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HomeMy WebLinkAbout02-2442Attorneys for Plaintiff: CHARLES W. ,JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C, Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 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 re- quested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TH/S PAPER TO YOUR LAWYER AT ONCE. I~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 Attorneys for P/aintiff: CHARLES W. JOHNSTON, ESQUIRE Pa, I,D, No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: {717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT Plaintiff, Joseph C. Storm, through his attorneys, Charles W. Johnston, Esquire and the law firm of Johnston & Diamond, P.C., files this Complaint against D&S Contractors, Inc., Norman Dudanowicz and Christine L. Dudanowicz, Defendants, and in support thereof alleges as follows: 1. Plaintiff Joseph C. Storm is an adult individual and citizen of the Commonwealth of Pennsylvania with an address at R.R.1, Box 385, Beaver Springs, Snyder County, Pennsyl- vania 17812. 2. Defendant D&S Contractors, Inc. ("D&S"), is a corporation organized and exist- ing under the laws of the Commonwealth of Pennsylvania, which has at all relevant times had a registered address and place of business at 5700 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania 17025-1177. 3. Defendant Norman Dudanowicz is and at all relevant times was President and Chief Executive Officer, and is and was actively involved in the operations of D&S as a corpo- rate officer. 4. Defendant Christine L. Dudanowicz is and at ail relevant times was Vice Presi- dent and Secretary/Treasurer, and is and was actively involved in the operations of D&S as a corporate officer. 5. At all times relevant from April 19, 1999 until December 14, 2001, when he ter- minated his employment with D&S, Plaintiff was employed by D&S as an Electrician. 6. During the work week of December 10, 2001 through December 14, 2001 (the "Relevant Work Week"), Plaintiff's hourly rate of pay was $30.23. 7. During the Relevant Work Week, Plaintiff worked forty (40) hours. 8. During the Relevant Work Week, based on Plaintiff's hour rate of pay of $30.23, and the aforementioned 40 hours of work, Plaintiff's gross pay was $1,209.20. 9. The regular pay day for the Relevant Work Week was December 20, 2001. 10. Plaintiff was not paid the wages due for the Relevant Work Week on December 20, 2001. Rather, by letter dated December 26, 2001 from Defendant Christine L. Dudanowicz (a copy of which is attached hereto as "Exhibit A"), Plaintiff received from D&S a check in the amount of $214.56 (a copy of which is attached hereto as "Exhibit B"), instead of the total net pay due him of $757.70. 11. By letter dated January 14, 2002 from Charles W. Johnston, Esquire, attorney for Plaintiff herein, to Defendant Christine L. Dudanowicz (a copy of which is attached hereto as 2 "Exhibit C"), Plaintiff demanded payment in full of the balance of the wages due him for the Relevant Work Week. 12. By letter dated February 25, 2002 (a copy of which is attached hereto as "Exhibit D"), Plaintiff, through his attorney, made another demand for the balance of wages due him for the Relevant Work Week. 13. Despite Plaintiff's demands, Defendants have failed to pay to Plaintiff the net wages due of $757.70 for the Relevant Work Week. COUNT I JOSEPH C. STORM V. D&S CONTRACTORS, INC. 14. The allegations set forth in Paragraphs 1 through 13 above are hereby incorpo- rated by reference. 15. Defendant D&S was at all times relevant hereto an "Employer" vis a vis Plaintiff within the meaning of the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. Ann. §260.2(a). 16. The said wages due to Plaintiff for the Relevant Work Week constitute wages due under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. Ann. §260.2(a), and the actions of D&S in falling to pay all wages due Plaintiff constitute a violation of the Penn- sylvania Wage Payment and Collection Law. 17. Pursuant to 43 Pa. Cons. Stat. Ann. §260.10, in addition to being entitled to the principal amount of said underpaid wages for the Relevant Work Week, and interest, Plaintiff is entitled to liquidated damages in an mount equal to twenty-five (25%) percent of the wage un- derpayment or $500.00, whichever is greater. 18. In accordance with 43 Pa. Cons. Stat. Ann. §260.9a(f), owing to D&S's actions, Plaintiff is entitled to statutory attorneys' fees and costs associated with this action. WHEREFORE, Plaintiff respectfully requests that this Court: a. Enter judgment in his favor and against D&S Contractors, Inc., in the amount of $543.14, the net wages due, plus interest and statutory liquidated damages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attorneys' fees and costs; and b. Order such other and further relief to Plaintiff as this Court deems equita- ble. COUNT II JOSEPH C. STORM V. NORMAN DUDANOWICZ 19. The allegations set forth in Paragraphs 1 through 18 above are hereby incorpo- rated by reference. 20. Defendant Norman Dudanowicz, at relevant times was a corporate officer directly and actively involved in the operation of D&S Contractors, Inc., including the events leading up to the above-captioned lawsuit. 21. Defendant Norman Dudanowicz, as an active corporate officer of D&S, is indi- vidually, for the purposes of the Pennsylvania Wage Payment and Collection Law, an "Em- 4 ployer" as defined in 43 Pa. Cons. Stat. Ann. §260.2a, and is personally liable for the unpaid wages due to an employee. WHEREFORE, Plaintiff respectfully requests that this Court: a. Enter judgment in his favor and against Defendant Norman Dudanowicz, in the amount of $543.14, the net wages due, plus interest and statutory liquidated dam- ages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attorneys' fees and costs; and b. Order such other and further relief to Plaintiff as this Court deems equita- ble. COUNT III JOSEPH C. STORM V. CHRISTINE L. DUDANOWICZ 22. The allegations set forth in Paragraphs 1 through 21 above are hereby incorpo- rated by reference. 23. Defendant Christine L. Dudanowicz, at relevant times was a corporate officer di- rectly and actively involved in the operation of D&S Contractors, Inc., including the events lead- ing up to the above-captioned lawsuit. 24. Defendant Christine L. Dudanowicz, as an active corporate officer of D&S, is in- dividually, for the purposes of the Pennsylvania Wage Payment and Collection Law, an "Em- ployer'' as defined in 43 Pa. Cons. Stat. Ann. §260.2a, and is personally liable for the unpaid wages due to an employee. WHEREFORE, Plaintiff respectfully requests that this Court: a. Enter judgment in his favor and against Defendant Christine L. Duda- nowicz, in the amount of $543.14, the net wages due, plus interest and statutory liqui- dated damages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attomeys' fees and costs; and Order such other and further relief to Plaintiff as this Court deems equita- ble. Dated: May 16, 2002 Respectfully submitted, JOHNSTON & D~dVIOND, P.C. Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 BY pCaH.~'l~ i~ON Attorneys for Plaintiff 6 EXHIBIT A 'Jam 02 02 Ol:40p LD & S CONTRACTORS I December 26, 2001 Mr. Joseph Storm RR #i, Box 385 Beaver Spring, PA 17812 RE: FINAL PAYCHECK RECONCILIATION Dear Mr. Storm: Enclosed is your final paycheck (D&S check #13032) for the amount of $214.56. Attached is a copy of the JO~S ACCOUNTING check I originally had cut for your wages. However, D&S CONTRACTORS, INC. adjusted your net earnings to compensate for the following items. 1) YEAR 2 AFPRENTICE BOOKS FOR IEC COURSE Illustrated Dictionary for Electrical Workers Interpreting the NEC StaI!cup's Generators, Transformers, Studen~ Manual $ 25.95 $ 28.24 $ 27.95 $ 36.00 $118.14 ***If any of the aforementioned books are returned to me in good condition, I will gladly refund all or part of the retainage. You must, however, make arrangemen=s to deliver them to me personally (to the 5700 Blue Mountain Trail address) or send =hem certified/registered mail to my personal attention. Delivering them to any other address without my prior consent is UNACCEPTABLE and will not be acknowledged. Delivering them via any other person without my prior consent is UNACCEPTABLE and will not be acknowledged. You may nor deliver them to any D&S project site, as these projects are private properties of the Owners, and they have been made aware that you are no longer a D&S coNTRACTORS employee. Entering any of these project sites or any D&S CONTRACTORS trailer wall be considered trespassing byany Owner and/or by D&S CONTRACTORS, INC. 570~. Blue t~un~ Tra~! · E~ola. PA 17025-1177 · (717) 732-8560 · F~X (717) 7~2,.8561 .~ 02 02 0!:40~ ~.~ 26. 2001 2) EAST PENNSBORO AREA SCHOOL DISTRICT BADGE $ 50. O0 These badges were issued for the security of. the children attending the District's school's. AS~yOu a~e awa,~e, theDis~rict charges $50~.00 for as~e~ed ~dge~otre~rne~J You have not returned the badge assigned To you. ***If the aforementioned badge is returned to me, I will refund the retainage attributed to this item. You must, however, make arrangements to deliver it to me personally (to the 5700 Blue ' Mountain Trail address) or send it certified/registered sail to my personal attention. Dalivering it to any other address without my prior consent is UNACCEPTABLE and will not be acknowledged. Delivering it via any other person without my prior consent is UNACCEPTABLE and will not be acknowledged. You may not deliver it to any D&S project site, as these projects are private properties of the Owners, and they have been made aware that you are no longer a D&S CONTRACTORS employee. Entering any of these project sites or any D&S CONTRACTORS trailer will be considered trespassing by any Owner and/or by D&S CONTRACTORS, INC. D&S CONTRACTORS tools (assigned and received by you): Electric drill (depreciated value) Battery drill (depreciated value) SDS drill (depreciated value) ***If any of the aforementioned tools are returned to me in good condition, I will gladly refund all or part of the retainage. You must, however, make arrangements to deliver them to me personally (to the 5700 Blue Mountain Trail address) or send them certified/registered mail to my personal attention. Delivering them to any other $i00.00 SZO0.O0 $175.00 $375.00 ~'o~ep~ St. ozm 26, 2001 ~ag'e 3 address without my prior consent is UNACCEPTABLE and will not be acknowledged. Delivering ~hem via any other person withouC my prior consent is UNACCEPTABLE and will not be acknowledged. You may not deliver them ~o any D&S project si~e, as these projects are private properties of the Owners, and they have been made aware that you are nb longer a D&S CONTRACTORS employee. Entering any of these project sites or any D&S CONTRACTORS trailer will be considered trespassing byany Owner and/or by D&S CONTRACTORS, INC. Your final paycheck has been issued as follows: $757.70 ~$43.14 (D&SCONXRaCTO~, ZNC. c2~=k ~13032) Regarding your health dnsurance options, I detailed your choices during my telephone message to you on Monday, Dec~her 17 (7:00 a.m.). You have no~ indicated your selecCion, so I will outline them for you one more time. As of the pay period for December 1, your premiums were paid for coverage wp until midnight of December 31, 2001. Your deductions of $105.90 each on December 8 and December 15 were applied toward January's premiums. BLUE CROSS/BLUE SHIELD only allows changes to be effective as of the first of each month. You may elect to continue your coverage through our firm for a period of up to 1 year from January I, 2002. I am entitled to charge you the BLUE CROSS/BLUE SHIELD premium (currently $423.60 per month) plus a 2% administrative fee to which BLUE CROSS/BLUE SHIELD entitles me ($8.47;, making your monthly premiums $432.07. Ail premiums must be made to D&S CONTRACTORS by the first day of every month, unless prior written consent is given by me, or your policy will be cancelled. Only for this one month (January 2002), will I permit a grace period until January 7, 2002. If a partial premium of $211.80 plus $4.24 ~Jmn O~ 0~ 01:41p 2001 ($216.04) is not received by close of business on that date, your insurance coverage will be cancelled effective midnight December 31, 2001, and $211.80 for the psrtial payments in December will be refunded to you on January 8, 2002. If payment of $216.04 15 received by January 7, 2002, your insurance will remain in effect until midnight of January 31, 2002. If you wish ~o continue coverage throughout February, payment must be received by February i, and so on until you req~es~ cancellation, your premium is cancelled for non-payment, or until December 31, 2002. Any questions or inquiries relevant to this matter are to be directed to my personal attention. Signed, D&$ CONTRACTORS, INC. CHRISTINE-L. DUDANOWICZ Vice President EXHIBIT B EXHIBIT C CHAR~-ES W, JOHNSTON JAMES A. DIAMOND* *AI~o AdmiRed to NJ Bar LAW OFFICES JOHNSTON & DIAMOND A PROFESSIONAL CORPORATION SUITE 100 150 CORPORATE CENTER DRIVE P. O. BOX 98 CAMP HILL, PENNSYLVANIA 17001-0098 TELEPHONE (717) 975-5500 TELECOPIER (717) 975-5511 January 14, 2002 Christine L. Dudanowicz, Vice President D & S Contractors 5700 Blue Mountain Trail Enola, PA 17025-1177 Re: Joseph Storm RR#1, Box 385 Beaver Spring, PA 17812 Dear Ms. Dudanowicz: I represent Joseph Storm, who, until December 14, 2001, was employed by D & S Con- tractors. I am writing you concerning your letter dated December 26, 2001, to Mr. Storm. The purpose of your letter was to send to Mr. Storm his final paycheck and to itemize various "de- ductions'' that you made against his paycheck after taxes. The "deductions" totaled $543.14, and were taken for apprenticeship books ($118.14), security badge ($50.00), and unreturned tools ($375.00). Based on the actions that you have taken in deducting these amounts from Mr. Storm's paycheck, it is obvious that you are unfamiliar with the pmvisions of the Pennsylvania Wage Payment and Collection Law (hereinafter the "Law") and its Regulations. Section 3 of the Law provides, in relevant part: §260.3. Regular Payday "(a) Wages other than fringe benefits and wage supplements. Every employer shall pay all wages, other than fringe benefits and wage supplements, due to his employes on regular paydays designated in ad- vance by the employer .... (Section 5 of the Law deals with the payroll dates for employes who are separated from the payroll before paydays.) The wages shall be paid in lawful money of the United States or check, Christine L. Dudanowicz January 14, 2002 Page 2 except that deductions provided by law, or as authorized by regulation of the Department of Labor and Industry for the convenience of the employe, may be made including deductions of contributions to employe benefit plans which are subject to the Employee Retirement Income Security Act of 1974, a,v amended, 29 U.S.C. §1001, et seq." As you will see in reviewing the above-quoted language, under the Law an employer is only au- thotized to make deductions against wages due an employee for three reasons: i.e., (1) deduc- tions provided by law; (2) deductions authorized by regulation of the Department of Labor and Indush-y, and (3) deductions and conffibutions to employee benefit plans. The deductions that you have taken against Mr. Storm's final paycheck do not fall within any of the permitted cate- gories of deductions. The Regulations issued by the Department of Labor and Industry relating to the Law do provide for 13 forms of authorized deductions. I have enclosed for your benefit a copy of those Regulations. As you will see in reviewing the Regulations, the deductions you have taken against Mr. Storm's final paycheck are not authorized by the Regulations. I believe it should be very clear to you that the action you have taken as outlined in your letter of December 26, 2001, are contrary to the Law and its Regulations. I would therefore ex- pect that, having been made aware of your unintended violation of the Law and its Regulations, you will promptly forward to Mr. Storm a check in the mount of $543.14. You should be aware that the Law provides for cettain civil remedies that are generally not otherwise available under other laws. These remedies include the award of attorneys' fees and the award of liquidated damages in an amount equal to 25% of the total wages due or $500.00, whichever is greater. If the money is paid to Mr. Storm within five days of the date of this letter, we will not pursue the recovery of the liquidated damages and the attorneys' fees. In the event that the monies due to Mr. Storm are not paid within five days of the date of this letter, an action will be flied seeking recovery of the wages due plus the liquidated damages and attor- neys' fees. Very truly yours, cwJ/j5 Enclosure cc: Joseph Storm CHARLES W. JOHNSTON EXHIBIT D CHARLES W. JOHNSTON ]AMES A. DIAMOND" LAW OFFICES JOHNSTON & DIAMOND SUITE 100 150 CORPORATE CENTER DRIVE P. O. SOX 98 CAMP HILL, PENNSYLVANIA 17001-0098 February 25, 2002 TELEPHONE (717) 975-5500 TELECOPIER (717) 975-5511 VIA CERTIFIED MAIL Christine L. Dudanowicz, Vice President D & S Contractors 5700 Blue Mountain Trail Enola, PA 17025-1177 Re: Joseph Storm RR#1, Box 385 Beaver Spring, PA 17812 Dear Ms. Dudanowicz: As you are aware, I represent your former employee, Joseph Storm. By my letter dated January 14, 2002 (a copy of which I have enclosed for your convenience), I had demanded that you promptly comply with the provisions of the Pennsylvania Wage Payment and Collection Law and its accompanying Regulations. As of this date you have failed to comply with the Law and its Regulations and pay my client the wages due him. As a result of your inaction, we will be promptly filing a Complaint in the Court of Common Pleas of Cumberland County, seeking ail the wages due to Mr. Storm, along with liquidated damages and attorneys' fees. While I do not believe that the payment of Mr. Storm's wages were in any way lawfully conditioned upon the return of the items that you noted in your letter of December 26, 2001, I have had my client review his records to determine whether he in fact possessed any of the items that you detailed in your letter. In reviewing his records, he has found the following books: · Illustrated Dictionary for Electrical Workers, by John Traister · Interpreting the National Electrical Code, 5tn Ed., by Truman Surbrook and Jonathan R. Althouse Christine L. Dudanowicz February 25, 2002 Page 2 · Stallcup's Generator, Transformer, Motor and Compressor Book · Independent Electrical Contractors, Inc. 2001/2002 Apprenticeship Curriculum - Student Manual - Second Year · Delmar's Standard Textbook of Electricity, 2~d Edition, by Stephen L. Herman While you did not request the return of the Delmar's Standard Textbook of Electricity, 2na Edi- tion, by Stephen L. Herman, we are returning that book to you as well. I am also enclosing herewith the East Pennsboro Area School District security badge. With respect to the tools that you detailed in Paragraph 3 of your letter, my client does not have possession of those tools, nor did he maintain any exclusive possession of the tools dur- ing the latter term of his employment. If you have any documentation that would in any way in- dicate that these tools were exclusively assigned to my client and in fact received by my client, I would appreciate receiving a copy of that documentation and would of course review it with my client. Very truly yours, CWl/jrf Enclosures CHARLES W. JOHNSTON CC: Joseph Storm VERIFICATION I, JOSEPH C. STORM, hereby verify that the statements contained in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. JO~-~PH C.~STORM Dated: Attorneys for Plaintiff: CHARLES W. ,JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: {717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWlCZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON pi.FAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2002-02442 : : CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR JUDGMENT UPON DEFAULT PURSUANT TO Pa.R.C.P. No. 1037(c) Plaintiff, Joseph C. Storm, by through his attorney, Charles W. Johnston and the law firm of Johnston & Diamond, P.C., pursuant to Pa.R.C.P. No. 1037(c), moves this Court for an Order entering Judgment against Defendants for the following reasons: 1. On May 17, 2002, the Complaint (a copy of which is attached hereto as "Exhibit A") was filed with the Prothonotary. 2. On May 22, 2002, Defendants were served with a copy of the Complaint by the Sheriff (a copy of the Sheriffs' Returns are attached hereto as "Exhibit B"). 3. On June 13, 2002, having received no answer to the Complaint, Notices were sent to the Defendants pursuant to Pa.R.C.P. No. 237.1 (copies of which are attached hereto as "Ex- hibit C"), even though pursuant to Pa.R.C.P. No. 237.1(b)(1), there was no need to provide Defendants with the Notice. 4. Plaintiff's claims in Count I and Count II of the Complaint were based on viola- tions of the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. Ann. §260.1, et seq. 5. In the prayers for relief under Counts I and II of the Complaint, Plaintiff requested entry of judgment in his favor and against Defendants in the amount of $543.14, representing the net wages payable to Plaintiff. 6. In addition, Plaintiff in the prayers for relief in Counts I and II, sought entry of judgment against Defendants for liquidated damages pursuant to 43 Pa. Cons. Stat. Ann. §260.10, in the amount of 25% of the compensation or $500.00, whichever is greater. Given the amount of the compensation (i.e., $543.14), the greater amount is $500.00. Plaintiff therefore seeks liquidated damages in the amount of $500.00. 7. In addition, in the prayer for relief in Counts I and II, Plaintiff sought the award of attorneys' fees and costs as permitted by 43 Pa. Cons. Stat. Ann. §260.9a(f). Attached hereto and incorporated herein by reference is the Affidavit of Charles W. Johnston, Esquire, which de- tails the amount of attorneys' fees and costs incurred in this matter. The attorneys' fees incurred in this matter are $862.50, and the costs incurred are $115.16. 2 WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendants D&S Contractors, Inc., Norman Dudanowicz and Christine L. Duda- nowicz, in the amount of $2,020.80. Respectfully submitted, JOHNSTON & Dn~dvtOND, P.C. Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 CH~. JoHN N Pa. I.D. No. 1562[ ] Attorneys for Plaintiff Dated: June 28, 2002 Attorneys for Plaintiff: CHARLES W. JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWlCZ and CHRISTINE L. DUDANOWlCZ, Defendants · IN THE COURT OF COMMON pI.EAS : CUMBERLAND COUNTY, PENNSYLVANIA ; · No. 2002-02442 : : CIVIL ACTION - LAW AFFIDAVIT OF COUNSEL REGARDING ATTORNEYS' FEES AND COSTS I, CHARLES W. JOHNSTON, ESQUIRE, being duly sworn, depose and say as follows: 1. During all times relevant herein I was employed by Johnston & Diamond, P.C., as counsel for Plaintiff, Joseph C. Storm. I am authorized to make this Affidavit on behalf of Johnston & Diamond, P.C., which maintains its offices at 150 Corporate Center Drive, Suite 100, Post Office Box 98, Camp Hill, Pennsylvania 17001-0098. 2. I make this Affidavit in support of Plaintiff's Motion for Judgment upon Default pursuant to Pa. R.C.P. No. 1037(c) in the above-entitled matter seeking reimbursement of attorn- eys' fees. 3. During the course of the above-entitled litigation, I have been the attorney respon- sible for handling this matter· 4. Johnston & Diamond, P.C. maintains records of the time expended and expenses and costs incurred in the rendition of professional services for all of its clients, consisting of daily time and expense records under the client's name. The fi~m of Johnston & Diamond, P.C. maintains a time accounting system whereby a client is billed in quarter-hour increments. For each amount of time expended a notation is made concerning the type of work performed, the date performed, and the amount of time expended. Virtually all clients of the firm are billed on an hourly basis. 5. With regard to the above-entitled matter, this procedure was followed. 6. Under the accounting procedures of the firm, once the amount of time expended is calculated, it is multiplied by the attorney's billing rate. Again, this was the case in this matter. 7. In connection with this matter, the following represents a recapitulation of the amount of time expended, the date the work was performed, and the nature thereof: Date Description Hours 2/4/02 Conference with Joseph Strum re D&S Contractors .25 2/25/02 Letter to D&S Contractors re employee wages .25 3/18/02 Conference with Joseph Storm re D&S Contractors .25 4/26/02 Conference with Joseph Storm re D&S Contractors .25 5/3/02 Work on draft of Complaint v. D&S Contractors .50 5/4/02 Conference with Joseph Storm re Complaint v. D&S .50 Contractors 5/5/02 Prepare Complaint v. D&S Contractors 1.0 5/6/02 Finalize Complaint v. D&S Contractors; letter and .75 Verification to Joseph Stomi 5/16102 Letters to Cumberland County Prothonotary and .50 Sheriff re filing and service of Complaint v. D&S Contractors 6/13/02 Prepare and serve Ten-day Default Notice v. D&S .25 Contractors 2 Date Description Hours Research re Motion for Default Judgment by the .5 6/24/02 Court; draft Motion for Default Judgment by the Court v. D&S Contractors 6/26/02 Work on draft of Motion for Default Judgment by the .75 Court and Affidavit of Attorneys' Fees v. D&S Con- tractors; letter to Prothonotary re filing of Motion TOTAL 5.75 8. The normal billing procedure was followed in billing Plaintiff. All of the work listed above was perfoai~ed by Charles W. Johnston, Esquire, whose billing rate for all of the work was $150.00 per hour. 9. The total amount of the bill is $862.50, or 5.75 hours at $150.00 per hour. 10. I, Charles W. Johnston, Esquire, was admitted to the practice of law before the Pennsylvania Supreme Court on September 29, 1972. On the date that I first became admitted to the practice of law in 1972, I was associated with the fi~f~i of Handler, Gerber, & Widmer, P.C., and subsequent to that date have been continuously employed by that firm and its successors most recently, Johnston & Diamond, P.C. During my association with these firms, I have con- centrated my practice in labor and employee benefit plan law. 11. As previously noted, Plaintiff was charged on an hourly basis for all work per- formed in the above-entitled matter and, therefore, there was no contingency element in this mat- ter. 12. The costs incurred in this action were $115.16, representing $45.50 to the Prothonotary for the filing fee, and $69.66 to the Sheriff for service fees. I hereby verify that the statements contained herein are tree and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ~ Dated: June 28, 2002 EXHIBIT A Attorneys for Plaintiff: CHARLES W. JOHNSTON, ESQUIRE Pa. I.D. No. 1562'1 JOHNSTON & D~AMOND, P.C. Suite 100, 150 Corporate Center Ddve P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, liNC. NORMAN DUDANOWlCZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON pI.EAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NOTICE YOU HAVE BEF. N 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 fo~h 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 re- quested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOUI .D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWY'ER OR CANNOT AFFORD ONE, GO TO OR T~.I .F. PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I.F. GAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 Attorneys for Plaintiff:. CHARLES W. JOHNSTON, ESQUIRE Pa. I.D, No. 15621 JOHNSTON & D~AMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON pl JF~AS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - LAW COMPLAINT Plaintiff, Joseph C. Sto,n, through his attorneys, Charles W. Johnston, Esquire and the law finn of Johnston & Diamond, P.C., files this Complaint against D&S Contractors, Inc., Norman Dudanowicz and Christine L. Dudanowicz, Defendants, and in support thereof alleges as follows: 1. Plaintiff Joseph C. Storm is an adult individual and citizen of the Commonwealth of Pennsylvania with an address at R.R.1, Box 385, Beaver Springs, Snyder County, Pennsyl- vania 17812. 2. Defendant D&S Contractors, Inc. ("D&S"), is a corporation organized and exist- ing under the laws of the Commonwealth of Pennsylvania, which has at all relevant times had a registered address and place of business at 5700 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania 17025-1177. 3. Defendant Norman Dudanowicz is and at all relevant times was President and Chief Executive Officer, and is and was actively involved in the operations of D&S as a corpo- rate officer. 4. Defendant Christine L. Dudanowicz is and at ail relevant times was Vice Presi- dent and Secretary/Treasurer, and is and was actively involved in the operations of D&S as a corporate officer. 5. At all times relevant from April 19, 1999 until December 14, 2001, when he ter- minated his employment with D&S, Plaintiff was employed by D&S as an Electrician. 6. During the work week of December 10, 2001 through December 14, 2001 (the "Relevant Work Week"), Plaintiff's hourly rate of pay was $30.23. 7. During the Relevant Work Week, Plaintiff worked forty (40) hours. 8. During the Relevant Work Week, based on PlaintiWs hour rate of pay of $30.23, and the aforementioned 40 hours of work, Plaintiff's gross pay was $1,209.20. 9. The regular pay day for the Relevant Work Week was December 20, 2001. 10. Plaintiff was not paid the wages due for the Relevant Work Week on December 20, 2001. Rather, by letter dated December 26, 2001 from Defendant Christine L. Dudanowicz (a copy of which is attached hereto as "Exhibit A"), Plaintiff received from D&S a check in the amount of $214.56 (a copy of which is attached hereto as "Exhibit B"), instead of the total net pay due him of $757.70. 11. By letter dated January 14, 2002 from Charles W. Johnston, Esquire, attorney for Plaintiff herein, to Defendant Christine L. Dudanowicz (a copy of which is attached hereto as "Exhibit C"), Plaintiff demanded payment in full of the balance of the wages due him for the Relevant Work Week. 12. By letter dated February 25, 2002 (a copy of which is attached hereto as "Exhibit D"), Plaintiff, through his attorney, made another demand for the balance of wages due him for the Relevant Work Week. 13. Despite Plaintiff's demands, Defendants have failed to pay to Plaintiff the net wages due of $757.70 for the Relevant Work Week. COUNT I JosEPH C. STORM V. D&S CONTRACTORS, INC. 14. The allegations set forth in Paragraphs 1 through 13 above are hereby incorpo- rated by reference. 15. Defendant D&S was at all times relevant hereto an "Employer" vis a vis Plaintiff within the meaning of the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. Ann. §260.2(a). 16. The said wages due to Plaintiff for the Relevant Work Week constitute wages due under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. Ann. §260.2(a), and the actions of D&S in failing to pay all wages due Plaintiff constitute a violation of the Penn- sylvania Wage Payment and Collection Law. 17. Pursuant to 43 Pa. Cons. Stat. Ann. §260.10, in addition to being entitled to the principal amount of said underpaid wages for the Relevant Work Week, and interest, Plaintiff is entitled to liquidated damages in an amount equal to twenty-five (25%) percent of the wage un- derpayment or $500.00, whichever is greater. 18. In accordance with 43 Pa. Cons. Stat. Ann. §260.9a(f), owing to D&S's actions, Plaintiff is entitled to statutory attorneys' fees and costs associated with this action. WHEREFORE, Plaintiff respectfully requests that this Court: a. Enter judgment in his favor and against D&S Contractors, Inc., in the amount of $543.14, the net wages due, plus interest and statutory liquidated damages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attorneys' fees and costs; and b. Order such other and further relief to Plaintiff as this Court deems equita- ble. COUNT H JOSEPH C. STORM V. NORMAN DUDANOWICZ 19. The allegations set forth in Paragraphs 1 through 18 above are hereby incorpo- rated by reference. 20. Defendant Norman Dudanowicz, at relevant times was a corporate officer directly and actively involved in the operation of D&S Contractors, Inc., including the events leading up to the above-captioned lawsuit. 21. Defendant Nmman Dudanowicz, as an active corporate officer of D&S, is indi- vidually, for the purposes of the Pennsylvania Wage Payment and Collection Law, an "Em- 4 ployer" as defined in 43 Pa. Cons. Stat. Ann. §260.2a, and is personally liable for the unpaid wages due to an employee. WHEREFORE, Plaintiff respectfully requests that this Court: a. Enter judgment in his favor and against Defendant No, man Dudanowicz, in the amount of $543~4, the net wages due, plus interest and statutory liquidated dam- ages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attorneys' fees and costs; and b. Order such other and further relief to Plaintiff as this Court deems equita- ble. COUNT III ,'~OSEPH C. STORM V. CHRISTINE L. DUDANOW~CZ 22. The allegations set forth in Paragraphs 1 through 21 above are hereby incorpo- rated by reference. 23. Defendant Christine L. Dudanowicz, at relevant times was a corporate officer di- rectly and actively involved in the operation of D&S Contractors, Inc., including the events lead- ing up to the above-captioned lawsuit. 24. Defendant Christine L. Dudanowicz, as an active corporate officer of D&S, is in- dividuaily, for the purposes of the Pennsylvania Wage Payment and Collection Law, an "Em- ployer'' as defined in 43 Pa. Cons. Stat. Ann. §260.2a, and is personally liable for the unpaid wages due to an employee. WHEREFORE, Plaintiff respectfully requests that this Court: a. Enter judgment in his favor and against Defendant Christine L. Duda- nowicz, in the amount of $543.14, the net wages due, plus interest and statutory liqui- dated damages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attorneys' fees and costs; and Order such other and further relief to Plaintiff as this Court deems equita- ble. Dated: May 16, 2002 Respectfully submitted, JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 By C~ Pa. I.D. No. 1567~/ Attorneys for Plaintiff EXHIBIT A '3~ 02 02 Ol:40p p.2 December 26, 2007 Mr. Joseph Storm RR #I, Box 385 Beaver Spring, PA Z 7812 RE: FINAL FAYCHECKRECONCILIATION Dear Mr. storm: Enclosed is your final paycheck (D&S check #13032) for ~he amount of $214.56. Attached is a copy of the JONES ACCOUNTING check I originally had cut for your wages. However, D&S CONTRACTORS, INC. adjusted your net earnings to compensate for the following ~) ~YEAR 2 APPRENTZCE BOOKS FOR IEC COURSE Illustrated Dictionary for Electrical Workers $ 25.95 . Interpreting the NEC $ 28.24 StaI!cup' s Generators, Transformers, etc. $ 27.95 Student Manual ~ $6. O0 $118.14 ***If any of the aforementioned books are returned to me in good condition, I will gladly refund or part of the retainage. You must, however, make arrangements to deliver th~ to me personally (to the 5700 Blue Mountain Trail address) or send =hem certified/registered mail to my personal attention. Delivering them ~o any other address without my prior consent is 'UNACCEPTABLE and will not be acknowledged. Delivering them via any other person withou~ my prior consent is UNACCEPTABLE and will not be acknowledged. You may ncc deliver them to any D&S project site, as these projects are private properties of the ~wners, and ~hey have been made aware that you are no longer a D&S CONTRACTORS employee. Entering any of these project sites or any D~S CONTRACTORS trailer will be considered trespassing b y any Owner and/or by D~$ CONTRACTORS, ZNC. 5706 Blue Mountam Ti'ail · Enola. PA 1 ?025-1177 · (717) T32-8560 · FaX (717) 732-8~61 200! EAST PENNSBORO AREA SCHOOL DISTRICT BADGE These badges were issued for the security of . the children attending the District's schools. a~'~ ~W;~?~~ You have ,or returned the badge assigned to you. ***If the aforementioned badge is returned to me, I will refund the retainage attributed to this ite~. Yo~z must~ however, make arrangements to deliver it to me personally (to the 5700 Blue - Mountain Trail address) or send it certified/registered mail to my personal attention. Delivering it to any other address without my prior consent is UNACCEPTABLE and will not be acknowledged. Delivering it via any other person without my prior consent is UNACCEPTABLE and will not be acknowledged. You may not deliver it to any D&S project site, as these projects are private properties of the Owners, and they have been made aware that you are no longer a D&$ CONTRACTORS employee. Entering any of these project sites or any D&S CONTRACTORS trailer will be considered trespassing by any Owner and/or by D&S CO.~TRACTORS , INC. D&S CONTRACTORS tools (asSig~ and ~ived b~ you) Electric drill (depreciated value) Battery drill (depreciated value) SDS drill (depreciated value) ***If any of the aforementioned tools are returned to me in good condition, I will gladly refund ail or part of the retainage. You must, however, make arrangements to deliver them to me personally (to the 5700 Slue Mountain Trail address) or send them certified/registered mail to mY personal attention. Delivering them to any other $ 50. O0 $100. O0 SlO0. O0 ~1.75. O0 $375. O0 DlC~dmub4~ 26, 200! Your address without my prior consent is UNACCEPTABLE and will not be acknowledged. Delivering them via any other person without my prior consent is UNACCEPTABLE and will not be acknowledged. You may not deliver them to any D&S project site, as these projects are private properties of the Owners, and they have been ~ade aware that you are nb longer a D&S CONTRACTORS employee. Entering any of these project sites or any D&S CONTRACTORS trailer will be considered trespassing by any Owner and/or by D&S CONTRACTORS, INC. final paycheck has been 'issued as follows: $;757. ?0 Regarding your health '~suran~ options, I decail~ your choices during my telephone message to you on Monday, ~c-~er 17 (7:00 a.m.), You ha~ not indicated your selection, so ~ will outline them for you one more time. As of the pay peri~ for Decker 1, your pr~iums were paid for coverage up until midnigh~ uf Dec--er 3~, 2001. Four deductions of $105.90 each on December 8 and Dec,er 15 were appli~ toward January's ~r~i~s. BLUE CROSS/BLUE SHIELD only allows changes to ~ effective as of the first of each month. You may elect to continue ~ur coverage through our fi~ for a period of up to I year fr~ January I, 2002. ~ am entitl~ to charge you the BLUE CROSS/BLUE SHIELD pr~ (currently $423.60 per month) plus a 2% a~inistrative fee to which BLUE CROSS/BLUE SHIELD entitles se ($8.47), making your monthly premiums $432.07. Ali pr~iums must. he,de to D&S C~T~CTORS bF the first day of every mon=h, unless prior written consent is given by me, or your policy will be cancelled. Only for this one month (January 2002), will I pe~it a grace period until January 7, 2002. If a ~rtial premi~ of $211.80 p~us $4.24 ($216.04) is not received by close of business on tha= dace, your insurance coverage will be cancelled effective midnight December 31, 200~, and $211.80 for the p~rtial payments in Dec--her will be refunded to you on January 8, 2002. Zf payment of $216.04 is receive~ by January 7, 2002, your insurance will remain in effect u~til midnight of January 31, 2002. If you wis~ to con=inue coverage throughout February, payment must be received by February ~, and so on until you request cancella=ion, your premi~ is cancelled for non-payment, or un=il December 31, 2002. Any questions or inquiries relevant to this matter are to ~e directed to my personal attention. Signed, D&$ CONTRACTORS, INC. CHRISTINE-L. DUDANOW[CZ Vice President EXHIBIT B EXHIBIT C CHAR.LES W, )OHNSTON JAMES A. DIAMOND* '"Also Ad~ to LAW OFFICES JOHNSTON & DIAMOND A PROFESSIONAL CORPORATION SUITE 100 150 CORPORATE CENTER DRIVE P. O. BOX 98 CAMP HILL, PENNSYLVANIA 17001-0098 TELEPHONE (717) 975-5500 TELECOPIER 1717) 975-S511 January 14, 2002 Christine L. Dudanowicz, Vice President D & S Contractors 5700 Blue Mountain Trail Enola, PA 17025-1177 Re: Joseph Storm RR#1, Box 385 Beaver Spring, PA 17812 Dear Ms. Dudaqowicz: I represent Joseph Storm, who, until December 14, 2001, was employed by D & S Con- tractors. I am writing you concerning your letter dated December 26, 2001, to Mr. Sto~'m. The purpose of your letter was to send to Mr. Storm his final paycheck and to itemize various "de- duclions" that you made against his paycheck after taxes. The "deduetiens" totaled $543.14, and were taken for apprenticeship books ($118.14), security badge ($50.00), and unreturned tools ($375.00). Based on the actions that you have taken in deducting these amounts from Mr. Storm's paycheck, it is obvious that you are unfamiliar with the provisions of the Pennsylvania Wage Payment and Collection Law (hereinafter the "Law") and its Regulations. Section 3 of the Law provides, in relevant part: §260.3. Regular Payday "(a) Wages other than fringe benefits and wage supplements. Every employer shall pay all wages, other than fringe benefits and wage supplements, due to his employes on regular paydays designated in ad- vance by the employer .... (Section 5 of the Law deals with the payroll dates for employes who are separated from the payroll before paydays.) The wages shall be paid in lawful money of the United States or check, Christine L. Dudanowicz January 14, 2002 Pag~ 2 except that deductions provided by law, or an.authorized by regulation of the Department of Labor and Industry for the convenience of the employe, may be made including deductions of contributions to employo benefit plans which ar~ subject to the P~mployee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §1001, etseq.' As you will see in reviewing the above-quoted language, under the Law an employer is only au- thorized to make deductions against wages due an employee for three reasons:/.e., (1) deduc- tiom provided by law; (2) deductions authorized by regulation of the Department of Labor and Industry, and (3) deductions and contributions to employee benefit plans. The de~iuctions that you have taken against Mr. Storm's final paycheck do not fall within any of the l~,mitted cate- gori~s of deductions. The Regulations issued by the Dep~t,~t of Labor and Industry relating to the Law do provide for 13 forms of authorized deductions. I have enclosed for your benefit a copy of those Regulations. As you will see in reviewing the Regulations, the deductions you have taken against Mr. Storm's final paycheck are not 'authorized by the Regulations. I believe it should be very clear to you that the action you have take~ as outlined in your letter of December 26, 2001, are contrary to the Law and its Regulations. I would therefore ex- pect that, having been made aware of your unintended violation of the Law and its Regulations, you will promptly forward to Mr. Stcaiii a check in the amount of $543.14. You should be aware that the Law provides for certain civil remedies that are generally not otherwise available under other laws. Thes~ remedies include the award of attorneys' fees and the award of liquidated damages in an amount equal to 25% of the total wages due or $500.00, whichever is ~¢ater. If the money is paid to Mr. Storm within five days of the date of this letter, we will not pursue the recovery of the liquidated damages and the attorneys' fees. In the event that the monies due to Mr. Storm are not paid within five days of the date of this letter, an action will be filed seeking recovery of the wages due plus the liquidated damages and attor- neys' fees. Very truly yours, cw. /jrf Enclosure cc: Joseph Storm ~ W. JOHNSTON EXHIBIT D r CHARLES W. JOHNSTON JAMES A. DIAMOND* *Also Admitl~l~o NJ Bar LAW OFFICES JOHNSTON & DIAMOND A PROFESSIONAL CORPORATION SUITE 100 150 CORPORATE CENTER DRIVE P. O. BOX 98 CAMP HILL, PENNSYLVANIA 17001-0098 February 25, 2002 TELEPHONE (717) 975-55O0 TELECOPIER (717) 975-5511 VIA CERTIFil~D ~ Christine L. Dudanowicz, Vice President D & S ConU~tors 5700 Blue Mountain Trail Enola, PA 17025-1177 Re: Joseph Storm RR#1, Box 385 Beaver Spring, PA 17812 Dear Ms. Dudanowicz: As you are aware, I represent your former employee, Joseph Storm. By my letter dated January 14, 2002 (a copy of which I have enclosed for your convenience), I had demanded that you promptly comply with the provisions of the Pennsylvania Wage Payment and Collection Law and its accompanying Regulations. As of this date you have failed to comply with the Law and its Regulations and pay my client the wages due him. As a result of your inaction, we will be promptly filing a Complaint in the Court of Common Pleas of Cumberland County, seeking all the wages due to Mr. Storm, along with liquidated damages and attorneys' fees. While I do not believe that the payment of M~. Storm's wages were in any way lawfully conditioned upon the return of the items that you noted in your letter of December 26, 2001, I have had my client review his records to dete, n,ine whether he in fact possessed any of the items that you detailed in your letter. In reviewing his records, he has found the following books: · Ill~tratedDictionaryfor Electrical Workers, by John Traister · Interpreting the National Electrical Code, Sta Ed., by Truman Surbrook and Jonathan R. Althouse Christine L. Dudanowicz February 25, 2002 Page 2 · Stallcup's Generator, Transformer, Motor and Compressor Book · Independent Electrical Contractors, Inc. 2001/2002 Apprenticeship Curriculum - Student Manual - Second Year · Delmar's Stan_d_n_rd Textbook of Electricity, 2~a Edition, by Stephen L. Heaman While you did not request the return of the Delmar's Standard Textbook of Electricity, 2na Edi- tion, by Stephen L. Herman, we are returning that book to you as well. I am also enclosing herewith the East Permsboro Area School District security badge. With respect to thc tools that you detailed in Paragraph 3 of your letter, my client does not have possession of those tools, nor did he maintain any exclusive possession of the tools dur- ing the latter te~iu of his employment, ff you have any documentation that would in any way in- dicate that these tools were exclusively assigned to my client and in fact received by my client, I would appreciate receiving a copy of that documentation and would of course review it with my client. Very truly yours, CW rf Enclosures ~ W. JOHNSTON cc: Joseph Storm VERIFICATION I, JOSEPH C. STORM, hereby verify that the statements contained in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. Dated: EXHIBIT B SHERIFF'S RETURN - REGULAR CASE NO: 2002-02442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STORM JOSEPH C VS D&S CONTRACTORS INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon D & S CONTR3%CTORS INC the DEFENDANT at 5700 BLUE MOUNTAIN TRAIL , at 1435:00 HOURS, on the 22nd day of May , 2002 ENOLA, PA 17025-1177 CHRISTINE DUDANOWICZ by handing to VICE PRESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 So Answers: R. Thomas Kline 05/23/2002 JOHNSTON & DIAMOND Sworn and Subscribed to before By: me this. day of '- .' /'-D~u~Y~fS~If A.D. ' ' Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-02442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STORM JOSEPH C VS D&S CONTRACTORS INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DUDANOWICZ NORM3kN the DEFENDANT at 5700 BLUE MOUNTAIN TRAIL , at 1435:00 HOURS, on the 22nd day of May ENOLA, PA 17025-1177 by handing to CHRISTINE DUDANOWICZ a true and attested copy of COMPLAINT & NOTICE together with , 2002 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 05/23/2002 JOHNSTON & DIAMOND Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-02442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STORM JOSEPH C VS D&S CONTRACTORS INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DUDANOWICZ CHRISTINE L the DEFENDANT , at 1435:00 HOURS, on the 22nd day of May at 5700 BLUE MOUNTAIN TRAIL ENOLA, PA 17025-1177 by handing to CHRISTINE DUDANOWICZ a true and attested copy of COMPLAINT & NOTICE , 2002 together with and at the same time directing Her attention to .the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 05/23/2002 JOHNSTON & DIAMOND By: ~~f /ep~y ~h~f! Prothonotary EXHIBIT C Attorneys for Plaintiff:. CI-IARLE8 W. JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5--r'~ JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON pI.F. AS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002-02442 : CIVIL ACTION - LAW : NOTICE To: D&S Contractors, Inc., Defendant 5700 Blue Mountain Trail Enela, PA 17025-1177 Da~: June 13,2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAB' .F~ TO ENTER A WRITTEN APPEAR- ANCE PERSONA[ .! .Y OR BY ATrORNEY AND 1~.~ IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UN[ PSS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDG- MENT MAY BE ENTEIH~D AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHFR IMPORTANT RIGHTS. YOU SHOLff .r} TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR ~.RPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI4E~ YOU CAN GET !.FOAL I-n~.P. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 Attomeys for Plaintiff: CHARLE~ W. JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 IOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON PLF. AS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002-02442 : : CIVIL ACTION - LAW : NOTICE To.' Nosman Dudanowicz, Defendant 5700 Blue Mountain Trail Enola, PA 17025-1177 Date: June 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAH.RD TO ENTER A WRITTEN APPEAR- ANCE PERSONAI.I.Y OR BY ATrORNEY AND Frt.R IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLF~SS YOU ACT WITHIN TEN (10)DAYS FROM THE DATE OF THIS NOTICE, A JUDG- lvn:~NT MAY BE ENTERF. D AGAINST YOU WITHOUT A Iq'FARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOU~ .D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, G-O TO OR T',a/.RPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET !.RGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 A~fomeys for Plaintiff: CHARLES W. JOHNSTON~ ESQUIRE Pa. I.D. No. 15621 JOHNSTON & D~AMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants IN THE COURT OF COMMON pI.F. AS CUMBErlAND COUNTY, PENNSYLVANIA No. 2002-02442 CIVIL ACTION - LAW NOTICE To: Christine L. Du4%nowicz, Defendant 5700 Blue Mountain Trail Enola, PA 17025-1177 Date: June 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAn.RD TO ENTER A WRYITEN APPEAR- ANCE PERSONAI.I.Y OR BY ATrORNEY AND F~.R IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN ~ (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDG- MENT MAY BE ENTERED AGAINST YOU WITHOUT A I-~.ARING AND YOU MAY LOSE YOUR PROPERTY OR O'rHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T~ .h-:PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WH~.RE YOU CAN GET I.g. GAL I-~.P. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 JUL 0 200 Attorneys for Plaintiff: CHARLES W. JOHNSTON, ESQUIRE Pa, LD. No. 15621 JOHNSTON & DIAMOND, P.C, Suite 100, 150 Corporate Center Drive P. O, Box 98, Camp Hill, PA 17001-0098 Phone: {717) 975-5500 JOSEPH C. STORM, Plaintiff D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002-02442 : : CIVIL ACTION - LAW ORDER AND JUDGMENT The Court has before it Plaintiff's Motion for Judgment Upon Default pursuant to Pa.R.C.P. No. 1037(c). After review and consideration of Plaintiff's Motion, Exhibits and Affi- davit attached thereto, the Court finds that Plaintiff is entitled to judgment. Therefore, it is OR- DERED, ADJUDGED AND DECREED: · .,,,.. r- · · ' ""' ..... ~ d~dgm ............................... .I' ...... , ~" ent is hereby entered in favor of Plaintiff and against Defendants, Defendants D&S Contractors, Inc., Norman Dudanowicz and Christine L. Dudanowicz, for unpaid wages in the amount of $543.14.~ jjJ~.'~l~"O J~ ........ om~v L. ~udanuw~cz, anu~uugmem ~s h~s~by ~mer¢a m ~aw)t of .............. , - - , ............... ~ and Plaid*lee ,-- a · *. , ..... ~,-,,o[ ~,ctexmants, L~elenctants D&S Contractors, Inc., Norman Duoanowlcz m,d 15.16. - The Prothonotary shall notify Defendants of the entry of this Order and Judgment by mailing copies of the Order and Judgment to Defendants at the following addresses: D&S Contractors, Inc. 5700 Blue Mountain Trail Enola, PA 17025-1177 Norman Dudanowicz 5700 Blue Mountain Trail Enola, PA 17025-1177 Christine L. Dudanowicz 5700 Blue Mountain Trail Enola, PA 17025-1177 Dated: Attorneys for Plaintiff: CHARLES W. JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002-02442 : : CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR JUDGMENT UPON DEFAULT PURSUANT TO Pa.R.C.P. No. 1037(c) Plaintiff, Joseph C. Storm, by through his attorney, Charles W. Johnston and the law firm of Johnston & Diamond, P.C., pursuant to Pa.R.C.P. No. 1037(c), moves this Court for an Order entering Judgment against Defendants for the following reasons: 1. On May 17, 2002, the Complaint (a copy of which is attached hereto as "Exhibit A") was filed with the Prothonotary. 2. On May 22, 2002, Defendants were served with a copy of the Complaint by the Sheriff (a copy of the Sheriffs' Returns are attached hereto as "Exhibit B"). 3. On June 13, 2002, having received no answer to the Complaint, Notices were sent to the Defendants pursuant to Pa.R.C.P. No. 237.1 (copies of which are attached hereto as "Ex- hibit C"), even though pursuant to Pa.R.C.P. No. 237.1(b)(1), there was no need to provide Defendants with the Notice. 4. Plaintiff's claims in Count I and Count II of the Complaint were based on viola- tions of the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. Ann. §260.1, et seq. 5. In the prayers for relief under Counts I and II of the Complaint, Plaintiff requested entry of judgment in his favor and against Defendants in the amount of $543.14, representing the net wages payable to Plaintiff. 6. In addition, Plaintiff in the prayers for relief in Counts I and II, sought entry of judgment against Defendants for liquidated damages pursuant to 43 Pa. Cons. Stat. Ann. §260.10, in the amount of 25% of the compensation or $500.00, whichever is greater. Given the amount of the compensation (i.e., $543.14), the greater amount is $500.00. Plaintiff therefore seeks liquidated damages in the amount of $500.00. 7. In addition, in the prayer for relief in Counts I and II, Plaintiff sought the award of attorneys' fees and costs as permitted by 43 Pa. Cons. Stat. Ann. §260.ga(f). Attached hereto and incorporated herein by reference is the Affidavit of Charles W. Johnston, Esquire, which de- tails the amount of attorneys' fees and costs incurred in this matter. The attorneys' fees incurred in this matter are $862.50, and the costs incurred are $115.16. 2 WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor and against Defendants D&S Contractors, Inc., Norman Dudanowicz and Christine L. Duda- nowicz, in the amount of $2,020.80. Dated: June 28, 2002 Respectfully submitted, JOHNSTON & DInMOND, P.C. Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 BY~~N~ Attorneys for Plaintiff 3 Attorneys for Plaintiff: CHARLES W. JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-02442 CIVIL ACTION - LAW AFFIDAVIT OF COUNSEL REGARDING ATTORNEYS' FEES AND COSTS I, CHARLES W. JOHNSTON, ESQUIRE, being duly sworn, depose and say as follows: 1. During all times relevant herein I was employed by Johnston & Diamond, P.C., as counsel for Plaintiff, Joseph C. Storm. I am authorized to make this Affidavit on behalf of Johnston & Diamond, P.C., which maintains its offices at 150 Corporate Center Drive, Suite 100, Post Office Box 98, Camp Hill, Pennsylvania 17001-0098. 2. I make this Affidavit in support of Plaintiff's Motion for Judgment upon Default pursuant to Pa. R.C.P. No. 1037(c) in the above-entitled matter seeking reimbursement of attorn- eys' fees. 3. During the course of the above-entitled litigation, I have been the attorney respon- sible for handling this matter. 4. Johnston & Diamond, P.C. maintains records of the time expended and expenses and costs incurred in the rendition of professional services for all of its clients, consisting of daily time and expense records under the client's name. The firm of Johnston & Diamond, P.C. maintains a time accounting system whereby a client is billed in quarter-hour increments. For each amount of time expended a notation is made concerning the type of work performed, the date performed, and the amount of time expended. Virtually all clients of the firm are billed on an hourly basis. 5. With regard to the above-entitled matter, this procedure was followed. 6. Under the accounting procedures of the firm, once the amount of time expended is calculated, it is multiplied by the attorney's billing rate. Again, this was the case in this matter. 7. In connection with this matter, the following represents a recapitulation of the amount of time expended, the date the work was performed, and the nature thereof: Date Description Itours 2/4/02 Conference with Joseph Storm re D&S Contractors .25 2/25/02 Letter to D&S Contractors re employee wages .25 3/18/02 Conference with Joseph Storm re D&S Contractors .25 4/26/02 Conference with Joseph Storm re D&S Contractors .25 5/3/02 Work on draft of Complaint v. D&S Contractors .50 5/4/02 Conference with Joseph Storm re Complaint v. D&S .50 Contractors 5/5/02 Prepare Complaint v. D&S Contractors 1.0 5/6/02 Finalize Complaint v. D&S Contractors; letter and .75 Verification to Joseph Storm 5/16/02 Letters to Cumberland County Prothonotary and .50 Sheriff re filing and service of Complaint v. D&S Contractors 6/13/02 Prepare and serve Ten-day Default Notice v. D&S .25 Contractors 2 Date Description Hours Research re Motion for Default Judgment by the .5 6/24/02 Court; draft Motion for Default Judgment by the Court v. D&S Contractors 6/26/02 Work on draft of Motion for Default Judgment by the .75 Court and Affidavit of Attorneys' Fees v. D&S Con- tractors; letter to Prothonotary re filing of Motion TOTAL 5.75 8. The normal billing procedure was followed in billing Plaintiff. All of the work listed above was performed by Charles W. Johnston, Esquire, whose billing rate for all of the work was $150.00 per hour. 9. The total amount of the bill is $862.50, or 5.75 hours at $150.00 per hour. 10. I, Charles W. Johnston, Esquire, was admitted to the practice of law before the Pennsylvania Supreme Court on September 29, 1972. On the date that I first became admitted to the practice of law in 1972, I was associated with the firm of Handler, Gerber, & Widmer, P.C., and subsequent to that date have been continuously employed by that firm and its successors most recently, Johnston & Diamond, P.C. During my association with these firms, I have con- centrated my practice in labor and employee benefit plan law. 11. As previously noted, Plaintiff was charged on an hourly basis for all work per- formed in the above-entitled matter and, therefore, there was no contingency element in this mat- ter. 12. The costs incurred in this action were $115.16, representing $45.50 to the Prothonotary for the filing fee, and $69.66 to the Sheriff for service fees. I hereby verify that the statements contained herein are tree and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: June 28, 2002 4 EXHIBIT A Attorneys for Plaintiff: CHARLES W. JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. O:l.-- ~44~,._ : CIVIL ACTION - LAW NOTICE YOU HAVE BI~.g.N SUED IN COURT. If you wish to defend against the claim 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 m- quested 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 ~ .F. PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI-~RE YOU CAN GET LEGAL I-II~J.P. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 Attorneys for Plaintiff:. CHARLES W. JOHNSTON, ESQUIRE Pa, I.D, No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON pF.~.AS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - LAW : COMPLAINT Plaintiff, Joseph C. Storm, through his attorneys, Charles W. Johnston, Esquire and the law firm of Johnston & Diamond, P.C., files this Complaint against D&S Contractors, Inc., Norman Dudanowicz and Christine L. Dudanowicz, Defendants, and in support thereof alleges as follows: 1. Plaintiff Joseph C. Storm is an adult individual and citizen of the Commonwealth of Pennsylvania with an address at R.R.1, Box 385, Beaver Springs, Snyder County, Pennsyl- vania 17812. 2. Defendant D&S Contractors, Inc. ("D&S"), is a corporation organized and exist- ing under the laws of the Commonwealth of Pennsylvania, which has at all relevant times had a registered address and place of business at 5700 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania 17025-1177. 3. Defendant Norman Dudanowicz is and at ail relevant times was President and Chief Executive Officer, and is and was actively involved in the operations of D&S as a corpo- rate officer. 4. Defendant Christine L. Dudanowicz is and at all relevant times was Vice Presi- dent and Secretary/Treasurer, and is and was actively involved in the operations of D&S as a corporate officer. 5. At all times relevant from April 19, 1999 until December 14, 2001, when he ter- minated his employment with D&S, Plaintiff was employed by D&S as an Electrician. 6. During the work week of December 10, 2001 through December 14, 2001 (the "Relevant Work Week"), Plaintiff's hourly rate of pay was $30.23. 7. During the Relevant Work Week, Plaintiff worked forty (40) hours. 8. During the Relevant Work Week, based on Plaintiff's hour rate of pay of $30.23, and the aforementioned 40 hours of work, Plaintiff's gross pay was $1,209.20. 9. The regular pay day for the Relevant Work Week was December 20, 2001. 10. Plaintiff was not paid the wages due for the Relevant Work Week on December 20, 2001. Rather, by letter dated December 26, 2001 from Defendant Christine L. Dudanowicz (a copy of which is attached hereto as "Exhibit A"), Plaintiff received from D&S a check in the amount of $214.56 (a copy of which is attached hereto as "Exhibit B"), instead of the totai net pay due him of $757.70. 11. By letter dated January 14, 2002 from Charles W. Johnston, Esquire, attorney for Plaintiff herein, to Defendant Christine L. Dudanowicz (a copy of which is attached hereto as "Exhibit C"), Plaintiff demanded payment in full of the balance of the wages due him for the Relevant Work Week. 12. By letter dated February 25, 2002 (a copy of which is attached hereto as "Exhibit D"), Plaintiff, through his attorney, made another demand for the balance of wages due him for the Relevant Work Week. 13. Despite Plaintiff's demands, Defendants have failed to pay to Plaintiff the net wages due of $757.70 for the Relevant Work Week. COUNT I JOSEPH C. STOaM V. D&S CONTP. ACTO~,S, INC. 14. The allegations set forth in Paragraphs 1 through 13 above are hereby incorpo- rated by reference. 15. Defendant D&S was at all times relevant hereto an "Employer" vis a vis Plaintiff within the meaning of the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. Ann. §260.2(a). 16. The said wages due to Plaintiff for the Relevant Work Week constitute wages due under the Pennsylvania Wage Payment and Collection Law, 43 Pm Cons. Stat. Ann. §260.2(a), and the actions of D&S in failing to pay all wages due Plaintiff constitute a violation of the Penn~ sylvania Wage Payment and Collection Law. 17. Pursuant to 43 Pa. Cons. Stat. Ann. §260.10, in addition to being entitled to the principal amount of said underpaid wages for the Relevant Work Week, and interest, Plaintiff is entitled to liquidated damages in an amount equal to twenty-five (25%) pement of the wage un- derpayment or $500.00, whichever is greater. 18. In accordance with 43 Pa. Cons. Stat. Ann. §260.9a(f), owing to D&S's actions, Plaintiff is entitled to statutory attorneys' fees and costs associated with this action. WHEREFORE, Plaintiff respectfully requests that this Court: a. Enter judgment in his favor and against D&S Contractom, Inc., in the amount of $543.14, the net wages due, plus interest and statutory liquidated damages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attorneys' fees and costs; and b. Order such other and further relief to Plaintiff as this Court deems equita- ble. COUNT H JOSEPH C. STORM V. NORMAN DUDANOWICZ 19. The allegations set forth in Paragraphs I through 18 above are hereby incorpo- rated by reference. 20. Defendant Norman Dudanowicz, at relevant times was a corporate officer directly and actively involved in the operation of D&S Contractors, Inc., including the events leading up to the above-captioned lawsuit. 21. Defendant Norman Dudanowicz, as an active corporate officer of D&S, is indi- vidually, for the purposes of the Pennsylvania Wage Payment and Collection Law, an "Em- 4 ployer" as defined in 43 Pa. Cons. Stat. Ann. §260.2a, and is personally liable for the unpaid wages due to an employee. WHEREFORE, Plaintiff respectfully requests that this Court: a. Enter judgment in his favor and against Defendant Norman Dudanowicz, in the amount of $543.14, the net wages due, plus interest and statutory liquidated dam- ages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attorneys' fees and costs; and b. Order such other and further relief to Plaintiff as this Court deems equita- ble. COUNT HI JOSEPH C. STORM V. CHRISTINE L. DUDANOWICZ 22. The allegations set forth in Paragraphs 1 through 21 above are hereby incorpo- rated by reference. 23. Defendant Christine L. Dudanowicz, at relevant times was a corporate officer di- rectly and actively involved in the operation of D&S Contractors, Inc., including the events lead- ing up to the above-captioned lawsuit. 24. Defendant Christine L. Dudanowicz, as an active corporate officer of D&S, is in- dividually, for the purposes of the Pennsylvania Wage Payment and Collection Law, an "Em- ployer'' as defined in 43 Pa. Cons. Stat. Ann. §260.2a, and is personally liable for the unpaid wages due to an employee. WHEREFORE, Plaintiff respectfully requests that this Court: 5 a. Enter judgment in his favor and against Defendant Christine L. Duda- nowicz, in the amount of $543.14, the net wages due, plus interest and statutory liqui- dated damages of twenty-five (25%) percent of the compensation due, or $500.00, whichever is greater, plus statutory attorneys' fees and costs; and b. Order such other and further relief to Plaintiff as this Court deems equita- ble. Dated: May 16, 2002 Respectfully submitted, JOHNSTON & DUUVlOND, P.C. Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 Pa. I.D. No. 1567(~/ Attorneys for Plaintiff 6 EXHIBIT A & s CO. r' J¢ Ons F~.2 December 26~ 2001 Mr. Joseph Storm RR #1, Box 385 Beaver Spring, PA 17812 RE: FINAL PAYCHECK RECONCI[IATION Dear Mr. Storm: Enclosed is your final paycheck (D&$ check #13032) for the a~ount of $214.56. Attached is a Copy of the JONES ACCOUNTING ~heok r originally had cut for your wages. However, D&S CONTRACTORS, INC. adjusted your net earnings to compensate for the following items. YEAR 2 APPRENTZCE BOOKS, FOR IEC COURSE Illustrated Dictionary for Electrical Workers Interpreting the NEC Stal!Cup's Generators, Transformers, etc. Stud~]t Manual $ 25.95 $ 28.24 $ 27.95 $ 36. O0 $118.14 ***If any of the aforementioned books are returned to me in good condition, I will gladly refund all or pa.rt of the retainage. You must, however, make arrangements to deliver them to me personally (to the 5700 Blue Mountain Trail address) or send them cer~ified/registered mail to my persooal attention. Delivering the~ ~o any other address without my prior consent is UNACCEPTABLE and will not be acknowledged. Delivering them via any other person without my prior consen= is UNACCEPTABLE and will not be acknowledged. You may nor deliver ta~em to any D&S project site, as t.%ese projects are private properties of the ~wners, and they have been made aware that you are no longer a D&S CONTRACTORS em131oyee. Entering any of these project sites or any D~S CONTRACTORS trailer will be considered trespassing by any Owner and/or by D~S CONTRACTORS, INC. 570Q Blue Mountaitt Trait · En~a~ PA 1 ?025-1177 ,, (717) 732-8560 · Fax (717) 732-8561 ~n 0::' O~ Ol.:40p p-3 D.mmllbe= 2~. 200Z ~2 EAST PENNSBORO AREA SCHOOL DISTRICT BADGE These badges were issued for the security of. the children attending the District's school's. a~ ~ ~l~&~'~:~~ You have not returned the badge assigned :o you. ***If the aforementionedbadge is returned to me, I will refund the retainage attributed to this item. You must, however, make arrangements to deliver it to me personally (to the 5700 Blue - Mountain Trail address) or send it certified/registered mail to my personal attention. Delivering it to any other address without my prior consent is UNACCEPTABLE and will not be acknowledged. Delivering it via any other person without my prior consent is UNACCEPTABLE and will not be acknowledged. You may not deliver it to any D&S project site, as these projects are private properties of the Owners, and they have been made aware that you are no longer a D&S CONTRACTORS employee. Entering any of these project sites or any D&S CONTRACTORS trailer will be considered trespassing by any Owner and/orby D&S CO.~ATRACTORS, INC. D&S CONTRACTORS tools ~ssigz~az~d~ivedb~you): Electric drill (depreciated value) Battery drill (depreciated value) SDS drill (depreciated value) ***If any of the aforementioned tools are returned ~o me in good condition, I will gladly refund all or part of the retainage. You must, however, make arrangements ~o deliver them to ~e personally (to the 5700 Blue Mountain Trail address) or send them certified/registered mail to my personal attention. Delivering them to any other $ 50. O0 $100.00 SlO0.O0 $Z75.00 $375.00 2001 A~age 3 address without my prior consent is UNACCEPTABLE and will not be acknowledged. Delivering =hem via any other person without my prior consent is UNACCEPTABLE and will not be acknowledged. You may not deliver them to any D~S project site, as these projects are private properties of the Owners, and they have been made awsre that you are nb longer a D&S CONTRACTORS e~ployee. Entering any of these project sites or any D&S CONTRACTORS trailer will be considered trespassing by any Owner and/or by D&S CONTRACTORS, INC. Your final paycheck has been issued as follows: $757. ?0 TOTaL~iET~;~fT.~TOJC~r~H~ (D~SCC~"a~ACTCH~, Z~K~. c~e~k ~13032) Regarding your health 'insurance options, I detailed your choices during my telephone message to you on Monday, December 17 (7:00 a.m.). You hav~ not indicated your selsction, so Z will outline them for you one more time. As of the pay period for December 1, your premiums were paid for coverage up until midnighC of December 31, 2001. Your deductions of $105.90 each on December 8 and December 15 were applied toward January's premiums. BLUE CROSS/BLUE SHrELD only allows changes to be effective as of the first of each month. You may elect to continue your coverage through our firm for a period of up to I year from January 1, 2002. r am entitled to charge you the BLUE CROSS/BLUE SHIELD premium (currently $423.60 per month) plus a 2% administrative fee to which BLUE CROSS/BLUE SHIELD entitles me ($8.47), making your monthly premiums $432.07. Ail premiums must be ~ade to D&S CONTRACTORS by the first day of every monCh, unless prior Mritten consent is given by me, or your policywill be cancelled. Only for this one month (January 2002), will I permit a grace period until January 7, 2002. If a partial premium of $211.80 plus $4.24 De~..~be~ 26, 200Z ($216.04) is not received by close of business on th~C dace, your insurance coverage will be cancelled effective midnight December 31, 2001, and $211.80 for the p~rtial payments in December will be refunded to you on January 8, 2002. Zfp~ymenC of $216.04 is received by January 7, 2002, your insurance will remain in effect u~Cil midnight of January 31, 2002. If you wis~ to continue coverage throughou~ February, payment must be received by February I, and so on until you revest cancellation, your premium is cancelled for non-payment, or un=il December 31, 2002. Any questions or inquiries relevant ~o this matter are Co ~e directed to my personal attention. Signed, D&$ CONTRACTORS, INC. CHR£STINE-L. DUDAI~OW~C~ Vice President EXHIBIT B CHAR.LES W. ~OHNSTON JAMES A. DIAMOND* LAW OFFICES JOHNSTON ~ DIAMOND A PROFESSIONAL CORPORATION SUITE 100 150 CORPORATE CENTER DRIVE P. O. BOX 98 CAMP HILL, PENNSYLVANIA 17001-0098 TELEPHONE (717) TELECOPIER (717) 975-5.511 January 14, 2002 Christine L. Dudanowicz, Vice President D & S Contractors 5700 Blue Mountain Trail Enola, PA 17025-1177 Re: Joseph Storm RR#1, Box 385 Beaver Spring, PA 17812 Dear Ms. Dudanowicz: I represent Joseph Storm, who, until December 14, 2001, was employed by D & S Con- tractor& I am writing you concerning your letter dated December 26, 2001, to Mr. Storm. Thc purpose of your letter was to send to Mr. Storm his final paycheck and to itemize various "da~ ductions" that you made against his paycheck after taxes. The "deductions" totaled $543.14, and were taken for apprenticeship books ($118.14), security badge ($50.00), and urtreturned tools ($375.00). Based on thc actions that you have taken in deducting these amounts from Mr. Storm's paycheck, it is obvious that you am unfamiliar with the provisions of the Pennsylvania Wage Payment and Collection Law (hereinafter the "Law") and its Regulations. Section 3 of tho Law provides, in relevant part: §260.3. Regular Payday "(a) Wages other than fringe benefits and wage supplements. Every employer shall pay all wages, other than fringe benefits and wage supplements, due to his employes on regular paydays designated in ad- vance by the employer .... (Section 5 of the Law deals with the payroll dates for employes who are separated from thc payroll before paydays.) The wages shall be paid in lawful moncy of the United States or check, Cluistins L. Dudanowicz January 14, 2002 Pag~ 2 except that deductions provided by law, or as authorized by regulation of the Department of Labor and Industry for the convenience of thc employo, may be made including deductions of contributions to cmploy~ benefit plans which are subject to thc Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §1001, etseq." As you will see in reviewing the above-quoted language, under the Law an employer is only au- thorized to make deductions against wages due an employee for three masons:/.e., (1) deduc- tiom provided by law; (2) deductions authorized by regulation of the Department of Labor and Industry, and (3) deductions and contributions t~ employee benefit plans. The deductions that you have taken against Mr. Storm's final paycheck do not fall within any of the permitted cate- gori~s of deductions. The Regulaffons issued by the Depamnent of Labor and Industry relating to tho Law do provide for 13 forms of authorized dedu~ions. I have enclosed for your benefit a copy of tho~ Regulations. As you will see in reviewing the Regulations, the deductions you have taken agein~t Mr. Storm's final paycheck are not authorized by the Regulations. I believe it should bo ve~] clear to you that the action you have taken as outlined in your letter of December 26, 2001, a~ contrary to the Law and its Regulations. I would therefore pect that, having been made aware of your unintended violation of the Law and its Regulations, you will promptly forward to Mr. Storm a check in the amount of $543.14. You should be aware that the Law provides for certain civil remedies that are generally not 0then~ise available under other laws. These remedies include the award of attorneys' fees and the award of liquidated damages in an amount equal to 25% of the total wages due or $500.00, whichever is greater. If the money is paid to Mr. Storm within five days of the date of this letter, we will not pursue the recove~ of the liquidated damages and the attorneys' fees. In the event that the monies due to Mr. Storm are not paid within five days of the date of fltis letter, an action will be filed seeking recovery of the wages due plus the liquidated damages and attor- neys' fees. Very truly yours, cw /j f Enclosure cc: Joseph Storm CHARLES W. JOHNSTON EXHIBIT D CHARLES W. JOHNSTON JAMES A. DIAMOND* LAW OFFICES JOHNSTON &: DIAMOND A PROFESSIONAL CORPORATION SUITE 100 150 CORPORATE CENTER DRIVE P. O. BOX 98 CAMP HILL, PENNSYLVANIA 17001-0098 February 25, 2002 TELEPHONE (717) 975-5500 TELECOPIER (717) 975-5511 VIA CERTII~IED MAlL Christine L Dudanowicz, Vice President D & S Contractors 5700 Blue Mountain Trail Enola, PA 17025-1177 Re: Joseph Storm RR#1, Box 385 Beaver Spring, PA 17812 Dear Ms. l~danowicz: As you are aware, I represent your former employee, Joseph Storm. By my letter dated January 14, 2002 (a copy of which I have enclosed for your convenience), I had demanded that you promptly comply with the provisions of the Pennsylvania Wage Payment and Collection Law and its accompanying Regulations. As of this date you have failed to comply with the Law and its Regulations and pay my client the wages due him. As a result of your inaction, we will be promptly filing a Complaint in the Court of Common Pleas of Cumberland County, seeking all the wages due to IVh-. Storm, along with liquidated damages and attorneys' fees. While I do not believe that the payment of Mr. Storm's wages were in any way lawfully conditioned upon the return of the items that you noted in your letter of Deeembea' 26, 2001, I have had my client review his records to determine whether he in fact possessed any of the items that you detailed in your letter. In reviewing his records, he has found the following books: · Illustrated Dictionary for Electrical Workers, by John Traister · Interpreting the National Electrical Code, 5tn Ed., by Truman Surbrook and Jonathan R. Althouse Christine L. Dudanowicz February 25, 2O02 Page 2 · Stallcup's Generator, Transformer, Motor and Compressor Book · Independent Electrical Contractors, Inc. 2001/2002 Apprenticeship Curriculum - Student Manual - Second Year · Delmar's Standard Textbook of Electricity, 2~ Edition, by Stephen L. Herman While you did not request the return of the Delmar's Sta~_dard Textbook of Electricity, 2~ Edi- tion, by Stephen L. Herman, we ate returning that book to you as well. I am also enclosing herewith the East Pennaboro Area School District security badge. With respect to thc tools that you detailed in Paragraph 3 of your letter, my client does not have possession of those tools, nor did he maintain any e~xclusive possession of the tools dur- ing the latter term of his employment. If you have any documentation that would in any way in- dicate that these tools were exclusively assigned to my client and in fact received by my client, I would appreciate receiving a copy of that documentation and would of course review it with my client. Very truly yours, Enclosures CHARLES W. JOHNSTON cc: Joseph Storm VERIFICATION I, $osv_~ C. STOP, M, hereby verify that the statements contained in the foregoing Complaint are m~e and corr~t to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: ~0 EXHIBIT B SHERIFF'S RETURN - REGULAR -CASE.NO: 2002-02442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STORM JOSEPH C VS D&S CONTRACTORS INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon D & S CONTRACTORS INC the DEFEND~NT , at 1435:00 HOURS, on the 22nd day of May at 5700 BLUE MOUNTAIN TRAIL , 2002 ENOLA, PA 17025-1177 by handing to CHRISTINE DUDANOWICZ VICE PRESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 So Answers: R. Thomas Kline 05/23/2002 JONNSTON & DIAMOND Sworn and Subscribed to before By:--//~/ // j me this day of /'~D~uty'~S~e~f A.D. Prothonotary SHERIFF'S RETURN - 'CAS~ NO: 2002-02442 P COMMONWEALTH OF PENNSYLV~kNIA: COUNTY OF CUMBERLAND STORM JOSEPH C VS D&S CONTRACTORS INC ET AL REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon DUDANOWICZ NORMAN the law, DEFENDAIqT , at 1435:00 HOURS, at 5700 BLUE MOUNTAIN TP~AIL ENOLA, PA 17025-1177 on the 22nd day of May , 2002 by handing to CHRISTINE DUDDJqOWICZ a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of Prothonotary So Answers: R. Thomas Kline 05/23/2002 JOH/qSTON & DIAMOND - REGULAR SHERIFF'S RETURN CASE NO: 2002-02442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STORM JOSEPH C VS D&S CONTRACTORS INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DUDANOWICZ CHRISTINE L the DEFENDANT , at 1435:00 HOURS, at 5700 BLUE MOUNTAIN TRAIL ENOLA, PA 17025-1177 on the 22nd day of May by handin9 to , 2002 CHRISTINE DUDANOWICZ a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to .the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 05/23/2002 JOHNSTON & DIAMOND By: Attorneys for Plaintiff;. CHARLES W. JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 JOSEPH C. STORM, Plaintiff ¥. D&S CONTRACTORS, ]NC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON P~-RAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002-02442 : : CIVIL ACTION - LAW NOTICE To: D&S Contractors, Inc., Defendant 5700 Blue Mountain Trail Enola, PA 17025-1177 Date: June 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAn .RD TO ENTER A WRITrEN APPEAR- ANCE PERSONAII.Y OR BY ATrORNEY AND FII.R IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDG- MEIXlT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T~ .FPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET T.RGAL ~.P. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 A~tomevs for Plaintiff: CHARI.E8 W. JOHNSTON~ ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Sox 98, Camp Hill, PA 17001-0098 Phone: (717) 975-5500 IOSEPH C. STORM, Plaintiff %'. D&S CONTRACTORS, ]NC. NORMAN DUDANOWICZ and CHRISTINE L. DUDANOWICZ, Defendants IN THE COURT OF COIVilVlON CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-02442 CIVIL ACTION - LAW NOTICE To: Norman Dudanowicz, Defendant 5700 Blue Mountain Trail Enola, PA 17025-1177 Date: June 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAn.FY) TO ENTER A WRITTEN APPEAR- ANCE PERSON,~! J .Y OR BY ATTORNEY AND Fa.F. IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CI_AIiVIS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN ( I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDG- ~ MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IY YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR Tl~ .g. PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 AFILES W. JOHNSTON, ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 ~5-5500 JOSEPH C. STORM, Plaintiff V. D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CI-IR/STINE L. DUDANOWICZ, Defendants : IN THE COURT OF COMMON PLRAS : CUMBERLAND COUNTY, PENNSYLVAN/A : : No. 2002-02442 : : CIVIL ACTION - LAW : NOTICE To: Christine L. Dudanowicz, Defendant 5700 Blue Mountain Trail Enola, PA 17025-1177 Date: June 13, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAI~.~) TO ENTER A WRITTEN APPEAR- ANCE PERSONAI.I.y OR BY ATTORNEY AND FII.R IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE ~S SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDG- MENT MA Y BE ENTER g.~ AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR O~ IMPORTANT R/GIlTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR Tl~ .h-~PHONE THE OFFICE SET FORTH BELOW TO Flh]) OUT WHERE YOU CAN GET LEGAL I-l~l'.p. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 PROTHONOTARY IS ASKING SHOULD THE AMOUNTS BE RECORDED INDIVIDUALLY OR DO YOU WANT ONE FIGURE TO BE RECORDED? PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Joseph C. Storm vs D&S Contractors, Inc., Normnn Dudanowicz and Christine L. Dudanowicz IN THE COURT OF COMMON PLEAS OF CUMBERLAND ,COUNTY, PENNSYLVANIA No. 02442 Term 20. 02 J.D. No. Term 20 E.D. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE UA'FI'ER, (1) Directed to the Sheriff Cumberland County, Pennsylvania; (2) against D&S Contractors. Inc.. Norman Dudanow~c~ and Christine L. Dudanowicz 5700 Blue Mountain Trail, Enola, PA 17025 Defendant(s); (3) and against PNC Bank, 4242 Carlisle Pike~ Camp Hill, PA 17011 Garnishee(s); (4) and index this writ (a) against DSS Contractors, Inc.~ Norman Dudanowicz and Christine L. Dudanow~cz 5700 Blue Mountain Trail, Enola, PA 17025 Defendant(s) and (b) against PNC Bank. 4242 Carlisle Pike. Camp H~ll. PA 17011 .Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property) Ail accounts, debts or amounts due, owing and payable to Defendants. (5) Amount due $ 1,905.64 Interest from Total 1,905 · 6t,--~u~s. [, / ~orney f0~laintiff (s) ~ Charle~W. Johnston NOTE Under paragraph (1) when the writ is directed to the sheriff of another county ms authorized by Rule 3103 (b), the cou n~should be indicated. Under Rule 3103 (c) a writ issued on a transferred Judgment may be directed only to the sheriff of the coun~ in which issued. Paragraph (3) abov~ should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if Indexing of the execution in the coun~ of issuance is desired as authorized by Rule 3104 (a). When the writ issues to another county indexing is required as of course in that county by the prothonotary, See Rule 3104 (b). Paragraph (4) (b) should be completed only if real prope~y in the name of a garnishee is attached and indexing as a lis pendens Is desired, See Rule 3104 (c). 00~ 0 Li.i ~ LlZ>- O"'ffi i._ LLI .~ IzNZ SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee JOSEPH C. STORM VS. D & S CONTRACTORS, INC. NORMAN DUDANOWICZ AND CHRISTINE L. DUDANOWICZ and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE · COURT OF COMMON PLEAS · COUNTY OF CUMBERLAND · N0.2002-02442 TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. Date: ] '~Att6mey for C~'shee WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2442 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOSEPH C. STORM, Plaintiff (s) From D& S CONTRACTORS, INC., NORMAN DUDANOWICZ AND CHRISTINE L. DUDANOWICZ, 5700 BLUE MOUNTAIN TRAIL, ENOLA, PA 17025 (1) You are directed to levy upon the properW &the defendant (s)and to sell . (2) You are also directed to attach the property of the defandant(s) not levied upon in the possession of PNC BANK, 4242 CARLISLE PIKE, CAMP HILL, PA 17011 - ALL ACCOUNTS, DEBTS OR AMOUNTS DUE, OWING AND PAYABLE TO DEFENDANTS GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1905.64 Interest Atty's Con'an % Atty Paid $142.16 Plaintiff Paid Date: JULY 24, 2002 (Sea0 CURTIS R. LONG Prothonotary Deputy L.L. $.5O Due Prothy $1.00 Other Costs REQUESTING PARTY: Name CHARLES W. JOHNSTON, ESQUIRE Address: JOHNSTON & DIAMOND, P.C. SUITE 100 ONE CORPORATE CENTER DRIVE P O BOX 98 CAMP HILL, PA 17001-0098 Attorney for: PLAINTIFF Telephone: 71%975-5500 Supreme Court ID No. 15621 SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 JOSEPH C. STORM VS. D & S CON'II~CTORS, INC. NORMAN DUDANOWlCZ AND CHRISTINE L. DUDANOWlCZ and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE Attorney for Garnishee COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 2002-02442 lill J, f}l~ CO~qT~q OF GARNLqFIF~E: PNC~ RANK: NATIONAl, A~q~OC. IATICIN Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached and will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503: Gamishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Anawers to Interrogatories: Order to Discontinue or Safis~: Other: ~ 160 00 $ 0 00 0 00 $ 0 O0 ~ 0 00 Costs are hereby taxed in the amount of $ this day of ,2002. PROTHONOTARY BY: SHERIFF'S RETURN - CASE NO: 2002-02442 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GARNISHEE STORM JOSEPH C VS D&S CONTP~ACTORS INC ET AL And now GEP~ALD WORTHINGTON Cumberland County of Pennsylvania, to law, at 1020:00 Hours, on the 31st day of July as herein commanded all goods, chattels, moneys of the within named DEFENDANT D & S CONTRACTORS hands, possession, PNC BANK ,Sheriff or Deputy Sheriff of who being duly sworn according , 2002, attached rights, debts, credits, and INC or control of the within named Garnishee , in the 4242 CARLISLE PIKE CA~4P HILL, PA 17011 Cumberland County, Pennsylvania, by handing to MARY WENGER, TELLER SUPERVISOR personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo Sworn and subscribed to before me this ~ ~ day of ~ ~OO~L A.D. PrOthonotary ' Deputy S~/~rif f SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-02442 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND STORM JOSEPH C VS D&S CONTP~ACTORS INC ET AL And now GEP~ALD WORTHINGTON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1020:00 Hours, on the 31st day of July , 2002, attached as herein commanded all goods, chattels, rights, moneys of the within named DEFENDANT , DUDA_NOWICZ NORMAN debts, credits, and in the hands, possession, or control of the within named Garnishee PNC BANK 4242 CARLISLE PIKE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to MARY WENGER, TELLER SUPERVISOR personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 So answers: R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo Sworn and subscribed to before me this y~ day of ~J-~ ~3~- A.D. j Pr/offhono~ry Deputy S~riff SHERIFF'S RETURN CASE NO: 2002-02442 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERIJLND - GARNISHEE STORM JOSEPH C VS D&S CONTR3~CTORS INC ET AL And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1020:00 Hours, on the 31st day of July , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDAiqT DUDANOWICZ CHRISTINE L , in the hands, possession, or control of the within named Garnishee PNC BANK 4242 CARLISLE PIKE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to MARY WENGER, TELLER SUPERVISOR personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this ~'~ day ~L~ A.D. Prot/no~otarY Deputy S~iff R..Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing $ 18.00 Poundage 38.11 Advertising Law Library .50 Prothonotary 1.00 Mileage 6.90 Misc. Surcharge 40.00 Levy 20.00 Post Pone Sale Garnishee 9.00 - 133.51 Sworn and Subscribed to before me 2002A.D.~c0~ Prothonotary Advance Costs: 150.00 Sheriff's Costs: 133.51 16.49 Refunded to Atty on 8/6/02 So Ansv~ers~ , R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2442 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOSEPH C. STORM, Plaintiff (s) From D& S CONTRACTORS, INC., NORMAN DUDANOWlCZ AND CHRISTINE L. DUDANOWlCZ, 5700 BLUE MOUNTAIN TRAIL, ENOLA, PA 17025 ( 1 ) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are alsodirected t° attach the pr°per~ty °f the defendant(s) n°t levied up°n in the p°ssessi°n of PNC BANK, 4242 CARLISLE PIKE, CAMP HILL, PA 17011 - ALL ACCOUNTS, DEBTS OR AMOUNTS DUE, OWING AND PAYABLE TO DEFENDANTS GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; · (3) If property of the defendant(s)n°t levied up°n an subject t° attachment is f°und in the p°ssessl°n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1905.64 Interest Atty's Comm % Atty Paid $142.16 Plaintiff Paid Date: JULY 24, 2002 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS IL LONG Prothono ~tajy Deputy REQUESTING PARTY: Name CHARLES W. JOHNSTON, ESQUIRE Address: JOHNSTON & DIAMOND, P.C. SUITE 100 ONE CORPORATE CENTER DRIVE P O BOX 98 CAMP HILL, PA 17001-0098 Attorney for: pLAINTIFF Telephone: 717-975-5500 Supreme Court ID No. 15621 _Attornevs for Plaintiff: CHARLES W. JOHNSTON~ ESQUIRE Pa. I.D. No. 15621 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive P. O. Box 98, Camp Hill, PA 17001-0098 ~ 975-5500 JOSEPH C. STORM, Plaintiff D&S CONTRACTORS, INC. NORMAN DUDANOWICZ and CHRIST/NE L. DUDANOWICZ, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-02442 CIVIL ACTION - LAW TO THE PROTHONOTARY: PRAECIPE Please mark the Judgment against Defendants D&S Contractors, Inc., Norman Dudanowicz and Christine L. Dudanowicz in the above-captioned matter as satisfied, and release the Writ of Execution issued against Garnishee PNC Bank. Respectfully submitted, JOHNSTON & DIAMOND Suite 100, 150 Corporate Center Dr. Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 By: Pa. Reg. No.' 1~2 lS~N Attorneys for Plaintiffs Dated: August 2, 2002