee on February 15, 2005. Dr. Dahl says he was not fit to work until April 20, 2005. 14. At all times while in the employ of Earth Works, both Plaintiff and Earth Works were based in Pennsylvania. 15. At all times relevant hereto, Mr. Nophsker was actively involved in the corporate decision making of Earth Works, including but not limited to, all decisions relating to the employment conditions of Plaintiff. COUNT I Neldil/:ence 16. Plaintiff incorporates by reference the foregoing paragraphs as if set forth at length herein. 17. Plaintiffs orthopedic surgeon, Raymond E. Dahl, D.O., has detennined that because of Plaintiffs knee injuries, he is unable to work through April 20, 2005. Had Earth Works been insured pursuant to Pennsylvania law with a Worker's Compensation policy, Plaintiff would have been able to have the knee surgeries required to repair his on the job injuries and would have been able to work. Therefore, Plaintiff has suffered wage losses due to the knee injuries in the amount of $40,992 from October 30, 2003 through April 20, 2005, calculated at a $]4.00 an hour rate, at which point he was again eligible to work full time. - 4- 18. The knee injury constitutes an "injury" or "personal injury" as defined in 77 P.S. 9411(1). 19. Pursuant to 77 P.S. 9 51, Defendant is liable the negligence of all employees acting within the scope of its employment, which includes Plaintiffs negligence in causing his own knee injury. 20. Pursuant to 77 P.S. 9 41, in any action brought to recover damages for personal injury to an employee in the course of his employment, it shall not be a defense that the employee had assumed the risk of the injury, or that the injury was caused in any degree by the negligence of such employee, unless it be established that the injury was caused by such employee's intoxication or by his reckless indifference to danger. In addition, the burden of proving such intoxication or reckless indifference to danger shall be upon the defendant, and the question shall be one of fact to be determined by the fact-finder. 21. Pursuant to 77 P.S. 9 50l(a)(1), Defendant was required to obtain and maintain worker's compensation insurance, and failed to do so when the knee injury occurred. 22. Plaintiff brings this action pursuant to 77 P.S.g 501(d). WHEREFORE, Plaintiff Don A. Bair, Jr. respectfully requests that this Honorable Court enter judgment in his favor and against Defendant, in an amount in excess of $40,992.00, together with costs of this action and whatever other relief this Court may find just and equitable. - 5 - COUNT II VIOLATION OF THE PENNSYL VANIA WAGE PAYMENT AND COLLECTION LAW. 43 P.S. !l260.1. et seq. 23. Plaintiff incorporates by reference the foregoing paragraphs as if set forth at length herein. 24. In or about March 2002, Plaintiff acted as foreman for a job at 1149 Fleming Drive, Mechanicsburg, P A 17055 and was promised, but did not receive, a bonus of $250 for the successful completion of the job. 25. In or around the summer of 2002, Plaintiff acted as foreman for a job at Rocky Constable's business, P.A.C. Industries, 5341 Jaycee Avenue, Harrisburg, PA 17112 and was promised a bonus of$250 of which he received only $50. 26. In or about September 2003, Plaintiff acted as foreman for a job at the residence of Gary L. Nalbandian, 80 Greenwood Circle, Wormleysburg, P A 17043, and was promised, but did not receive, a bonus of $500 for the successful completion of the job. 27. At the end of his employment, Plaintiff was never compensated for his week of accrued vacation totalling $448.00. 28. The total unpaid bonus and vacation time due to Plaintiff equals $1,398.00. 29. Defendants lacked a "good faith" basis in which to deny Plaintiff the wages and compensation due him. 30. Plaintiff brings this action pursuant to 43 P.S. S 260.9a(a) and (b). 31. Plaintiff is entitled to an award of liquidated damages pursuant to 43 P.S. S 260.10 in the amount of25% of the lost wages of$I,398.00, or $349.50. 32. In addition to aU wages, fringe benefits and/or wage supplements due, Plaintiff is entitled to an award of reasonable attorneys' fees pursuant to 43 P.S. S260.9a(f). - 6 - WHEREFORE. Plaintiff Don A. Bair, Jr. respectfully requests that this Honorable Court enter judgment in his favor and against Defendant, in an amount in excess of $1,747.50.00, together with attorneys' fees, liquidated damages, costs of this action and whatever other relief this Court may find just and equitable. Respectfully submitted, POST & SCHELL, P.c. fA fJiN Steven K. Bainbridge, Esquire Attorney LD. # 91018 17 North Second Street, 12th Floor Harrisburg PA 17101-1601 (717) 612-6013 sbainbridge@postsche11.com By: Attorneys for Plaintiff Date: January 31,2006 - 7 - VERIFICA nON I, Don A. Bair, Jr., Plaintift~ do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: li~l~ - .~ "'--1 ..G'l\ i \ . ;, ,\ Don A. ff'air, Jr. " co DON A. BAIR, JR. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. EARTH WORKS ENVIRONMENTAL GROUP, INC., and JEFFREY J. NOPHSKER, Individually and in his capacity as an Officer of Earth Works Environmental Group, Inc., NO: 04-6027 CIVIL ACTION - LAW Defendants. Consent to File Amended Complaint Pursuant to Pa.R.C.P. 1033, Defendants Earth Works Environmental Group, Inc. and Jeffrey J. Nophsker, Individually and in his capacity as an Officer of Earth Works Environmental Group, Inc., hereby give their consent for the Plaintiff to file the Amended Complaint attached hereto. In the Amended Complaint, Mr. Nophsker is no longer a named defendant; however his consent is given since he is a named Defendant in the Original Complaint. Respectfully Submitted, Dated: / It? Ice, . . ( , L--. //n_)"f. . L.J..-f ) I.' ~ Jc:ffrey J. N ophske{ I .. CERTIFICATE OF SERVICE I, Steven K. Bainbridge, hereby state that I have this day caused to be served a true and correct copy of the foregoing Amended Complaint via United States First Class mail addressed to the attorneys or parties of record as follows: Steven M. Williams, Esquire Wix, Wenger, & Weidner 508 North 2nd Street P.O. Box 845 Harrisburg P A 17108-0845 Attorneys for Defendant Dated: January 31,2006 POST & SCHELL, P.C. lAL Steven K. Bainbridge, Esquire '_"-4 ._, 1",' ,,~ ~-:" ':J ~'11 :t!, ::rJ ! 1 {__ -n~_l_! ~U '-r} ~'-~1(), ... -r-, ':;,') :-"-lnn ~~ ..,.... ~~O :< -n r'j tJj -'<' _." ';'? f'.) (.., , WIX, WENGER & WEIDNER Steven M. Williams, 1.0. # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant DON A. BAIR, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-6027 CIVIL EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant JURY TRIAL DEMANDED PREACIPE TO ENTER APPEARANCE To the Prothonotary: Please enter our appearance on behalf of Defendant in this case. Papers may be served at the address indicated below. Date: March 27, 2006 By: Steven M. Williams, 1.0. # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant F:lsmw\5779 (NOPHSKER. JEFFREY J.)\13355 (BAIR v. EARTH WORKS & NOPHSKER)\DOCUMENTS\Entry of Appearance.doc ~ DON A. BAIR, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-6027 CIVIL EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Steven K. Bainbridge, Esquire Post & Schell 17 North Second Street, 12th Floor Harrisburg, PA 17101-1601 Attorneys for Plaintiff Respectfully Submitted, WIX, WENGER & WEIDNER , Date: March 27, 2006 By: ., b....----. Alison A. Zortman, Legal ssistant 508 North Second Stree P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant ~i 1 .-, 3; <" r.'; c---, to') CII WIX, WENGER & WEIDNER Steven M. Williams, I.D. # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant DON A. BAIR, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-6027 CIVIL EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiff, Don A. Bair, Jr., c/o Steven K. Bainbridge, Esquire, Post & Schell, 17 North Second Street, 12th Floor, Harrisburg, PA 17101-1601 You are hereby directed to plead to the within New Matter within twenty (20) days after service upon you or a default judgment may be entered against you. Date: 4\~,\uG teven M. Williams, I.D. # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant . I , DON A. BAIR, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-6027 CIVIL EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant JURY TRIAL DEMANDED ANSWER TO AMENDED COMPLAINT WITH NEW MATTER AND NOW, comes Defendant, Earth Works Environmental Group, Inc. ("Earth Works"), by and through its attorneys, Wix, Wenger & Weidner, and files this Answer to Amended Complaint with New Matter, stating the following: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Earth Works did not provide Plaintiff medical benefits. The remainder of Plaintiff's paragraph 7 is specifically denied, and proof is demanded. By way of further answer, Earth Works never had in place any medical benefits coverage that applied to Plaintiff, and no contrary representations were ever made to him. 8. Denied as stated. It is specifically denied that Earth Works failed to obtain or maintain a policy of workers compensation insurance for Plaintiff, and proof is demanded. Rather, at all times during Plaintiff's employ, with the exception of a short period of time when there was an inadvertent lapse, Earth Works had in place the required workers' compensation policy. 9. Denied. After reasonable investigation, Earth Works is without information or knowledge sufficient to answer this allegation, the same therefore being specifically denied, and proof is demanded. 10. Denied. After reasonable investigation, Earth Works is without information or knowledge sufficient to answer this allegation, the same therefore being specifically denied, and proof is demanded. By way of further answer, this paragraph states conclusions of law to which no answer is required. 11. Denied. After reasonable investigation, Earth Works is without information or knowledge sufficient to answer this allegation, the same therefore being specifically denied, and proof is demanded. 12. Admitted in part and denied in part. It is admitted that Plaintiff left the employ of Earth Works on or about October 30, 2003. The remainder of this paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, after reasonable investigation, Earth Works is without information or knowledge sufficient to answer this allegation, the same therefore being specifically denied, and proof is demanded. 13. Denied. After reasonable investigation, Earth Works is without information or knowledge sufficient to answer this allegation, the same therefore being specifically denied, and proof is demanded. 2 14. Admitted. 15. Admitted. Count I - Neqliqence 16. Paragraphs 1 through 15 hereof are incorporated herein by reference as if fully set forth. 17. Denied. After reasonable investigation, Earth Works is without information or knowledge sufficient to answer this allegation, the same therefore being specifically denied, and proof is demanded. Furthermore, this paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 18. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 19. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 20. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 21. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically 3 denied, and proof is demanded. By way of further answer, Earth Works incorporates herein by reference as if fully set forth its answer to Plaintiffs paragraph 8. 22. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. WHEREFORE, Earth Works respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff and award such other relief as this Court deems just and appropriate. Count II - Waqe Payment and Collection Law 23. Paragraphs 1 through 15 hereof are incorporated herein by reference as if fully set forth. 24. Admitted in part and denied in part. Upon information and belief, it is admitted that Plaintiff worked at the referenced job. It is specifically denied, however, that Plaintiff earned any bonus with regard to the referenced job that was not paid to him, and proof is demanded. 25. Admitted in part and denied in part. Upon information and belief, it is admitted that Plaintiff worked at the referenced job. It is specifically denied, however, that Plaintiff earned any bonus with regard to the referenced job that was not paid to him, and proof is demanded. 26. Admitted in part and denied in part. Upon information and belief, it is admitted that Plaintiff worked at the referenced job. It is specifically denied, however, that 4 Plaintiff earned any bonus with regard to the referenced job that was not paid to him, and proof is demanded. 27. Admitted in part and denied in part. It is admitted that Plaintiff was not paid for any accrued vacation. It is specifically denied, however, that Plaintiff was entitled to be paid for any accrued vacation, and proof is demanded. 28. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, it is specifically denied that Earth Works owes Plaintiff any amounts for unpaid bonuses, vacation or other compensation, and proof is demanded. 29. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 30. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 31. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 32. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. 5 WHEREFORE, Earth Works respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff and award such other relief as this Court deems just and appropriate. New Matter 33. Earth Works' answers to paragraphs 1 through 32 of Plaintiffs Amended Complaint are incorporated herein by reference as if fully set forth. 34. Plaintiff began his employment with Earth Works as a mowing foreman on or about March 20, 2002. 35. Plaintiff and Earth Works did not enter into a written employment contract. 36. Plaintiff's starting wage was $12.00 per hour. 37. Earth Works did not provide to Plaintiff any medical or other fringe benefits, with the exception of occasionally paying Plaintiff for vacation days. 38. In or about May 20, 2002, Plaintiff alleges that he sustained an on-the-job injury to his thumb. 39. Plaintiff did not inform Earth Works of the alleged thumb injury at the time of the injury or any time while he was employed by Earth Works. 40. Plaintiff did not inform Earth Works' insurance carrier of the alleged thumb injury at the time of the injury or any time while he was employed by Earth Works. 41. In or about the summer of 2002, Plaintiff alleges that he sustained an on-the-job injury to his head. 6 42. Plaintiff did not inform Earth Works of the alleged head injury at the time of the injury or any time while he was employed by Earth Works. 43. Plaintiff did not inform Earth Works' insurance carrier of the alleged head injury at the time of the injury or any time while he was employed by Earth Works. 44. In or about September 2003, Plaintiff alleges that he sustained an on-the-job injury to his knees. 45. Plaintiff did not inform Earth Works of the alleged knee injury at the time of the injury or any time while he was employed by Earth Works. 46. Plaintiff did not inform Earth Works' insurance carrier of the alleged knee injury at the time of the injury or any time while he was employed by Earth Works. 47. Earth Works first became aware of the alleged thumb, knee and head injuries in or about March 2005 when it received Plaintiff's Complaint in this case. Prior to its receipt of the Complaint in this case, Earth Works had no knowledge or notice of any of the said alleged injuries. 48. Earth Works' insurance carrier first became aware of the alleged thumb, knee and head injuries in or about March 2005 after Earth Works received Plaintiff's Complaint in this case. Prior March 2005, Earth Works' insurance carrier had no knowledge or notice of any of the said alleged injuries. 49. Plaintiff worked for Earth Works until approximately October 30,2005, when he voluntarily resigned his position. 50. At the time of his resignation, Plaintiff's wage was $12.00 per hour. 7 51. During Plaintiff's employ with Earth Works, Plaintiff worked an average of 30 - 40 hours a week. 52. Plaintiff's employment with Earth Works was seasonal, and upon information and belief, during Plaintiff's employ with Earth Works, Plaintiff worked only during the months April to November. 53. During calendar year 2002, Plaintiff worked approximately 1065 hours for Earth Works. 54. During calendar year 2003, Plaintiff worked approximately 421 hours for Earth Works. 55. Plaintiffs average employment year with Earth Works was only 743 hours. 56. Some or all of Plaintiffs claims against Earth Works may be barred by the doctrine of comparable/contributory negligence. 57. Some or all of Plaintiff's claims against Earth Works may be barred due to Plaintiff's intoxication or reckless indifference to danger. 58. Some or all of Plaintiffs claims may be barred because Plaintiff did not attempt to mitigate his damages. 59. Some of Plaintiff's claims may be barred by the applicable statute of limitations. WHEREFORE, Earth Works respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff and award such other relief as this Court deems just and appropriate. 8 Date: L\ \~\, 010 WIX, WEN R & WEIDNER , /' / / By: Ste n M. Williams, 1.0. # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant mitted, F:lsmw\5779 (NOPHSKER, JEFFREY J.)113355 (BAIR v. EARTH WORKS & NOPHSKER)IDOCUMENTSIANSWERdoc 9 VERIFICATION I have read the foregoing Answer and hereby affirm and verify that it is true and correct to the best of my knowledge, information and belief. I verify that all of the statements made in the foregoing Answer are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities. Earth Works Environmental Group, Inc. L~'{~ Date: DON A. BAIR, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-6027 CIVIL EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that the foregoing Answer was sent by first class mail, postage prepaid this day to the following: Steven K. Bainbridge, Esquire Post & Schell 17 North Second Street, 1 ih Floor Harrisburg, PA 17101-1601 Attorneys for Plaintiff Respectfully Submitted, WIX, WENGER & WEIDNER Date: if / ~ 1/(1;' /......,' / ;f l By: ( Alison . Zo man, Legal" 508 North Second Stre t P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant ..... .. POST & SCHELL, P.C. BY: STEVEN K. BAINBRIDGE l.D. #: 91018 17 NORTH SECOND STREET, 12TH FLOOR HARRISBURG PA 17101-1601 (717) 731-1970 ATTORNEYS FORPLAlNTffF DON A. BAlR, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY DON A. BAIR, JR. Plaintiff, v. NO: 04-6027 CIVIL ACTION - LAW EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant. ------ !!emand For Jurv Tri~ PurSuant to pennsylvania Rule of Civil Procedure 1007.1(a), plaintiff Don A. Bair, Jr., hereby demands that a jury trial be held in the above captioned matter. RespectfullY submitted, POST & SCHELL, P .C. By: JL= ~~4 Steven K. Bainbridge, Esquue Attomey 1.D. # 91018 17 North Second Street, lih Floor Harrisburg PA 17101-1601 (717) 612-6013 sbainbridge@postschell.com Attomeys for Plaintiff Date: April 26, 2006 CPH 372957vl CERTIFICATE OF SERVICE - - \, Steven K. Bainbridge, hereby state that \ have this day caused to be served a trUe and correct copy of the foregoing Deroand For Jury Trial via United States First Class mail addressed to the attorneys or parties of record as follows: Steven M. williams, Esquire Wix, Wenger, & Weidner 508 North 2nd Street P.O. BoX 845 Harrisburg P A 17108-0845 Attorneys for Defendant POST & SCHELL, P .C. Dated: April 26, 2006 ~~' - ~~ Steven K. Bainbridge, Esquire CPH 372957v\ ~ () r.; l'..) .......j "-, ,~ C-:JJ cr", :!'r,.. \.J :::ZJ N -.J c..,) ~1 55 -< .J . WIX, WENGER & WEIDNER Jeffrey C. Clark, ID #89277 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant DON A. BAIR, JR., Plaintiff v. EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6027 CIVIL : JURY TRIAL DEMANDED PREACIPE Please withdraw my appearance in this case. Date: d \1 \ 01 teven M. Williams, I.D. # 62051 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant ~ . To the Prothonotary: Please enter my appearance on behalf of Defendant in this case. Papers may be served at the address indicated below. Respectfully Submitted, WEIDNER Clark, ID #89277 N Second Street P. . Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant Date: \ 1~\Jo 1 b . .,. . DON A. BAIR, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-6027 CIVIL EARTH WORKS ENVIRONMENTAL GROUP, INC., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: Steven K. Bainbridge, Esquire Paula J. McDermott, Esquire Post & Schell 17 North Second Street, 12th Floor Harrisburg, PA 17101-1601 Attomeys for Plaintiff Respectfully Submitted, WIX, WENGER & WEIDNER Date: ;;:> \ ' \ O~ By: . rYl . L M. Sites, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant F:\smw\5779 (NOPHSKER, JEFFREY J.)\13355 (BAIR v. EARTH WORKS & NOPHSKER)\OOCUMENTS\Praecipe - Withdrawal- Entry.doc 1/30/0711:10 AM C, l'-J (~ ("~'::::J () :~,:J .~ ......J 11 ...,-, :-:,::1 f; . C::J I C) -0 c...:, 0 :_-) r'0 ..< V DON A. BAIR, JR. Plaintiff v. EARTH WORKS ENVIRONMENTAL GROUP, INC., et al. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO: 04-6027 TO THE COURT: STATEMENT OF INTENTION TO PROCEED Don A. Bair, Jr. intends to proceed with the above-captioned matter. ~ ~G~~ "' Dated: October 26, 2010 - . -" ~ PAULA J. DERMOTT, ESQUIRE Attorney I.D. # 46664 Post & Schell, P.C. 17 North 2nd Street, 12d` Floor Harrisburg, PA 1710,1-1601 (717) 612-6012 ~~ ~ ~ Attorneys for Plaintiff, Don A. r, ~ ...~ ~~ o ~ ac-n ~ . ~ ~,r ~ -~ ~~ ~~ rn ~o "~ ~ ~ =_- ao f c~ ~m '~" ~~ ,,,.-{ C~ r-- y ..~- -. ..? CERTIFICATE OF SERVICE I, Paula J. McDermott, Esquire, an attorney at the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did cause to be served a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid and by First-Class Mail: Jeffrey C. Clark, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 POST & SCHELL, P.C. Paula J. Dermott, Esquire Date: October 26, 2010 7087413v1 IN THE COURT OF COMMON PLEAS DON A. BAIR, JR. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO: 04-6027 v. - ---� EARTH WORKS ENVIRONMENTAL rn 0-1 t"' ` GROUP, INC., et al. ra c, , ti" —:C • Defendants t .) =C) - ;:.> - STATEMENT OF INTENTION TO PROCEED TO THE COURT: Don A. Bair, Jr. intends to proceed with the above-captioned matter. Dated: October 23, 2013 i..gJ2t4 PAULA J. MERMOTT, ESQUIRE Attorney I.D. # 46664 Post& Schell, P.C. 17 North 2nd Street, 12th Floor Harrisburg, PA 17101-1601 (717) 612-6012 Attorneys for Plaintiff, Don A. Bair, Jr. CERTIFICATE OF SERVICE I, Paula J. McDermott, Esquire, an attorney at the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did cause to be served a true and correct copy of the foregoing document upon the following individual(s) via U.S. Mail, First Class, postage prepaid, as follows: Jeffrey C. Clark, Esquire Wix, Wenger& Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Dated: /CA.34 3 f & Paula J. McDe&ott