Failure To Insure Prosecutions
Violations of Section 305 of the Workers' Compensation Act
Section 305 of the Pennsylvania Workers’ Compensation Act specifies that an employer’s failure to insure its workers’ compensation liability is a criminal offense and classifies each day’s violation as a separate offense, either a third-degree misdemeanor or, if intentional, a third-degree felony.
First-time offenders may be eligible to enter into an accelerated rehabilitative disposition (ARD) program. Defendants who enter into an ARD program waive their right to a speedy trial and statute of limitations challenges during the period of enrollment; they further agree to abide by the terms imposed by the presiding judge. Upon completion of the program, defendants may petition for the charges to be dismissed. Although acceptance into the program does not constitute a conviction, it may be statutorily construed as a conviction for purposes of computing sentences on subsequent convictions.
The Bureau Compliance Unit reports the following successful prosecutions for violation of Section 305.
2011
Allegheny County
James R. Blystone and Joyce A. Blystone, owners of Blystone Tree Service, in Pittsburgh, were sentenced on Feb. 15, 2011, by Judge Kathleen A. Purkin in Allegheny County Court of Common Pleas. James and Joyce Blystone each pleaded guilty to 18 misdemeanor counts of the third degree, were each sentenced to 18 years' probation and were ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $282,786.84 as well as the costs of prosecution. The bureau's Compliance Unit reports that Blystone Tree Service is operating as a partnership with zero employees.
Christopher Michael Biknius, owner of Done Right Roofing, in Pittsburgh, pleaded guilty to 22 misdemeanor counts of the third degree on May 18, 2011, in Allegheny County Court of Common Pleas for failing to insure the workers' compensation liability of his business. Judge Kathleen A. Durkin placed Biknius on probation for a period of seven years, ordered him to pay the costs of prosecution and to make restitution to an injured employee in the amount of $124,365.93. The bureau's Compliance Unit reports that Biknius, doing business as Done Right Roofing, is no longer in business.
Armstrong County
Judge Kenneth G. Valasek entered Thomas Lentz and Jennifer Lentz, owners of Lentz Construction, in Sagamore, into the ARD program for first-time offenders on March 3, 2011, in Armstrong County Court of Common Pleas. Thomas and Jennifer Lentz were placed on probation for a period of two years, ordered to pay the costs of prosecution, perform 20 hours of community service and pay restitution to an injured employee in the amount of $40,597.21. The bureau's Compliance Unit reports that Lentz Construction is no longer in business.
Blair County
Robert B. Yoder, owner of R.B. Yoder Transportation, in Martinsburg, pleaded guilty to one felony count of the third degree on May 5, 2011, in Blair County Court of Common Pleas for failing to insure his workers' compensation liability. Judge Jolene Grubb Kopriva sentenced Yoder to serve six months' probation, pay costs of prosecution and a fine of $500. The bureau's Compliance Unit reports that R.B. Yoder Transportation is now in compliance with Pennsylvania workers' compensation law.
Bucks County
Joseph David Locke Jr., Pamela A. Locke and A+Family Movers Inc., in Philadelphia, were sentenced July 11, 2011, by Judge Robert J. Mellon in Bucks County Court of Common Pleas for failing to insure the workers' compensation liability of their business. Joseph David Locke Jr. pleaded guilty to three misdemeanor counts of the third degree, was sentenced to two years' probation and ordered to pay all court costs. Pamela A. Locke was entered into the ARD program for first-time offenders, was sentenced to two years' probation and ordered to pay all court costs. The corporation, A+Family Movers Inc., pleaded guilty to one felony count of the third degree and was fined $13,374. The commonwealth requested restitution for the Uninsured Employers Guaranty Fund in the amount of $34,978.49. The defendants submitted a check to the clerk of courts in the amount of $30,000 following the guilty plea/ARD hearings. The remaining restitution of $4,978.49 will be paid back by Joseph Locke over the course of his probation. The bureau's Compliance Unit reports that A+Family Movers Inc. is no longer in business.
Bryan Taddei, owner of Taddei Masonry, in Trevose, was sentenced on Jan. 5, 2011, by Judge Jeffrey L. Finley in Bucks County Court of Common Pleas. Taddei pleaded guilty to 18 misdemeanor counts of the third degree, was sentenced to 10 years' probation, was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $109,940 and ordered to pay the costs of prosecution. The bureau's Compliance Unit reports that Taddei Masonry is operating as a sole proprietor with zero employees.
Chester County
Michael E. Lautensack, owner of MVL Realty Holdings LLC, in Berwyn, was sentenced on Jan. 14, 2011, by Judge David F. Bortner in Chester County Court of Common Pleas. Lautensack pleaded guilty to five misdemeanor counts of the third degree, was sentenced to five years' probation and was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $187,185.64 as well as the costs of prosecution. The bureau's Compliance Unit reports that MVL Realty Holdings LLC is no longer in business.
Columbia County
Antoinette T. Kester, owner of Front Street Motors, in Berwick, was sentenced on March 17, 2011, by Judge Thomas Arthur James Jr. in Columbia County Court of Common Pleas. Kester pleaded guilty to six misdemeanor counts of the third degree, was sentenced to six years' probation, was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $83,463.39, pay the costs of prosecution and was fined $1,200. The bureau's Compliance Unit reports that Front Street Motors is no longer in business.
Judge Thomas Arthur James Jr. entered Roger S. Davis, owner of Roger Davis Trucking Inc., in Bloomsburg, into the ARD program for first-time offenders on March 9, 2011, in Columbia County Court of Common Pleas. Davis was placed on probation for a period of six years, was ordered to pay the costs of prosecution, restitution to the Uninsured Employer Guaranty Fund in the amount of $34,189.10 and restitution to the Bureau of Workers' Compensation in the amount of $159. The bureau's Compliance Unit reports that Roger Davis Trucking Inc. is no longer in business.
Delaware County
John P. Fitzpatrick, owner of Scissorwiz, in Aston, was sentenced Aug. 22, 2011, by Judge Ann Osborne in Delaware County Court of Common Pleas. Fitzpatrick pleaded guilty to four misdemeanor counts of the third degree and was placed on probation for four years. He was ordered to pay the costs of prosecution and restitution to the Uninsured Employers Guaranty Fund in the amount of $16,766.48. The bureau's Compliance Unit reports that Scissorwiz is no longer in business.
Gupreet Singh, owner of First Option Direct Mortgage, in Upper Darby, was sentenced on March 14, 2011, by Judge James P. Bradley in Delaware County Court of Common Pleas. Singh pleaded guilty to five misdemeanor counts of the third degree and was sentenced to five years' probation, was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $149,031.12 and was ordered to pay the costs of prosecution. The bureau's Compliance Unit reports that First Option Direct Mortgage is no longer in business.
Judge Barry C. Dozer entered Ali Gourgulugil, owner of Femi's Pizza Inc., in Collingdale, into the ARD program for first-time offenders on April 25, 2011, in Delaware County Court of Common Pleas. Gourgulugil was placed on probation for a period of 12 months, was ordered to pay the costs of prosecution, perform 16 hours of community service and was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $10,012.67. The bureau's Compliance Unit reports that Femi's Pizza Inc. is now in compliance with Pennsylvania workers' compensation law.
Andrew E. Cohen, owner of Performance Logistics LLC, in Folcroft, was sentenced on June 6, 2011, by Judge Michael F.X. Coll in Delaware County Court of Common Pleas. Cohen pleaded guilty to five misdemeanor counts of the third degree and was sentenced to five years' probation, ordered to pay the costs of prosecution, fined $1,000 and ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $310,833.16. The bureau's Compliance Unit reports that Performance Logistics LLC is now in compliance with Pennsylvania workers' compensation law.
On June 9, 2011, Judge Kevin F. Kelly, of the Delaware County Court of Common Pleas, placed George Economou, owner of Stacey's Pizza, in Philadelphia, into the ARD program for first-time offenders for a period of 24 months. Economou was ordered to pay the costs of prosecution and restitution to an injured employee in the amount of $30,000. On that date, defendant Stacey's Pizza pleaded guilty to one felony count, with court-ordered probation for three years and restitution to an injured worker totaling $30,000. The bureau's Compliance Unit reports that Stacey's Pizza is no longer in business.
Erie County
Douglas A. Pifer, owner of Douglas Pifer Trucking, in Erie, was sentenced Oct. 27, 2011, by Judge Daniel Brabender in Erie County Court of Common Pleas. Pifer pleaded guilty to five misdemeanor counts of the third degree and was placed on probation for five years. He was ordered to pay the costs of prosecution, a $500 fine and restitution to the United States Postal Service in the amount of $94,774.28. The bureau's Compliance Unit reports that Douglas Pifer Trucking is no longer in business.
Raul Rodriguez, owner of Rodriguez General Contractors, in Erie, was sentenced on April 7, 2011, by Judge Michael E. Dunlavey in Erie County Court of Common Pleas. Rodriguez pleaded guilty to one misdemeanor count of the third degree, was sentenced to one year probation, was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $74,892.22 and was ordered to pay the costs of prosecution. The bureau's Compliance Unit reports that Rodriguez General Contractors is now in compliance with Pennsylvania workers' compensation law.
Greene County
Glen Edward Miller, owner of M&M Construction Co., in Jefferson, pleaded guilty to two misdemeanor counts of the third degree on June 20, 2011, in Greene County Court of Common Pleas for failing to insure the workers' compensation liability of his business. Judge Farley Toothman placed Miller on probation for a period of two years, ordered him to pay the costs of prosecution, perform 180 hours of community service and ordered him to make restitution to the Uninsured Employer Guaranty Fund in the amount of $26,167.01. The bureau's Compliance Unit reports that Miller, doing business as M&M Construction Co., is no longer in business.
Lancaster County
Judge Dennis E. Reinaker entered Jerome L. Lutz, owner of Top of the Line Roofing, in Mount Joy, into the ARD program for first-time offenders Oct. 18, 2011, in Lancaster County Court of Common Pleas. Lutz was placed on probation for a period of four years and was ordered to perform 100 hours of community service. He was also ordered to pay the costs of prosecution as well as restitution to the Uninsured Employers Guaranty Fund in the amount of $177,208.57. The bureau's Compliance Unit reports that Top of the Line Roofing is now in compliance with Pennsylvania workers' compensation law.
Lawrence County
James M. McKnight, doing business as James M. McKnight Trucking, in New Castle, was sentenced Sept. 8, 2011, by Judge J. Craig Cox in Lawrence County Court of Common Pleas for failing to insure the workers' compensation liability of his business. McKnight pleaded guilty to one felony count of the third degree and was sentenced to two years' probation. He was also ordered to pay a fine of $300 as well as court costs. The bureau's Compliance Unit reports that James M. McKnight Trucking is now in compliance with Pennsylvania workers' compensation law.
Luzerne County
Judge Hugh F. Mundy entered Tracey Lee McDermott, owner of McDermott & McDermott Real Estate Inc. in Dallas, into the ARD program for first-time offenders Nov. 16, 2011, in Luzerne County Court of Common Pleas. McDermott was placed on probation for a period of five years, was ordered to pay the costs of prosecution, perform 15 hours of community service, fined $200 and ordered to pay restitution to the Uninsured Employers Guaranty Fund in the amount of $15,169.62. The bureau's Compliance Unit reports that McDermott & McDermott Real Estate Inc. is no longer in business.
Judge Lewis W. Wetzel entered Rosa Schiano Dicola, owner of R&L Inc., doing business as Dicola's Pizzeria, in Hazle Township, into the ARD program for first-time offenders on May 24, 2011, in Luzerne County Court of Common Pleas. Dicola was placed on probation for a period of six months, was ordered to pay the costs of prosecution and was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $24,922.69. The bureau's Compliance Unit reports that R&L Inc., doing business as Dicola's Pizzeria, is now in compliance with Pennsylvania workers' compensation law.
Montgomery County
Judge William J. Furber Jr. entered James Scott Fesmire, owner of J.S. Fesmire Hauling, in Chalfont, into the ARD program for first-time offenders on May 17, 2011, in Montgomery County Court of Common Pleas. Fesmire was placed on probation for a period of twelve months and was ordered to pay the costs of prosecution. The bureau's Compliance Unit reports that J.S. Fesmire Hauling is now in compliance with Pennsylvania workers' compensation law.
Judge Steven T. O'Neill entered Mark Allyn Silfies, owner of Mark Allyn and Sons Paving Co. Inc., in Souderton, into the ARD program for first-time offenders on May 24, 2011, in Montgomery County Court of Common Pleas. Silfies was placed on probation for a period of twelve months and ordered to pay the costs of prosecution. The bureau's Compliance Unit reports that Mark Allyn and Sons Paving Co. Inc. is no longer in business.
Philadelphia County
Judge Teresa Carr Deni entered Wei J. Lin, owner of King Trading Inc., in Philadelphia, into the ARD program for first-time offenders on Jan. 21, 2011, in Philadelphia County Court of Common Pleas. Lin was placed on probation for a period of six months and was ordered to pay all court costs. The business, King Trading Inc., pleaded guilty to one misdemeanor count of the third degree on Jan. 21, 2011, for failing to insure its workers' compensation liability. Judge Teresa Carr Deni sentenced King Trading Inc. to pay the cost of prosecution and a fine of $2,500 and be placed on probation for a period of six months. The bureau's Compliance Unit reports that King Trading Inc. is now in compliance with Pennsylvania workers' compensation law.
CAS Home Health Care Inc., owned by Sean Williams, in Philadelphia, pleaded guilty to five misdemeanor counts of the third degree on Nov. 9, 2011, in Philadelphia County Court of Common Pleas for failing to insure its workers' compensation liability. Judge David C. Shuter placed CAS Home Health Care Inc. on probation for a period of five years, ordered it to pay all court costs and restitution to the Uninsured Employers Guaranty Fund in the amount of $71,397.43. The bureau's Compliance Unit reports that CAS Home Health Care Inc. is now in compliance with Pennsylvania workers' compensation law.
Snyder County
Melvin James Mowery, owner of Phoenix Enterprises LLC, in Port Trevorton, was sentenced Sept. 30, 2011, by Judge Michael H. Sholley in Snyder County Court of Common Pleas. Mowery pleaded guilty to 638 misdemeanor counts of the third degree. In addition, Phoenix Enterprises LLC pleaded guilty to 546 misdemeanor counts of the third degree. Both were placed on probation for three years, ordered to perform 100 hours of community service, fined $500, required to provide proof of coverage quarterly and ordered to make restitution to the Uninsured Employers Guaranty Fund in the amount of $47,524.15. The bureau's Compliance Unit reports that Phoenix Enterprises LLC is now in compliance with Pennsylvania workers' compensation law.
Venango County
Kevin Barthen, owner of Four Star Pizza, in Oil City, pleaded guilty to six misdemeanor counts of the third degree Oct. 31, 2011, in Venango County Court of Common Pleas for failing to insure his workers' compensation liability. Judge Oliver J. LoBaugh placed Barthen on probation for a period of six years, fined him $600, ordered him to pay all court costs as well as restitution to the Uninsured Employers Guaranty Fund in the amount of $35,782.85. The bureau's Compliance Unit reports that Four Star Pizza, no longer owned by Kevin Barthen, is now in compliance with Pennsylvania workers' compensation law.
Westmoreland County
Frank Dennis Letterine, owner of Denny's Trucking, in Murrysville, was sentenced Sept. 13, 2011, by Judge John E. Blahovec in Westmoreland County Court of Common Pleas. Letterine pleaded guilty to one felony count of the third degree, was sentenced to five years' probation and was ordered to pay restitution in the amount of $25,876.37 as well as the costs of prosecution. The bureau's Compliance Unit reports that Denny's Trucking is now in compliance with Pennsylvania workers' compensation law.
2010
Allegheny County
John Sadowsky, sole proprietor, in Monroeville, pleaded guilty to 10 misdemeanor counts of the third degree on July 12, 2010, in Allegheny County Court of Common Pleas for failing to insure the workers’ compensation liability of his business. Judge Edward J. Borkowski placed Sadowsky on probation for a period of 10 years, ordered him to pay the costs of prosecution and pay restitution to the Uninsured Employer Guaranty Fund in the amount of $89,531.21. The bureau’s Compliance Unit reports that John Sadowsky, sole proprietor, is no longer in business.
Carl W. Eles and Gilbert R. Eles, owners of Eles Brothers Inc., doing business as Eles Brothers Ready Mix, in Monroeville, each pleaded nolo contendere to 10 misdemeanor counts of the third degree on July 13, 2010, in the Allegheny County Court of Common Pleas for failing to insure the workers’ compensation liability of their business. Judge John A. Zottola placed both on probation for a period of 10 years, ordered them to pay the costs of prosecution and pay restitution to an injured employee in the amount of $85,283.68. The bureau’s Compliance Unit reports that Eles Brothers Inc., doing business as Eles Brothers Ready Mix, is no longer in business.
Berks County
Erich Anewalt, owner of D & A Lawn & Landscape Services LLC, in Bernville, was sentenced on Sept. 24, 2010, by Judge Linda K. M. Ludgate. After pleading guilty to three misdemeanor counts of the third degree, Anewalt was ordered to pay the costs of prosecution and was fined $6,500. The bureau's Compliance Unit reports that D & A Lawn & Landscape Services LLC is now in compliance with Pennsylvania workers' compensation law.
Judge Stephen B. Lieberman entered Stanley Nolt, owner of I-78 Truck Service LLC in Bethel, into the ARD program for first-time offenders on March 12, 2010, in the Berks County Court of Common Pleas. Nolt was placed on probation for a period of 12 months, ordered to pay the costs of prosecution and was ordered to pay restitution to an injured employee in the amount of $3,000. The bureau’s Compliance Unit reports that I-78 Truck Service LLC, now doing business as I-78 Truck Center LLC, is now in compliance with the Pennsylvania workers’ compensation law.
Bradford County
Judge Maureen T. Beirne entered Tony Belcher, owner of Belcher & Sons Inc in Wyalusing, into the ARD program for first-time offenders on May 17, 2010, in the Bradford County Court of Common Pleas. Belcher was placed on probation for a period of 90 days, ordered to pay the costs of prosecution and perform 40 hours of community service. The bureau’s compliance unit reports that Belcher & Sons Inc. is no longer in business.
Bucks County
Judge Rea B. Boylan entered John L. Poole, owner of JLP Enterprises I Inc., doing business as Skyline Restaurant & Bar, in Chalfont, into the ARD program for first-time offenders on Oct. 21, 2010, in Bucks County Court of Common Pleas. Poole was placed on probation for a period of one year and was ordered to pay the costs of prosecution as well as restitution to the Uninsured Employers Guaranty Fund in the amount of $8,283.70. The bureau's Compliance Unit reports that Skyline Restaurant & Bar is no longer in business.
Butler County
Judge Timothy F. McCune entered Thomas C. Pfeifer, owner of Country Garden Art Ltd. in Evans City, into the ARD program for first-time offenders on Feb. 3, 2010, in the Butler County Court of Common Pleas. Pfeifer was placed on probation for a period of eight years and ordered to pay the costs of prosecution. The bureau’s Compliance Unit reports that Country Garden Art Ltd. is no longer in business.
Carbon County
Judge Richard W. Webb entered Michael J. Troutman, owner of T&T Contracting, in Lehighton, into the ARD program for first-time offenders on Nov. 2, 2010, in Carbon County Court of Common Pleas. Troutman was placed on probation for a period of two years, ordered to pay the costs of prosecution, pay restitution to the Uninsured Employer Guaranty Fund in the amount of $14,604.11 and perform 15 hours of community service. The judge also ordered Troutman to reimburse the Bureau of Workers' Compensation $273 for costs expended to secure unemployment compensation documents. The bureau's Compliance Unit reports that T&T Contracting is now in compliance with Pennsylvania workers' compensation law.
Dauphin County
Charles R. Carlin, owner of Carlin Messenger Service LLC in Harrisburg, pleaded guilty to three misdemeanor counts of the third degree on April 12, 2010, in the Dauphin County Court of Common Pleas for failing to insure the workers’ compensation liability of his business. Judge Scott A. Evans placed Carlin on probation for a period of two years, ordered him to perform 50 hours of community service, pay a fine of $300, pay restitution to an injured employee in the amount of $137,144.73 and pay all court costs. In addition, Carlin Messenger Service LLC was fined $500. The bureau’s compliance unit reports that Carlin Messenger Service LLC is no longer in business.
Delaware County
Michael S. Ewing, owner of Westcliff Delivery Service Inc. in Sharon Hill, pleaded guilty to one felony count of the third degree on June 14, 2010, in Delaware County Court of Common Pleas for failing to insure the workers' compensation liability of his business. Judge Barry C. Dozer sentenced Ewing to five years of probation, ordered him to pay the costs of prosecution and make restitution of $72,091.74 to the Uninsured Employer Guaranty Fund. The bureau's Compliance Unit reports that Westcliff Delivery Service Inc. is no longer in business.
Fayette County
William R. McCandless, owner of McCandless Insurance & Real Estate Inc. in Connellsville, pleaded guilty to one felony count of the third degree on March 11, 2010, in the Fayette County Court of Common Pleas for failing to insure the workers’ compensation liability of his business. Judge Steve P. Leskinen sentenced McCandless to serve one year probation and ordered him to pay a fine of $3,000 and all court costs. The bureau’s Compliance Unit reports that McCandless Insurance & Real Estate Inc. is now in compliance with the Pennsylvania workers’ compensation law.
Franklin County
Judge Shawn D. Meyers entered Mark Adjetey and Kevin Carter, owners of Zullinger Meats Inc., in Waynesboro, into the ARD program for first-time offenders on Dec. 29, 2010, in Franklin County Court of Common Pleas. Adjetey and Carter were placed on probation for a period of 24 months, were ordered to pay $350 to the Law Library, $1,500 to an injured employee, restitution in the amount of $11,986.03 to the Uninsured Employer Guaranty Fund and the costs of prosecution. The bureau's Compliance Unit reports that Zullinger Meats Inc. is no longer in business.
Indiana County
Judge William J. Martin entered Terry Alan Watkins, owner of Home Hardware Inc. in Home, into the ARD program for first-time offenders on May 26, 2010, in Indiana County Court of Common Pleas. Watkins was placed on probation for a period of two years, was ordered to perform 20 hours of community service and was ordered to pay the costs of prosecution as well as restitution to an injured employee in the amount of $26,156.74. The bureau’s Compliance Unit reports that Home Hardware Inc. is no longer in business.
Lackawanna County
Ilona Woodyard, owner of Ilona’s Cleaning Service in Scranton, was sentenced on Feb. 16, 2010, by Judge Vito P. Geroulo. Woodyard pleaded guilty to one felony count of the third degree, was sentenced to three years’ probation and was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $29,538.87. The bureau’s Compliance Unit reports that Ilona’s Cleaning Service is no longer in business.
Lancaster County
Judge Jeffery D. Wright entered Andrea L. Koons, owner of Specialized Assisted Living Inc. in Ephrata, into the ARD program for first-time offenders on Feb. 24, 2010, in the Lancaster County Court of Common Pleas. Koons was placed on probation for a period of two years, ordered to pay the costs of prosecution and perform 50 hours of community service. The bureau’s Compliance Unit reports that Specialized Assisted Living Inc. is no longer in business.
Judge David L. Ashworth entered Michelle Patterson, owner of Patterson & Associates Inc. in Lancaster, into the ARD program for first-time offenders on April 7, 2010, in the Lancaster County Court of Common Pleas. Patterson was placed on probation for a period of two years, ordered to pay the costs of prosecution and perform 25 hours of community service. The bureau’s compliance unit reports that Patterson & Associates Inc. is no longer operating with employees.
Lehigh County
Judge Kelly L. Banach entered Vincenzo Tucciarone, owner of Blue Moon Equestrian Enterprises Ltd. in Coopersburg, into the ARD program for first-time offenders on May 24, 2010, in Lehigh County Court of Common Pleas. Tucciarone was placed on probation for a period of two years and was ordered to pay the costs of prosecution as well as restitution to the Uninsured Employer Guaranty Fund in the amount of $22,337. The bureau’s Compliance Unit reports that Blue Moon Equestrian Enterprises Ltd. is no longer operating with employees.
Luzerne County
Judge William H. Amesbury entered Brenda M. Troy, owner of Troy Bus Lines Inc. in Huntingdon Mills, into the ARD program for first-time offenders on March 31, 2010, in the Luzerne County Court of Common Pleas. Troy was placed on probation for a period of 12 months, ordered to pay the costs of prosecution, perform 15 hours of community service and was ordered to pay restitution to the Uninsured Employer Guaranty Fund in the amount of $20,287.53. The bureau’s Compliance Unit reports that Troy Bus Lines Inc. is no longer in business.
Alvin Roman, owner of No. 1 Contracting Corp. in Wilkes-Barre, pleaded guilty to six misdemeanor counts of the third degree on April 8, 2010, in the Luzerne County Court of Common Pleas for failing to insure the workers’ compensation liability of his business. Judge Tina Polanchek Gartley placed Roman on probation for a period of three years, ordered him to pay the costs of prosecution and pay restitution to two injured employees in the amount of $205,873.36. The bureau’s Compliance Unit reports that No. 1 Contracting Corp. is now leasing employees through a professional employer organization who has appropriate workers’ compensation coverage.
Lycoming County
Judge Nancy L. Butts entered Kimberly Zell and Carole Mahosky, owners of Happy Acres Restaurant in Avis, into the ARD program for first-time offenders on July 12, 2010, in Lycoming County Court of Common Pleas. Zell and Mahosky were placed on probation for a period of one year, ordered to pay the costs of prosecution, perform 50 hours of community service and pay restitution in the amount of $39,756.79 to an injured employee and $5,750 to the injured employee's attorney. The bureau's Compliance Unit reports that Happy Acres Restaurant is no longer in business.
Monroe County
Judge Jonathan Mark entered Donna L. Redington, owner of Maneline Hair Studio in East Stroudsburg, into the ARD program for first-time offenders on Aug. 16, 2010, in Monroe County Court of Common Pleas. Redington was placed on probation for a period of six months and was ordered to pay the costs of prosecution as well as restitution, in the amount of $1,177, to the Bureau of Workers' Compensation. The bureau's Compliance Unit reports that Maneline Hair Studio is no longer in business.
Schuylkill County
Judge William E. Baldwin entered Patrick C. Agresto, owner of Olde World Cheesecake Company Inc. in Frackville, into the ARD Program for first-time offenders on Nov. 19, 2009, in the Schuylkill County Court of Common Pleas. Agresto was placed on probation for a period of 12 months and ordered to pay the costs of prosecution. The bureau’s Compliance Unit reports that America’s Artisan Bakery LLC, trading as Olde World Cheesecake, is now in compliance with the Pennsylvania workers’ compensation law.
Washington County
Samuel N. Morgan, owner of Morgan Roofing Inc. in Washington, was sentenced on March 24, 2010, by Judge Paul Pozonsky. Morgan pleaded guilty to two misdemeanor counts of the third degree, was sentenced to 10 years’ probation and was ordered to pay restitution to the Uninsured Employers Guaranty Fund in the amount of $57,487.85. The bureau’s Compliance Unit reports that Morgan Roofing Inc. is no longer operating with employees.
2009
Allegheny County
Judge Robert C. Gallo entered Joseph W. Hendricks and Wendy S. Hendricks, owners of Warehouses by Design Inc. in Wexford, into the ARD program for first-time offenders on Dec. 4, 2009, in the Allegheny County Court of Common Pleas. Both Joseph and Wendy Hendricks were placed on probation for a period of 12 months, ordered to pay the costs of prosecution and were each ordered to pay restitution of $1,500. In addition, both were ordered to perform 100 hours of community service. The bureau’s Compliance Unit reports that Warehouses by Design Inc. is now in compliance with the Pennsylvania workers’ compensation law.
Ronald J. Friedel, owner of Ron Friedel Contracting in Pittsburgh, was sentenced on Dec. 9, 2009, by Judge Lester G. Nauhaus. Friedel pleaded guilty to eight misdemeanor counts of the third degree, was sentenced to eight years’ probation and was ordered to pay restitution to the Uninsured Employers Guaranty Fund in the amount of $50,428.59. The bureau’s Compliance Unit reports that Ron Friedel Contracting is no longer in business.
Judge Robert C. Gallo entered Brian T. Kincaid, doing business as Primo Pizza & Gyro Co., in Dravosburg, into the ARD program for first-time offenders on July 31, 2009, in the Allegheny County Court of Common Pleas. Kincaid was placed on probation for a period of 12 months and ordered to pay the costs of prosecution. The bureau's Compliance Unit reports that Brian T. Kincaid, doing business as Primo Pizza & Gyro Co., is no longer in business.
George Edward Demento, owner of Ed Demento Construction, in Natrona Heights, pled guilty to four misdemeanor counts of the third degree on March 17, 2009, in the Allegheny County Court of Common Pleas for failing to insure its workers’ compensation liability. Judge Jill E. Rangos placed Demento on probation for a period of four years. The Judge also ordered Demento to make restitution to an injured employee in the amount of $89,518 and reimburse the Bureau of Workers’ Compensation $81 for costs to secure unemployment compensation documents. The Bureau’s Compliance Unit reports that Ed Demento Construction is no longer in business.
Meri Speake, owner of Boston Plumbing, in McKeesport, pled guilty to 156 misdemeanor counts of the third degree on March 18, 2009, in the Allegheny County Court of Common Pleas for failing to insure its workers’ compensation liability. Judge Donald E. Machen sentenced Speake to pay the costs of prosecution and placed her on probation for a period of 10 years. The Judge also ordered Speake to make restitution to an injured employee in the amount of $20,216 and reimburse the Bureau of Workers’ Compensation $101 for costs to secure unemployment compensation documents. The Bureau’s Compliance Unit reports that Boston Plumbing is no longer in business.
Bucks County
Robert Neubert and Neubert's Electric, Inc. pled guilty to one count of Failure to Carry Workers' Compensation Insurance in Bucks County. After an employee was electrocuted while working and suffered burns on one of his arms, he incurred $2,584.57 in medical bills and lost wages of $4,078.12. On June 15, 2009, Neubert was sentenced to serve four days' to one year incarceration and ordered to pay restitution of $6,662.69, a fine of $1,000 and all court costs. Neubert's Electric, Inc. was ordered to pay all court costs.
Cumberland County
Port Dare, owner of Petz Unlimited, Inc. in Mechanicsburg, pled guilty to 15 misdemeanor counts of the third degree on June 11, 2009, in the Cumberland County Court of Common Pleas for failing to insure the workers' compensation liability of his business. Judge Edgar B. Bayley ordered Dare to pay the costs of prosecution and fined him $15,000. The bureau's Compliance Unit reports that Petz Unlimited, Inc. is no longer owned by Port Dare.
Delaware County
Judge Barry C. Dozer entered Luxury Limousine Service Inc., owned by Perry Camerlengo Jr., into the Accelerated Rehabilitative Disposition Program for first-time offenders on Feb. 2, 2009, in Delaware County Court of Common Pleas. Luxury Limousine was placed on probation for a period of 12 months, was ordered to pay the costs of prosecution and was fined $5,000. The Bureau’s Compliance Unit reports that Luxury Limousine Service Inc. is now in compliance with the Pennsylvania Workers’ Compensation Law.
Lackawanna County
Robert T. Benson, doing business as Robert T. Benson Painting & Restoration, in Scranton, pleaded guilty to one felony count of the third degree on Dec. 8, 2009, in the Lackawanna County Court of Common Pleas for failing to insure the workers’ compensation liability of his business. Judge Michael J. Barrasse sentenced Benson to six months of house arrest, five years in the Intermediate Punishment Program and ordered him to pay restitution of $166,201.38 to an injured employee, as well as the costs of prosecution. The bureau’s Compliance Unit reports that Robert T. Benson, doing business as Robert T. Benson Painting & Restoration, is no longer in business.
Luzerne County
Judge Hugh F. Mundy entered Tracey Lee McDermott, owner of McDermott & McDermott Real Estate Inc. in Dallas, into the ARD program for first-time offenders Nov. 16, 2011, in Luzerne County Court of Common Pleas. McDermott was placed on probation for a period of five years, was ordered to pay the costs of prosecution, perform 15 hours of community service, fined $200 and ordered to pay restitution to the Uninsured Employers Guaranty Fund in the amount of $15,169.62. The bureau's Compliance Unit reports that McDermott & McDermott Real Estate Inc. is no longer in business.
Judge Michael T. Toole entered James A. Cerreta, doing business as Jamie's Landscaping, in Mocanaqua, into the ARD program for first-time offenders on July 14, 2009, in the Luzerne County Court of Common Pleas. Cerreta was placed on probation for a period of six months, ordered to pay the costs of prosecution, perform 15 hours of community service and pay restitution to an injured employee in the amount of $1,533. The bureau's Compliance Unit reports that James A. Cerreta, doing business as Jamie's Landscaping, is no longer in business.
Mifflin County
Reynolds M. Woods Jr., owner of Jack’s Mountain Transport in McVeytown, was sentenced on Nov. 24, 2009, by Judge Rick Williams. Woods pleaded guilty to one misdemeanor count of the third degree, was sentenced to two years’ probation and was fined $27,503 plus court costs. The bureau’s Compliance Unit reports that Jack’s Mountain Transport is now in compliance with the Pennsylvania workers’ compensation law.
Monroe County
Judge Arthur L. Zulick entered Mary Catherine Reiman, owner of Pocono Restaurant Inc. in Mount Pocono, into the ARD program for first-time offenders on Nov. 30, 2009, in the Monroe County Court of Common Pleas. Reiman was placed on probation for a period of six months, was ordered to pay the costs of prosecution and ordered to make restitution of $4,845.82 to the Uninsured Employers Guaranty Fund. The bureau’s Compliance Unit reports that Pocono Restaurant Inc. is now in compliance with the Pennsylvania workers’ compensation law.
Northampton County
Corban Corp., owned by William R. Condosta, in Nazareth, pled guilty to one felony count of the third degree on May 15, 2009, in the Northampton County Court of Common Pleas for failing to insure his workers' compensation liability. Judge Stephen G. Baratta sentenced Corban Corp. to pay the cost of prosecution, a fine in the amount of $15,000 and restitution in the amount of $117,969 to an injured employee. The corporation was also placed on probation for a period of one month. The bureau's Compliance Unit reports that Corban Corp. is no longer in business.
Perry County
Judge Keith B. Quigley entered Greg A. Deimler Sr., owner of Perry County Metals Inc. in New Bloomfield, into the Accelerated Rehabilitative Disposition Program for first-time offenders on Jan. 15, 2009, in Perry County Court of Common Pleas. Deimler was placed on probation for a period of 12 months, was ordered to pay the costs of prosecution and was fined $7,500. The Bureau’s Compliance Unit reports that Perry County Metals Inc. is no longer in business.
Philadelphia County
Judge Francis Cosgrove entered Jang H. Hong, owner of Hong Distributors Inc., doing business as Mack Beverage in Philadelphia, into the ARD program for first-time offenders on Sept. 18, 2009, in the Philadelphia County Court of Common Pleas. Hong was placed on probation for a period of two years and was ordered to pay the costs of prosecution. The bureau’s Compliance Unit reports that Hong Distributors Inc., doing business as Mack Beverage, is no longer in business.
Judge Teresa Carr Deni entered William Reveron, owner of Three Brother's Delivery, Inc., in Philadelphia, into the ARD program for first-time offenders on Oct. 2, 2009, in the Philadelphia County Court of Common Pleas. Reveron was placed on probation for a period of 12 months and ordered to pay the costs of prosecution. The business, Three Brother's Delivery, Inc., pled guilty to four misdemeanor counts of the third degree, was sentenced to one year of probation and was fined $10,000 plus court costs. The bureau's Compliance Unit reports that Three Brother's Delivery, Inc. is no longer in business.
Snyder County
Judge Harold F. Woelfel Jr. entered both Kenneth E. Benner, owner, and Susquehanna Valley Amusements, Inc. in Middleburg into the ARD program for first-time offenders on March 10, 2009, in the Snyder County Court of Common Pleas. Both were placed on probation for a period of 24 months, ordered to pay the cost of prosecution and pay restitution to Pcomp, a private health insurer, in the amount of $25,559.67 and continuously maintain workers' compensation insurance coverage for all employees. Defendants may not seek expungement of their criminal record for a period of 10 years. The bureau's Compliance Unit reports that Susquehanna Valley Amusements, Inc./Benner's Amusements, Inc. is now in compliance with the Pennsylvania workers' compensation law.
Union County
Judge Louise O. Knight entered Mark D. Keister, owner of Mudhens Manufacturing, Inc. in Mifflinburg, into the ARD program for first-time offenders on March 18, 2009, in the Union County Court of Common Pleas. Keister was placed on probation for a period of 12 months, was ordered to pay the costs of prosecution and ordered to pay $6,416.20 in restitution to Union County. The bureau's Compliance Unit reports that Mudhens Manufacturing, Inc. is now in compliance with the Pennsylvania workers' compensation law.
Westmoreland County
Joseph Hewitt, owner of JAH Construction in Greensburg, pled guilty to one misdemeanor count of the third degree on Jan. 8, 2009, in the Westmoreland County Court of Common Pleas for failing to insure his workers' compensation liability. Judge Richard E. McCormick Jr. placed Hewitt on probation for a period of one year. The judge also ordered Hewitt to pay the cost of prosecution and make restitution to an injured employee in the amount of $9,968.34. The bureau's Compliance Unit reports that JAH Construction is no longer in business.
