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Home My WebLink About12-4798IN THE COURT O PENNSYLVANIA CIVIL ACTION - LAW RITE AID CORPORATION, Plaintiff V. LONNIE F. BAMBAS, Defendant .., " ICE' N0 RY a 12 A'uU AM 1126 ' 1-UMBt?NSYI.VAN1 lily ,n. No. b? C/7 ad! NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WIT: TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERIN, WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING W 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) AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTI 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 OI CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIl 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 A a rL5?pi am C k UWA S 4,977717 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW RITE AID CORPORATION, : Plaintiff V. LONNIE F. BAMBAS, Defendant No. 110638.001 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 busil corporation having its principal and registered office address at 30 Hunter Lane , Camp Hill 17011. 2. Defendant, LONNIE F. BAMBAS, is an adult individual resident of SC maintains an address at 6622 ARCADIA WOODS ROAD, COLUMBIA SC 29206. 3. On or about 07/06/2006, 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 $20,000.00 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, 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 07/06/2006, 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 event of default. In the instant matter, reasonable attorneys' fees equals $0.00. 3 WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant LONNIE F. BAMBAS as follows: a) Judgment in the amount of $24,717.81; b) Interest at the per diem rate of $3.29 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 t 's 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 - - T--- 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 amo t of $20,000.00. WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant as follows: a) Judgment in the amount of $20,000.00; b) Interest at the per diem rate of $ 3.29 from the date of filing t is 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 (7) DEMETRIOS H. TSAROUH Date: February 3, 2012 I.D. #88513 Attorney for Plaintiff 21 S. 9 Street-Suite 200 Allentown, PA 18102 610-439-1500 5 J! r 31?" X06 08:11' From, 7a s 504 t3B3 5624 Iff" r 7(W) VET?-UNS MEMORIAL gt.VD, MFrAIRIL:, LA '!01X)3 July 6, 2006 Lonnie Bambas 685 Providence Main St Huntsville, AL 3S806 Dear Lonnie: This letter serves to confirm an employment offer from Rita Aid. As we discussed, your employment is at will, and this letter does not constitute a contract. 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 profosstanai Pharmacist, You will work in Rite Aid Region #70, • Your blwoekly salary base WHI be $3,669.75 for 3 biweeldy minimum commitment of 73.5 hours. Your sign-on bonus is $20,000.00 to be paid $10,000,00 within a reasonable period of time upon commencement of your employment and 510.000.00 after completion of the first full year (12 continuous months) of employment. If you leave the employ of Rite Aid for any reason prior, to completing two full years of employment, you will be required to repay the Installments receltved as documented pursuant to the terms and conditions of the attached Promissory Note. • This offer is contingent upon passing the NAPLEX and the appropriate state taw examination where applicable. In addition, the offer Is also contingent upon our pre-employment screening process and verification that your name does not appear on tiny 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 pharmackts. The bonus progrt}wm-c +Bu- EaM fiscal year and is targeted to the store volume, sales and EBII'DA. • You will become eligible for the company's medical and retirement plans as early as permitted pursuant to the terms of those plans, as long as you meet the ellgibility 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 alto Aid vacation program for registered pharmacists, which provides for two weeks of vacation after sixty days of service, three weeks after five years of service, four weeks after fifteen years service and five weeks after twenty years of s"ce. • Benefit eligibility will be dependent upon quarterly monitoring, which calcul'tes average hours worked per week based on the proceeding 14-week period. • This offer expires 14 (fourteen) days from the date on this offer. As we discussed, there are great opportunities at Rite Aid, and l believe you will enjoy being a part of our team, i look forward to working with you. Sincerely, Tammy Rogers, H Assoaat 31gn w/Date Regional Pharmacy Vice President 07/31/2006 NON 07:16 tTX/RX NO 90641 JUL &A CTO/6001 --!_? 30T.4.40 NOMW V704 POO bna VV4 "-r-EX-rno Z`3 1002 f JUG 31- 0 t i 608 11 Frain: Tot 504 (383 5624 1?1 3/,3 sxa,+xta,nn PROMISSORY NOTE Date; 7/6/06 I Yran ` ' I ttnnir f)uoniifrx (` M?tker') pmtttiros it, tiny to rho order of RIT9 AID CORPORATION ("Payne"), the kdlowia ruin: 52(1,iN)fI.01f Iho art top nntnunt ol'thd hinu.-t natd to Mnkar Such rnyrnent.hntl he ?ruttie In acevrdance with the ferns nrui conditioner of Ihis Prontissory Ntsc ( "Nine"), the Itlte Aid human resoureor policy find the cols )titer or ngratment do] Ivared to Maker by Payee (the" Otft:r Leila") fund tiny other turmx net 11trth in any other ducumen?s dudorihing bnous suats and fir loans texuod to Maker, including, Cemml?mwtt grueniantx. or v " IL919L All indthtethress evidence=d by this Note shah bo forKivon when Milker enntplo+oc rho lens or"Sttrl thetory Service" pmvidod in the O er Leifer Pnvrneal Tot=. In live event Maker dnus not complete the term of "SnliNfitein?y Se viuo" provided in the Off'br Lauer, die maker %dfl re Nil the untuwtt bet rarth to Paragraph I hereof in one pay lit Payee. Payment shall be made b pnymt:nt wiiLin thirty days 1'ollowhtt; the data of Mnkar'ti rhtpatation from tunp aymc?tt wiUr y Jwmumd uhuuks andAw money etr4art. payublo to Rite Aid Ct wrulitm dioutd ho lam to the a Ilan or vlee Pre4ldurtt Human ResnurceN Adrninistrttion/Hutnnn Relu)ureatt Daliaruttent, RI I E Alp CORPORATION, P.O. Box 3 ins, ttarelabw , PA 17101. 4. Def?utr. Makor'N tbilure to pry any xum tigmundcr when due or to nthetwist: comply with ally term horeufahall ctxuttitute an Event of Dcldull hom-uttttot. II'un wont or U6R?uii shall otxvr, Maker shall pay tultxust tin dtu remaiuirng outstanding principal indebtedrrew at the rte a tstsir rcraextl (6`4) per annual I`mrn the date or the Event or Uol'aull. In addition, Puyce may ext:rcift any other rights and remedies prove •d Isayuu ill inw or in equity. s. Uatt rTrtlonttna of Arntatnt Thu unputM principal amt?unt of this Now and the unpaid Intarot,t wrurxl bereert, it-any, Shull at all times be axe, rtnint d Ihnn the rt:curdr v rPnyeL, which witru iv wtncluNive absont maniiltit error. 6- FUJI 4l,off 5i9 off If Unc Maker Ibj Ip u) pity when duo nay auras owing to the Payee. the Payee it hertty nuthnt'ized at any time and fro n time to lime, without nor Ice ?o die Makcr (nny such notice being exprowly waived by Iho Maker), to sera and apply any and nil sums dun d owing front the: Payee to Maker. aguinyt any find till of the Maker's ohliptions now or hcreaAer cxisditu It) tlto ('ayerl under this Nutt:. The Paydo agraakl promptly to nority rho Maker nfler tiny xiu-:h w:u,frnnd application, provided, howtwer, that the rni)um to give. u ch not[ee nhnll not al ccl the wilidity ofsuch setoff and upplicutiou. 'Ilia Ptiyao's rights Linter this Stvilon are in addit)trtt it? tiny udder rights and rcti)wdies that the 'nyoc nttty Itttva nN pn,vided under thin Noleand under law and equity, 7. Coats of Cullectien. If this Note is placed in the hands 411' art nu6mey at law 1161' CAII ctlnn by rorlwi ofdothult on tha part il' Maker, akur hereby Ilan-oi fit pity fill aclurd expenditures incurred by Payee in any urtu npi to uttiluut tiny etnourn due under 41iix Mile, including all uusls (legal action find ruuonnhlc nlturneys' fees. $. Wtilver if nil MotlinentlnrlNu waiver tw rtttrditicatino or the tornty of this Notts shall he valid unless in writing. Agnud by Maker ant Puyae. Any moditiwttion ahnll be valid only to Lire uxtuut net Iisrth in writing. `?• Natleex. All onticor, requests, damtuids, direct fons and fit liar cunnnunioution under Ufa peisvidnnr hereof shall be In writing unlerat herwiso dtpre ftlt permitted lwaund&,, shalt ; 'Oh. tWWWor'ttprrm dctivcry vavice requiring a ttiyned racaipt, or hand-deiiverod, fit, shall txs el-Twdvu what rent. iD_ Witlver nf,lurv Trial MAKER WAIVES ALL RIGHT 01111AL AY JURY IN ANY ACTION OR PROCEEDINO INSTITUTEI[ IN RCSPECII-l O TI its 1%10113i, ! t. Guvernlna I.awt .tart".u all, it I Venue. 11t& Nato shall he governed by, and ttonstn++?d under dta laws of the Commonwealth of Patin 1wilia, including the iiiiihrnn Cutni,,L"ihi C'ekle a1': enaettxi and in table in the Cummttnwatllh afPauntsylvnnto. 't?tla Note shall hedoenied xcaulal in l4arr6hurg. Ponnsytviurin. and the Court ol'C'tttntntrn Pleas or Uouphtn County, Punnaylvnnia, or, whore applicahlu. the itetfeW DisrN Court fur the M iddiv Dixtritx of Pcnnyylvtmia, xlrtdl he the excfublve vonue and have exulusive jurittdiatinn for any and all [up( nctioltfi w,annten *ad in enntw,f letn with this Note or thu dohl which fit life. WuMjaej herein; and tiny claims arisinu or rchiled iltareus. fa S veta? t?h? illty, I f any covenant, LL m or condition ul'iltin Nine or the applicutimt thercul'shrlI to tiny extent ha invalid fir um nl'orctabi ha valldlty of the romninder of"thi,t Note ahnll not he ani:cred thereby-, and cuoll covutnrn, oann err cnndlrlnn of this Note rthall be vnnti cold tntfurc ble In the fullest cxlent ptxtniluxi by hew. 11 R??ceoatiorts sad Andant=e 'I1tis nhligndon shall hind Mnkar told his tw I?er suut.-assorn and assigns, and the hmtoths hereof shall inure itt? payee and its sucuoatirx and atntigns. I IN WITNUS Wi ERt OF, Milker hac duly executed and dolivorod rhim Norte: ni ofthc Bute Onti. shove written. WI'I'Nt?$J ? ?KEIi ? RCI`E All) COR RATE N MAtift 07/31/2006 RON 07:16 [TX/R% NO 86641 003 PTA /ennPh glT,r,rn tanTgW a70d 00 0 1660 VV4 Tian tnit;-, b7 ian 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 myrcli 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. Date: February 4, 2012 Demetrios H. Tsarouhis, Esquire 6 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RITE AID CORPORATION, Plaintiff c� w -rr V. No. 2012-04798 LONNIE F. BAMBAS Defendant, 110638.001 --G PRAECIPE TO REINSTATE 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: April 16, 2013 I do hereby certify that the within is a true and correct copy of the original filed in this action. Demetrios H Tsarouhis D A a� r SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2 Ronny R Anderson -*i= r t _r Sheriff rn wto r-Jody S Smith " Chief Deputy C. _ r —it-- < x- Richard W Stewart Solicitor 4F'CE OF,!•E sllEr4tFF Rite Aid Corporation vs. Case Number Lonnie F. Bambas 2012-4798 SHERIFF'S RETURN OF SERVICE 06/26/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint&Notice upon the within named defendant, Lonnie F. Bambas, in the following manner: On June 26, 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 6622 Arcadia Woods Road, Columbia, SC 29206. The certified mail was retuned the the USPS marked "Return to Sender, undeliverable to forward". SHERIFF COST: $39.31 SO ANSWERS, June 26, 2013 RONR ANDERSON, SHERIFF 4 COUNTY OF CUMBER "`' Office of The Stu 7007 0710 0003 2210 3320 1 Courthouse Square, Rm. 303 Carlisle, Pennsylvania 17013 0)1 Lonnie F. Bambas tubas 6622 Arcadia Woods Road Columbia, S - - Lt i_ t frR, t � tC< RORWAR[ 2920E:$1331