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HomeMy WebLinkAbout13-5754 Oct, 3. 2013 2:57PM METTE EVANS & WOODSIDE No.5504 P. 2 Supreme Co ; ennsylvania Court •;Y. - ...... _:.._ -.:._ ....:. _...: - �:._:...::::;: =_ :Wd T O leas xar -J°ro /ianolnrZC/se QnPj . ; _- r - -- - C�, Flan � � ". � _ - =— — __ _ ' - -' :.. __ _ _ - _ � Irt >t County =__ �_ _.. , � -__ _ -_ The information collected on this fornr is used solely.for tour f adrninislraHon purposes. Tltis form does not supplement or replace the filing acrd service ofpleodings or other papers as required b , law or rules o court. Commencement of Action: Complaint ❑ Writ of Summons d Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C lead Plaintiffs Name: Lead Defendant's Name: Janice Aldinger Woods The Enola Sportsmen's Association Dollar Amount Requested: Owithin arbitration limits Y:= : Are money damAges requested? 0 'Yes ❑ No (check one) ❑outside arbiaatiai limits `= Ys this a Class Action Suit? ❑ Yes ® No Xs this an tl"MDJ�Appeat? ❑ Yes 0 No �:_ -_.:- -_ Name of Plaintiff /Appellant's Attorney: Kevin J. Hayes, Esq. Q Check here If ,you have no attorney (are a Self Represented (Pro Sel Litigant) Nature of the Case Place au "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. - TORT (do not include Mass t ort) CONTRACT (do not include Judgments) CIVIL APPEALS __ =- ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies _ ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ' =_ -_ ❑ Motor Vehicle ❑ Debt Collection: Other __ ❑Board of Elections __ �] Nuisance [] Dept. of Transportation ❑ Premises Liability Statutory Appeal: Other "` ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: ❑ Slander /Libel/ Defamation Discrimination C ❑ Other: Employment Dispute, Other ❑ Zoning Board Wage payment Collection T Law ©Other: _ [� Other: MASS TORT _ _ ❑ Asbestos Q Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS _ -- (] Toxic Waste ❑ Other: ❑ Ejectment Q Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment Ground bent 8 Mandamus Q Landlordn'enant Dispute Non - Domestic Relations Mortgage foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY �] Mortgage foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin [] Legal ❑ Quiet Title [] Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 F r= D CIFFICt Z0 3 4 0r T --3 PM 3: 0 CUMBERLAPdD COUINTY PENJNSY'LVANIA Thomas A. Archer, Esquire Sup. Ct. ID No. 73293 Kevin J. Hayes, Esquire Sup. Ct. ID No. 314338 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 — Phone (717) 236 -1816 — Fax kjhayes(Da mette.com Attorneys Plaintiff JANICE ALDINGER WOODS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. THE ENOLA SPORTSMEN'S ASSOCIATION CIVIL ACTION LAW /EQUITY Defendants 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. aw sib?. 7! C,��f A v 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 St. Carlisle, PA 17013 Telephone: (717) 249 -3166 Respectfully submitted, METTE, EVANS & WOO SIDE By: Thomas A. Archer, Es re Sup. Ct. I.D. No. 73293 Kevin J. Hayes, Esquire Sup. Ct. I.D. No. 314338 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 - Phone Attorneys for Plaintiff Date: October, 2013 672556v1 Thomas A. Archer, Esquire Sup. Ct. ID No. 73293 Kevin J. Hayes, Esquire Sup. Ct. ID No. 314338 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 — Phone (717) 236 -1816 — Fax kjhayesp tte.com Attorneys for Plaintiff JANICE ALDINGER WOODS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. THE ENOLA SPORTSMEN'S ASSOCIATION CIVIL ACTION LAW/EQUITY Defendants COMPLAINT Plaintiff, Janice Aldinger Woods, by and through its undersigned counsel, files the within Complaint, in support whereof Plaintiff avers as follows: PARTIES 1. Plaintiff, Janice Aldinger Woods ( "Plaintiff'), is an adult individual residing at 41 Salt Road, Enola, Pennsylvania 17025. 1 2. Defendant, The Enola Sportsmen's Association ( "Defendant ") is a Pennsylvania non - profit corporation with a principal place of business located at 290 Pine Hill Road, Enola, Pennsylvania 17025 and registered office address of 25 N. Enola Drive, Enola, Pennsylvania. 3. Defendant is a private, invitation -only sportsmen's club that offers facilities and programs centered around dining and recreational activities. 4. The various facilities located at 290 Pine Hill Road, Enola, Pennsylvania are referred to herein as the "Club." 5. Defendant is operated by a board of directors appointed for 3 year terms (the "Board of Directors ") and an executive board composed of a president, vice - president, treasurer, and secretary, each appointed for a one year term (the "Executive Board "). 6. The Executive Board consists of the following individuals: Tim Dundorff, President; Gary Shutt, Vice - President; Mike Munchel, Treasurer; and Steve Stoner, Secretary. 7. The Board of Directors includes, but is not limited to, the following individuals: Paul Schloder, Jeffrey Clouser, Brooks Kennedy, Miles Makowski, and Dennis Small. 8. At all relevant times, the Defendant acted through its Board of Directors and Executive Board. JURISDICTION AND VENUE 9. Jurisdiction and venue are appropriate in this Court because the parties are located in Cumberland County, Pennsylvania. 10. Jurisdiction and venue are appropriate in this Court because the events and transactions out of which the causes of action arise occurred in Cumberland County, Pennsylvania. BACKGROUND 2 11. Plaintiff worked for Defendant in a variety of roles for nearly thirty years. 12. Plaintiff began working at the Club in 1986 as a server. 13. In 1995, Defendant hired Plaintiff as the manager for the Club, with an initial salary of $500 /week. 14. Plaintiff s duties as manager included, among other things: Supervising the operations of the club, organizing and coordinating special events, scheduling employees' hours, managing and stocking supplies for the Club, supervising maintenance of the building and Club, maintaining the cash registers, and collecting all monies earned and turning over the same to the treasurer of Defendant. 15. On or around 1996, Defendant gave Plaintiff a list of "Managers Duties" that specifies in more detail the responsibilities of the manager. A true and correct copy of the document given to Plaintiff is attached as Exhibit "A." 16. On November 26, 2009, the parties executed a written contract (the "2009 Employment Agreement ") reducing the terms of Plaintiff s employment with Defendant to writing. A true and correct copy of the 2009 Employment Agreement is attached as Exhibit "B." 17. The 2009 Employment Agreement lists the duties and requirements for the manager position and memorializes the compensation of the manager position: SALARY: [$] 1,100. 00, Tips are extra. Includes health care benefits plan established by board. East year 3 week paid vacation increased to N/A weeks after the first year. Included 2 days sick leave paid. Work week is 40 hour minimum. Hours and shifts are flexible. Exhibit "B" (Capitals and strikethrough in original). 18. Defendant drafted the 2009 Employment Agreement. 19. The salary in the 2009 Employment Agreement refers to a weekly salary. 3 20. The 2009 Employment Agreement states that Plaintiff s compensation included a "health care benefits plan." 21. Nevertheless, Defendant never provided Plaintiff with health care coverage, health care benefits, or health care insurance. 22. Plaintiff was told by the Board of Directors that she could not go on the Defendant's health care plan due to her age. 23. Plaintiff turned 65 on May 10, 2009, and is currently 69 years old. 24. Defendant never provided monetary compensation to Plaintiff in lieu of providing health care benefits or insurance. 25. From November 2009 until July 2013, Plaintiff continued working as manager of the Club under the terms of the 2009 Employment Agreement. 26. From 2009 to the present Plaintiff has been paying the full cost of her healthcare insurance with Highmark Blue Cross, with the following monthly payments in each year: a. 2009 - $196 /month b. 2010 - $112 /month c. 2011 - $161 /month d. 2012 - $167 /month e. 2013 - $208 /month 27. Beginning sometime on or around January 1, 2013, a significant portion of the membership of the Executive Board and Board of Directors turned over. 28. On information and belief, in the spring of 2013 the Board of Directors planned to reduce employees' salaries. 29. On July 11, 2013, the Board of Directors called Plaintiff into a meeting. 4 30. During the meeting, the Board of Directors informed Plaintiff that the terms of her employment had changed. 31. During the meeting, the Board of Directors gave Plaintiff a document entitled "Job Description" (referred to herein as the "2013 Job Description "). A true and correct copy of the 2013 Job Description is attached hereto as Exhibit "C." 32. The 2013 Job Description contains substantially the same responsibilities and duties as those set forth in the 2009 Employment Agreement, if not more. 33. The 2013 Job Description purports to reduce the Plaintiff's salary from $1,100 per week, plus benefits, and vacation and sick days, to $625 per week, with no other benefits. 34. The Board of Directors demanded Plaintiff's immediate decision as to whether to accept the terms of the 2013 Job Description. 35. Plaintiff advised Defendant that she did not accept the terms of the 2013 Job Description, and specifically, the reduced pay. 36. Defendant thereafter advised Plaintiff that because she didn't accept the 2013 Job Description, her employment was therefore terminated. 37. Plaintiff finished the remainder of the work week, and her last day of work was July 14, 2013. COUNT I — VIOLATION OF WPCL 38. Plaintiff incorporates the above Paragraphs as if set forth fully herein. 39. At all times, Defendant acted through its agents, the Board of Directors and Executive Board. 5 40. The Defendant is an "employer" as defined in the Pennsylvania Wage Payment and Collection Law ( "WPCL "), 43 P.S. § 260.1 et seq. 41. Plaintiff is an "employee" within the meaning of the WPCL. See 43 P.S. § 260.2a. 42. Health insurance benefits constitute "wages" and "fringe benefits" as defined in the WPCL. Id. 43. Plaintiff was contractually entitled to and had earned payment for her health insurance benefits beginning on November 26, 2009, until the date of termination of her employment on July 14, 2013. 44. At no point after November 26, 2009 did Defendant provide health insurance benefits to Plaintiff. 45. Defendant did not reimburse Plaintiff for health insurance she had to procure on her own or provide cash in lieu of providing health insurance benefits, as required by the WPCL and /or applicable law. 46. Plaintiff has a claim against Defendant under the WPCL for the value of her earned but unpaid health insurance benefits. 47. Plaintiff has been damaged by Defendant's actions in the amount of $6,932.00 (representing the fair market value of the health insurance benefits, based on the amount actually paid by Plaintiff from December 2009 through July 2013). 48. The WPCL provides for payment of reasonable attorneys' fees for plaintiffs who establish a claim under the WPCL as well as liquidated damages in additional amount of 25% of the unpaid wages. See 43 P.S. §§ 260.9a, 260.10. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in Janice Aldinger Woods' favor and against The Enola Sportsmen's Club, in the amount of 6 Plaintiff's unpaid wages and fringe benefits, $6,932.00, together with liquidated damages, interest, attorneys fees, costs, and all other damages allowable by law. COUNT II — BREACH OF CONTRACT 49. Plaintiff incorporates the above Paragraphs as if set forth fully herein. 50. The 2009 Employment Agreement is an enforceable contract supported by consideration. 51. Pursuant to the terms of the 2009 Employment Agreement, Defendant was required to pay for Plaintiff's health insurance benefits during her employment. 52. Defendant failed to provide Plaintiff with health insurance benefits or reimburse her for health insurance benefits. 53. Plaintiff has satisfied all conditions precedent to enforcing the 2009 Employment Agreement. 54. Plaintiff has been damaged by Defendant's breach of the 2009 Employment Agreement in the amount of $6,932.00. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in Janice Aldinger Woods' favor and against The Enola Sportsmen's Club in the amount of $6,932.00, together with interest, fees, costs, and all other damages allowable by law. COUNT III — UJUST ENRICHMENT (in the alternative) 55. Plaintiff incorporates the above Paragraphs as if set forth fully herein. 56. Defendant has been enriched by receiving the benefit of Plaintiff's services without paying Plaintiff the full compensation that was reasonably expected by the Plaintiff. 7 57. At all relevant times, Defendant was aware that it was receiving the benefit of Plaintiff s services without providing or paying Plaintiff fair and just consideration, including but not necessarily limited to health insurance benefits. 58. Under the circumstances described above, Defendant's enrichment was unjust. 59. The fair market value of the benefit conferred on Defendant is $6,932.00. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in Janice Aldinger Woods' favor and against The Enola Sportsmen's Club in the amount of $6,932.00, together with interest, fees, costs, and all other damages allowable by law. Respectfully submitted, METTE, EVANS & WOODSIDE By: X � Atr� homas A. Archer , Esquire Sup. Ct. I.D. No. 73293 Kevin J. Hayes, Esquire Sup. Ct. I.D. No. 314338 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 - Phone Attorneys for Plaintiff Date: October Z. , 2013 8 } 1 `, 1 —� '; i � W� �� :-- '', �,� �. � s t e .�C�L2GQ,Lc_P�G� �19t -C�.A Q Owe. - C,���� • �.ttri� Q_� .3.�•.�•1 • n -+. - l • �a /sec -�' , m / l r� d t� I �.. 5 a vti h �l - i., r>^•t o v e. �•., `�'.'�C:c° S5 `7 / /'�aSvPr.°r �Or" C�e 1�!��lT • �)crn � °� .)��r � S r�t�+. 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Duties include but are not limited to: inventory management to include loss prevention, ensures employees have necessary materials to provide service, maintains point of sales use, time and attendance, staffing assignments, event schedules, seeks ways to increase club membership usage; menus and events advertised per Board guidance, enforces club, local and state rules pertaining to club business. Establishes Standard Operating Procedures (SOP) and ensures employees follow all guidelines. Provides a customer friendly atmosphere and ensures employees are trained in customer care. Takes necessary action to correct employees as needed. Ensures cleanliness meets health requirements. Reports facility deficiencies, and long term building requirements to Club board. Zero (0) Instances of substantiated personal conflicts or other mistreatment of customers. This includes but not-limited to; inappropriate and degrading language, argumentative behavior and failure to follow up on customer complaints. Maintains ticket machines or other gambling devices. KNOWLEDGE Should have extensive knowledge of drink making, computer skills to include word and excel, be familiar with POS type cash registers, Must be able to balance cash receipts, ability to work with others, ability make decisions regarding bar operations and familiarity with Liquor laws and enforcement. Hours must be flexible to accommodate all hours of club operations. Works with club Treasure on financial Issues. SALARY: / / G 0. 0 ° , Tips are extra. Includes health care benefits plan established by board. Frost year week paid vacation increased to -Ai l A weeks after the first year. Included days sick leave paid. Work week is 40 hour minimum. Hours and shift are flexible. I EMPLOYEE SIGNATURE: -} l�� �-� /��� ACCEPT /DECLINE DATE C i BOARD REPRESENTATIVE: Z 0- DATE I �X JOB DESCRIPTION POSITION: Steward (Manager) PURPOSE OF POSITION: Under direction of the Enola Sportsmen's Board of Directors (Executive Board of the Association), the Steward works to accomplish the day -to -day operations of the Enola Sportsmen's Association (henceforth referred to as the ESA). This job is a working position; the steward must be able to tend bar, restock supplies, and waitress as needed. DUTIES /RESPONSIBILITIES: 1. Responsible for regularly checking a -mails and responding accordingly to insure good communication among vendors, employees, and BOD (executive board of the Association). 2. Responsible for attending the owner /manager RAMP certification training provided by the Liquor Control Board. 3. Responsible for the inventory management of bar supplies /materials to prevent losses. 4. Responsible for ensuring that employees have the necessary bar supplies, including beer and liquor, to provide good service to the members /guests. 5. Responsible for implementing and maintaining the 'point of sales' operating system on all transactions. 6. Responsible for implementing and maintaining the 'credit card' payment system. 7. Responsible for making bar and wait staff assignments; validating and giving their time cards to the Treasurer for timely payment of wages. 8. Responsible for scheduling and assisting at ESA events; maintaining and posting (for all members to see) a master calendar of ESA events. 9. Responsible for ESA's compliance with local, state and federal laws that pertain to ESA business. 10. Responsible for ensuring the ESA's facility and its employees meet local and state health requirements. ---- - - - - -- age o - - - - - - -- -- 11. Responsible for managing the Small Games of Chance (SGOC) operation, including the maintenance of the ticket machines and other gambling devices. 12. Responsible for overseeing ESA functions including, but not limited to, Bingo, 300 Club. 13. Responsible for a. establishing, along with the BOD, Standard Operating Procedures (SOP) for the ESA's operation and b. ensuring that all employees follow the stated guidelines. 14. Responsible for providing a customer - friendly atmosphere in the ESA. 15. Responsible for ensuring that employees are trained to provide efficient and friendly service to its members and guests. 16. Responsible for taking appropriate action to correct employee misbehavior, AND immediately report the action to the BOD by e -mail & voice mail. 17. Responsible for reporting to the BOD a. needed repairs to the ESA's facility, b. upgrades to the correct facility's deficiencies and c, long -term building improvements. 18. Responsible for following -up on employee and member complaints. (The BOD will have no tolerance for a. substantiated conflicts among employees, b. inappropriate treatment of members and guests that includes, but is not limited to, inappropriate and degrading language, argumentative behavior.) After investigating the complaint, immediately report the findings to the BOD by e-mail & voice mail 19. Responsible for getting BOD approval for all employee dismissals; AND representing the ESA at all unemployment compensation hearings to present accurate documentation of the reason(s) for the employee's dismissal. 20. Responsible for filling all wait staff and bar staff vacancies by a. advertizing the position, b. contacting the applicants, c. scheduling interviews, d. helping the personnel committee interview the applicants, and e. recommending the selected candidate to the BOD (for final hiring approval). 21. The Steward may be required to complete other duties /responsibilities as assigned by the BOD. I - - - - -- - - - -- — -- - Page 2 3 -- i KNOWLEDGE & SKILLSET REQUIREMENTS 1. Must have flexible work hours to accommodate the hours of the ESA's operation. 2. Must be RAMP (responsible alcohol management program) certified. 3. Must have computer skills that include Word and Excel 4. Must be familiar with the POS (point of sales) type cash registers, becoming an expert on tailoring the POS system to the ESA operation. 5. Must be able to (a) balance cash receipts and (b) work with the ESA treasurer on financial matters. 6. Must have organizational skills that provide for scheduling... staffing... planning... deadlines.. time management... coordinating resources.... 7. Must have administrative skills that allow for (a) making decisions regarding bar operations and (b) interpreting the current PA Liquor Laws in order that the ESA is in total compliance 8. Must have extensive knowledge of mixology. 9. Must have the ability to work with others as a team player._ _ SALARY EMPLOYEE Date UAAP#REPRESENTATIVE Date i JUNE 2013 --------- - - - - -- ---------- - --- aged- o #- 3-------------- ..— _-- - - - - -- -- i i VERIFICATION I, Janice Aldinger Woods, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. To the extent the language of the forgoing document is that of counsel, I have relied upon counsel in making this Verification. DATE: Janice Aldinger Woods SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r0t uariGrr � ( t ,, Jody S Smith is w Chief Deputy >Y [� Syr �D { E, Richard W Stewart �af lL'tlrrif`Id �i�1,?i Solicitor oPFtcE r - PENNS YLVA 111A Janice Aldinger Woods Case Number vs. The Enola Sportsmen's Association 2013-5754 SHERIFF'S RETURN OF SERVICE 10/08/2013 02:05 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Mike Eyer, Club Steward, who accepted as"Adult Person in Charge"for The Enola Sportsmen's Association at 290 Pine Hill Road, East Pennsboro, Enola, PA 17025. J4IE DIMAR ran EPUTY SHERIFF COST: $45.41 SO ANSWERS, October 09, 2013 RONNY ANDERSON, SHERIFF k:i i;ou^iv u!.0 Shcof* i e eosc?t.:nc. 4 OCT 28 , t ! : rJ Steven J. Schiffman, Esquire '1,EN NSYLV/ NIP Attorney ID #25488 Jeni S. Madden, Esquire Attorney ID #209536 Carol L. Verish Attorney ID #91284 SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendants JANICE ALDINGER WOODS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW THE ENOLA SPORTSMEN'S : JURY TRIAL DEMANDED ASSOCIATION, : No. 13-5754 Civil Defendant : PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Steven J. Schiffman, Esquire, Jeni S. Madden, Esquire and Carol L. Verish, Esquire, as counsel for the Defendants in the above-captioned matter. Respectfully submitted, Date: October 24, 2013 /�Zl li Stev J. Schiffman, Esquire Att" ey#25488 Jeni S. Madden, Esquire Attorney#209536 Carol L. Verish Attorney ID #91284 SERRATELLI, SCHIFFMAN & BROWN, P.C. 4 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendants CERTIFICATE OF SERVICE I, Jeni S. Madden, Esquire, do hereby certify that on this 24nd day of October, 2013, I served a copy of the foregoing document by United States Mail, First Class, postage pre-paid, to the following person(s): Thomas A. Archer, Esquire& Kevin J. Hayes, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 Counsel for Plaintiff Jen' . Madden i2 3 NOV — 1 1, 11: 2 I CUMBERLAND COUNTY PENNSYLVANIA stevon I fichiffman. Fsnuire Attorney ID #25488 Jeni S. Madden, Esquire Attorney ID #209536 Carol L. Verish Attorney ID#91284 SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Lingiestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys,for Defendants .1ANICE Al DINGER WOODS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW THE ENOLA SPORTSMEN'S : JURY TRIAL DEMANDED ASSOCIATION, No. 13-5754 Civil Defendant AGREEMENT FOR EXTENSION OF TIME WITHIN WHICH TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT KEVIN J. HAYES, ESQUIRE, counsel for Plaintiff, Janice Aldinger Woods, in the above-captioned matter, hereby agree to grant Defendants, The Enola Sportsmen's Association, a twenty (20) day extension of time within which to file a response to Plaintiffs Complaint pursuant to the Pennsylvania Rules of Civil Procedure. A response to Plaintiffs Complaint shall be due on or before November 18, 2013. V Date: I /2-q43 evin J. Hayes, Esquire 3401 North Front Street RE), Box 5950 Harrisburg, PA 17110 Counsel for Plaintiff 101 Z61(3 Date: Steve . Sc t 141 a Schiffman, Esquire Atto ey ID#25488 Jeni S. Madden, Esquire Attorney ID#209536 Carol L. Verish Attorney ID #91284 SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendants J: Steven J. Schiffman, Esquire '■!.. ' 'r Attorney ID #25488 ,Ef , , Jeni S. Madden, Esquire W �,, '�, 8 j' �x z_� Attorney ID #209536 CUMBERLAND COUNTY Carol L. Verish PENNSYLVANIA Attorney ID #91284 SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendant JANICE ALDINGER WOODS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW THE ENOLA SPORTSMEN'S : JURY TRIAL DEMANDED ASSOCIATION, : No. 13-5754 Civil Defendant NOTICE TO PLEAD To: Thomas A. Archer, Esquire Kevin J. Hayes, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty(20) days form service hereof or a judgment may be entered against you. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN, P.C. Date: November 18, 2013 Stev J. Schiffman, Esquire Att ey ID #25488 Jeni S. Madden, Esquire Attorney ID #209536 Carol L. Verish Attorney ID #91284 SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 fasimile Attorneys for Defendant Steven J. Schiffman, Esquire Attorney ID #25488 Jeni S. Madden, Esquire Attorney ID #209536 Carol L. Verish Attorney ID #91284 SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendants JANICE ALDINGER WOODS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW THE ENOLA SPORTSMEN'S : JURY TRIAL DEMANDED ASSOCIATION, : No. 13-5754 Civil Defendant DEFENDANT THE ENOLA SPORTSMEN'S ASSOCIATION'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Enola Sportsmen's Association(hereinafter"Defendant"), by and through its counsel Serratelli, Schiffman & Brown P.C., files its Answer and New Matter to Plaintiff Janice Aldinger Woods' Complaint, and in support therefore avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted 6. Admitted 7. Admitted in part, denied in part. It is admitted that Paul Schloder, Jeffrey Clouser, Brooks Kennedy and Dennis Small are members of the Board of Directors. It is denied that "Miles Makowski" is a member of the Board of Directors. To the contrary, Michael Markowski and Richard Zerbe are the remaining members of the Board of Directors. 8. Denied. It is denied that at all relevant times the Defendant acted through its Board of Directors and its Executive Board. To the contrary, the Board of the Directors never approved or authorized the document identified as the "2009 Employment Agreement" and attached to Plaintiffs Complaint as Exhibit `B." 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 13 of Plaintiffs Complaint and thus said averments are deemed denied and strict proof of the same is demanded. 14. Admitted in part and denied in part. It is admitted that Plaintiffs responsibilities as club manager included the duties listed in Paragraph 14. It is denied that the duties identified in Paragraph 14 were the only responsibilities held by Plaintiff during her employment with Defendant. To the contrary, Plaintiff', in her position as club manager, also acted as kitchen manager and was responsible for all duties associated with that position in addition to the duties set forth in Paragraph 14. • 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 15 of Plaintiffs Complaint and thus said averments are deemed denied and strict proof of the same is demanded. 16. Denied. It is specifically denied that Defendant drafted the document referred to as the 2009 Employment Agreement and attached as Exhibit "B" to Plaintiffs Complaint (hereinafter referred to herein as the "2009 Employment Agreement"). To the contrary, it is believed and therefore averred that the 2009 Employment Agreement was drafted and executed by Plaintiff in 2013. The document identified as the 2009 Employment Agreement is almost identical to a document that was first drafted by Board of Directors member Dennis Small in 2012 (hereinafter the "Small Draft"). A true and correct copy of the Small Draft is attached hereto as Exhibit "A." The Small Draft was given to Plaintiff in the spring of 2013 to review. It is believed and therefore averred that Plaintiff made modifications to the Small Draft after she left her employment with Defendant and is now asserting that the modified version was drafted and executed in 2009. 17. Admitted in part and denied in part. It is admitted that the 2009 Employment Agreement attached as Exhibit`B" contains the language listed in Paragraph 17 of Plaintiff s Complaint. It is denied that the 2009 Employment Agreement is a valid document that memorialized Plaintiffs responsibilities and compensation. To the contrary, as previously discussed at length in Paragraph 16 herein, it is believed and therefore averred that the 2009 Employment Agreement was actually drafted and executed by Plaintiff in 2013 after she left her employment with Defendant. 18. Denied. It is specifically denied that Defendant drafted the 2009 Employment Agreement. To the contrary, as previously discussed at length in Paragraph 16 herein, it is believed and therefore averred that Plaintiff made modifications to the Small Draft after she left her employment with Defendant and is now asserting that the modified version was drafted and executed in 2009. 19. Admitted in part and denied in part. It is admitted that the document identified as the 2009 Employment Agreement and attached to the Complaint as Exhibit `B"refers to a weekly salary. It is denied that the 2009 Employment Agreement is a valid document that controlled Plaintiffs compensation by Defendant. To the contrary, as previously discussed at length in Paragraph 16 herein, it is believed and therefore averred that the 2009 Employment Agreement was actually drafted and executed by Plaintiff in 2013 after she left her employment with Defendant. 20. Admitted in part and denied in part. It is admitted that the document identified as the 2009 Employment Agreement and attached to the Complaint as Exhibit"B"refers to a health care benefits plan. It is denied that the 2009 Employment Agreement is a valid document that controlled Plaintiffs compensation by Defendant. To the contrary, as previously discussed at length in Paragraph 16 herein, it is believed and therefore averred that the 2009 Employment Agreement was actually drafted and executed by Plaintiff in 2013 after she left her employment with Defendant. 21. Admitted. By way of further reply, Defendant never provided Plaintiff with health care benefits because it was not required to and because Plaintiff never requested said benefits. Plaintiff, as the club manager, Plaintiff was in charge of administering Defendant's health care benefits. Plaintiff therefore had the authority to enroll herself in a health care benefit plan but she chose not to. 22. Denied. It is specifically denied that the Board of Directors ever told Plaintiff that she could not go on the Defendant's health care plan because of her age. 23. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 23 of Plaintiff s Complaint and thus said averments are deemed denied and strict proof of the same is demanded. 24. Admitted. By way of further reply, Defendant was under no obligation to provide monetary compensation to Plaintiff for health care. 25. Admitted in part and denied in part. It is admitted that Plaintiff worked as manager of the club until July, 2013. It is denied that Plaintiff was working under the terms of the 2009 Employment Agreement. To the contrary, it is denied that the 2009 Employment Agreement is a valid document that controlled Plaintiffs employment by Defendant. As previously discussed at length in Paragraph 16 herein, it is believed and therefore averred that the 2009 Employment Agreement was actually drafted and executed by Plaintiff in 2013 after she left her employment with Defendant. 26. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 26 of Plaintiff s Complaint and thus said averments are deemed denied and strict proof of the same is demanded. a. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 26(a) of Plaintiffs Complaint and thus said averments are deemed denied and strict proof of the same is demanded. b. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 26(b) of Plaintiffs Complaint and thus said averments are deemed denied and strict proof of the same is demanded. c. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 26(c) of Plaintiffs Complaint and thus said averments are deemed denied and strict proof of the same is demanded. d. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 26(d) of Plaintiffs Complaint and thus said averments are deemed denied and strict proof of the same is demanded. e. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 26(e) of Plaintiffs Complaint and thus said averments are deemed denied and strict proof of the same is demanded. 27. Admitted. By way of further reply, sixty percent (60%) of the Board of Directors turned over in January 2013. 28. Denied. It is specifically denied that the Board of Directors planned to reduce employees' salaries in 2013. To the contrary, the Board of Directors redefined guidelines for new employees but did not plan to reduce current employees' salaries. 29. Denied. It is denied that the Board of Directors "called Plaintiff into a meeting" on July 11, 2013. To the contrary, Plaintiff attended the July 11, 2013 meeting because it was a regularly scheduled board meeting and it was customary for Plaintiff to attend. 30. Admitted. By way of further reply, Plaintiff was informed during the July 11, 2013 meeting that her hours were being reduced and her responsibilities were being modified. The reduction in hours was made at the request of Plaintiff. Plaintiffs responsibilities were being altered because she was not adequately performing her duties as kitchen manager. Therefore, Defendant proposed removing Plaintiffs kitchen manager responsibilities. 31. Admitted. 32. Admitted in part and denied in part. It is admitted that the 2013 Job Description contains similar responsibilities to those in the document identified as the 2009 Employment Agreement. It is denied, however, that the 2009 Employment Agreement is a valid document that memorialized Plaintiffs employment responsibilities with Defendant. As previously discussed at length in Paragraph 16 herein, it is believed and therefore averred that the 2009 Employment Agreement was actually drafted and executed by Plaintiff in 2013 after she left her employment with Defendant. Moreover, it is specifically denied that the 2013 Job Description required the same or more responsibilities or duties from Plaintiff. To the contrary, as previously discussed herein, prior to the July 11, 2013 meeting, Plaintiffs duties as club manager included kitchen manager duties. The 2013 Job Description proposed to eliminate Plaintiffs duties as kitchen manager because she was not adequately performing said duties. 33. Admitted. By way of further reply, the reduction in Plaintiffs salary was due to her own request that her hours be reduced and because Defendant was relieving Plaintiff of her responsibilities as kitchen manager because she had not been performing said duties satisfactorily. 34. Admitted. 35. Admitted. 36. Denied. It is denied that Defendant terminated Plaintiff. To the contrary, Plaintiff was advised that the new terms of employment would be effective Monday, July 15, 2013. Plaintiff then informed the board that she was quitting and that Sunday, July 14, 2013 would be her last day. In fact, Plaintiff only worked Friday, July 12, 2013 and did not return to work after that date. 37. Denied. It is denied that Plaintiff finished her work week and that her last day of work was July 14, 2013. To the contrary, while Plaintiff informed the board that her last day of work would be Sunday, July 14, 2013, Plaintiff left work on Friday, July 12, 2013, and did not return. COUNT I—VIOLATION OF WPCL 38. Incorporation paragraph. No response required. 39. Denied. It is denied that at all relevant times the Defendant, acted through its Board of Directors and its Executive Board. To the contrary, the Board of the Directors never approved or authorized the 2009 Employment Contract attached to Plaintiffs Complaint as Exhibit`B." 40. Paragraph 40 of Plaintiffs Complaint is a legal conclusion to which no response is required. 41. Paragraph 41 of Plaintiffs Complaint is a legal conclusion to which no response is required. 42. Paragraph 42 of Plaintiffs Complaint is a legal conclusion to which no response is required. 43. Paragraph 43 of Plaintiffs Complaint is a legal conclusion to which no response is required. 44. Admitted. By way of further reply, Defendant did not provide Plaintiff with health care benefits because it was not required to and because Plaintiff never requested said benefits. 45. Admitted in part. It is admitted that Defendant did not reimburse Plaintiff for health insurance. By way of further reply, Defendant did not provide Plaintiff with health care benefits because it was not required to and because Plaintiff never requested said benefits. The remaining averments contained in Paragraph 45 of Plaintiffs Complaint are legal conclusions to which no response is required. 46. Paragraph 46 of Plaintiffs Complaint is a legal conclusion to which no response is required. 47. Paragraph 47 of Plaintiffs Complaint is a legal conclusion to which no response is required. 48. Paragraph 48 of Plaintiffs Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant, The Enola Sportsmen's Association, requests that this Honorable Court enter judgment in its favor and against Plaintiff, dismiss Plaintiffs Complaint with prejudice and further award Defendant all such other relief as is proper and just. COUNT II—BREACH OF CONTRACT 49. Incorporation paragraph. No response required. 50. Paragraph 50 of Plaintiff's Complaint is a legal conclusion to which no response is required. 51. Admitted in part and denied in part. It is admitted that the terms of the document identified by Plaintiff as the 2009 Employment Agreement provide for health insurance benefits. It is denied that the 2009 Employment Agreement is a valid document that dictated the terms of Plaintiffs employment with Defendant. To the contrary, as previously discussed at length in Paragraph 16 herein, it is believed and therefore averred that the 2009 Employment Agreement was actually drafted and executed by Plaintiff in 2013 after she left her employment with Defendant. 52. Admitted. By way of further reply, Defendant did not provide Plaintiff with health care benefits because it was not required to and because Plaintiff never requested said benefits 53. Paragraph 53 of Plaintiffs Complaint is a legal conclusion to which no response is required. 54. Paragraph 54 of Plaintiffs Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant, The Enola Sportsmen's Association, requests that this Honorable Court enter judgment in its favor and against Plaintiff, dismiss Plaintiffs Complaint with prejudice and further award Defendant all such other relief as is proper and just. COUNT III—UNJUST ENRICHMENT 55. Incorporation paragraph. No response required. 56. Paragraph 56 of Plaintiff's Complaint is a legal conclusion to which no response is required. 57. Paragraph 57 of Plaintiff's Complaint is a legal conclusion to which no response is required. 58. Paragraph 58 of Plaintiff's Complaint is a legal conclusion to which no response is required. 59. Paragraph 59 of Plaintiffs Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant, The Enola Sportsmen's Association, requests that this Honorable Court enter judgment in its favor and against Plaintiff, dismiss Plaintiffs Complaint with prejudice and further award Defendant all such other relief as is proper and just. NEW MATTER 60. The answers and averments set forth in Paragraph 1 through 59 are incorporated by reference as if more fully set forth at length herein. 61. Plaintiffs claims are barred by the statute of limitations. 62. Plaintiffs claims are barred because of lack of adequate consideration. 63. Plaintiffs claims are barred because of fraud. 64. The damages claimed by Plaintiff bear no cause or relationship to any act or alleged failure to act on the part of Defendant. 65. Plaintiffs alleged injuries and/or losses, if any, were caused by actions or events outside of the Defendant's control. 66. Plaintiff has failed to state a cause of action against Defendant for which relief maybe granted. 67. The damages claimed by Plaintiff bear no cause or relationship to any act or alleged failure to act on the part of Defendant. 68. To the extent that the 2009 Employment Agreement is found to be a valid agreement, it was an at-will employment contract that could be terminated at any time by Defendant. WHEREFORE, Defendant, The Enola Sportsmen's Association, requests that this Honorable Court enter judgment in its favor and against Plaintiffs, dismiss Plaintiff's Complaint with prejudice and further award Defendant all such other relief as is proper and just. Respectfully submitted, SERRATELLI, SCHIFFMAN, & BROWN, P.C. Date: November 18, 2013 641 U cif 66--/N Steve . Schiffinan, Esquire Atto ey ID #25488 Jeni S. Madden, Esquire Attorney ID #209536 Carol L. Verish Attorney ID #91284 SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 facsimile Attorneys for Defendant CERTIFICATE OF SERVICE I, Jeni S. Madden, Esquire, do hereby certify that on this 18th day of November, 2013, I served a copy of the foregoing document by United States Mail, First Class, postage pre-paid, to the following person(s): Thomas A. Archer, Esquire & Kevin J. Hayes, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 Counsel for Plaintiff Je S. Madden VERIFICATION I, Timothy Dundorf, state that I am President of The Enola Sportsmen's Association, and verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. The Enola Sportsmen's Association Date ( i l 3 1 1:S By --J Timothy II undorf - , 3• - . - MANAGER ENOLA SPORTSMANS CLUB LEAD PERSON Works under the direction of the Enola Sportsmen's board and is expected to accomplish day to day operations. This job is a working position and must be able to tend bar, restock and waitress as needed. Duties include but are not limited to: inventory management to include loss prevention, ensures employees have necessary materials to provide service, maintains point of sales use, time and attendance, staffing assignments, event schedules, seeks ways to increase club membership usage, menus and events advertised per Board guidance, enforces club, local and state rules pertaining to club business. Establishes with BOD Standard Operating Procedures(SOP)and ensures employees follow all guidelines. Provides a customer friendly atmosphere and ensures employees are trained in customer care. Takes necessary action to correct employees as needed. Ensures cleanliness meets health requirements. Reports facility deficiencies, and long term building requirements to Club board. Zero (0) Instances of substantiated personal conflicts or other mistreatment of customers.This includes but not limited to; inappropriate and degrading language, argumentative behavior and failure to follow up on customer complaints. Manages small games of chance, bingo and maintains ticket machines or other gambling devices. Assists with club events. KNOWLEDGE Should have extensive knowledge of drink making, computer skills to include word and excel, be familiar with POS type cash registers and become an expert on ESA system, Must be able to balance cash receipts,ability to work with others, ability make decisions regarding bar operations and familiarity with Liquor laws and enforcement. Hours must be flexible to accommodate all hours of club operations. Works with club Treasure on financial issues. Must have Organizational skills dealing with scheduling, staffing, planning, coordinating resources, meeting deadlines, and time management. Must be (RAMP) responsible alcohol management program certified. SALARY: ,Tips are extra. Includes health care benefits plan established by board. First year week paid vacation increased to weeks after the first year. Included days sick leave paid. Work week is 40 hour minimum. Hours and shift are flexible. EMPLOYEE SIGNATURE: ACCEPT/DECLINE DATE BOARD REPRESENTATIVE: DATE FH IN 0 TA 2x13 NOV 26 PN I: SS iUF"i8ERL' AND C 0 U N T Y PENNSYLVANIA Thomas A. Archer, Esquire Sup. Ct. ID No. 73293 Kevin J. Hayes, Esquire Sup. Ct. ID No. 314338 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000—Phone (717) 236-1816—Fax kjhayesgmette.com Attorneys for Plaintiff JANICE ALDINGER WOODS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-5754 THE ENOLA SPORTSMEN'S ASSOCIATION CIVIL ACTION LAW/EQUITY Defendants REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Janice Aldinger Woods ("Plaintiff'), by and through its undersigned counsel, files the within Reply to the Answer/New Matter of Defendant, the Enola Sportsmen's Association ("Defendant"), in support whereof Plaintiff avers as follows: 60. Incorporation paragraph. No response is required. 61. Denied. The averments of this paragraph are legal conclusions to which no response is necessary. 683982v1 l 62. Denied. The averments of this paragraph are legal conclusions to which no response is necessary. By way of further answer, it is clear that Plaintiff's work and services provided to Defendant constitute consideration for the 2009 Employment Agreement. 63. Denied. The averments of this paragraph are legal conclusions to which no response is necessary. To the extent this allegation alleges that Plaintiff engaged in fraud, the same is denied and strict proof thereof is demanded at trial. 64. Denied. The averments of this paragraph are,legal conclusions to which no response is necessary. 65. Denied. The averments of this paragraph are legal conclusions to which no response is necessary. By way of further answer, Defendant's failure to pay Plaintiff the compensation agreed to in the 2009 Employment Agreement is not outside of the Defendant's control. 66. Denied. The averments of this paragraph are legal conclusions to which no response is necessary. 67. Denied. The averments of this paragraph are legal conclusions to which no response is necessary. 68. Admitted in part; Denied in part. It is admitted that the Defendant's employment status under the 2009 Employment Agreement was at-will. It is specifically denied that this has any bearing on Plaintiff s claims herein or that an employer does not have to pay agreed upon compensation to employees simply because the employment is at will. All other remaining averments and inferences of this paragraph are specifically denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in Janice Aldinger Woods' favor and against The Enola Sportsmen's Club, in the amount of 2 Plaintiff s unpaid wages and fringe benefits, $6,932.00, together with liquidated damages, interest, attorneys' fees, costs, and all other damages allowable by law. Respectfully submitted, METTE, EVAN OODSID By: � Thomas A. Archer, Esquir Sup. Ct. I.D. No. 73293 Kevin J. Hayes, Esqu' Sup. Ct. I.D. No. 314338 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff Date: November 22, 2013 3 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Steven J. Schiffman, Esquire Jeni S. Madden, Esquire Carol L. Verish, Esquire Serratelli, Schiffman & Brown 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Attorneys for Defendants Respectfully submitted, E & DSIDE By: -Thomas A. Archer s 1 ire Sup. Ct. I.D. No.a 93 Kevin J. Hayes, Esquire Sup. Ct. I.D. No. 314338 3401 North Front Street Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff Date: November 22, 2013 r r It 21�,FE 10F 2' SI Kevin J. Hayes, Esquire PENNSYLVANIA Sup. Ct. ID No. 314338 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000-Phone (717) 236-1816-Fax kjhayes @mette.com Attorneys for Plaintiff JANICE ALDINGER WOODS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, . PENNSYLVANIA v. : NO. 13-5754 THE ENOLA SPORTSMEN'S ASSOCIATION : CIVIL ACTION LAW/EQUITY Defendants • PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued, and ended with prejudice. Respectfully submitted, METTE, EVAN r _ DE By: �/, //�� - evin J. Hayes, Esquire Sup. Ct. I.D. No. 314338 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 1 (717) 232-5000 - Phone Attorneys for Plaintiff Date: February 6, 2014 2 t. • CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Carol L. Verish, Esquire Serratelli, Schiffman& Brown 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Attorneys for Defendants Respectfully submitted, T NS :j /OODSIDE By: ' Thomas A. Arch quire Sup. Ct. I.D. No. 73293 Kevin J. Hayes, Esquire Sup. Ct. I.D. No. 314338 3401 North Front Street Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff Date: February 6, 2014 696868v1