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Home My WebLink About01-3189CARLISLE SYNTEC : IN THE COURT OF COMMON PLEAS OF INCORPORATED, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. : NO. 2001- ,.~[/~' CIVILTERM .' MICHAEL P. BARBER, : CIVIL ACTION-LAW Defendant : 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 at, er this complaint and notice are served, by entering a written appearance personally or by an 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 prnceed 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 17013 (717) 249-3166 CARLISLE SYNTEC : IN THE COURT OF COMMON PLEAS OF INCORPORATED, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : NO. 2001- 3/?'] CIVILTERM : MICHAEL P. BARBER, : CIVIL ACTION-LAW Defendant : _COMPLAINT NOW, comes Plaintiff, Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets forth the following: 1. Carlisle SynTec Incorporated, f/k/a Carlisle SynTec Systems, Division of Carlisle Corporation, is a Delaware corporation with a principal place of business located at 1285 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Michael P. Barber, ("Barber") is an adult individual with a residence address of 5330 Windsor Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 3. For the period Junel 7, 1996 to December 15, 2000, Michael P. Barber was an employee of Carlisle employed as a Senior Credit Analyst at Carlisle's principal place of business. 4. At all times relevant hereto, Carlisle offered an Educational Assistance Reimbursement Program ("Program") as a benefit to employees who met the requirements of the Educational Assistance Reimbursement program. 5. Barber requested reimbursement under the Program multiple times during his employment with Carlisle. Appended hereto as Exhibit "A" and incorporated by reference are requests filed by Barber for tuition reimbursement during the time period December 15, 1998 through December 15, 2000, inclusive. Specifically, these signed applications are dated August 19, 1999, November 5, 1999 and December 25, 1999. These requests were signed by Barber and contained the following statement: I understand that if I voluntarily terminate my employment with Carlisle SynTec Systems (CSS), I will be required to pay back all tuition assistance payments received within the two (2) year period preceding the date of voluntary termination. Money owed as a result of this policy will be deducted from my final check. If the amount owed is greater than my final check, then I will pay the difference no later than my last day of employment. I further understand that the tuition refund policy does not bind me to continue employment with CSS and does not bind CSS to continue my employment. 6. Barber voluntarily terminated his employment with Carlisle on December 15, 2000. 7. As of the time of his voluntary termination of employment with Carlisle, Barber owed Carlisle the sum of $3,540.00 for tuition reimbursements paid by Carlisle to Barber during the two (2) year period preceding his voluntary termination. 8. In an attempt to accommodate Barber, Carlisle agreed to forestall collection of the debt provided Barber agreed to make monthly payments of $295.00 to Carlisle until the balance was paid. Attached hereto as Exhibit "B" and incorporated is a true and correct copy of correspondence from Carlisle to Barber regarding this attempted accommodation. 9. Barber has neither paid to Carlisle any amount of the sum owed nor has he accepted the terms of Exhibit "B" which offer is, hereby, withdrawn. 10. Despite demand therefore, Barber has, without justification, failed and refused to pay the debt due and owing. COUNT I BREACH OF CONTRACT CARLISLE SYNTEC INCORPORATED v. MICHAEL P. BARBER 11. Plaintiff incorporates by reference paragraphs one through ten as though set forth at length. 12. Barber has breached the terms of the Program in failing and refusing to pay the sum due Carlisle from reimbursements made by Carlisle to Barber during the two (2) year period preceding Barber's voluntary termination of his employment with Carlisle. 13. All conditions precedent to recovery under the conh'act have been fulfilled. 14. As a direct and proximate result of Barber's breach of the contract, Carlisle has not been able to recover the sum of $3,540.00 due and owing. WHEREFORE, Carlisle requests judgment in its favor and against Michael P. Barber for the sum of $3,540.00 plus costs and expenses and interest. COUNT II QUANTUM MERUIT CARLISLE SYNTEC INCORPORATED v. MICHAEL P. BARBER 15. Plaintiff incorporates by reference paragraphs one through fourteen as though set forth at length. 16. Barber has obtained the benefits paid to him by Carlisle under the Program. 17. Despite demand therefore, Barber has failed and refused to pay the benefits back to Carlisle in accordance with the terms of the Program. 18. Barber has been unjustly enriched by his retention of the benefits paid to him under the Program which are required to be returned to Carlisle. WHEREFORE, Carlisle requests judgment in its favor and against Michael P. Barber for the sum of $3,540.00 plus costs and expenses and interest. Respectfully submitted, /N,N~'.BRIEN, BARIC ~/~ERER David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/ba rber/eom plaint.pld 05/~4/'20~1 10:5@ 7172495755 OB~ LAW OFFICE PAGE BT I verify Ibm ~he sta~.om~nts made in the foregoin~ Comphlnt ~ ~e ~d co,ct I ~e~d ~t f~ ~n~ h~in ~ md8 sub~l to ~e ~llies of 18 Pa. C.5. ~ 4904, mJat~g ~ ~m ~sJfi~ to a~ti~. ~ of R~fing ~d l'~inin~ 05/ 23/' 200~. 12:.!.3 7~.'~245724§ ~,~'_~.3:E :~,IT--C _RY~T ~A~-- 05 CARU6LE SYNT C SYSTEMS APPLICATION':itOR EDUCATIONAL A ISTANCE NAME LOCATION ~.~,~-T ~ ,~.~C I hereby make aplMJCalion/O~ IlppM M ~ IIclu~lllionill program in ac~ 'with CIkll SynTec BE TAKEN: 'TOTAL CRGDrT HOUR8 ~ SCHOOL OR SOURCE OF INb'll:IUCTION ._~ DEGREE START~N(~ DATE (~'Z.~c~ OOMFt'E'rION DATE ~2-'1~'c~ DEGFIEE MAJOFI ~ BI[NEFrr8 OF C)OUlq~E(6) TO EMPLOYEE AND COMPANY ®tree me vaJue and relation d pfopoaec~ studies to ~ jot) duties end pe~omlance): I undemtand that If I v(31unlMIly ten~.i~l~!e my ~ment ~ C~ ~ Sy~ems (~S), I will ~ ~ m ~y b~ ~ ~n ~ ~me~ r~K w~h~ t~ ~o ~ ye~ I~ ~ tim ~. W the ~.~ M gm~ l~ ~ ~ ~ th~ I will ~ ~ ~er ~ ~ ~st ~ d ~ I ~ ~mt~ ~ ~ tu~n r~ ~ ~ nm ~ me ~ ~ e~ ~ ~ and M ~ ~i~ ~8 ~ ~l~ ~ EUGIS~ FOR ~R PA~E~: I ~ ~ ~ to ~e ~ ~istan~ D~te 95/23/200! 12:13 7172457245 ~A~._I~LE SYNTE:: $~T P~'GE 0g '"' '' cARkI~LE 8YNTEC SYSTEM8 ~ REQUEST FOR EDtI~ATIONAL AS~I~?ANCE FIEIMBUFISEMENT CARLISLE SYNTEC SYSTEMS " REQUEST FOR EDUCATIONAL ASSISTANCE REIMBURSEMENT I have ~ll.fect~ Oomp;mel ~"~ pre-~a~'ed c=our~e(~): e5./23/~001 12:13 7172457245 .Carlisle SynTec Incorporated" December 21, 2000 Michael Barber 5330 Windsor Blvd. M~chnnicsburs, PA 17055 Dear ~.fr. Barber - Thin letter re.con'rrna ~ obligation to reimburse Carlble for all tuition mistnnce payments that you received wRldn the two (2) year period p _rec_~_]n~ your volur~t~/termination. You voluntarily termlnat~d your employment with Carlisle effective December 15, 2000. You received $3,$40.0l~.Jniuition assistance paym~ts within two years Mior to December 15, 2000. . . C~rlisle will forego att~npts to coll~t this amount as long as you continue to reduce this debt by payments t9 Cnrlide of~..ie~ $29~.00 per month to be nmde on or beforethe 1 ~m day of every month, beginning in .~ .unWary 2001, until your debt to Carlisle is satisfied in full. Please signify your.&~Wledgment o~ and a~eement with, the terms oftbij latt~r by signing this corresp0odenee m'/~e space provided below and returnin~ it to me immediately. Ve~/.4~ly your%: M~nase~, Recml~in8 and T~inin8 I havc read, understood, and Mine with the terms of this letter. Michael Berber Date: SHERIFF'S RETURN - REGULAR CASE NO: 2001-03189 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE SYNTEC INCORPORATED VS BARBER MICHAEL P RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARBER MICHAEL P the DEFENDANT , at 1420:00 HOURS, on the 30th day of May , 2001 at 5220 WINDSOR BLVD MECHANICSBURG, PA 17055 by handing to MICHAEL BARBER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service 6.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.20 05/31/2001 OBRIEN BARIC ~ Sworn and Subscribed to before By: me this 2~-~-~ day of /Deputy Sheriff ~. ~/ A.D. · grothonotary CARLISLE SYNTEC : IN THE COURT OF COMMON PLEAS OF INCORPORATED, : CUMBERLAND COUNTY, PENNSYLVANIA Plaimiff : v. : NO. 2001-3189 CIVILTERM . MICHAEL P. BARBER, : CIVIL ACTION-LAW Defendant : PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action as having been settled and discontinued without prejudice. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Peamsylvania 17013 (717) 249-6873 dab.dir/litigation/tarl.aynPonrbtr/prnt¢ipt.dis CERTIFICATE OF SERVICE I hereby certify that on July // ,2001, I, David A. Baric, Esquire ofO'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John Havas, Esquire Pierce & Havas 114 West Chocolate Avenue P.O. Box 775 Hershey, Pennsylvania 17033 David A. Baric, Esquire