HomeMy WebLinkAbout12-4771IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
RITE AID CORPORATION,
Plaintiff
V.
COLLINS O. ODUKOGBE,
Defendant
No. I o? • C-I71 I
NOTICE TO DEFEND
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YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST T
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 WI H
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 Y U
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 PLAINTIFFS. YOU MAY LOSE MONEY OR PROPERTY R
OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OI
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVI
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
34 S. Bedford Street
Carlisle, Pennsylvania -
telephone number 717-249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
RITE AID CORPORATION,
Plaintiff
V.
No.
COLLINS O. ODUKOGBE,
Defendant
120572.001
COMPLAINT
Plaintiff, RITE AID CORPORATION, by and through its counsel, Demetrios 114.
Tsarouhis, files this Complaint and avers as follows:
1. Plaintiff, RITE AID CORPORATION, ("Plaintiff') is a Pennsylvania business
corporation having its principal and registered office address at 30 Hunter Lane , Camp Hill . A
17011.
2. Defendant, COLLINS O. ODUKOGBE, is an adult individual resident of SC N
maintains an address at 164 SEATON RIDGE DRIVE, BLYTHEWOOD SC 29016.
3. On or about 5/27/2008, Plaintiff and Defendant executed an Offer Letter wher
Defendant agreed to remain employed as a pharmacist for two (2) years in consideration for
payment of a signing bonus. Attached hereto and marked as Exhibit "A" is a true and cor
copy of the Offer Letter entered into between both parties.
4. As part of the employment compensation, Plaintiff agreed to pay to De
$12,500.00 as a signing bonus. Attached hereto and marked as Exhibit "B" is a true and
2
copy of the Promissory Note entered into between both parties.
5. The signing bonus was subject to certain conditions in order to fully vest.
6. In order for the bonus amount to fully vest, Defendant had to meet certain
and conditions as set forth in the employment agreement.
7. Defendant was required to remain employed with the Plaintiff for two (2)
from the date of employment.
8. The Defendant never met the certain terms and conditions as set forth in the
Letter.
9. Subject to the terms of a Promissory Note executed by the parties,
agreed to repay any signing bonus amounts received
10. As such, the signing bonus paid by Plaintiff to Defendant was wrongfully
and the Defendant must pay the same back to Plaintiff.
COUNTI
BREACH OF CONTRACT
11. Plaintiff incorporates the allegations of every paragraph enumerated above I
Complaint as if said paragraphs were fully set forth here at length.
12. On or about 5/27/2008, Plaintiff entered into a contract with Defendant.
13. Subsequently Defendant breached the contract by failing to meet the
terms and conditions as set forth in the contract.
14. The signing bonus paid under the contract was not earned by the Defendant
Defendant failed to remain employed by Plaintiff for the full term of service set forth in the
Letter. As such, the Defendant must now return said signing bonus to the Plaintiff.
15. The Promissory Note allows for reasonable attorneys fees to be collected it
3
event of default. In the instant matter, reasonable attorneys' fees equals $1,000.00.
WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that
judgment be entered against Defendant COLLINS O. ODUKOGBE as follows:
a) Judgment in the amount of $13,738.36;
b) Interest at the per diem rate of $2.05 from the date of filing
Complaint until the date of Judgment;
C) Court Costs; and
d) All other amounts which this Court deems just and proper.
COUNT II
Alternative to Count I - Unjust Enrichment
12. Plaintiff incorporates the allegations of every paragraph enumerated above ?
Complaint as if said paragraphs were fully set forth here at length.
13. At Defendant's request, Plaintiff conferred a benefit upon Defendant by giving a
signing bonus to the Defendant.
14. Defendant received and accepted the benefit of the signing bonus provided
Plaintiff.
15. At all times material hereto, Defendant was aware that Plaintiff was extending
aforesaid signing bonus to Defendant.
16. At all times material hereto, Defendant, with the aforesaid knowledge,
Plaintiff to provide said signing bonus and to incur damages.
17. At all times material hereto, Defendant was unjustly enriched by retaining
benefit of receiving said bonus without paying Plaintiff the unpaid balance.
18. Allowing Defendant to retain the benefit of the signing bonus would be unjust.
by
4
19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expens
contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff
quantum meruit value of the bonus amount described in the exhibit attached hereto in the amc
of $12,500.00.
WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that
judgment be entered against Defendant as follows:
a) Judgment in the amount of $12,500.00;
b) Interest at the per diem rate of $ 2.05 from the date of filing 1
Complaint until the date of Judgment;
C) Court Costs; and
d) All other amounts which this Court deems just and proper.
Respectfully Submitted,
KEIFER & TSAROUHIS, LLP
DEMETRIOS H. TSAROUHIS
I.D. #88513
Attorney for Plaintiff
21 S. 9th Street-Suite 200
Allentown, PA 18102
610-439-1500
Date: July 21, 2012
i, a
5
VERIFICATION
I, Demetrios H. Tsarouhis, attorney for Plaintiff, verify that the statements containe in
the aforementioned Complaint are true and correct based on my communications with my chi nt.
I make this verification because my client is unavailable to sign this document at this time I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec.
4904 relating to unsworn falsification to authorities.
Demetrios H. Tsarouhis, Esquire
Date: July 20, 2012
6
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M8Y 27 009
Collin Odukogbc
500 W. Chcltcn Ave.
Apt. 303
Philadelphia, PA 19144
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PAGE 02/ea
06-08-08 23:39 Pg',; 4
Dear Collin;
Rite Aid recogni2cs the value each associate brings to the organization and
ro you for the position of graduate Intern and, upon !lien tbwefore we would like to extend an Offer of Amp
of the offer terms, a position as a licensed pharmacy manager, The following is a s
> You will be employed on an hourly basis as a Graduate Intom you will be assigned to work in Rite Aid Region
t72/Fayetteville, North Carolina, We will plan your start date to work on or about June 22, 2008,
Your compensation as q graduate intern will be $30.00 per hour,
%' 77ris o,JfPr Le conttn
all required examin eta the earliest p the N.tp and the appropriatestate law examinadons. Moreov
determine the dates for examination the rettusuty offered after your Acceptance of this offlor. It is sole! ?, you m
proof of the successful completion of regquirens tbt Ircensure' to pay any associated fees and expenses y roar e
xpensea and to to pre
In addition, this alter is also c 'nt screening process that include butis not it Urn Tonal
mr dar, to verrflcahon ale ya Of Rite id's pre-cmP Y ton?ent/era
health care excluded party list. does not appear on any f Wederal l or state
> You will become eligible for Rite Aid's medical And rotirettla plans accordance
conditions of those plans Rite Aid olTets excellent benefit plans that area the standard eligibility terms at
> very competitive.
Ae a graduate intern, the applicable Rite Aid vacation plan follows the non-exempt vacation plan provided
eligibility requiremenrF.
you meet the
Upon your promotion to a licensed pharmacist, the following summarizes the neat, of this oft'er;
You will be empJoyed by the company on a ful
manager l-time bests {30 bolus /week tninimum as
, You will be assi gned to work in Rite Aid Itcgion 1i72/Fayertevillc, North Carolina exempt profcsslonal h
P?rrracl
> Yottr biweekly minimum salary will be S4960-00 for a biweekly minimum comrnirment of 80 base hour,
Your rout (Ion-on bonus is S2S,0p0 or ern) menu
Payable over s an Provided ' ?? ?mepharmacy manager (30 hours per week or mote)
date as a licensed till-tone pharmacy mane s) $I2 S bereecived within 60 to 90 days
be paid based on your continued eligibility. your ? mP y m Store 1X11505. The subsequent bom ?mn+een start
) will
If, for any reason, you do not complete each lbll year of satisfactory service is c lo months of full-time, 30 hOtrs/week minimum, pharn>stciseemployment) mP Yrnent with Rite Aid {12
conrirauo
)vu will he required to repay the tnsfaUrnent
received as documented pursuant to the terms and condidow oftlte attached Protntsso
"satisfactory servke" include but are not limited to the follotvin ;failure to 7 Note. Examples of not providing
of employment; dertrotion from pharmacist position; unsatisfactory job perfo tnarntairt tvl!-time h
obtain or rcacon; or failure to pursue, maintain required t!S&cations b legal ' tern"Dad n oOfcr ilomen; resignation
y perform the ytnse for any
> After your Promotion to a licensed pharmacy manager, o position of a licensed pharnracfst.
on your licensure date, your time of service with thmpanyamount ycoed vacation will be evacuated. Tsva) ed as a uation is abased
graduate intern. After four (4) consecutive pay periods as a Ncensed fbil-tinaeuha?c anon which has been, eattto. three four wilt be used to determine eligibility, to determine the avers
a hours P y ?a
$ Per week of carntd scat ay ubj ? o the tet? and
I Exhibit " A- 'I I
take
to
f1,- '?lR^ Pp. , a ^"v
This offer expires 60 (sixty) days from the date on this offer.
G:QN 72 HR
0;`04
96-08-88 23:39 pgj; 5
the vacation plan for your position, and to determine your eligibility to receive a
will receive earned vocation fnom the start date niche pay period eligibility Prorated nocips schedule for eligible licensed harthe p amount of carved vacaC days, aRct fifteen ycan and
five we ks aR two weeks of vacation a to rec after ti0 Your nazi anatvetettry ate The vaeal
three wCtks after five Years, Fou
In order to receive vocation.
You have
*r twenty been a Yeats Of sernce_ You must continue
awarded two weeks of vacati ue to maiA?irt the eligibility of yt
ns n term and condition of em to on based on sadsfying the terms above,
as a registered pharmacist in the state of You are rcgmted t0 f 71IIt°ta1O cwt "censure itt good standing
pharmacy, and to produce Proof otcont need ree, to Practice under the state and federal laws controlling the profee;
Bistercd licenstue Prior to expiration.
Y011 will be eligible to participate in
You meet eligibility,
,
the Rite Aid bonus and store equity plan for phonmcists per the term of those
rntacists per the tcrrrts of those
Please he advised that, at all times, Your ear l
employment coatracf; Rite Aid reserves the righo?e ? ??Wa conditions t/tis letrrer does not constitute an
clitnatc and its business needs, You will be required t t c onditions of any etnplo
omply with all Company policies and ures. based on the aeon YMM If these terms are acceptable to Pt'?edttrxs
records you, please sign and date below, please return the Original letter to me and retain a copy for p
There are great opportunities at Rite Aid, and I believe you will enjoy being a part of our team. I took forward to w
you have any questions, please do not hositate to contact me.
orking with
Sincerely,
pD Si ??- S/17/OS_
? gnature
Date
Jin Lee
Print Name
I hereby acknowledge and accept these terms and conditions and my status as an em to
P ye"_will
• 5? op
Candidate Signatufe
Date
-LAO
Print Name
C date Social Security Number
Schoo ofPhamwcy
Pleasc retain a copy of this offer for your files and forward the sigoed original to the following address:
An Lee_
Name
127 US Highway 70 Wes,`
Street Address
n. You
on
weeks
2' position
fictions
on of
Mans as
if
Garner NC
City State -""`2579_
Zip code
1 bli ? -' ?aao sae. ? o
Mir) _IJ-,?N 72 HR
I
PROMISSORY NOTE
%7;.000 Year 2007 - 2008
06 00-89 23:98
PA?iiE E)4/ E)4
rg l 6
1. rom)se a . Dates May 27, 2004
Collin Odukogba (?) (--Maka") promise to
A11111ate ("Payee -), the following sure: the grew emoyM of PaY to the order of RITE AID Hdgt M Co
and conditions of this Promissory Note ('Note"), the Rite Aid human to
MAX, Such pnYn+ant steal( be ?• or i» as ade " POP Payee (the "Offer f•cl!W4) and any other terms set forth in any other docuomertts d lsy and the o rteem in accordance sliver d 1 w
ent CD'Mmitment Agreements. brat or d Ma to t1
`scribing bonus attrns and or r loans loans issued to Maker,
F0c veams er r?.s.tL•-.+
All Indebtedness evidenced by this Note shall be forgiven
Service" provided in the offer Letter. when Maker completes the term of "Satisf.
3.
Pa a a_ rtna. in the event Maker does not complete the tam of "Satisf>lctory 5erv(?Q? roPill the amount set forth in Ptuagmph i hereof in one paYre t within thirty d P tided in the Offer
wil
Payee. Payment shall be tttadc by persona) checks and/or money mdcs, rty days followin Letter, the Make lo)
's see aNon from vicc I
Human ys all be stratio g n/Humen Resources
?P i Yabt to "R[te Aid" Ar the date nold of Maker sent to the attention of Vce ?>nnt, RITfiAtD, P. .O. Box 31bJ, Harrisburrg g, PA 17105,
4. f3 Alt Make's failetrc to
here Pay Any rum hereunder when due or to otherwise comply with any term horoof shall constitute
under, Iran Event of Default shall occur, Mtdtcr shall pay interest on the remaining oumandin
percent (lZYe)per annum from the dare of the Event of Default In sdditfon Payee fluent oe
.i Indebtedness at the rac
per in equity. may exercise any other rights and remedies p det
5. DeterrelnaNan nr &w . The unpaid
ascertained from the records of pa eee which ncipal amount of $haall be conclusi a absent unpaid irstercat ac gved er
heon, if any. shall at all tines b
Y , manifest error.
6' Akht_o,.t3etofr. if the Maker fails to a w
time, without notice to the Maker (any st ch nhen due otice being expressly w to the Payee, the Pa cc is hatch suttee "
waived by the Maker)yo setotiand apply ? ? anY time and 0'om i>t
i yet to Maker, against any and all of the Makes obligations now or hereafter existing to the a any and all sums due
promptly to notify the Maker after any Ruch setoff and application; provided, howev and o-
er, Pa y +vvalidity of such setoff and application. The Payee's rights under this Section are in additlion oean
y ffilum
have ac provided under this Note and under law and equity.
other to
6 rights such
and d noires remedies shall that not the Pe pays
7 Cosa of a+l lasts
a) OSU to-- pay l ex is Note iS plocod in be hands o la anewt to collect an collection by reason of defiuh on the i
and reasonable attorneys' fees. Y Payee in Y Y amount due under this Note, including ng all cj? oM esst
tt, Ws vc
No waiver or modification of the tams of this Note shall be valid unless in writing. signed by Maker and Paye
tttodiAcation shall be valid only to the extent set fbrth in writing
IVs All notices, requests, demands, directions and other communication under the visa
ex ectiv y when i eat. hercunda, shall be sent via tclecopy or express deli ?° ens bereofshnll be in writing unless othenvi:
effective when sent. very service requiring a signed receipt, or hand-delivered, and shall i
I0 RESPE of O Friar MAKER WAIVES ALL RIGHT TO TRIAL BY/URY IN ANY ACTION OR PROCEEDING INSTITUTED IN
t I. Co_varnlnltk,aw;laNsdletlens Wtanta,
This Note shall be $ovcmcd by, and construed under the laws of the Commonwealth of Henn Iv
including the Uniform Commercial Code, as enacted and in force in the Commonwealth of Pcnn
Harrisburg, Pennsylvania, sad the Court of Common Pleas of Dauphin County, Pennsylvania, ?sY?r Thia Note shall t anti
the Middle District of pcnnsyivenia, she(( be the exclusive Ve where aPDifcabte, the Federal ? exccutn
Court
connection wieh the Note or the debt which is the subjehereof anavd have d any claims arising or related there wand all legs( actions omt?tDiatr(etcnced in
i z• Sev r Il . If any covenant, terra or condition of this Note or the application
of the remainder of this Note shall not be affected thereby; and each covenant, tahTt+r or coshall to any extent be nd condition o th s Note invalid
fullest extent permitted by iRw. of unenforceable, the unlit
be valid and enfore
cable to fl
' S ccsson sad n..r....
its successors and assigns.
This obligation shall bind Maker and his or her successors and assigns, and the benefits hereof shalt inure to Payee an
IN WITNESS WHEREOF, Maker has duly executed and delivered this Note as of the date first above
WITNESS
MAKER written.
RfTF, Aib Hugtra. Carp. or its assigtred AtTiliate O n DC -` u Q
Exhibit " ?'-
the terms
for by
repay in
Mom with
resident
)cfault
'twelve
Payee at
to to
ping from
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may
hemby
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Any
in
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson O 3,_ FILEO—Or"FIC�
Sheriff THE PRO TN�3�OTACR
at
Jody S Smith , tr +Ga►�br
pit
Chief Deputy 2013 MAR 26 AM 9: 3 5)
Richard W Stewart CUMBERLAND COUNTY
Solicitor OfFiCEO6Ti<S R'Fc PENNSYLVANIA
Rite Aid Corporation Case Number
VS.
Collins 0 Odukogbe 2012-4771
SHERIFF'S RETURN OF SERVICE
03/05/2013 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within
Complaint&Notice upon the within named defendant, Collins 0 Odukogbe, in the following manner: On
March 05, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the
within Complaint&Notice to the defendant's last known address of 164 Seaton Ridge Drive, Blythewood,
SC 29016.The certified mail return receipt card was received by the Cumberland County Sheriffs Office
signed by L. Odukogbe on March 8, 2013.
SHERIFF COST: $34.51 SO ANSWERS,
1z + U
March 20, 2013 RONtrY R ANDERSON, SHERIFF
{c}CourtySui.e Sheriff,Tefeosoft Inc.
Comm Q. d
SC 29M
is I
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'M M7 07M 0003 221[} 3191
+ rwr
The Court of Common Pleas of Cumberland County Pennsylvania
Civil Action Court
Rite Aid Corporation
Plaintiff
Vs No 12-4771 Civil
Z-et
Collins O Oduk og be -
r�o
Defendant CA —4O
Response to Notice to defendant the Court o
- 4 W
I the defendant is counter suing the plaintiff for unjustly termination of my employment with the
corporation ,for loss of wages from March of 2010 till February of 2013,all damages suffer and legal
fees.
I will be having an Anthony representation during court hearing.
Thank you
Sinc y
Collins O kogbe 03 3'�I3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION—LAW 4.,;7
rrt°
RITE AID CORPORATION, "�`
Plaintiff(s) • �v Co) ICJ
c3-ti
v. •
=cam --- cr,:
No. 124771 .
COLLINS 0. ODUKOGBE,
Defendant(s)
120572.001
MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiff, RITE AID CORPORATION , moves pursuant to Pa. R.C.P. No. 1034 for
judgment on the pleadings and in support hereof overs:
1. Plaintiff filed a Complaint against COLLINS 0. ODUKOGBE (hereinafter the
"Defendant") and a true and correct copy is attached as Exhibit"A".
2. Defendant filed an Answer, a true and correct copy of which is attached as
Exhibit"B".
3. Defendant's general denials of the allegations are improper under PA. R.C.P. No.
1029(c) and constitutes an admission of the allegations in as much as the Defendant must know
whether the allegations are true or false (See attached Memorandum of Law).
4. Defendant fails to set forth any facts supporting the defense and the defense is
accordingly insufficient as a matter of law.
5. In addition, Defendant failed to supply any meaningful response to the averments
set forth in Plaintiffs Complaint.
6. Plaintiff's Complaint states that the total past due amount owing is $12,500.00.
This averment as admitted since no meaningful response was provided by the Defendant.
7. The pleadings are closed and time exists within which to dispose of this motion so
as not to delay trial.
8. There are no genuine issues of material fact to be tried.
9. Plaintiff is entitled to judgment as a matter of law on the pleadings.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows:
a) Judgment in the amount of $12,500.00 due on the account;
b) Costs of suit;
c) Any other relief as the Court deems just and appropriate.
Respectfully Submitted,
DEMETRIOS H. TSAROUHIS
I.D. #88513
Attorney for Plaintiff
21 S. 9111 Street—Suite 200
Allentown, PA 18102
610-439-1500
Date: September 25, 2013
�x51z,
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RITE AID CORPORATION,
Plaintiff
v. -,
: No. 12-4771 E `
COLLINS O. ODUKOGBE • T
Defendant, `..y
T.
• 120572.001 rat 7 ;Mr
PRAECIPE TO REINSTATE '= °'
/._"11.
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly reinstate the above captioned Complaint.
DEMETRIOS H. TSAROUHIS
Attorney for Plaintiffs
Attorney ID # 88513
21 S. 9th Street
Allentown, PA 18102
DATE: January 29, 2013
I do hereby certify that the within
is a true and correct copy of the
original filed in this action.
Demetrios H Tsarouhis
[Exhibit " 4 1
Supreme Coto Pennsylvania _
i ,
Cour ofeCommo }.fleas x'orProtho'nounyUseOnly: '
Sad r.42 .1
Civil ',ove Sh e't r , f �.r:
4 ' < e ' Docket No: .` t ` ; }-, S''
CU� s Nb X51 Q. y,V• ( ,'� '''' t J
�j County TY I x+0; ‘,V i 4�t `�� ' °
TT Y'
The information collected on this form is used solely for court administration purposes. This form does not
Fa supplement or replace the fling and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
131 Complaint El Writ of Summons El Petition
S Transfer from Another Jurisdiction ID Declaration of Taking
• E
CLead Plaintiffs Name: Lead Defendant's Name: •
RITE AID CORPORATION COLLINS O. ODUKOGBE
T Dollar Amount Requested: } within arbitration limits
I Are money damages requested? Yes X No (check one) outside arbitration limits
O
N Is this a Class Action Suit? Yes 13 No Is this an MDJAppeal? i� Yes 11 No
A Name of Plaintiff/Appellant's Attorney: DEMETRIOS H TSAROUHIS
0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
r-- LL, . _ •,a ,� 1:
Nature:of the-Case „ Place an "X"to'the lefttof the ONEjcase categoryythat most accurately describes'your ,f '..'?.
,,:,(•'.,:,,:".
PRIMARY CASE.' If you are.maktnjmor`e than one type.of claim, check,the'one that`.'t s , ;x.
-� you consider most important 7,, t`, '; `- .1,..** < �z ..? .-r. y:
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
El
Intentional 0 Buyer Plaintiff Administrative Agencies In Malicious Prosecution 12 Debt Collection: Credit Card I{ Board of Assessment
' ID Motor Vehicle i Debt Collection: Other SI Board of Elections
* Nuisance 0 Dept. of Transportation
O Premises Liability 0 Statutory Appeal:Other
S El Product Liability (does not include
mass tort) 0 Employment Dispute:
E Slander/Libel/Defamation Discrimination
C 0 Other: El Employment Dispute:Other 0 Zoning Board
El Other:
T
I i 0 Other:
O MASS TORT _
O Asbestos
N 0 Tobacco
▪ Toxic Tort-DES
• Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS
D Toxic Waste El Ejectment 0 Common Law/Statutory Arbitration
B 0 Other:
Eminent Domain/Condemnation 0 Declaratory Judgment
El Ground Rent 0 Mandamus
El Landlord/Tenant Dispute 0 Non-Domestic Relations
+ El Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial in Quo Warranto
Q Dental 0 Partition El Replevin
0 Legal D Quiet Title El Other:
O Medical El Other:
O Other Professional:
IIndnlod 7/1!7/171
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION-LAW
RITE AID CORPORATION,
••
—
_
Plaintiff �-- m=-
rn rte- `or"
•
v. V. o
: No. I - 1 I .<o -e� c
i.j -n
COLLINS O. ODUKOGBE, = -s
�a r,?
•Defendant : c
•
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 PLAINTIFFS. 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, 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, Pennsylvania -
telephone number 717-249-3166
TRUE COPY FROM RECORD
twia In Testimony whereof,i here unto set my hand
COMP T ° ST'_ ED and the seal of said Co rt.at Carlisle, 1 -,20
a Thls d= Prothonotary
�
PROTH'TARY ���'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION—LAW
RITE AID CORPORATION,
Plaintiff
•
v.
: No.
COLLINS O. ODUKOGBE,
Defendant
: 120572001
COMPLAINT
Plaintiff, RITE AID CORPORATION, by and through its counsel, Demetrios H.
Tsarouhis, files this Complaint and avers as follows:
1. Plaintiff, RITE AID CORPORATION, ("Plaintiff") is a Pennsylvania business
corporation having its principal and registered office address at 30 Hunter Lane , Camp Hill PA
17011.
2. Defendant, COLLINS O. ODUKOGBE, is an adult individual resident of SC who
maintains an address at 164 SEATON RIDGE DRIVE, BLYTHEWOOD SC 29016.
3. On or about 5/27/2008, Plaintiff and Defendant executed an Offer Letter whereby
Defendant agreed to remain employed as a pharmacist for two (2) years in consideration for the
payment of a signing bonus. Attached hereto and marked as Exhibit "A" is a true and correct
copy of the Offer Letter entered into between both parties.
4. As part of the employment compensation, Plaintiff agreed to pay to Defendant
$12,500.00 as a signing bonus. Attached hereto and marked as Exhibit `B" is a true and correct
2
copy of the Promissory Note entered into between both parties.
5. The signing bonus was subject to certain conditions in order to fully vest.
6. In order for the bonus amount to fully vest, Defendant had to meet certain terms
and conditions as set forth in the employment agreement.
7. Defendant was required to remain employed with the Plaintiff for two (2) years
from the date of employment.
8. The Defendant never met the certain terms and conditions as set forth in the Offer
Letter.
9. Subject to the terms of a Promissory Note executed by the parties, Defendant
agreed to repay any signing bonus amounts received
10. As such, the signing bonus paid by Plaintiff to Defendant was wrongfully paid
and the Defendant must pay the same back to Plaintiff.
COUNT I
BREACH OF CONTRACT
11. Plaintiff incorporates the allegations of every paragraph enumerated above this
Complaint as if said paragraphs were fully set forth here at length.
12. On or about 5/27/2008, Plaintiff entered into a contract with Defendant.
13. Subsequently Defendant breached the contract by failing to meet the employment
terms and conditions as set forth in the contract.
14. The signing bonus paid under the contract was not earned by the Defendant since
Defendant failed to remain employed by Plaintiff for the full term of service set forth in the Offer
Letter. As such, the Defendant must now return said signing bonus to the Plaintiff
15. The Promissory Note allows for reasonable attorneys fees to be collected in the
3
event of default. In the instant matter, reasonable attorneys' fees equals $1,000.00.
WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that
judgment be entered against Defendant COLLINS O. ODUKOGBE as follows:
a) Judgment in the amount of$13,738.36;
b) Interest at the per diem rate of $2.05 from the date of filing this
Complaint until the date of Judgment;
c) Court Costs; and
d) All other amounts which this Court deems just and proper.
COUNT II
Alternative to Count I - Unjust Enrichment
12. Plaintiff incorporates the allegations of every paragraph enumerated above this
Complaint as if said paragraphs were fully set forth here at length.
13. At Defendant's request, Plaintiff conferred a benefit upon Defendant by giving a
signing bonus to the Defendant.
14. Defendant received and accepted the benefit of the signing bonus provided by
Plaintiff.
15. At all times material hereto, Defendant was aware that Plaintiff was extending the
aforesaid signing bonus to Defendant.
16. At all times material hereto, Defendant, with the aforesaid knowledge, permitted
Plaintiff to provide said signing bonus and to incur damages.
17. At all times material hereto, Defendant was unjustly enriched by retaining the
benefit of receiving said bonus without paying Plaintiff the unpaid balance.
18. Allowing Defendant to retain the benefit of the signing bonus would be unjust.
4
19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, a
contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the
quantum meruit value of the bonus amount described in the exhibit attached hereto in the amount
of$12,500.00.
WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that
judgment be entered against Defendant as follows:
a) Judgment in the amount of$12,500.00;
b) Interest at the per diem rate of $ 2.05 from the date of filing this
Complaint until the date of Judgment;
c) Court Costs; and
d) All other amounts which this Court deems just and proper.
Respectfully Submitted,
KEIFER & TSAROUHIS, LLP
G•t /-57
LJZr
DEMETRIOS H. TSAROUHIS
I.D. #88513
Attorney for Plaintiff
21 S. 9th Street—Suite 200
Allentown, PA 18102
610-439-1500
Date: July 21, 2012
5
I Ft: i. i�r,_ �,:_, , :„ _ 77372\ 2 HP PAGE 02/04
,x • ion 06-08-88 23:39 Pg.. 4
RI O:Ef�
PHARMACY g-OQ-C1(0 0
May 27. 2008 t" � /
Collin Odukogbe
500 W.Chclten Ave.
Apt. 303
Philadelphia,PA 19144
Dear Collin;
Rite Aid recognizes the value each associate brings to the organization and therefore we would like to extend an offer of employment
to you for the position of graduate intern and,upon licensure,a position as a licensed pharmacy manager.The following is a summary
of the offer terms.
> You will be employed on an hourly basis as a Graduate Intern.You will be assigned to work in Rite Aid Region
r172/Fayetteville,North Carolina. We will plan your start date to work on or about June 22, 2008.
> Your compensation as R graduate intern will be$30.00 per hour.
aa This offer Le contingent upon you passing the NAPLEX and the appropriate store law examinations. Moreover,you must take
all required examinations at the earliest opportunity offered after your acceptance of this offer.It is solely your obligation to
determine the dates for examination,the requirements for liccnaure,to pay any associated fees and expenses and to produce
proof of the successful completion of requirements,
m In addition,this offer is also contingent upon your successful completion of Rite Aid's pre-employment/promotional
screening process that includes, but is not limited,to verification that your name does not appear on any federal or state
health care excluded party list.
You will become eligible for Rite Aid's medical and retirement plans in accordance with the standard eligibility terms and
conditions of those plans. Rite Aid offers excellent benefit plans that are very competitive.
> As a graduate intern,the applicable Rite Aid vacation plan follows the non-exempt vacation plan provided you meet the
eligibility requirements.
Upon your promotion to a licensed pharmacist, the following summarizes the terms of this offer:
> You will be employed by the company on a full-time basis(30 hours/week minimum)as an exempt professional pharmacy
manager. You will be assigned to work in Rite Aid Region#72/Faycttevilie,North Carolina.
r- Your biweekly minimum salary will be$4860.00 for a biweekly minimum commitment of 80 base hours,
> Your total ,u n bonus is 52.5,009for e loyment ash ticP acl f+lmcpharmacy manager(30 hours per week or more)
payable ove ycar(s7 and-provided' o installment(s)of$12,190 Jo be received within 60 to 90 days from your start
date as a licensed full-time pharmacy mann r the Company in Store#11505. The subsequent bonus installment(s) will
be paid based on your continued eligibility.
> If,for any reason,you do not complete each full year of satisfactory service in employment with Rite Aid(12 continuous
months of full-time,30 hours/week minimum, pharmacist employment)you will he required to repay the Installment
received as documented pursuant to the terms and conditions of the attached Promissory Note.Examples of not providing
"satisfactory service"include but are not limited to the following:failure to maintain full-time pharmacist status;resignation
of employment;demotion from pharmacist position;unsatisfactory job performance;termination of employment for any
reason;or failure to pursue,obtain or maintain required certifications to legally perform the position of a licensed pharmacist.
> Alter your promotion to a licensed pharmacy manager,your amount of earned vacation will be evaluated.Evaluation is based
on your licensure date,your time of service with the Company,and any amount of vacation which has been earned as a
graduate intern.After four(4)consecutive pay periods as a licensed full-time pharmacy manager,pay periods two,three and
four wilt be used to determine eligibility,to determine the average hours per week of earned vacation subject to the terms of
. .........
Exhibit "
•
•
•
o _ _ r1N 72 HR PAGE o3/04
- run "1dz96 7 e7 06-08-0B 13;35 Pg: 5•
ttic vacation plan for your position,and to determine your eligibility to receive a prorated amount of camed vacation. You
will receive earned vacation from the start date of the pay period containing your next anniversary date.The vacation
schedule for eligible licensed pharmacists is two weeks of vacation after 60 days,three weeks after five years,four weeks
after fifteen years and five weeks after twenty years of service. You must continue to maintain the eligibility of your position
in order to receive vacation.You have been awarded two weeks of vacation based on satisfying the terms above.
>- As a term and condition of employment,you are required to maintain current lieensure in good standing without restrictions
as a registered pharmacist in the state of practice,to practice under the state and federal laws controlling the profession of
pharmacy,and to produce proof of continued registered liccnsure prior to expiration.
> You will be eligible to participate in the Rite Aid bonus and store equity plan for pharmacists per the terms of those plans as
you meet eligibility.
This offer expires 60(sixty)days from the date on this offer.
Please he advised that, at all times,your employment is at will, and this letter does not constitute an
employment Contract. Rite Aid reserves the right to alter the terms and conditions of any employment based on the economic
climate and its business needs. You will be required to comply with all Company policies and procedures.
If these terms are acceptable to you,please sign and date below. Please return the original letter to me and retain a copy for your
records.
There are great opportunities at Rite Aid,and I believe you will enjoy being a part of our team.I took forward to working with you. If
you have any questions,please do not hesitate to contact me.
Sincerely,
ze: 5/27/08_
PDIvJ.Signature Date
_lin Lee
Print Name
I hereby acknowledge and accept these terms and conditions and my status as an employee-at-will 777 j 5/.qt$
Candidate Signature Date
f,o/kr tyb
Print Name
Candidate Social Security Number
School'of Pharmacy
Please retain a copy of this offer for your files and forward the signed original to the following address:
.fin Lee
Name
127 US Highway 70 W
Street Address
Gamer NC 27529_
City State Zip code
•
10:i- .^nap _ _;;-,IN 2 HP, PAGE 04;`04
_, reel i .`IJL`_at„f B6 00-08 23:10 Pg: 6
R
AID:
•HARMACY
PROMISSORY NOTE
Year 2007- 2008
.%.75,000 Date:Mny 27,2008
,('romise to Pay. Collin Odukogbe( l("Maker")promises to pay to the order of RITE AID Ildgtrx.Corp.or Its assigned
Affiliate("Payee"),the following sum: the gross amount of t r onus9aid to Make.Such payment shall be made In accordance with the terms
and conditions of this Promissory Note("Note"),the Rite Aid human resources policy and the offer letter or agreement delivered to Maker by
Payee(the'Offer Letter")and any other terms set forth in any other documents describing bonus sums and or loans issued to Maker,including
Commitment Agreements.
2. Foralvenest of indebtedness. All indebtedness evidenced by this Note shall be forgiven when Maker completes the term of"Satisfactory
Service'provided in the Offer Letter.
3. Payment Terms. in the event Maker does not complete the term of"Satisfactory Service"provided in the Offer Letter,the Maker will repay in
flit the amount set forth In Paragraph 1 hereof in one payment within thirty days following the date of Maker's separation from employment with
Payee. Payment shalt be made by personal cheeks and/or money orders,payable to"Rite Aid"should be sent to the attention of Vice President
Human Resources AdministrnntloniHuman Resources Department,RI'L'fi AiD,P.O.Box 3165,Harrisburg,PA 17105.
4. Default Maker's faiherc to pay any sum hereunder when due or to otherwise comply with any term hereof shall constitute an Event of Default
hereunder. If an Event of Default shall occur,Maker shall pay interest on the remaining outstanding principal Indebtedness at the rate of twelve
percent(12%)per annum from tire date of the Event of Default. In addition,Payee may exercise any other rights and remedies provided Payee at
law or in equity.
5. Determination of mount. The unpaid principal amount of this Note and rho unpaid interest accrued hereon,if any,shall at all times be
ascertained from the records of Payee,which shalt be conclusive absent manifest error.
6. Weft t of Setoff. if the Maker fails to pay when due any sums owing to the Payee,the Payee is hereby authorized at arty time and from time to
time, without notice to the Maker(any such notice being expressly waived by the Maker),to setoff and apply any and all sums due and owing from
the Payee to Maker,against any and all of the Maker's obligations now or hereafter existing to the Payee under this Note. The Payee agrees
promptly to notify the Maker after any such setoff and application;provided,however,that the failure ro give such notice shall not affect the
validity of such setoff and application. The Payee's rights under this Section are in addition to any other rights and remedies that the Payee may
have as provided under this Note and under law and equity.
7. Costs otCollectlen. If this Note is placed in the hands of an attorney at law for collection by reason of default on the part of Maker,Maker hereby
agrees to pay all actual expenditures incurred by Payee In any attempt to collect any amount due under this Note,Including all costs of legal action
and reasonable attorneys'fees.
8. Waiver and2bdificatign. No waiver or modification of the terms of this Note shall be valid unless in writing,signed by Maker and Payee. Any
modification shall be valid only to the extent set forth in writing.
9. Notices, Alt notices,requests,demands,directions and other communication under the provisions hereof shall be in writing unless otherwise
expressly permitted hereunder,shall be sent via tciccopy or express delivery service retluiring a signed receipt,or hand-delivered,and shall be
effective when sent.
10. Waiver o,CJury Trial. MAKER WAiVES ALL.RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INSTITUTED IN
R.ESP ECT TO THIS NOTE.
i I. Govern dttrisdlctlagiYct�rte This Note shall be governed by,and construed under the laws of the Commonwealth of Pennsylvania,
including the Uniform Commercial Code,as enacted and in force in the Commonwealth of Pennsylvania. This Note shall be deemed executed in
Harrisburg,Pennsylvania,and the Court of Common Pleas of Dauphin County,Pennsylvania,or,where applicable,the Federal District Court for
the Middle District of Pennsylvania,shall be the exclusive venue and have exclusive jurisdiction for any and all legal actions commenced in
connection with the Note or the debt which is the subject hereof,and any claims arising or related thcrcra.
12. Sevcralbltlty. If any covenant,term or condition of this Note or the application thereof shall to any extent be invalid or unenforceable,the validity
of the remainder of this Note shall not be affected thereby,and each covenant,term or condition of this Note shall be valid and enforceable to the
fullest extent permitted by law.
Successors and Assigns. This obligation shalt hind Maker and his or her successors and assigns,and the benefits hereof shall inure to Payee and
its successors and assigns.
(N WITNESS WHEREOF,Maker has duly executed and delivered this Note as of the date first above written.
WITNESS MAKER
-sle„ . Col pl 6( Itiot -
„_.R1TF,AID iidgtrs.Corp.or its assigned Affiliate -
E.- ibit
•
VERIFICATION
I, Demetrios H. Tsarouhis, attorney for Plaintiff, verify that the statements contained in
the aforementioned Complaint are true and correct based on my communications with my client.
I make this verification because my client is unavailable to sign this document at this time. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec.
4904 relating to unsworn falsification to authorities.
Demetrios H. Tsarouhis, Esquire
Date: July 20, 2012
6
The Court of Common Pleas of Cumberland County Pennsylvania
Civil Action Court
Rite Aid Corporation
Plaintiff
Vs No 124771 Civil
Collins 0 Odukogbe Apr
Defendant s .748,Response to Notice to defendant the Court Eigg
ips te
-C c•►
I the defendant is counter suing the plaintiff for unjustly termination of my employment with the
corporation,for loss of wages from March of 2010 till February of 2013,all damages suffer and legal
fees.
I will be having an Anthony representation during court hearing.
Thank you
Sinc y
—,laigrel> 1101111.
Collins 0. 'kogbe 0 3/3 1/13 •
Exh L... °_ ��
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION—LAW
RITE AID CORPORATION,
Plaintiff(s)
v.
No. 12-4771
COLLINS O. ODUKOGBE,
Defendant(s)
120572.001
MEMORANDUM IN SUPPORT OF MOTION
FOR JUDGMENT ON THE PLEADINGS
ISSUES
I. WHAT MUST BE SHOWN TO BE GRANTED JUDGMENT ON THE
PLEADINGS?
II. HAVE THOUGH ELEMENTS BEEN SHOWN IN THE PRESENT CASE?
ARGUMENT
I. A motion for judgment on the pleadings is in the nature of a demurrer or may only
be granted where the material facts are at issue and law is so clear that trial would
be fruitless.
A motion for judgment on the pleadings is governed by Pa. R.C.P. No. 1034 which says:
Rule 1034. Motion for Judgment on the Pleadings
(a) After the relevant pleadings are closed, but within such
time as not to unreasonably delay the trial, any part may move for
judgment on the pleadings
(b) The court shall enter such judgment or order as shall be
proper on the pleadings."
A motion for judgment on the pleadings is in the nature of a demurrer in which all of the
non-movants wall-pleaded allegations are viewed as true, Ridge v. State Employees' Retirement
Bd. 690 A2d 1312 (Pa. Cmth 1997); Simon v. Commonwealth Pa. 659 A2d 631 (Pa. Cmth.
1995). A motion for judgment on the pleadings may not be granted unless the movants' right to
succeed is certain and the case is so free from doubt that trial would clearly be a fruitless
exercise. Shirley v. Javan 454 Pa. Super 131, 684 A2d 1088 (1996) app. gtd. 548 Pa. 682, 699
A2d 736 (1997) app. dism. as improv. granted 551 Pa. 587, 712 A2d 281 (1998);
Commonwealth v. Rainbow Associates 138 Cmth. 58, 587 A2d 357 (1991); Ridge v. State
Employees Retirements Bd,supra.
In the present case, the Answer only pleads a general denial and unspecific counterclaim
to the Plaintiff's claim. Denials in the pleadings are governed by Pa. R.C.P. No. 1029 which says
in part:
"Rule 1029. Denials. Effect of Failure to Deny.
(a) A responsive pleadings shall admit or deny each averment of fact
in the preceding pleadings or any part hereof to which it is
responsive. A party denying only a part of an averment shall
specify as much of it as is admitted and shall deny the remainder.
Admission and denials in a responsive pleading shall refer
specifically to the paragraph in which the averment admitted or
denied as set forth.
(b) Averments in a pleading to which a responsive pleading is required
are admitted when not denied specifically or by necessary
implication. A general denial or a demand for proof, except as
provided by subdivisions (c) and (e) of this rule, shall have the
effect of an admission.
(c) A statement by a party that after reasonable investigation the party
is without knowledge or information sufficient to form a belief as
to the truth of an averment shall have the effect of a denial.
(d) Averments in a pleading to which no responsive pleading is
required shall be deemed to be denied.
(e) To an action seeking monetary relief for bodily injury, death or
property damage..."
Most cases revolve around defendant's denial under Pa. R.C.P. No. 1029(c). It has long
been the law that denial pursuant to Rule 1029(c) while be considered a general denial and
therefore an admission if it is clear that the party answering must know if the allegations are true
or not Cercone v. Cercone 254 Pa. Super. 381, 386 A2d; (19/8); Commonwealth v. Rainbow
Associates supra; Wisconsin Trust Co. v. First Wisconsin Trust Co. v. Strausser 439 Pa. Super.
192, 653 A2d 688 (1995).
In the present case, the Defendant has failed to supply any meaningful responses to the
averments set forth in Plaintiff's Complaint and should be deemed admitted. The seminal
averment constituting the amount due of $12,500.00 has been admitted as well. Defendant has
admitted all of the other averments due to Defendant only providing general denials to the
averments in Plaintiffs complaint. The Complaint alleges that Plaintiff advanced money to the
Defendant, Defendant used such money and has now failed to pay the past due balances on the
same, and that a balance is now due in the amount of$12,500.00. Plaintiff and Defendant are
equally familiar with the transaction. The defendant must know if the contract was created, if the
money was in fact used, and if payment was made. First Wisconsin Trust Co. v. Strausser.,
supra.; Cercone v. Cercone, supra. It cannot be allowed to drag this matter to trial unless there is
a factual defense.
CONCLUSION
There are no factual issues that need to be tried. The Plaintiff's right to succeed is certain
and judgment on the pleadings should be granted.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendants as
follows:
a) Judgment in the amount of $12,500.00 due on the account;
b) Costs of suit;
c) Any other relief as the Court deems just and appropriate
•
Respectfully Submitted,
DEMETRIOS H. TSAROUHIS
I.D. #88513
Attorney for Plaintiff
21 S. 9t Street—Suite 200
Allentown, PA 18102
610-439-1500
Date: September 25, 2013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION–LAW
RITE AID CORPORATION,
Plaintiff(s)
v. V
: No. 12-4771
COLLINS 0. ODUKOGBE, •
Defendant(s) •
120572.001
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
Motion for Judgment On The Pleadings and Memorandum in Support has been served by United
States first-class mail,postage prepaid,upon the individual(s) at the address indicated below:
COLLINS O. ODUKOGBE
164 SEATON RIDGE DRIVE
BLYTHEWOOD SC 29016
DEMETRIOS H. TSAROUHIS
I.D. #88513
Attorney for Plaintiff
21 S. 9t Street—Suite 200
Allentown, PA 18102
610-439-1500
Date: September 25, 2013