HERMITAGE, Pa. - P.R.E.P. Training and Fitness Systems on State Street in Hermitage is open for business despite Governor TomWolf's order to remain closed.

21 News went to the fitness facility, where about a dozen people were inside working out.

The owner, Joe Joseph, said he originally shut down his business in the interest of public health and to comply with the governor's orders.

However, as the bills continue to come in and income is at a standstill, he made the choice to re-open his gym.

"As time went by, the help that we were promised was never given to us. We have no idea when we are going to be getting our disaster relief funds. I didn't get any type of unemployment. Nothing that they said was going to be available for us was available for us," said Joseph.

As people went from weight machines to benches and the free weight area, Joseph said he's not concerned about the possibility of gym-goers spreading COVID-19.

"We put extra measures in place as far as how often and how frequently we are cleaning the gym," Joseph said. "We're taking extra steps. In a facility like this, people are on average more than six feet away from each other to begin with. Social distancing isn't usually a problem that we have to worry about in here. Again, it's adults in here making their own informed choices to live their life and do what they please."

On May first, the day P.R.E.P re-opened, Pennsylvania State Police issued Joseph a warning to comply with the governor's orders.

"Somebody had called and reported it, they stopped in and let me know that I needed to close my business again, and that was the end of that," he said.

However, on Friday at 3:20 in the afternoon, Hermitage Police Chief Eric Jewel and Mercer County District Attorney Peter Acker arrived at the fitness center and issued Joseph two citations for violation of administrative code and another for violation of the Disease Prevention and Control law.

He will be fined between $10 to $50 for violation of administrative code and $25 to $300 dollars for violation of the Disease Prevention and Control law.

If the fines aren't paid within 30 days, he will be faced with jail time.

The District Attorney said he will be following up to make sure the business is complying in the following days.

Joseph told 21 News earlier in the day on Friday that he plans to not listen and even stage a sit-in if they show up.

"I think that it is time at this point especially in the yellow phase, gyms, salons, barbershops, nail shops, we all need to get together and we all need to let everybody know that this isn't the way it needs to be," said the owner of the 24-hour facility. "We learned today that daycares are allowed to open in Pennsylvania and there is no logic behind risking kids lives and putting them at risk of being exposed to this virus and also telling adults that they are not allowed into a facility like this where they can improve their immune system and boost their immune system. They can keep themselves healthy not only physically, but mentally."

Earlier this week, Joseph received a shut-off notice from Penn Power, informing him that the electricity will be shut off if the bill wasn't paid.

"Unfortunately, I was shut down by the government and by the State Police and I don't have any other means of income to pay my bills. So I was left with no choice. I face a citation or I lose a business I have worked my who life for," he said. 

District Attorney Acker said citations will occur every day the business does not comply with Governor Wolf's orders.

Despite the repercussions, Joseph said he plans to stay open.

"I really believe that this is the right thing to do. Not just for my own personal business but for every business around here. Every business in the state of Pennsylvania that is suffering right now. The shutdown has been subjective. They are picking and choosing what businesses are allowed to be open and there's absolutely no fairness to it whatsoever," said Joseph. 

Mercer County is now in the "Yellow Phase" of reopening as of Friday.

The "Yellow Phase" still includes prohibiting large gatherings and indoor recreation, health and wellness facilities including gyms and spas must remain closed.

Legal expert, Attorney Matt Mangino, said in this case, Joseph has "no rights" as a business owner defying the state's order.

"No, he doesn't have any rights," said Mangino. "The governor has the authority pursuant to the Pennsylvania Disease Prevention Control law to issue a shutdown or stay at home order, to quarantine people who have been exposed to the virus, to isolate people who have the virus. This is clearly the law that has been enforced in this commonwealth in the past, and there are unfortunately no rights."

Joseph said he is prepared for the District Attorney and Hermitage Police to be back on Saturday.