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Home My WebLink About12-4799RITE AID CORPORATION, Plaintiff V. RENE ACEVEDO, Defendant F COMMON PLEAS U UUMISF,iu PENNSYLVANIA CIVIL ACTION - LAW No. a,(4 I NOTICE TO DEFEND FICE NOTA C'eviWo 2012 AUG -1 Al t l - Q j-stlMBE Y ? pMl MI LO PEN Give 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 WE 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 Y( AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHI 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 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 1 0 s1u3: OnO 1 00( L?a a-1 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RITE AID CORPORATION, Plaintiff V. No. RENE ACEVEDO, Defendant • 120134.001 COMPLAINT Plaintiff, RITE AID CORPORATION, by and through its counsel, Demetrios 1 Tsarouhis, files this Complaint and avers as follows: I. Plaintiff, RITE AID CORPORATION, ("Plaintiff') is a Pennsylvania bush corporation having its principal and registered office address at 30 Hunter Lane , Camp Hill 17011. 2. Defendant, RENE ACEVEDO, is an adult individual resident of NY maintains an address at 3323 9TH STREET, ASTORIA NY 11106-4901. 3. On or about 11/29/2007, Plaintiff and Defendant executed an Offer whereby Defendant agreed to remain employed as a pharmacist for two (2) year; consideration for the payment of a signing bonus. Attached hereto and marked as Exhibit " i 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 Defen $5,000.00 as a signing bonus. in 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 to 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 11/29/2007, 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 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 RENE ACEVEDO as follows: a) Judgment in the amount of $6,008.22; b) Interest at the per diem rate of $0.82 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 givino 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 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 tl quantum meruit value of the bonus amount described in the exhibit attached hereto in the amou of $5000.00. WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant as follows: a) Judgment in the amount of $5,000.00; b) Interest at the per diem rate of $ 0.82 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 o1tJ A ? 4 -k , h ? DtMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9t Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: February 3, 2012 5 November 29, 2007 Rene 33-23 ?t l=,NY III -fiSr Dear Rene, This tatter serves 10 Conft the O"44by,wt is at *in ter" We dlsp? letter does not oonst>t?e a Y conew As ? dtecueReed Your our offer . The s'mmary of • Your ?' r*?enifion bonus is *"*r of ned p? ? 000.00. $5400 00 to be paid V**In e ft M docwrenia? p iartt to the M wAt be nqw two ful yew of p tkne - J1 • This of far e ? ?s of the esc?,,ed s 14 (fourteen) days from the date on this o%r. Note. I"= - y/ ambit " P " qjN? SIOA o.oo(eotal dollar amount) PROMISSORY NOTE t. hn-kalu. Data' November 29 M7 lDQ7 R9.C with thar Ib 1e CA4'ae"), the ibUow ) Promises to leans acxotdtatrae whh the s aed oonditiotmt of this Pion, In8 Sum: the grOq a f PsD' to the order of ttM AID to Makes by Payee (the "Oflbr Letter Note the Rice Aid htnnea ' Such Payment s>rdf be A made ID in Make. including ComtmitmeM /Igr ents. ") and any other terms set f? the t any other r?emweea Polley Hneoft let or documents describing bonus sums loam agreas t to 2. and or All IndoWedness in led Serrioe" mnmlded In the Other Lead. ` by this Note steal, be forgiven When Maker cattpIces the tams of"Ssthfeemn, 4 In the 13 tLif the amount 54 forth ehi. vent Maker does not comptets the tam of "Bali SActory Payee. Pi4 rr W sIWI be ?? chod. PeY "within "V *9 p? " ?? f the Otter Left er. yK Maker win repay 1 ReProaemtative I, RITE AID, M& by 200 Newbary Cpn 'td4Rey "d@M peyabk to "R the ? O shotdd M he et'a se pay tin ? Wtb 4' 26114 Maker's tlaiture to pay Ettera, PA 17319. aeM to Payroll DepargnjK pa 11 hart under. franEventofDOMIt any W rn Sunda wben due or to odwr*isa comply with Pitt (6Y¢}-Per atunnn horn the date of M*W WWI pay i? any tarn hereof WW1 cosstiinm an EMU of Deihl ining Per or in egktity, the yet Of Default In ddigpm, pays MAY ? outstandins ftVbD ? ixlneipai Irrd*? at the rate orsix S. y otlxr rigfnta alai remtedia provided Payee ftofn ro?ordS of Fhyt . which"be eanctusive ab ant moanli interest 'd won, if any. sMlt at all 11 t'' 109 If the Maker US to pay what duespy min time' be After t I' PayaeetoMaker. 801" any and ail Mich ' ?a owin to the payet Me gg UMUIY by dx Make Is hereby authorized at any time and Psroniptly to notify the Maker aRer ac Mak? o?ignio s now or herea?r pti ? aU awns d ? ? m Oftk s#ty of such wolf and i my such aetofF aDDI»ian; Provided, howevor, that the failure to give attcb Note. he 1'eya my other have as provided under this Note and T11 PIVIC s rights this Seaton are in adds reface shah not agrees under law and rage}ty Hon to epee! the 7, rights and rernedies clot the pay., Holy ' If this Note is placed in the hands ofn attorney at law for Sit actual agrees And ?to pay ay a attorneys f rdituros Incurred by Payee in any attzrttpt ps etion by reason of deflntlt on part of M? bereb, the M? this Wsiaar.?.t aa?,?_.. Not., V all oasts of Ieg? scum modififeacton shall be No waiver or maditltation of the temps of Note shall be valid unless in writing, signed by Maker and Payee, Any 9. All notices, masts„ demands, dimcdons and other coannnnIcatio effective when sent or Press 71, requ[rtng a signed tncaim or hand delir 10. erect. and shall be RESPECT'ro THIS NOTE MAKER WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR pROCEEpINO fNST17 U i gD IN it. inctudirt>)n UmiPomt onanpr al This Note shall be governed by camp Hat Pennsylv+mC ia, and &c Cam, as enacted and in farce in the Comand m ?tda the news of the Commaawaalth of for the Middle District or p °? ofCommn pleas of Cumberland wafth of PennsylvauHI This Note Shall PermsYlvattia cl "' Pennsylvania, or, whera 8PPHc*W the be des exavted in connection with the Note or ifierydeb which is the exchnsiva nd and Co have ex ve Jew hereof, and any claims arisingusiorf ?y for my 12. , °f the minder of this Now y and an legal as oomr?n1mdd i If any covenant, term orconditipm of this Note orthe aPPlication shall net be ?n,,,,?? dxmW stall to fullest extent Permitted by 1v;. " eteby; and each cav any extant be Invalid or . mot, term or onnditiom of thls Note shall be +?n€oneable. the validit?• 13, valid and enforceable to the lima its sueee 2 Sod ?? This obligation shall bind Maker and his or her successors acs assigns and the ba?efits hereof shalt inure to PS Y IN WlTNF,S?S WHEREOF, h 3 and r has duly executed and delivered this Note as of the WITNESS l date first above'ritten. I MAKER RITE A Corp. M Vied AlMiste Exhibit " ___" VERIFICATION I, Demetrios H. Tsarouhis, attorney for Plaintiff, verify that the statements contained i the aforementioned Complaint are true and correct based on my communications with my clien I make this verification because my client is unavailable to sign this document at this time. 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, Plaintiff V. No. 12-4799 - 4 RENE ACEVEDO r Defendant, -<3> AJO 120134.001 d "CI r 3 PRAECIPE TO REINSTATE v 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: April 16, 2013 I do hereby certify that the within is a true and correct copy of the original filed in this action. r Demetrios H Tsarouhis x«.15 j 01 a 8c -1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,;kcr xr h sr r+ter, rt�f -.0-K -2-r Jody S Smith ; t`T i--P Chief Deputy -- -0 r-xY Richard W Stewart -<> Z7 CD . >c�eG4F �ISt= 1 �= Solicitor CD Rite Aid Corporation Case NumberT vs. 2012-4799 Rene Acevedo SHERIFF'S RETURN OF SERVICE 04/29/2013 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Complaint&Notice upon the within named defendant, Rene Acevedo, in the following manner: On April 29, 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 3323 9th Street,Astoria, NY . The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an adult in charge(signature illegible) on May 6, 2013. SHERIFF COST: $34.31 SO ANSWERS, May 10, 2013 RON R ANDERSON, SHERIFF (c)CountySuito Shoriff,TolEmoft,Inc. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. /fir • Print your name and address on the reverse X / ❑Agent so that we can return the card to you. Addressee • Attach this card to the back of the mailpiece, S. Received by(PrrntedName) of Delive or on the front if space permits. ry fI. Article Addressed to: D. Is delivery address different from Item 1? O Yes If YES,enter delivery address below: ❑No Rene Acevedo - 3323 9th Street Astoria, NY 11106 ~.�•. — —� 3. Service type ,! ❑Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise �`� ❑Insured Mail ❑C.O.D. 2. Article Numb 4. Restricted Delivery?(Extra Fee) E3 Yes Number --- -- - - - -— - (rrans�er from service labeq 7 0 D 7 D 71`D D D 03 22? 10 3306 ' PS Form 3811,February 2004 Domestic Return Receipt 10259502-M-1640 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW RITE AID CORPORATION, c7 : Plaintiff c_ V. f-- No. 12-4799 -�c RENE ACEVEDO, � Defendant =o per' 120134,001 ✓ C) 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: By: -- Demetrios H. Tsarouhis 21 S. 9th St. Allentown, PA 18102 Phone: (610) 628-2440 Fax: (610) 465-8844 Date: July 18, 2013 4 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION, Plaintiff V. : No. 12-4799 RENE ACEVEDO, Defendant • 120134M1 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: Arvind K. Galabya 1131 Sutter Avenue Brooklyn,NY 11208 By: - Demetrios H. Tsarouhis 21 S. 9th St. Allentown, PA 18102 Phone: (610) 628-2440 Fax: (610) 465-8844 Date: July 18, 2013