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HomeMy WebLinkAbout12-4802 7- ED-OFFI', IQ" THO ©TARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND?CQU PENNSYLVANIA CIVIL ACTION - LAW z' AUG 12 '? 1 3 RITE AID CORPORATION, Plaintiff V. WALID S. BEIROUTY, Defendant No. - y $va NOTICE TO DEFEND OMSERLAND( PENNSYLVP A eivi . I 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 01 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 I C ? j?A A .7Sp? a '(0 3 -,7-791 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW RITE AID CORPORATION, Plaintiff V. No. WALID S. BEIROUTY, Defendant 120017.001 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 corporation having its principal and registered office address at 30 Hunter Lane , Camp Hill 17011. 2. Defendant, WALID S. BEIROUTY, is an adult individual resident of WA maintains an address at 14310 E 3RD COURT, SPOKANE VALLEY WA 99216-2103. 3. On or about 11/15/2006, 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 p?i 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 i Complaint as if said paragraphs were fully set forth here at length. 12. On or about 11/15/2006, 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 t event of default. In the instant matter, reasonable attorneys' fees equals $2,000.00. 3 WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant WALID S. BEIROUTY as follows: a) Judgment in the amount of $25,869.59; b) Interest at the per diem rate of $3.29 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. hi COUNT II Alternative to Count I - Unjust Enrichment 12. Plaintiff incorporates the allegations of every paragraph enumerated above t is 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 $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 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 DE ETRIOS H. TSAROUHIS I.D. #88513 Attorne for Plaintiff 21 S. 9t Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: February 3, 2012 5 !2CINOV. 2. 2007zi' 5A01.n1 CRITE AID HR REGIO 2a-fib xr:c3 rrom:KITE Alu ?1DIurr1\iC ceA+ 587770 9 4 02:07:07p.m. NO To:SO36729095 4 j-2006 1/2 a 11/3/08 Warid 8e1routy 14310 t3. Yl- c Spa Do This letter serves to confirm an employment offer from Rite Aid. As we discussed, your employment Is at will, and this letter does not constNvte a contract The following is a summary of the terms we discussed as our offer. You will be wnployed by the company on a full-time beefs ore an exempt professional Pharmacist You will work in Fine Aid Region 044 at store $5387. We WIN plan your start date to work on or aboutl I/1108. Your vase compensation well be 550.00 per hour. Your sign-on bonus i9 $30,000 to be paid $10,000 after completion of the first full year (12 continuous months) of employment as a futl- Urne pharmacist, $10,000 after completion of the second fun year (24 =Unuous months), and $10,000 after completion of the third lull year (38 continuous months) of employment as a full time pharmacist If you leave the employ of Rite Aid for any reason prior to completing throe full years of employment, you will be required to repay the installments received as- documented purvUent to the terms and conditions of the attached Promissory Note. • This offer la contingent upon passing the NAPLEX and the appropriate state law examination where applicable. In addition, the offer is also contingent upon our pie-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 i9 targeted to the store volume, sales and E6l'TDA. You will become ellgibie 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 eUgibifity rules for each plan. As we discussed, these are excellent benefit plane that are very competitive and that will provide for you and your family. • If you are woadng in a non-union facility, you will be covered by the Rite Aid vacation program for registered pharmacists, which provides for two weeks of vacation after sixty days of service. three weeks after five years, four weeks after fifteen, and five weeps after twenty years of servICe, • This offer expires 14 (fourteen) days from the date on this offer. As we discussed re a great opportunities at Rho Aid, and i believe you will enjoy being a part of our team. I b fo to waking with you. Sin y R"' " Pharmacy Development Manager Mike Love LXhibit r- A?Ssoclate Signature/Date i i ?S438120NOV 2. 200?zi'i I6A01on1 CR1 ?. AiD HR REG 0 02:0 a NOV-26 cv'Ob t IL , z p.in. V:C r,4 2006 ?,z GJ r tom. rti i'E A To: Sb?b fi^J[ry5 I t? PROMISSORY NOTE DOW 11/3/m 1. Promhet 0 tn. Wallet Be" 048W) promises to pay to the order of RI7'B AID CORPORATION ("Payne"), the following turn: the gross unseats of midift 14". Such payment shall be mode In wwordartao wl h the terms and oondhlons of this Protnissoty No e ('Nate'), the Rho Aid human ?saoureea policy and the ofhr losses or agreamenl delivered to Maker by Poyoo (thee "OA'er Lease) end any other (Crites feet forth In etty odtar dwuntents desadbing bonus sums and or loans issued in Maker, Including Comnafimerit A;rdarr enui. 2. FaEtWanaaa = All indebmdriess evidenced by this Note shall be forgiven when Maker comptetev the (twin of'Sativibetorry Service" ice" provided n the O sr Leder. 3. Ra,Xonat Teresa. In the event Maker does notcomplaw the teem of'Suusiuroty Scivica" provided in the Offer Letter. (fie Maker will y In tell) the amount actin ra veruph I hortorin unit paytnatt whhin thirty days lbilawiog the duke ofMake es separation from employ with Poysa Paymcn(401l be made by personal t>fuaoks endformonry ardoM payable to "Rite Aid Corporation" should be sent to the Attention f Vitae Prosidont Human Resource AdminlsuationnInman Rtaloeu+te+I MNrutiCal- ArM AW CORPORATION. P.O. Bear 316.4. Harrisburg, VA 7105. 6. j1 llaml Maker's Whim to pry any sum hereunder when duo or to othorwi* comply with any term heteol' shell conatitute an liven( of De tuft heretindea If un event of Default shall occur. Maker shell pay i filma on the remaining outsuuldin` principal Indebtedness tt the rats ors pesaent (W) par srnuim tFom the data of the livont of Default. In addition. Payoo iney oxercito any other rights and remedies provided Pa at law or In equity. 5• The unpaid principal amount of this Note and the unpaid interest accrued hereon, it any, shell it all 1Hna be astxnained arm ate rsseortis of Payee, which shall be e0nolwtive abtemt monill;st stmt. b• BjiiLjljV " If the Maker tails to pay when due any stems awing to the Payoo, the Payee is humby authorized at airy time and ftM then to 11ITM without notice to alto Maker (any Stich 1101149 being expressly waived by the Mahcr? to setoiTanti Apply any and all Burets due mud-o gilom the Payee to Motto. tgalnst any and all of tlhe Maker':( obligations now or hereafter extolling to the Payee under this Nola. The Payee ogress Promptly to notify the Maker attar any such sarotTand application; provided. however, that the White to give such notice skull not oilbrt IN validity of such aetoffand application. The Ptyceit rights under this Section ant in addition to any other rights and rctnedies thul tha Psye a ay have eta provided uttdw this Note and under taw and equity. 7. Castes oP ttloetit<,. If this Note Is pieced in the hands of on aaarnay at Mw Par collection by raxon of dorault on the port of Maker. Maker emby agrees to pay all actual mietsditurcy Incurred by Payee In any attempt to collect arty amount due under this Note, including all emu of logo) on aid reasonable tuorneys' few. a. No waiver or modiflentioa of tho terms of this Note shall be valid unions In writing, signed by Mailer and Fray Any moditicadon shall be valid only to the extent so fbm In writing. 9- 13flayg, All notices, requests, damands. directions and other communicatlon under the provisions hereof shall be in writing unlash otherw' expressly permia0d hereunder. shall be rent via Iclocopy or axprem delivery service requiting it signed rocelpt, or handKkifverod, and shalt efTccdve when soot. irJ RP.SPI'.CPTO THIS OgJUrWXdAOTEMAKER WAIVES ALL WCH'I' TO TRIAL 9Y JURY tN ANY A& MON OR-PROCRU NO? INS'TiTL MD rN 11, CoX&M_ Iliff "X-Joirl-sel dons Verve. This Note Aall be govcrncd by, and consented under the lawi of the Commonwonith of Perntaylrttt' Including the Uniform Commercial Code, id enacted and in fusee in the commonwealth of Pcnntyivenin. This Note shall be deemed retests in 1'larrfsbtw& Ptrmylvanla, end the Court of Common Pions of Dauphin County, Prnnsylvenia, or, whero applicabio, the Fedotai Dlsvien Cat for the Middle pisvict of Penlydyivnnio„ shalt be the exclusive venue and hove exclusive jurlsdictfon for any and all legal actions commencod In t;ortntection with the Note or rho debt whteh is the subject hereof, and any elapse atisiog or related thereto, 12_ 84--gtthll(ty, If any Wova"L term or condition of this Note or the app6cadon thereof droll to any extent be Invalid or unonrorceabitt, tha vol of the romairtddr of this Noe xhan not to tulbated thereby; and aach covotmnt tam Or condition or this Note shag he valid and enfomeablo to fullest extent perattfited by raw. 13• This obligation shall bind Maker and his or her successors and wIgns, rind tho bcnciits hcroof shell inum to Payee its sucocitaorit and osdgns. N WITNESS HEFt/1 LP B. Maker, has duly executed and delivered this Note ere of (he dots: fern iibove wrulull. MAKER ,SS - il1TE Alp CORPO I9WON Exhibit p (, rt 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 cli 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. Sc. 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. WALID S. BEIROUTY, Defendant No. 2012-04802 120017.001/ REPLY TO NEW MATTER C r*? C-' C ) z r- -' Gn CD Plaintiff, RITE AID CORPORATION, by and through its counsel, Demetrios H. Tsarouhis, files this Reply to New Matter and avers as follows: 24. No response required. 25. Denied. By way of further response, Defendant sets forth a conclusion of law to which no response is required. 26. Denied. By way of further response, Defendant sets forth a conclusion of law to which no response is required. 27. Denied. By way of further response, Defendant sets forth a conclusion of law to which no response is required. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $20,000.00 due on the account; b) Interest at the per diem rate of $3.29 from the date of filing this Complaint until the date of Judgment; C) Costs of suit; and I d) Any other relief as the Court deems just and appropriate. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9L' Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: September 27, 2012 120017.001 2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RITE AID CORPORATION, Plaintiff V. WALID S. BEIROUTY, Defendant No. 2012-04802 • 120017.0011 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Reply to New Matter has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: Fred H. Hait Smigel, Anderson and Sacks, LLP River Chase Office Center-3`d Floor 4431 North Street Harrisburg PA 17110 DATE: September 27, 2012 Respectfully Submitted, I?M TRIOS H. SAROUHIS Attorney for Defendants Attorney ID # 88513 21 S. 9' Street Allentown, PA 18102 610-439-1500 3