HomeMy WebLinkAbout12-4796,MMON PLEAS OF CUP
PENNSYLVANIA
CIVIL ACTION - LAW
RITE AID CORPORATION,
Plaintiff
V.
BERHANU Y. HANFORE,
Defendant
No. -1 LP
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NOTICE TO DEFEND
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YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST TI
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITH
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WI1
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YO
YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YC
AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTH]
NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM (
RELIEF REQUESTED BY THE PLAINTIFFS. YOU MAY LOSE MONEY OR PROPERTY (
OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFF]
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVII
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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
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
RITE AID CORPORATION,
Plaintiff
V.
No.
BERHANU Y. HANFORE,
Defendant
• 120003.001
COMPLAINT
Plaintiff, RITE AID CORPORATION, by and through its counsel, Demetrios I
Tsarouhis, files this Complaint and avers as follows:
1. Plaintiff, RITE AID CORPORATION, ("Plaintiff') is a Pennsylvania busil
corporation having its principal and registered office address at 30 Hunter Lane , Camp Hill
17011.
2. Defendant, BERHANU Y. HANFORE, is an adult individual resident of VA
maintains an address at 44087 RISING SUN TERRACE, ASHBURN VA 20147-4882.
3. On or about 01/08/2008, Plaintiff and Defendant executed an Offer
whereby Defendant agreed to remain employed as a pharmacist for two (2) years
consideration for the payment of a signing bonus. Attached hereto and marked as Exhibit "A"
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
$6,000.00 as a signing bonus.
is
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,
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 01/08/2008, 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 in 1
event of default. In the instant matter, reasonable attorneys' fees equals $1,000.00.
3
WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that
judgment be entered against Defendant BERHANU Y. HANFORE as follows:
a) Judgment in the amount of $8,137.21;
b) Interest at the per diem rate of $0.99 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 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
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, permi
Plaintiff to provide said signing bonus and to incur damages.
17. At all times material hereto, Defendant was unjustly enriched by retaining t
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,
contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff t
quantum meruit value of the bonus amount described in the exhibit attached hereto in the amo
of $6,000.00.
WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that
judgment be entered against Defendant as follows:
a) Judgment in the amount of $6,000.00;
b) Interest at the per diem rate of $ 0.99 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.
Respectfully Submitted,
KEIFER & TSAROUHIS, LLP
DEMETRIOS H. TSAROUHIS
I.D. #88513
Attornez for Plaintiff
21 S. 9 Street-Suite 200
Allentown, PA 18102
610-439-1500
Date: February 4, 2012
5
-01-? 20?SS From:
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AID COR C
=xhibit ",
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. Se-,.
4904 relating to unsworn falsification to authorities.
Demetrios H. Tsarouhis, Esquire
Date: February 4, 2012
6
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION -LAW
~~
RITE AID CORPORATION, ~ ~~==~ y
Plaintiff ~~~`j ~ '
No. 2012-04796 ~' ~'"~ ~? `== -`
BERHANU Y. HANFORE ~'~' ~' ~ ~''~?
Defendant ~ _
~, `~'
~~ -
. ~zooos.oo~
PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR
TERMINATION
TO THE PROTHONOTARY/CLERK OF SAID COURT:
You are hereby authorized, empowered, and directed to enter, as indicated, the following
on the records thereof
A. 1. ^ The within suit is Settled, Discontinued, Ended and costs paid.
2. ^ The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid.
3. ® The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs
paid.
*****
B. 1. ^ Satisfaction of the Award in the within suit is acknowledged.
2. ^ Satisfaction of Judgment, with interest and costs, in the within matter is
acknowledged.
*****
C. ^ Other:
Demetrios H. Tsarouhis
21 S. 9th St.
Allentown, PA 18102
Phone: (610) 628-2440
Fax: (610) 465-8844
Date: November 6, 2012
COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
RITE AID CORPORATION,
Plaintiff
v.
BERHANU Y. HANFORE,
Defendant
No. 2012-04796
~zooo3.ooi
-_ _.__
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the Praecipe
has been served by United States first-class mail, postage prepaid, upon the individual(s) at the
address indicated below:
MARC E. WEINSTEIN
WEINSTEIN LAW FIRM
ONE NORTHBROOK CORPORATE CENTER
1210 NORTHBROOK DRIVE, SUITE 280
TREVOSE PA 19053
i
Demetrios H. Tsarouhis
21 S. 9th St.
Allentown, PA 18102
Phone: (610) 628-2440
Fax: (610)465-8844
Date: November 6, 2012