HomeMy WebLinkAbout12-4797
T OF COMMON PLEAS OF CUP
PENNSYLVANIA
CIVIL ACTION - LAW
RITE AID CORPORATION,
Plaintiff
V.
PATRICK BAKALLI,
Defendant
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PEN?l?t?6EtNSYLVAN A
No.
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NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST T
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITI
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERIN(
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WI
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST Y(
YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT Y
AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTE
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
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS 01
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROS
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.
PATRICK BAKALLI,
Defendant
No.
• 120033.001
COMPLAINT
Plaintiff, RITE AID CORPORATION, by and through its counsel, Demetrios
Tsarouhis, files this Complaint and avers as follows:
1. Plaintiff, RITE AID CORPORATION, ("Plaintiff') is a Pennsylvania busij
corporation having its principal and registered office address at 30 Hunter Lane , Camp Hill
17011.
2. Defendant, PATRICK BAKALLI, is an adult individual resident of NY
maintains an address at 295 COLONIAL ROAD, WEST BABYLON NY 1 1 704-405 1.
3. On or about 10/23/2007, 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 Defenda
$10,000.00 as a signing bonus.
2
i
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 t
Complaint as if said paragraphs were fully set forth here at length.
12. On or about 10/23/2007, 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 $1,250.00.
3
WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that
judgment be entered against Defendant PATRICK BAKALLI as follows:
a) Judgment in the amount of $13,360.68;
b) Interest at the per diem rate of $1.64 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.
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 givin 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 expens?, a
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 $10,000.00.
WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that
judgment be entered against Defendant as follows:
a) Judgment in the amount of $10,000.00;
b) Interest at the per diem rate of $ 1.64 from the date of filing i
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. TSAROUH S
I.D. #88513
Attorney for Plaintiff
21 S. W Street-Suite 200
Allentown, PA 18102
610-439-1500
Date: February 3, 2012
5
Sep. 16. 2008 12:41PM
[ON
=9LI
10/15/2007
Oa'o_i I -f
?No. 6766
\v ?5?
Full Time Salaried Exempt/Passing Exam Required
Sign-On Bonus for One Year of Satisfactory Service
[.Job Codes 78, 79, 88]
Patrick &*W I"
Dear ReIc L0_1 1,
T -
6 J5-1
0
This letter serves to confirm an employment offer from Rite Aid. As we discussed, your employment is at
will, and this letter does not constitute a contract. Rite Aid reserves the right to alter the terms and
conditions of any employment based on the economic climate and its business needs. The following is a
summary of the terms we discussed as our offer:
• You will be employed by the company on a full-time basis as an exempt professional Pharmacist.
You will work in Rite Aid Region #33 in Suffolk County. We will plan your start date to work on or
about 10/15/2007.
• Your biweekly salary base will be $4,320.00 (expressed as a salary) for a biweekly minimum
commitment of 80 hours. This biweekly amount is not subject to reductions due to variations in the
quantity or quality of work performed or for partial day absences for personal reasons. Your sign-on,
bonus is $10,000.00 to be paid within a reasonable period of time upon verification of licensure for
working at the above assigned area only. If, for any reason, you do not complete one full year of
satisfactory service in employment with Rite Aid (12 continuous months of full-time service) at the
specific area set forth above, you will be required to repay the installment received as documented
pursuant to the terms and conditions of the attached Promissory Note.
• If any of the following occur within one year of the commencement of your employment, you will not
have provided "satisfactory service": reassignment from the above area (except where specifically
requested by the Company); resignation of employment for any reason; demotion from pharmacist
position; termination of employment for any reason; disability; death; or failure to pursue, obtain or
maintain required certifications (see below)
As a condition of employment, where applicable, you will be expected to apply for, take and
successfully pass the NAPLEX and the appropriate state law examinations. You must take all
required examinations at the earliest opportunity offered after your acceptance of this offer. It is your
obligation to determine the dates for examination and the requirements for certification and to
produce proof of completion of requirements. Failure to arrange for required examinations at the
earliest opportunity and/or to provide proof of all required certifications promptly will be deemed
unsatisfactory service and will lead to your termination.
In addition, the offer is also contingent upon our pre-employment screening process and verification
that your name does not appear on any federal or state health care excluded party list.
If you are working in a non-union facility, you will be eligible to participate in the Rite Aid bonus and
stock option plans for pharmacists. The bonus program is addressed each fiscal year and is targeted
to the store volume, sales and EBITDA,
Candidate initials
1 of 2
T
Jen.16. 2008 11 21 4iPM
No, 6766 P. '5/8
You will become eligible for the company's medical and retirement plans in accordance with the term
of those plans, as long as you meet the eligibility rules for each plan. As we discussed, these are
excellent benefit plans that are very competitive and that will provide for you and your family.
If you are working in a non-union facility, you will be covered by the Rite Aid vacation program for
registered pharmacists, which currently provides Two weeks of vacation after sixty days of service,
four weeks after fifteen, and five weeks after twenty years of service., if you are an intern promoted to
a pharmacist position, you maj become eligible to receive a prorated amount of earned vacation
based on your years of service upon completing four (4) consecutive pay periods after your promotion
date. After the four (4) pay periods, periods two, three, and four will be used to determine eligibility.
The prorated amount of earned vacation must be used prior to the end of the pay period preceding
your next anniversary date. You will receive a full year's earned vacation from the start date of the
pay period containing your next anniversary date. This vacation must be used prior to the end of the
pay period proceeding your next anniversary date.
• This offer expires 14 (fourteen) days from the date on this offer.
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.
As we discussed, there are great opportunities at Rite Aid, and i believe you will enjoy being a part of our
team- I look forward to working with you.
Sincerely,
Date J p/g 3 Jp ?- Pharmacy District Manager
D?rint Name
I HEREBY ACCEPT THE TERMS OF EMPLOYMENT SET FORTH HEREIN,
%G f? c /? 2 3 6
Associate Signature Da e
GK. Z, ?i
Print Name
Associate Social Security No.
Si - Tp?{AJ S (?•y?t"'5 ! i
School of Pharmacy
2of2
?FP. 16. 2 0 0 8 12,41P'V
nm
A10,000-00 total dollar amount) PROMISSORY NOTE
Nc. 6766 P,
i Promise to Pav. ( Patrick Bakkali SSAt (" Maker'") promises to pa> to the order of RiTE AID HDQTRS.CORP or its
assigned Affiliate (--Pa%cc-). the following sum: the gross amount of the bonus paid to maker. Such payment shall he madr in actor arse with
the terms and conditions of this Promissor. Note ("Note"). the Rite Aid human resources policy and the offer letter or agreement delis ,red to
Makcr ht Payee (the "Offer letter") and any other terms set fonh in am other documents describing bonus sums and or loans issued t Maker.
including Commitment Agreements.
2. Forgiveness of fndebtedn cs All indebtedness evidenced by this Note shall be forgiven when Maker completes the term of
Service" provided in the Offer Letter,
3. Pavment Terms. in the event Maker does not complete the tern of "Satisfactory Serv ice" provided in the Offer Letter, the Maker evil repay in
ILII the amount set forth in Paragraph I hereof in one pavment within thirty days following the daft of Maker's separation from employ cot with
Pavec. Payment shall be mode by personal checks and/or money orders. payable to'-Rite Aid' and should he sent to Payroll Departntc it. Payroll
Representative L RITE AID. 200 Nctybcrn. Commons, Etters. PA 17319.
Default. ,Maker's failurc to pay am sum hereunder tt hen due or to otherwise comply with any temt hereof shall constitute an Fvcnt rill croon
hereunder, If yin Event of Default shall occur. Makcr shall pay interest on the remaining outstanding principal indcbminess tit the rate 'six
percent (6%) pcr annum from the date oflhe (:vent of Default. In addition. Payee may exercise any other rights and remedies provided 'aycc at
tau or in equity.
?. Determination of Amount The unpaid principal amount of this Note and the unpaid interest accrued hereon. if any. shall at all times I
arscerlained Isom the records of Payee_ which shall be conclusive absent manifest error,
h. RightofSetofL If the Maker tails to pay when due anv sums owing to the Paycc. the Payee is hereby authorized at any time and from t w to
time- w ithout notice to the lvlakcr tam such notice being expressly waived by the Maker). to setoff and apply any and all sums due and twi ne from
the Pa. cc to Maker, against any and all of the Maker's obligations now or hercti ier existing io the Payee under this Note. The Payee age'cS
promptly to notify the Makcr after any such setoff and application: provided. however. that the failurc to give such notice shall not uffcct the
validith ol-such seioff and application. The Payec's rights under this Section me in addition to any other rights and remedies that the Pay ,e may
have as provided under this Note and under law and equity.
Costs of Colle tlon. If this Note is placed in the hands of an attomcy at law for collection b\ reason of"deiouh on the part of Maker. Ma er hereby
agrees to pay all actual cxpendittucs incurred bt Payee in any attempt to collect any amount due under this Note_ including of I costs of Ic J al action
and reasonable attorneys' tees.
K- Waiver gad Modification No waiver or modification of the terms of this Note shall be valid unless in writing. signed by Maker and Pa cc. Any
modification shall he valid only to the extent set forth in writing.
9. Notices, All notices, requests, demands. directions and other communication undcr the provisions hereof shall be in writing unless oche isc
expressly permitted hereunder. shall he sent via telecopy or express delivery service requiring a signed receipt. or hand•dclivercd. and sha I be
effeeiit e w hen sent.
10 Wa;v r platter Trial MAKER WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACT10N OR PROCEEDING; iN$TITUi'L:D IN
RESPECT TO THIS NOTE.
I f • Governing Law; Jurisrlletion• Venue. this Note shall be governed bv. and mnstrucd under the laws of the Cornmonwenhh of Pennsyly nia.
nrcluding the Uniform Commercial Code, as enacted and in force in the Commonwealth of Pennsylvania. This Note shall be deemed exec ted in
Camp Hill. Pennsylvania. and the Court of Common Picas of Cumberland County, Pennsylvania, or. where applicable, the Federal District Court
for the Middle District of Pcnns± hania• shall be the exclusive venue and have cxclusivc_iurisdictien for any and till legal actions commenced in
connection \%ith the Note or the debt which is the subject hereof. and any claims arising or related thereto.
12• Severability, if any covenant term or condition of this Note or the application thereof shalt to any extent he invalid or uncnforccabic. the alidit_t
of the remainder of this Note shall not be affected thereby- and each covenant. term or condition of this Note shall he valid and enforceable o the
tulles! extent permitted by tact
I? Successors and Assigns This obligation shall hind Maker and his or her successors and assigns, and the benefits hereof shall inure to Pavcjs and
ilk successors and assigns.
IN WITNESS WHCRCOE, Maker has duty executed and delivered this Note as of the date first above written.
WIT-NC,- ' MA!' . ??
-ncd Affil
RITE AID HDQI'R5. Cory. or its assigned Affliatc -
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 clie t.
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. See.
4904 relating to unworn falsification to authorities.
%/? os%
Demetrios H. Tsarouhis, Esquire
Date: February 4, 2012
6
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RITE AID CORPORATION,
Plaintiff
V.
PATRICK BAKALLI
Defendant,
No. 2012-04797
120033.001
PRAECIPE TO REINSTATE
KJ) ? "
tom) - C:'J
,,.n
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly reinstate the above captioned Complaint.
1
DEMETRIOS H. TSAROUHIS
Attorney for Plaintiffs
Attorney ID # 88513
21 S. 9th Street
Allentown, PA 18102
DATE: January 22, 2013
1?? n
??ags?Ps
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
RITE AID CORPORATION,
Plaintiff
V.
No. 2012-04797
PATRICK BAKALLI z
CD
Defendant, I
120033.001 ynm3
Fi
�'C) •_.
PRAECIPE TO REINSTATE =~c '�
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly reinstate the above captioned Complaint.
DEMETRIOS H. TSAROUHIS
Attorney for Plaintiffs
Attorne� ID# 88513
21 S. 9 Street
Allentown, PA 18102
DATE: May 23, 2013
I do hereby certify that the within
is a true and correct copy of the
original filed in this action.
Demetrios H Tsarouhis
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
RmnnyR Anderson F!iED-OFFICE
Sheriff
�
JodyS Smith T�cPOTAO
�01 I AR
Chief Deputy HH3 uUL 18 "M |R' 00
Richard VVStewart °r'� �;#� [UMAERLA14D COUtGY
Solicitor V4�CE p`wsSKnIPp PBINSy[VAN\/\
Rite Aid Corporation
vs. Case Number
Pathok8akaUi | 2012-4797
|
SHERIFF'S RETURN OF SERVICE
06/06/2013 Ronny R Anderson, Sheriff, who being duly sworn according bo law, states that ha served the within
Complaint& Notice upon the within named defendant, Patrick Bakalli, in the following manner: On June
06, 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 295 Colonial Road, West Babylon, NY
11704. The certified mail was returnted by the USPS on Friday July 12, 2012 as unclaimed after three
attempts cd delivery were made.
SHERIFF COST: $34.31 SO ANSWERS,
July 15. 2O13 RONWR ANDERSON, SHERIFF
(c)coun*Suil°Shedtf,meosoft,Inc,
L �
P- TCrt
)F CUMBERLAN �'�� Grv'! 3,i 08 _o
If The Sheri •, 7007 0710 0003 2210 3436
;e Square, Rm. 303
:nnsylvania 17013
Patrick Bakalli L`'
295 Colonial Road
West Babylon, NY 11704 I ;
I C �
(
73 S, #_ 17•,; f'!'t3 il.a't¢i l., 37f <. 1...:7 a• .7
• ,. 7SIgnature Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. ❑Agent
® Print your name and address on the reverse ❑Addressee .
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery '
' ■ Attach this card to the back of the mailpiece,
i or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
Patrick Bakalli C�
295 Colonial Road
West Babylon, NY 11704 s. service Type
❑Certified Mall ❑Express Mall
❑Registered ❑Return Receipt for Merchandise
❑Insured Mall ❑C.O.D.
i
4. Restricted Delivery?(Extra Fee) ❑Yes
i
r
2. Article Number
7007 0 710 0003 2 210 3436
i
--(Transfer-from serv/ce label) T— - _.
- - 1
102595 o2-M-15ao
PS Form 3811,February 2004 Domestic Return Receipt I
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RITE AID CORPORATION
Plaintiff
v.
PATRICK BAKALLI
Defendant,
•
•
: No. 2012-04797
120033.001
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly reinstate the above captioned Complaint.
DATE: August 13, 2014
DE ' TRIOS H. TSAROUHIS
Attorney for Plaintiffs
Attorney ID # 88513
21 S. 9th Street
Allentown, PA 18102
I do hereby certify that the within
is a true and correct copy of the
original filed in this action.
Demetrios H Tsarouhis
00,‘,�- s I I . -/Spy. a.
thl
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