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HomeMy WebLinkAbout12-48031:U-OF ICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND 0D OTH NOTARY PENNSYLVANIA CIVIL ACTION - LAW 23' 2 AUG -, A I 1' 41 UMBERLANU OUNTY RITE AID CORPORATION, PENNSYLV NIA Plaintiff V. MITCHEL J FIELDER, Defendant ??<< No. 1 a- y 9*3 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 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 I A S 01- CITA a? C it ?, ?8 3 as ?.1L a? 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW RITE AID CORPORATION, Plaintiff V. No. MITCHEL J FIELDER, ; Defendant 120012,001 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 bush corporation having its principal and registered office address at 30 Hunter Lane , Camp Hill 17011. 2. Defendant, MITCHEL J FIELDER, is an adult individual resident of maintains an address at 2001 32ND PLACE SE, WASHINGTON DC 20020. 3. On or about 01/16/2008, 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 $15,000.00 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 to s 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 01/16/2008, 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 sin Defendant failed to remain employed by Plaintiff for the full term of service set forth in the Ofi 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 tl event of default. In the instant matter, reasonable attorneys' fees equals $1,500.00. 3 WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant MITCHEL J FIELDER as follows: a) Judgment in the amount of $19,047.12; b) Interest at the per diem rate of $2.47 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 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, 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 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 $15,000.00. WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant as follows: a) Judgment in the amount of $15,000.00; b) Interest at the per diem rate of $ 2.47 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. Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9 Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: February 4, 2012 a 5 °- 4105298513 To: 17179382445 Tart- : OEt;? 17: 'q ?; To.- j4j03,-.qWp2 Januery 18. 2008 MMoh Rleleer 200122" h ptaoe ®.6, *fthlmran 26s.w i7i O.C. 20020 n? Door Norm, r T h'& lelfer bervde to aonIn the bonus ONWW b You V5 o?scusaeo. Imur &mPbWwWnt M at will, end thin I do" n Mrmaper sa oion eI?Z As we le a summary Of the terms wa dlsou"ad as our offer eanellg?H a 4 mftol. T'ho (spewing Your bMU# ie 818,000 to tWa oald 318,000 V4104h a roaaoMIMS tbne Won offer 1Nra. If YOU leave the employ of RU Aid for an re6mon receipt i e tu tM?? o of ems. from to del* on llnle letter, ymj *A, be pri10 repay The orto ?P t lmb ri"r e "00100111 es doaurnonted pursuant to the larm$ sW oand?Itio?ned of the DINOW pmmleaory Not*. + Title offer lq*,1a (tourtean) deye born the de?e on this am$, ®InuWy. 404 +O -44v3 owtepment reneger 101141uMOD Ac Exhibit =?O_" A Rr` 7' ?'.(?;?98513 JAN. I i ;.,1: 1.4 1-,-r r•: To:171793$2445 P' 3 3 -??. 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AI ,~ ?? hMwl AN11i4,o T VERIFICATION I, Demetrios H. Tsarouhis, attorney for Plaintiff, verify that the statements contain 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. 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 c RITE AID CORPORATION, c �' Plaintiff W �` v. � ci No. 201.2-04803 -tom --4 C:) o -o o= MITCHEL J FIELDER , zo Defendant 120012.001 y CERTIFICATE OF SERVICE The undersigned hereby certifies that on August 14, 2012 a true and correct copy of the Complaint has been served by United States Certified Mail Restricted Delivery and United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: MITCHEL J FIELDER 2001 32N° PLACE SE WASHINGTON DC 20020 Respectfully Submitted, DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 -- ,_-___21..S.9`h Street ;, SENDER:COMPLETE THIS SECTION �.i rii'Aa/��ACYCY s3�C�7J�i7�IUal�lr/�I��' ■ _Complete items 1,2,and 3.Also complete A. Signature _ if Restricted Delivery is desired. our name and address on the reverse ! f Agent Postal RECEIPT it we can return the card to you. ✓! ddrec Provided)CERTIFIED MAIL,- p this card to the back of the mailplece, Rgc Iva by(P Iv e) C. a of u rU • the front if space permits, (�l t r f ti � � � U ��� raddressedto: Er D. Is delivery address different from it 11 Yes �>✓i r(������ If YES,enter delivery address.below: Postage $ f o co Certified Fee $2. 5 07 � ( 3��d .p j't C f_ t_�!CK pp� ` 1 M Postmark � Return Receipt Fee $2.35 Here IY�01 n/ tJ C a j�c)� 1� (Endorsement Required) _ !l (J t N ��n Restricted Delivery Fee $0.00 3 icy y I C3 (Endorsement Required) A r` - $ --b--.-6-_-Q- _ 08/07 t p /�O. I _ MVRMMnI Ln ,an ii l Total Postage&Fees $ OR tif Mall et'� t c a t er_..................! z--a.---B------ Q 5E O r t D ,Febn � ' 217n.4 4 �, �.+nbsrlu. � COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION Plaintiff `".�.,� ,53 v. : No. 2012-04803 err, —0 ice• MITCHEL J FIELDER Defendants ci 120012.001 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff and against: MITCHEL J FIELDER , for want of Answering the Complaint and Entry of a Defense. Assess damages as follows: Debt $15,000.00 Interest from 0.00 Cost $0.00 TOTAL $15,000.00 ® I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain for the complaint. ® Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ® Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intent to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the 'otice is attached. DATE: (. 1 tt E'ETRIOS H. TSAROUHIS Attorney for Plaintiffs 21 S. 9th Street s Sb d ak t+ Allentown, PA 18102 03A P 610-439-1500 0041134 Attorney ID 88513 q ay8�� NOW, b , 2013, JUDGMENT I NTERED AS ABOVE. ;rothon ry By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION—LAW RITE AID CORPORATION, • Plaintiff v. NO. 2012-04803 • MITCHEL J FIELDER, • Defendant • 120012.001 • To: MITCHEL J FIELDER 2001 32ND PLACE SE WASHINGTON DC 20020 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S.Bedford Street Carlisle,Pennsylvania- telephone number 717-249-3166 Respectfully Submitted, tij DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID#88513 21 S. 9`h Street Allentown, PA 18102 Tel: (610) 439-1500 Date: September 6, 2012 r I,.+d IN THE COURT OF COMMON PLEAS OFVCOUNTY,PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION • Plaintiff v. : No. 2012-04803 MITCHEL J FIELDER Defendant • 120012.001 NOTICE OF FILING JUDGMENT To: MITCHEL J FIELDER 2001 32ND PLACE SE WASHINGTON DC 20020 Pursuant to Pennsylvania Rule of Civil Procedure 236, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. • Money Judgment. If you have any questions concerning this notice, please call Attorney Demetrios H. Tsarouhis at this telephone number: 610-628-2440, or, you may contact Attorney Demetrios H. Tsarouhis, Esq. via written correspondence at 21 S. 9t1i Street, Allentown, PA 18102. yy / • f4 � :} Y.: DATE: °"�"r' ,Prothonotary CHwbcilwed IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION • Plaintiff v. : No. 2012-04803 MITCHEL J FIELDER Defendants 120012.001 CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of the plaintiff,judgment creditor, is 30 Hunter Lane, Camp Hill PA 17011, and the last known address of the defendant(s),judgment debtor(s) is as follows: MITCHEL J FIELDER 2001 32ND PLACE SE WASHINGTON DC 20020 DATE: -e- Z DEMETRIOS H. TSAROUHIS Attorney for Plaintiffs 21 S. 9 Street Allentown, PA 18102 610-439-1500 Attorney ID 88513 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION-LAW RITE AID CORPORATION Plaintiff v. : No. 2012-04803 MITCHEL J FIELDER Defendants • 120012.001 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA • • SS. COUNTY OF LEHIGH • I, Demetrios H. Tsarouhis, being duly sworn according to law, deposes and says that he is the attorney of plaintiffs, that he is authorized to make this affidavit on behalf of plaintiffs; that the above-named defendant MITCHEL J FIELDER reside(s) at 2001 32ND PLACE SE, WASHINGTON DC 20020 ; and that the defendants are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service Members Civil Relief Act and the amendments thereto. Demetrios H. Tsarouhis, Attorney for Plaintiff Sworn and subscribed Before me this /346-ay of , 2013 Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Donald Saunders Litman,Notary Public Towamericin Twp.,Montgomery County My Commission Expires September 11,2016