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HomeMy WebLinkAbout12-4775IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW cr? RITE AID CORPORATION, V. O Plaintiff r' o o ?l G iQ `+r: No. ANGELA Y PARK, Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST E 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 Y DU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FUR ER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM R 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 PROM 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 1 Q? p3. ?S ? 0 C 18?? a-7 sc??3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RITE AID CORPORATION, Plaintiff V. No. ANGELA Y PARK, Defendant 1209S8001 COMPLAINT Plaintiff, RITE AID CORPORATION, by and through its counsel, Demetrios 4. 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, ANGELA Y PARK, is an adult individual resident of DE N maintains an address at 102 OVERLOOK PL, DOVER DE 19901-4302. 3. On or about 2/14/2007, 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 Defenc $30,000.00 as a signing bonus. 2 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, D 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 Complaint as if said paragraphs were fully set forth here at length. 12. On or about 2/14/2007, 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 in t event of default. In the instant matter, reasonable attorneys' fees equals $500.00. is nt 3 WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant ANGELA Y PARK as follows: a) Judgment in the amount of $30,000.00; b) Interest at the per diem rate of $4.93 from the date of filing t 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 givi 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. 2a by the 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 ?he quantum meruit value of the bonus amount described in the exhibit attached hereto in the amount of $0.00. WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant as follows: a) Judgment in the amount of $30,000.00; b) Interest at the per diem rate of $4.93 from the date of filing this C, 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 Attorny for Plaintiff 21 S. 9` Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: July 20, 2012 5 70:2156772773 P.3/7 r'? U3 F®-15-2W6 05:43 From; t'HX NU. p,??4 htt1'19'000f WCU 1L;5I !'17 Tolieo24 M FW-14w8( G ta.:44 From, 2 pobhwy u, 2W7 q ?Nrk l .c3'a'..4 ?10A 4 W NN"*w DC 10010 bear Anob, 1'li WW W40 b aka ON samw a ». M IM OMMMM? 1M M wil!? and tMatsMlt MM net ??? eMrr? ZIM 1rM?r1N M ? OWt?rM dlhs Iwrns vM ad aftr ANN • Ya,r 60 Rpm M • ANa?M 00 . M YWOa of 10 row OIwIA 1rM d aO?M iMir? fIW M sMaehed sn? m? X10 r?rirU Mt1iNAK to Ma ws+s N+d • '?M eM4t aapYw Iii (?4Mas1 days ? Ii+n dale on 1t+ie oNsr. '.slgle 7 PhWffsM!? POdo0wo Mares Are a Exhibit "" 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RITE AID CORPORATION, Plaintiff v. No. 12-4775 ~~ s_. ,..._ ,, .~, ANGELA Y PARK, ' `° "' ~ ~ t'; r Defendant ~ ' J1r - _ 120958 :~~ ~i .;""~ ~~ `~ -~ ~ -t J CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Complaint has been served by Certified Mail, Return Receipt Requested, Restricted Delivery, by the United States first-class mail, postage prepaid, as evidenced by Exhibit "A", attached hereto, upon the individual(s) at the address indicated below: Angela Y. Park 102 Overlook Place Dover, DE 19901-4302 Respectfully Submitted, ~' ~ ~"~~ EMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 21 S. 9t~ Street Allentown, PA 18102 610-439-1500 DATE: "~ !~ • ~.rl _ ...~ g, ' f11 ~ Postage $ m Here ~~'.S~ ~~; , ' .,~- ~~ v J ,~., ~, ~t~.is ~~i~~rzo~ ~ Gertitied Fee ~ Return Receipt Fee ~ (Endorsement Required) Restricted Delivery Fee ~ (Endorsement Required) Total r~nctana R Foac titi ocm w ~ > Street, Apt. No.; or PO Box No. "' 1 _, „ --------------------~ -~-~ ----~--~ ~~-j--~~:.~- ----- -~~---------- City, State, Z!P-r4 i 0 a :pe'r` 7` ~ ~ -~ V~~V POStmal 4 ,.%. F Exhibit " " USPS.com®- `Track & Confirm English Customer Service USPS Mobile Quick Tools Track & Confirm GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER 70082810000139426546 Check on Another Item What's your label (or receipt) number? LEGAL Privacy Policy > Terms of Use > FOIA > No FEAR Act EEO Data > Ship a Package Send Mail Page 1 of 1 Manage Your Mail SERVICE STATUS OF YOUR ITEM DATE & TIME First-Class Mail® .Delivered September 18, 2012, 10:13 am ON USPS.COM Government Services > Buy Stamps & Shop > Print a Label with Postage > Customer Service > Site Index > Find ON ABOUT.USPS.COM About USPS Home > Newsroom > Mail Service Updates > Forms 8 Publications > Careers > Copyright© 2012 USPS. All Rights Reserved https://tools.asps.com/go/TrackConfirmAction.action 11 /12/2012 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION Plaintiff MCO <— V. No. 12-4775 -<> C) ANGELA Y PARK Defendants C) CD 12095&001 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff and against: ANGELA Y PARK for want of Answering the Complaint and Entry of a Defense. Assess damages as follows: $30,000M Debt Interest from (Per Diem 4.93) 0.00 Cost $203.75 TOTAL $30203,75 I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain for the complaint. Pu6ant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. Z Pursuant to Pa.R.C.P. 23 7.1, 1 certify that written notice of the intent to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Re rd, if any,after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the tice is attached. DATE: ES H. TSAR Attorney for Plaintiffs 21 S. 9' Street Allentown, PA 18102 610-439-1500 Attorney ID 88513 NOW, /Z '2013,JUDGMENT IS T E OVE. rot N r 0 By: 41 NoW (ViOeJ �q 19-1-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION---LAW RITE AID CORPORATION, Plaintiff V. NO. 12-4775 ANGELA Y PARK, Defendant : 120958.001 To: ANGELA Y PARK 102 OVERLOOK PL DOVER DE 199014302 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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,Pennsylvania- telephone number 717-249-3166 Respectfully Submitted, DEMETRIOS H. TSAROUHIS Attomey for Plaintiff Attorney ID 988513 21 S. 9"'Street Allentown,PA 18102 Tel: (610)439-1500 Date:November 28, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION Plaintiff V. No. 12-4775 ANGELA Y PARK Defendants i • 120958.001 CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of the plaintiff,judgment creditor, is 30 Hunter Lane, Camp Hill PA 17011, and the last known address of the defendant(s),judgment debtor(s) is as follows: ANGELA Y PARK 102 OVERLOOK PL DOVER DE 19901-4302 DATE: - '�Zo�� D T OS H. TSAROUHIS Attorney for Plaintiffs 21 S. 9 Street Allentown, PA 18102 610-439-1500 Attorney ID 88513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION Plaintiff . V. : No. 12-4775 ANGELA Y PARK Defendants 120958.001 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF LEHIGH 1, Demetrios H. Tsarouhis, being duly sworn according to law, deposes and says that he is the attorney of plaintiffs, that he is authorized to make this affidavit on behalf of plaintiffs; that the above-named defendant ANGELA Y PARK reside(s) at 102 OVERLOOK PL, DOVER DE 19901-4302 ; and that the defendants are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service Members Civil Relief Act and the amendments thereto. Demetrios H. Tsarouhis, Attorney for Plaintiff Sworn and subsc!"day ed Befo e me this of , 20A_ Aftwu rf tary Public NOTARIAL SEAL TAMMY L COVEN Notary Public CITY OF EASTON,NORTHAMPTON COUNTY My Commission Expires Sep 21,2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION Plaintiff V. No. 12-4775 ANGELA Y PARK Defendant • 120958,001 NOTICE OF FILING JUDGMENT To: ANGELA Y PARK 102 OVERLOOK PL DOVER DE 19901-4302 Pursuant to Pennsylvania Rule of Civil Procedure 236,you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. • Money Judgment. If you have any questions concerning this notice, please call Attorney Demetrios H. Tsarouhis at this telephone number: 610-628-2440, or, you may contact Attorney Demetrios H. Tsarouhis,Esq. via written correspondence at 21 S. 9h Street, Allentown, PA 18102. DATE J Prothonotary