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HomeMy WebLinkAbout01-5987RANDY JACK RITCHEY Plaintiff KMART CORPORATION Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take this 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 or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TI=.LEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted ti*ne vieme (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escdta us defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMENDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2o01 Civil Action - (X) Law ( ) Equity RANDY JACK RITCHEY 505 Grant Drive Camp Hill, PA 17011 V. KMART CORPORATION 3100 West Big Beaver Troy, Michigan 48084-3163 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( X ) Attorney ( THE LAW OFFICES OF RICHARD C. GAFFNEY 2120 Market Street, Suite 101 Camp Hill, Pennsylvania 17011 (717) 975-9033 ) Sheriff Dated: October 17, 2001 Supreme Court ID No. 633~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~/~, ~ 7 zoo1 Civil Action - (X) Law ( ) Equity RANDY JACK RITCHEY 505 Grant Drive Camp Hill, PA 17011 KMART CORPORATION 3100 West Big Beaver Troy, Michigan 48084-3163 TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTI~IED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Proth~lotary 'Q_ J- ¢ ' Deputy ) Check here if reverse is issued for additional information. RANDY JACK RITCHEY, Plaintiff Vo KMART CORPORATION, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5987 CIVIL TERM - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, Pennsylvania (717) 249-3166 RANDY JACK RITCHEY, Plaintiff KMART CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5987 CIVIL TERM - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Randy Jack RItchey, Plaintiff herein ("Ritchey"), by and through his attorneys, The Law Offices of Richard C. Gaffney and RIchard C. Gaffney, Esquire, who files the within complaint against Defendant, Kmart Corporation ("Kmart"), the following of which is a statement: 1. Ritchey is an adult individual residing at 505 Grant Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Kmart is a corporation with corporate offices at 3100 West Big Beaver, Troy, Michigan 48084-3163. 3. Kmart does business in the Commonwealth of Pennsylvania at various locations, including its retail store located in Mechanicsburg, Cumberland County, Pennsylvania. 4. Kmart employed Ritchey at its Mechunicsburg store from May 31, 2001 until on or about September 27, 2001. 5. This Honorable Court may properly exercise jurisdiction over the persons of Ritchey and Kmart. 6. This Honorable Cour~ may properly exercise jurisdiction over the subject matter of this case. 7. Venue in this case is properly laid in Cumberland County. COUNT I: BREACH OF CONTRACT 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. The averments of paragraphs 1 through 7 are incorporated by reference as though fully set forth herein. In February 1981, Kmart hired Ritchey as an employee at a Kmart store in LaVale, Maryland. Ritchey was continuously employed by Kmart for more than twenty (20) years. On or about May 22, 2001, Kmart contacted Ritchey to solicit him to relocate to the Mechanicsburg, Pennsylvania store. As consideration for relocating, Kmart offered Ritchey, among other things: a. Job duties of and a position title as a Manager Trainee; b. A base salary of $48,000.00 annually; c. Training for and grooming as a Store Manager; and d. Reimbursement for moving expenses and other incidental expenses in connection with the relocation. Ritchey accepted Kmart's offer and relocated to Mechanicsburg.. But for the consideration offered by Kmart, Ritchey would not have relocated to Mechanicsburg. Because of Ritchey's acceptance of Kmart's offer and relocation to Mechanicsburg, Ritchey's spouse left her secure employment in Maryland and was without employment for three (3) months. Because of Ritchey's acceptance of Kmart's offer and relocation to Mechanicsburg, Ritchey sold his family home in West Virginia. Ritchey fully performed all of his duties as a Kmart employee. Ritchey's performance was, at all times, at least satisfactory. On or about September 27, 2001, Kmart abruptly demoted Ritchey to a Department Manager position and stripped Ritchie of his Manager Trainee title. On or about September 27, 2001, Kmart abruptly changed Ritchey's compensation plan from a salaried position to an hourly position and reduced his 20. 21. 22. 23. 24. 25. 26. 27. compensation from an annual salary of $48,000.00 to an hourly rate of $13.00 per hour. Kmart did not train or groom Ritehey to be a Store Manager. Kmart assigned duties to Ritchey that would normally be performed by unskilled hourly laborers. On September 27, 2001, Kmart involuntarily terminated Ritchey's employment. Kmart did not fully reimburse Ritchey for the expenses he incurred in relocating to Pennsylvania. a. Ritehey incurred incidental expenses in connection with relocating. b. Ritchey sent copies of the bills documenting theses incidental expenses to c. Kmart refused and failed to reimburse Ritchey for his incidental expenses. By uprooting his family from West Virginia, selling his home and relocating to Pennsylvania, Ritchey suffered a hardship. By relinquishing his secure employment in Maryland, Ritchey incurred a detriment. The hardships suffered and the detriments incurred by Ritchey provide consideration sufficient to defeat the "at-will" employment presumption and to constitute an implied-in-fact contract. Kmart breached the contract by: a. Demoting Ritchey from his job duties as a Manager Trainee; b. Stripping Ritchey of his title as a Manager Trainee; c. Changing the method of compensating Ritchey from a salaried to an hourly method; d. Reducing Ritchey's compensation from $48,000.00 per year to $13.00 per hour; e. Falling and refusing to train or groom Ritchey for a Store Manager position; 28. 29. f. Terminating Ritchey's employment; and g. Failing to fully compensate Ritchey for the expenses he incurred in relocating. As a direct and proximate result of Kmart's breach of contract, Ritchey has been suffered severe and grievous economic and other injury. Wherefore, Ritchey demands judgment be entered in his favor and damages be awarded to him in an amount in excess of the jurisdictional limit for mandatory arbitration. COUNT II: DETRIMENTAL RELIANCE 30. The averments of paragraphs 1 through 29 are incorporated by reference as though fully set forth herein. 31. Kmart's representations regarding the promotion, title, pay increase, salaried position, costs reimbursement and training to be a store manager were material to Ritchey's acceptance of the relocation offer. 32. Ritchey's reliance on Kmart's representations was justifiable and reasonable. 33. Kmart's representations were false. a. Kmart assigned menial duties to Ritchey and not duties of a Manager Trainee. b. Kmart stripped Ritchey of his titled of manager trainee. c. Kmart changed the method of Ritchey's compensation from a salaried position to an hourly position. 34. 35. d. Kmart reduced Ritchey's pay fi.om $48,000.00 annual salary to $13.00 per hour. e. Kmart failed or refused to train or groom Ritchey for a store manager position. f. Kmart involuntarily terminated Ritchey's employment. g. Kanart failed or refused to fully reimburse Ritchey for the expenses he incmred in relocating to Mechanicsburg. As a direct and proximate result of Kmart's misrepresentations, Ritchey has suffered detriments and has been damaged thereby. Wherefore, Ritchey demands judgment be entered in his favor and damages be awarded to him in an amount in excess of the jurisdictional limit for mandatory arbitration. COUNT III: NEGLIGENT REPRESENTATION 36. The averments of paragraphs 1 through 35 are incorporated by reference as though fully set forth herein. 37. Kmart had a duty to Ritchey to truthfully represent the terms and conditions of its offer of employment as a manager trainee. 38. As more fully set forth above, Kmart negligently misrepresented Ritchey's job responsibilities and other terms and conditions of employment. 39. As more fully set forth above, Kmart breached its duty to Ritchey. 40. As a direct and proximate result of Kmart's breach of duty and negligent misrepresentation, Ritchey has been grievously damaged. 41. Wherefore, Ritchey demands judgment be entered in his favor and damages be awarded to him in an amount in excess of the jurisdictional limit for mandatory arbitration. COUNT IV: FRAUDULENT MISREPRESENTATION 42. The averments of paragraphs 1 through 41 are incorporated by reference as though fully set forth herein. 43. Kmart knew or should have known that its representations to Ritchey were false and misleading. 44. Kmart made the representations to Ritchey with the intent to induce Ritchey to accept Kmart's offer and relocate to Mechanicsburg. 45. As more fully set forth above, Kmart's representations were false and misleading. 46. Kmart's representations were knowingly false and misleading. 47. Ritehey relied on Kmart's representations when he relocated to Mechanicsburg. 48. As a direct and proximate result of Kmart's misrepresentations, Ritchey has been grievously damaged WHEREFORE, Plaintiff, Randy J. Ritchey, demands judgment against Defendant, Kmart Corporation, in an amount in excess of the jurisdictional limits for compulsory arbitration, together with costs, pre-judgment interest and such other and further relief as the Court deems just and appropriate. Respectfully submitted, L^w OFF1CES OF RICHARD C. GAFFNEY R~chard ~. PA Supreme Court ID No. 6T3't~ 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 Attorneys for Plaintiff, Randy J. Ritchey RANDY JACK RITCHEY, Plaintiff V. KMART CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5987 CIVIL TERM - LAW JURY TRIAL DEMANDED VERIFICATION I verify that I have read the foregoing Complaint and that the statements of fact contained therein are true and correct, and I understand that I make this statement subject to the penalties contained in 18 Pa.C.S. § 4904. RANDY JACK RITCHEY, Plaintiff KMART CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5987 CIVIL TERM - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE Richard C. Gaffney, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above-captioned action; that the defendant's agent, CT Corporation System, of 1515 Market Street Suite 1210, Philadelphia, PA 19102, was served a tree and correct copy of the Complaint, duly endorsed with a Notice to Defend, via certified mail, on February 4, 2002, as evidenced by the signed certified mail form attached hereto; and that the facts set forth in the within Affidavit are tree and correct to the best of his information andbelie£ Richard'C. G~B~sqtfire Attorney for Plaintiff Sworn to and subscribed before me this 4'm- day of F~ 2002. Notary Public My commission expires: If YES, enter d®live~/address below:, [] NO [] Registered [] Retum Receipt for Merchandise - I'1 Insured Mail [] C.O.D, 4. Partnered Oellve,t,/? (Ext~ F~e) OYes 2. Article Numbe~ (Copy from serwce/ab~) PS Fo~ 3811, July lg~ ~c R~m R~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Randy Jack Ritchey Vo Plaintiff No. 01-5987 Kmart Corporation, Defendant. NOTICE OF BANKRUPTCY FILING AND AUTOMATIC STAY Richard J. Antonelli Pa. I.D. No. 221211 Rebecca J. Dick-Hurwitz Pa. I.D. No. 62943 Attorneys for Defendant Littler Mendelson, P.C. Dominion Tower 625 Liberty Avenue, 26th Floor Pittsburgh, PA 15222 (412) 201 - 7621 / 7623 FAX (412) 456-2377 Richard C. Gaffney, Esquire Pa. I.D. No. 63313 Attorneys for Plaintiff Law Offices of Richard C. Gaffney 2120 Market Street, Suite 101 Camp Hill, Pa 17011 (717) 975-9033 NOTICE OF BANKRUPTCY FII,ING AND AUTOMATIC STAY Please take notice that Tuesday, January 22, 2002, Defendant Kmart Corporation filed for bankruptcy protection in the United States Bankruptcy court for the Northem District of Illinois, the Honorable Susan Pierson Sonderby presiding. The matter was assigned Case No. 02-02474. February 8, 2002 Respectfully submitted, LITTLER MENDELSON, P.C. Richard J. Antonelli ~ Pa. I.D. No. 221211 Rebecca J. Dick-Hurwitz Pa. I.D. No. 62943 Attorneys for Defendant LITTLER MENDELSON, P.C. Dominion Tower 625 Liberty Avenue, 26th Floor Pittsburgh, PA 15222 (412) 201 - 7621 / 7623 CERTIFICATE OF SERVICE I certify that on this date, I served a true and correct copy of the foregoing Notice of Bankruptcy Filing and Automatic Stay upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Richard C. Gaffney Law Offices of Richard C. Gaff~ey 2120 Market Street, Suite 101 Camp Hill, PA 17011 Date: February 8, 2002 Rebecca J. Dick-Hurwit~ - t~f