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HomeMy WebLinkAbout09-7222Louis J. Michelsen, Esquire Supreme Court I.D. No. 90582 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 Attorney for: PLAINTIFF PAMELA GRISSINGER-MCREDMOND,: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. : No.: 0q - 7aa2 01viCEA-M REALTY MANAGEMENT INC., Defendant, JURY TRIAL DEMANDED 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 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 32 South Bedford Street Carlisle, PA 17013 (717) 232-7536 "ISO USTED HA SIDO DEMANDADO EN LA CORTE. si usted desea defenderse de las quejas expuestas en las paginas siguientes debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cuaiquier dinero reclamado en la demanda o por cuaiquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 232-7536 2 Louis J. Michelsen, Esquire Supreme Court I.D. No. 90582 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 Attorney for: PLAINTIFF PAMELA GRISSINGER-MCREDMOND, VS. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 09- 722d- &..14 -rz.. ? REALTY MANAGEMENT INC., Defendant, JURY TRIAL DEMANDED CIVIL ACTION - LAW COMPLAINT Plaintiff, Pamela Grissinger-McRedmond, by and through her attorneys, IRA H. WEINSTOCK, P.C., hereby files this Complaint against Defendant, and in support thereof, states as follows: 1. Plaintiff, Pamela Grissinger-McRedmond, is an individual residing at 1605 Revere Drive , Mechanicsburg, Pennsylvania 17050. 2. The Defendant, Realty Management Inc., is a corporation duly organized and existing under the laws of Pennsylvania, which maintains a principle place of business in Cumberland County at 5006 East Trindle Road, Suite 203, Mechanicsburg, Pa 17050. 3. This Honorable Court has jurisdiction over this matter pursuant to 42 Pa.C.S.A. § 931, and under 42 P.S. §§ 7532, 7538. 4. Venue is proper in this Honorable Court pursuant to Pa.R.C.P. 1006 and 2179 as Defendant maintains a principle place of business address in Cumberland County, regularly conducts business in Cumberland County, and the events giving rise to this cause of action took place in Cumberland County. 5. An Employment Contract was entered into by Plaintiff and Defendant which provided that Plaintiff would be paid a salary of $52,000 per year as well as "Other Compensation" of "10%-15% of Employer's developer's fees, etc (minimum of $10,000 per year)". Plaintiff signed the Contract on May 31, 2001; Defendant's representative Thomas Flynn signed the Contract on May 24, 2001. See Exhibit A. 6. Defendant has failed to pay Plaintiff all the "Other Compensation" when due consistent with the Employment Contract. Such amounts were wages due and owning to Plaintiff, which are still not paid. 7. Plaintiff's employment was terminated on April 29, 2008. 8. Plaintiff signed a separation agreement with Defendant that did not release her entitlement to wages already owed to her by Defendant. COUNT I VIOLATION OF WAGE PAYMENT AND COLLECTION LAW 9. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 8 of this Complaint. 10. The Pennsylvania Wage Payment and Collection Law, 43 P.S. §§ 260.1 et seq., permits an individual to bring a statutory action against an employer which fails to pay wages due and owing to that individual. 2 11. The Wage Payment and Collection Law provides that, in addition to other relief, a court shall award a prevailing Plaintiff all reasonable attorneys' fees incurred. 43 P.S. § 260.9a(f). 12. Under the Wage Payment and Collection Law, an aggrieved individual is entitled to 25 percent of the wages due or $500, whichever is greater, as a liquidated damages penalty where no good faith contest exists to account for the non-payment. 43 P. S. § 260.10. 13. The Wage Payment and Collection Law does not provide employers the right to offset wages that are due and owing to employees as there is no such exception to the employer's obligation to pay wages in the Law. 14. Defendants' refusal to pay Plaintiff her wages consistent with the employment contract for the years prior to her termination of employment constitutes a clear violation of the Wage Payment and Collection Law because these monies represent wages due and owing to Plaintiff for work she performed pursuant to her employment agreement with Defendant. Further, Defendant's decision to withhold wages clearly due demonstrated a lack of good faith as there is no right under Pennsylvania Law entitling an employer to withhold an employee's wages, and liquidated damages are therefore recoverable. 15. Plaintiff's damages under Count I do not exceed the amount requiring mandatory arbitration of Plaintiff's claims. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant, Realty Management Inc, and 3 (a) Award Plaintiff damages in the full amount of her wages for all wages which were not paid within the three (3) years preceding the filing of this Complaint; (b) Award Plaintiff liquidated damages in the amount of 25% or $500.00, whichever is greater. (c) Award Plaintiff the costs of this action; (d) Award Plaintiff pre- and post-judgment interest on all amounts awarded; (e) Award Plaintiff reasonable attorney's fees; and (f) Award Plaintiff such other relief as this Honorable Court deems just. COUNT 11 BREACH OF CONTRACT 16. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 15 of this Complaint. 17. Pursuant to the employment agreement, Defendant agreed to pay Plaintiff "10%-15% of Employer's developer's fees, etc (minimum of $10,000 per year)". Plaintiff fully and faithfully performed all employment duties pursuant to the contract until April 29, 2008. 18. Defendants have breached the employment agreement by withholding wages and monies earned and refusing to pay Plaintiff her corresponding wages as promised. Such a failure to abide by the terms of the employment agreement constitutes a material breach. 4 19. As a direct result of Defendant's material breach of the employment agreement, Plaintiff has been harmed in a number of ways, including having the Defendant withhold her wages and monies due which actually represents part of Plaintiff's regular pay under the terms of the Agreement. WHEREFORE, Plaintiff requests that the Court award her actual and compensatory damages (including costs and interest), order the immediate release of monies due and owing to Plaintiff under the terms of the employment agreement and grant any other relief that may be warranted under these circumstances. COUNT III DECLARATORY JUDGMENT 20. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 19 of this Complaint. 21. Plaintiff brings this claim pursuant to the Declaratory Judgments Act, 42 Pa. C.S.A. §§ 7531-41. 22. All parties who, to Plaintiff's knowledge, have an interest that would be affected by the declarations requested herein have been notified of the instant action. 23. As previously described above, Defendant has refused to pay the Plaintiff wages which were due and owed pursuant to the employment contract. 24. An' actual controversy exists as to whether the Plaintiff has been unlawfully denied wages owed as described above. 5 25. Absent a declaration from this Court, the rights, status, and other legal relations of the Plaintiff and the Defendant are uncertain and insecure. 26. Only the entry of a declaratory judgment will terminate the uncertainty and controversy that have given rise to this proceeding. 27. Plaintiff seeks a judicial determination that Defendant has unlawfully denied her wages which were due pursuant to the employment contract and that the separation agreement did not waiver her entitlement to such wages. 28. Such determinations are necessary and appropriate under the circumstances alleged. WHEREFORE, Plaintiff requests that the Court make the declarations and determinations as set forth above as well as such other relief as the Court deems just and appropriate, including costs incurred with bringing.this action, together with pre- and post- judgment interest. Respectfully Submitted, Louis J. Michelsen, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone (717) 238-1657A By: IS J. H LS N Attorney I.D. No.: 90582 6 COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF CUMBERLAND ) I verify that the statements made in the attached COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties set forth in 18 Pa. C. S. §4904 relating to unswom falsification to authorities. DATED: -09 iv,? Y? PAMELA GRISSINGER-MCREDMOND EMPLOYMENT AGREEMENT BETWEEN THOMAS J. FLYNN, EMPLOYER & PAMELA G. SMELTZER, EMPLOYEE Base Compensation: Gross Salary of $52,000 per year Other Compensation: 10%-15% of Employer's developer's fees, etc. (minimum of $10,000 per year) Vacation: Three (3) weeks paid vacation Five (5) days paid personal leave Benefits: Employer paid health insurance Employer paid disability insurance ?z -Immediate participation in Employer's 401(k) pension plan • Other Benefits: Use of a new vehicle at Employer's sole expense- Vehicle to be obtained by June 30, 2001, L. ?- r e Sign-on Bonus: $15,000 payable in three (3) monthly payments of $5,000 each. First payment due first day of employment; 2nd payment due 7'?'1F1'1 and final payment due 1 -7?IgJvi g?lglu Date: S _----"'` Thomas J. Flynn Pamela G. Smeltzer Date: f EXHIBIT "A" 0 $-78.50 Pb ATE at-* acids e aza339 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant titt, ?tsr?rit?r?t?r 0111 ALED-OWICE OF THt %' n?1?0h,!OTARy 2009OCT 28 Ate 9.40 Edward L Schorpp Solicitor Curs-- 1-1.1 ;? . Pamela Grissinger-McRedmond vs. Case Number Realty Management, Inc. 2009-7222 SHERIFF'S RETURN OF SERVICE 10/22/2009 05:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2009 at 1705 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Realty Management, Inc., by making known unto Jennifer Lengle, Administrative Assistant, at 5006 East Trindle Road, Suite 203, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 23, 2009 SO ANSWERS, .1 / ? -00*01 R THOMAS KLINE, SHERIFF Deputy Sheriff David (D. Bueff Prothonotary lqrkS. Sohonage, ESQ Soricitor &nee X Simpson IS` Deputy Prothonotary Irene E. Morrow Td Deputy Prothonotary Office of the Prothonotary Cumberfand County, (Pennsykania ?? •j2?/?, CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30T" DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY (717) 240-6195 • Fax (717) 240-6573