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HomeMy WebLinkAbout10-5569A f UNILIFE MEDICAL SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. JEFF CLEVENGER, CIVIL ACTION - LAW Defendant 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 ( ) Attorney t-jl Sheriff McNEES WALLACE & NURICK LLC By Davin J. Cftast'k \ \ I.D. No. 91852 v 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5482 Attorneys for Plaintiff Dated: August 26, 2010 c W ? J Q O'• S ? }`9z.oc? cC 4V G?k? 8335' ? as?735r? t r ,r UNILIFE MEDICAL SOLUTIONS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFF CLEVENGER, Defendant TO: JEFF CLEVENGER 16 Meade Drive Carlisle, PA 17013 elwL' Q-Pul CIVIL ACTION -LAW WRIT OF SUMMONS YOU ARE HEREBY NOTIFIED that Unilife Medical Solutions, Inc., Plaintiff, has commenced an action against you. ;--? 'i? .,., z< Date: iolc;l me I David Buell, Prot onotary B C. CP (Deputy) Seal of the Court SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~~ rim Sheriff (~~ THE P~~~ a~':~TARY Jody S Smith ~~~,~1tp al' `irpiG~rl~~~ ,~, chief Deputy ~:, ':4 ~ .~ ~~ 1,°J~ 3 I P~1 { ~ 0 7 Richard W Stewart '`e{ 1~, ~r} Solicitor ~sfi~lc~~:--~~ES~~RIF~ ~~~'~'~~ ~~~~ PENNS`~LVANIA Unilife Medical Solutions, Inc. Case Number vs. Jeff Clevenger 2010-5569 SHERIFF'S RETURN OF SERVICE 08/27/2010 01:32 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2010 at 1332 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Jeff Clevenger, by making known unto Merideth Clevenger, Wife of defendant at 16 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 August 30, 2010 ...-~' DEN FRY, DEPU SO ANSWERS, ` G~• RON R ANDERSON, SHERIFF (c} CauntySuite Sheriff. Teleosott. Inc. y. r T UNILIFE MEDICAL SOLUTIONS, INC., Plaintiff V. JEFF CLEVENGER, Clevenger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACTION NO. 2010-5569 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 34 S. Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 McNEES, WALLACE & NURICK LLC Devin Chwastyk I.D. No. 91852 Tucker R. Hull I.D. No. 306426 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5482 Dated: September 15, 2010 Attorneys for Plaintiff Unilife Medical Solutions, Inc. UNILIFE MEDICAL SOLUTIONS, INC., Plaintiff JEFF CLEVENGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACTION NO. 2010-5569 COMPLAINT Plaintiff Unilife Medical Solutions, Inc., by and through its attorneys, McNees Wallace & Nurick LLC, hereby files this Complaint against Defendant Jeff Clevenger and avers the following: The Parties 1. Plaintiff Unilife Medical Solutions, Inc. ("Unilife"), is a Delaware corporation with its principal place of business at 633 Lowther Road, Lewisberry, PA 17339. 2. Defendant Jeff Clevenger ("Clevenger") is a Pennsylvania resident, domiciled at 16 Meade Drive, Carlisle, PA 17339. Factual Background 3. Clevenger was offered employment with Unilife on February 25, 2010 (the v. Clevenger "Employment Offer"). See Offer of Employment Letter from Cynthia M. Lighty to Jeff Clevenger, dated February 25, 2010 ("Employment Offer"), a true and correct copy of which is attached hereto as Exhibit A. 4. Clevenger, at that time, was living in Arizona and would be moving himself and his family to Pennsylvania to begin employment with Unilife. 5. The Employment Offer provided that Clevenger would be reimbursed up to $12,000 for reasonable relocation expenses, including temporary housing (not to exceed six months), two house-hunting trips, and moving and other out-of-pocket expenses. Id. 6. The $12,000 in reasonable relocation expenses was negotiated as a part of the offer of employment, which was accepted by Clevenger. 7. Clevenger's expenses were reimbursed by Unilife as they were incurred. 8. The Employment Offer contained the condition that if Clevenger ceased working for Unilife prior to completing two full years of service, except if separation was initiated by Unilife, that Clevenger would be required to repay any sums paid by Unilife for his recruitment and relocation. Id. 9. Clevenger signed the Employment Offer on March 22, 2010. Id. 10. Clevenger also began working at Unilife on March 22, 2010. 11. By May 18, 2010, Clevenger had exceeded his relocation budget of $12,000. 12. Prior to May 18, 2010, Clevenger had been warned by Unilife that he was spending too much money on high-cost, temporary housing and was not reserving enough of his $12,000 budget to make the physical move of his family to Pennsylvania. 13. After exceeding his initial budget, Clevenger personally appealed to Alan 2 Shortall, CEO of Unilife, to have his relocation budget increased to $30,000. 14. Clevenger reassured Mr. Shortall that if he were given this additional money to relocate his family that he would stay with Unilife for the required two years, as was required by the Employment Offer. 15. Mr. Shortall authorized an increase in Clevenger's relocation budget to $30,000. 16. As of August 12, 2010, Clevenger had accrued a total of $36,981.14 in relocation expenses, which had been reimbursed or directly paid by Unilife. 17. On August 22, 2010, Clevenger resigned from Unilife. 18. On August 24, 2010, Mr. Christopher Naftzger and Ms. Cynthia Lighty met with Clevenger to discuss Clevenger's relocation expenses. 19. Unilife presented Clevenger with a spreadsheet documenting the relocation expenses that he had accrued and for which he had been reimbursed. A true and correct copy of the spreadsheet documenting Clevenger's relocation expenses is attached hereto as Exhibit B. 20. Clevenger refused to confirm that the spreadsheet of relocation expenses was accurate and complete and refused to acknowledge that under the terms of his Employment Offer he was obligated to repay all sums paid by Unilife for recruitment and relocation. 21. Clevenger refused to supply Unilife with a forwarding address or the name of his new employer. 3 22. Upon information and belief, Clevenger plans to leave the Commonwealth of Pennsylvania to accept employment elsewhere. 23. Upon information and belief, Clevenger was seeking other employment at the same time Unilife was paying for his travel to and from Pennsylvania and his housing while in Pennsylvania. COUNTI BREACH OF CONTRACT 24. Plaintiff incorporates herein by reference paragraphs 1-23 of the Complaint. 25. Clevenger accepted employment with Unilife by signing the Employment Offer on March 22, 2010. 26. The Employment Offer provided that Clevenger would be reimbursed for up to $12,000 for expenses related to the relocation of himself and his family to Pennsylvania. 27. The Employment Offer also provided that Clevenger would be required to repay any sums paid by Unilife to Clevenger for Clevenger's recruitment and relocation if Clevenger left his employment with Unilife prior to the completion of two full years of service to Unilife. 28. Upon the request of Clevenger, Unilife agreed to increase the Employment Offer's limit to allow reimbursement of up to $30,000 for relocation expenses. 29. Unilife ultimately reimbursed Clevenger for $36,981.14 worth of relocation expenses pursuant to the Employment Offer. 30. Clevenger began his employment with Unilife on March 22, 2010. 4 31. Clevenger resigned from his employment with Unilife on August 22, 2010. 32. Clevenger did not complete two full years of employment at Unilife before leaving. 33. Clevenger's separation from Unilife was not initiated by Unilife. 34. Because Clevenger failed to complete two full years of employment at Unilife, Clevenger is obligated to repay all recruiting and relocation expenses reimbursed to him by Unilife. 35. Therefore, Clevenger is obligated to repay Unilife the sum of $36,981.14, which represents all funds reimbursed to Clevenger for his relocation to Pennsylvania. 36. Clevenger has failed or refused to make repayment to Unilife. WHEREFORE, Plaintiff Unilife Medical Solutions, Inc, respectfully requests this Court grant judgment in its favor and against Jeff Clevenger for the sum of $36,981.14, plus interest and costs of suit. COUNT II FRAUDULENT INDUCEMENT 37. Plaintiff incorporates herein by reference paragraphs 1-23 of the Complaint. 38. Clevenger represented to Unilife that he was interested in employment at Unilife in Pennsylvania by submitting an employment application to Unilife. 39. By accepting employment and the terms of the Employment Offer, Clevenger further represented that he intended to remain employed by Unilife for a period of time no less than two years. 40. Although representing to Unilife his intent to stay with Unilife for a period 5 of time no less than two years, Clevenger made this representation falsely or with recklessness as to whether the representation was true or false. 41. Clevenger's false representation was made for the purpose of inducing Unilife to pay for his travel to and from Pennsylvania and for his housing while in Pennsylvania. 42. In reliance on Clevenger's representation that he intended to remain employed by Unilife for a period of no less than two years, Unilife reimbursed Clevenger for relocation expenses in the sum of $36,981.14. 43. Clevenger has refused to repay Unilife the $36,981.14 that he was reimbursed. 44. Unilife has been injured in the sum of $36,981.14 for the money it spent recruiting and relocating Clevenger and is entitled to repayment of that sum. 6 WHEREFORE, Plaintiff Unilife Medical Solutions, Inc, respectfully requests this Court grant judgment in its favor and against Jeff Clevenger for the sum of $36,981.14, plus interest and costs of suit. MCNEES WALLACE & NURICK LLC By f -?..? Cwt ?C Devin Chwastyk; I.D. No. 91852 Tucker R. Hull I.D. No. 306426 100 Pine Street P.O. Box 1166 Harrisburg, PA '17108-1166 (717) 237-5482 Dated: September 15, 2010 Attorneys for Plaintiff Unilife Medical Solutions, Inc. 7 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §. 4904, relating to unsworn falsification -to authorities, I hereby certify that I, Cynthia M. Lighty, am the Director, Compliance and Hurnan Resources of Unilife Medical Solutions, Inc. In that capacity, I am authorized to make this Verification on its behalf. I further certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Unilife Medical Solutions',, Inc. Cynthia M. `Lighty Director, Compliance and Human Resources Dated: September 14, 2010 ?L ?? l?? ? r i? r unILIr-z February 25, 2010 Jeff Clevenger 3118 E. Mineral Park Road Queen Creek, A7 85243 Re: Offer of Employment - Maintenance Supervisor Dear Jeff: On behalf of Unilife Medical Solutions, Inc., 1 am very pleased to offer' you employment as Maintenance Supervisor. This positipn is described in the attached Job Description. Your employment will begin on March, 201, You will report directly to Ralph Varrato. Your annual base salary as an exempt A6l ' twill be `fi75,000. ']'his offer of employment also includes the following benefits package: Health Benefits: PPO Plan Administered through Health AssUranceL, which includes Vision and Prescription Drug plans; Dental Plan: Administered through United Concordia. These plans are subject to change through the annual renewal process. Spouse and dependent coverage is available at employee expense. Life Insurance: Term life policy equivalent to 2X your lease annual salary administered through Met Life; Supplemental Life Insurance is available at employee expense. Short Term and Long Term Disability policies administered through Met Life. Unilife currently pays 100% of the premium for employees' health and dental benefits. You will be eligible for coverage the first of May, 2010. Please use COBRA to avoid loss of current coverage. • Retirement benefits are available through the Unilife Medical Solutions, Inc. Employee 401 K Plan. Participation is voluntary. You will be eligible to participate after completing your first 480 hours of service and during the next open enrollment ( I" clay of each calendar quarter), Holidays: We currently provide 11 paid holidays according to an annual holiday schedule. • Personal Time Allowance -- You will receive two weeks of vacation and personal time, prorated and accrued on an annual basis. Additional information about the accrual and use of vacation and personal time can be found in the Employee Handbook, Unilife .Medical Solutimis, Inc 613 1 owther Road, Lo isherr}, PA 17339 T 1 1 717 9,8 9323, F 717 938 9364 I? infoGhunilite.cum l1' Subject to our Chief Financial Officer's prior approval, you will be reimbursed for reasonable relocation expenses, for a total of up to $12,000.00 in reimbursable relocation expenses, including the following: temporary housing (not to exceed six months), two house-hunting trips for you and your spouse, moving and other out of pocket expenses (other than home decorating expenses, differences in mortgage rates, differences in costs of comparable housing, etc.), closing costs and Cees, and up to 1.5 mortgage points. You will be reimbursed for any income taxes levied on reimbursed relocation expenses that are not paid directly by Unilife. If you leave prior to completing two full years of service, except for a separation initiated by Unilife, you will be required to repay any sums paid by Unilife for recruitment and relocation. By signing this agreement, you agree that these provisions are reasonable given the hardship your unexpected departure would cause to Unilife. Only the Chief Executive Officer may waive these requirements, which he may waive in his sole, written discretion. You will be required to read and sign the Employee Handbook, as well as a confidentiality agreement. Your employment is subject to work authorization in accordance with U.S. law and the completion of a background check. Please remember to bring the required identification documents to establish your ability to work in the USA on t'orn' first day of work. We cannot begin your employment without them. This is an exciting time to join Unilife. Our plans for rapid and sustained growth will yield opportunities fbr advancement for those who excel. 1 am pleased that you are interested in pursuing a career with Unilife, and 1 look forward to your continued development as a valued member of our team. If you have any questions, feel free to call. Please sign below and return this letter to me at 633 Lowther Road, L,ewisberry, PA 17339. You may also fax your acceptance to me at (717) 932-9110. Welcome aboard! Cynthia M.`Liglht) Director, Human Resources & Legal Services 1, Jeff Clevenger, accept this offer of employment with Uni life Medical Solutions, Inc. My first clay of work will be on March,8"2"I0L0_" Date:1 ,.r 3p` { Signature' .. , V ??_, ? ?? !\?`/?/ Y ? l? ,i ~? ? I t... 1 Relocation Costs Allowance 30,000.00 Name: Jeff ClevengerCarryforward - Date Expense Paid to 18-Mar-10 hotel Homewood Suites York 107.91 29-Mar-10 hotel Homewood Suites York 1,079.10 9-Apr-10 hotel Homewood Suites York 1,079.10 22-Apr-10 hotel Homewood Suites York 1,144.80 3-May-10 hotel Homewood Suites York 1,080.00 9-May-10 lease pay out- early term Jeff Clevenger 2,073.50 14-May-10, rental car Enterprise 1,690.97 17-May-10 rent/1st month deposit apt. Jeff Clevenger 3,600.00 18-May-10 hotel Homewood Suites York 1,260.00 7-May-10 plane ticket AMEX - Southwest 485.40 2-Jun-10 hotel Homewood Suites York 1,440.00 28-May-10' rental car; Enterprise 1,030.20 12-Jun-10 hotel Homewood Suites York 900.00 6-Jul-10 auto/plane/train/parking/hotel/gas/misc Jeff Clevenger 1,903.76 15-Jun-10 plane ticket United Airlines 293.40 15-Jun-10 plane ticket expense Interactive No Touch 12.00 19-Jun-10 plane ticket Continental Airlines 448.90 19-Jun-10 plane ticket Continental Airlines 448.90 19-Jun-10 plane ticket Continental Airlines 448.90 19-Jun-10 plane ticket Continental Airlines 448.90 20-Jun-10 plane ticket Continental Airlines 449.90 21-Jun-10 plane ticket expense Interactive No Touch 60.00 28-Jul-10. movers, North american Van Lines 12,287.67 23-Jun-10 various expenses Jeff Clevenger 1,692.73 13-Aug-10 hotel Homewood Suites Mechanicsburg 1,515.10 Total 2010 36,981.14 =Grand otal =36,981.14 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the following by first class U.S. mail: Jeff Clevenger 16 Meade Drive Carlisle, PA 17339 Tucker R. Hull Dated: September 15, 2010 UNILIFE MEDICAL SOLUTIONS, INC., Plaintiff V. JEFF CLEVENGER, Defendant LU '1 i ' 10 2 j {fir i.a.t ?+U.1. ...i t k ? ?4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACTION NO. 2010-5569 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST JEFF CLEVENGER TO THE PROTHONOTARY: Pursuant to Pa.R.Civ.P. No. 1037(b), kindly enter default judgment in this matter against Defendant, Jeff Clevenger, in the amount of $36,981.14, together with interest and the cost of this suit, for failure to file an Answer to Plaintiffs Complaint in the above- captioned case within twenty (20) days from the date of service of said Complaint and within ten (10) days of notice of Plaintiffs intent to enter default judgment. I hereby certify that on October 22, 2010, Plaintiff, in accordance with Pa.R.C.P. No. 237. 1, mailed to Defendant a written Notice of Intent to file this Praecipe for Entry of Default Judgment. Attached hereto as Exhibit "A" is a true and correct copy of the Notice of Intent. McNEES WALLACE & NURICK LLC By 2 !2 1 L?f Devin Chwastyk I.D. No. 91852 Tucker R. Hull I.D. No. 306426 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5482 Dated: November 8, 2010 Attorneys for Plaintiff Unilife Medical Solutions, Inc. T ??? ?? ?? McNees Wallace & Nurick LLc 100 Pine Street • PO Box 1166 « Harrisburg, PA 17108-1166 Tel: 717.232,8000 • Fax: 717.237.5300 October 22, 2010 Mr. Jeff Clevenger 16 Meade Drive Carlisle, PA 17339 Re: Unilife Medical Solutions, Inc. v. Jeff Clevenger Cumberland County No. 2010-5569 Dear Mr. Clevenger: Devin J. Chwastyk Direct Dial: 717.237.5482 Direct Fax: 717.260.1673 dchwastyk@mwn.com VIA FIRST CLASS MAIL Enclosed and served is a Notice of Praecipe to Enter Default Judgment regarding the above-captioned matter. Sincerely, McNEES WALLACE By De . Chw< DJC:bik Enclosure RICK LLC www.mwn.com UNILIFE MEDICAL SOLUTIONS, INC., Plaintiff JEFF CLEVENGER, v. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : ACTION NO. 2010-5569 NOTICE -OF PRAECIPE TO ENTER DEFAULT JUDGMENT TO: Jeff Clevenger, Defendant 16 Meade Drive Carlisle, PA 17339 DATE OF NOTICE: October 22, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE 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 JUDGMENT 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17103 Telephone: (717) 249-3166 , By Devin Chwastyk I.D. No. 91852 Tucker R. Hull I.D. No. 306426 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5482 Dated: October 22, 2010 Attomeys for Plaintiff Unilife Medical Solutions, Inc. 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the following by first class U.S. mail: Jeff Clevenger 16 Meade Drive Carlisle, PA 17339 l ? jz?- ? DE HWASTYK Dated: October 22, 2010 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the following by first class U.S. mail: Jeff Clevenger 16 Meade Drive Carlisle, PA 17339 ?-? IZff Tucker R. Hull Dated: November 8, 2010 UNILIFE MEDICAL SOLUTIONS, INC., Plaintiff V. JEFF CLEVENGER, Defendant TO: Jeff Clevenger 16 Meade Drive Carlisle, PA 17339 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACTION NO. 2010-5569 NOTICE OF JUDGMENT You are hereby notified that on , 2010, a default judgment was entered against you and in favor of the Plaintiff, Unilife Medical Solutions, Inc., in the above-captioned matter. Judgment is entered in favor of Plaintiff, Unilife Medical Solutions, Inc., and against Defendant, Jeff Clevenger, in the amount of $36,981.14. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of service thereof, and after 10-day Notice of intent to file this Praecipe was sent. Date PR A I hereby certify that the names and addresses of the proper person(s) to receive this notice under Pa.R.C.P. No. 236 are: Jeff Clevenger 16 Meade Drive Carlisle, PA 17339 Tucker R. Hull, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 McNEES WALLACE & NURICK LLC By x- l l Devin Chwastyk I.D. No. 91852 Tucker R. Hull I.D. No. 306426 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5482 Dated: November 8, 2010 Attorneys for Plaintiff Unilife Medical Solutions, Inc.