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Home My WebLink About12-4916RITE AID CORPORATION, Plaintiff V. : No. STACEY A MCCORKLE, Defendant C-) N + -. ;x M G7 1 E? a a eivil /exw YOU HAVE BEEN SUED IN COURT. IF YO 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 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 YO BY THE COURT WITHOUT FURTI NOTICE FOR ANY MONEY CLAIMED IN THE COMPLUNT 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 AWYER AT ONCE. IF YOU DO HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS Ol CAN PROVIDE YOU WITH INFORMATION ABOUT H G A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THI 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 A sociation 34 S. Bedford Street Carlisle, Pennsylvan a - telephone number 717-2 9-3166 ?JA 4103.75 1°0 s C 0 lgA5 a 78?8? 1 :t7 -r { A ny RITE AID CORPORATION, : Plaintiff V. No. STACEY A MCCORKLE, Defendant • 121273.00 COMPLAINT Plaintiff, RITE AID CORPORATION, by Od through its counsel, Demetrios H. Tsarouhis, files this Complaint and avers as follows: 1. Plaintiff, RITE AID CORPORATION, (`Plaintiff) is a Pennsylvania business corporation having its principal and registered office address at 30 Hunter Lane, Camp Hill A 17011. 2. Defendant, STACEY A MCCORKLE, is Ian adult individual resident of AL ho I maintains an address at 2213 SAGEWOOD DR, MONTGOMERY AL 36117. 3. On or about 2/6/2007, Plaintiff and Defendant executed an Offer Letter whereby Defendant agreed to remain employed as a pharmacist fc r two (2) years in consideration for the payment of a signing bonus. Attached hereto and mark as Exhibit "A" is 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 Defend t $20,000.00 as a signing bonus. 2 T 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, Defer 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 11. Plaintiff incorporates the allegations of very paragraph enumerated above Complaint as if said paragraphs were fully set forth here 't length. 12. On or about 2/6/2007, Plaintiff entered into a contract with Defendant. 13. Subsequently Defendant breached the contract by failing to meet the i terms and conditions as set forth in the contract. 14. The signing bonus paid under the contract was not earned by the Defendant s Defendant failed to remain employed by Plaintiff for the Full term of service set forth in the C 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. 3 WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant STACEY A MCCORKLE as follows: a) Judgment in the amount of $20,00p.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 Coui deems just and proper. COUNT II Alternative to Count I - Un_iu;t Enrichment 12. Plaintiff incorporates the allegations of very paragraph enumerated above his Complaint as if said paragraphs were fully set forth here at length. 13. At Defendant's request, Plaintiff conferred a benefit upon Defendant by givi g a signing bonus to the Defendant. 14. Defendant received and accepted the benefit of the signing bonus provided by Plaintiff. 15. At all times material hereto, Defendant w?s aware that Plaintiff was extending the 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 Oe unpaid balance. 18. Allowing Defendant to retain the benefit of the signing bonus would be unjust. 4 r 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expew 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 am( 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 Cowl deems just and proper. Respectfull Submitted, KEIFER & tSAROUHIS, LLP A e /7 /1 H. TSAROUHIS I.D. #885131 Attorney fo Plaintiff 21 S. 9 Str et-Suite 200 Allentown, A 18102 610-439-1500 Date: August 3, 2012 5 a the rEE-13-2007 10:29 From: 70611 vN'rP-KAMC 4FINOkI.I. I)I.vp., ME-TAIRIE. LA 70003 February 6, 2007 Stacey McCorkle 249-C Eastdale Road South Montgomery, Al_. 36117 DAar Stacey' To:504 883 5623 0.2-3 This letter serves to confirm an employment offer from RltalAid. 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 profusslonal Pharmacist. You will work in Mite Aid store#7077, We at plan your start date to work on or about 2/12/07. • Your biweekly salary base will be $3952.00 for a biweekly minimum commitment of 76 hours. • You will receive 3 weeks of vacation after 60 days of erployment upon verification from your former employer. Your incentive bonus is $20,000.00 to be paid $10,000 within a reasonable period of time upon commencement of your employment and $10,00 .00 after completion of the first full year (12 continuous months) of employment. If you leave th employ of Rite Aid store for any reason prior to completing two full years of employment , you wit be required to repay the installments received as documented pursuant to the t and conditions of the attached Promissory Note. In addition, you will receive a $2,600 00 relocation bonus. • This offer expires 14 (fourteen) days from the data on this offer. 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, o?F &at' ACCIO t_'k Tammy Rogers, Asso ?aie SI nalure/Date Y H g Regional Pharmacy Vice President Exhibit " 02/113/2007 TUR 09:40 (TX/RX NO 72271 IZLI02 RTO01 3JI4d0 4019T1I t>l9S 788 60S tiVd f5 TT LOOZ/CT/co E=EB-13-2007 10:29 From: To! 504 SW 5624 P1. 3/3 ' I • ?I i PROMISSORY NOTE 3217,(1(1O,Iw Dart: 2/6/2(1417 1. Protetie to Patti. Slacey McCnrkk ("Maker") prainittos to pay to the order (11 1411 -9 AID COIPORATION the lblJowi suer $20,00U.00 the grass umuunt 111' lilt lrmwt mid to Maker, Such payment shall made in accordance with the ruins 11nd cap+ditiunn of this Promissory Noce ("Nate"), the Rita Aid human resources policy and the offer Itucr sir siliree+nait delivered to Maker by Payee (the " Rcr (.attar") and any other icrm411ux r+rili ill may i,ther documontc describing bonus autos anJ fir Inans iiwvod to Maker, including r„rmnitmcni •ntcint:nu. 2. Fortlyane a or indebtednw-j._ All indeMedness evidenced by this Nara shall bat furgiveri when Maker compltxtat the term nf"Sari fnttory Sorv [cc' provided in the Offcr I oiur. 3. Pavraant Tertns. In the cvcni Maker d0as not complete the term of "Satislitetu Service" provided in the Offer Leiter, the Mnkor ill rcpuy in full that tunuilnt $et forth in Parag?:tph I hereof in one pttymom within thirty daW ftsllowing rho dare of Mulive.4 sapnnatlon Isom imp oyutertt with Payee- Puytuetit :shall he mach by purtoottal choulis andAw money orders, payable to "Itite Aid Corpmiritrt" mould he sent to the air ntlon of Vied Pricntidutlt Huntan Resources AdminisimiatJl•lutnno Rextitoces Dqu,nmeni, 1111E AID CORPORATION. P d. Ilt+a 3165, Hnrrisbu it. PA 17103- 4. Defnnli. Maker'4 failure to pay any sum her undt:r when due air w iuherwi" ai nply with any Latin htxool shrill uut.tJLute all Event of Uotbuli hercutdt r. 11 nn Event of L%tlhutr shall ot.'cur, Maker 3lwll (Nly ittit resL on die re paining oulltlandina principul iT?lltrfl"titirii i tit Ins tit C of slat pcrccnt (6%) per annum frown the date of the Event of Default. In uddiflon, Paye? may exetclse any other rights find remeAlies provided Pnycu at law ar in equity 5. Ueterminadoe at Amount_ "file unpaid principal amount 411'this Note said the paid inioresT nccrual hertx+n, if any, shall fit Of firrics lie attoerri nintd IMm the records of Payoe, which shall be ctmclusive nhnetil inatt{I'es orrur. 6. Itlait of SetetY. If the Maker fails to pay when due tiny ;wine: awing to the Pay o,, die Payee Is hereby authorriod tit tiny lime wul ti, tit film to time, without notice to the Maker (uny sat. ntuicu being ex(+rar,ily waived by chi Mokerl, to setoff and apply any nod (di sums duo and awing from the Payec to Maker. against ally ttntl ell of the Makes's ohligallons now or hanea er existing to the Nyt,•c umkr ihiti Note. Ilialiuyu uLtrutrx promptly to notify the Maker tiller any such setoff and application: provided. 111+ ever, claw that allure to give vetch notit a shall not n Teel the vulidily fit"such +tunlTand application. 'rho Payees rights untkr this Stxlion tore in uddition to any other rights and rumodies that th Payta: may have as provided under this Nate (aid under low nod equity. 7 Costs or C Houle I (this Note is piacod in the hauls of an t tarncy at how liar tllaAion by reaixm of default on the pan of Moikcr Maker hu•ehv ogress to pay all actual citpanditure3 hnWRCd by Puyce in any attcrt?ra. to cotleet y amount due under This Noie, inaltuling tell coati; f 1agM nt:riun and riasotub{e urtnrncys' 1-cc* 8 _Wit V r and Madiftaattt+n. Nn waiver or modilicatioxt of the terms ol'thie Note shall be valid unlr?tt its wt iting. signed by Merkur and I+nyoe. Any 'uiaiun 31111111 he valid only lU the axt0et,4eL forth in wilting. 9. All nnricto, raquoia:t, dunwnd3, dircutio its and other voinntunioaliain et flu the pmvheioura hereof ,Iisll he in writing unless tthcrwir;c expr=ly poamincd hcrcuneicr, shall be scN vin laleeripy air expra delivery tt ice requiring a oigned receipt, err hand-delivt,rM. and shall be t:l'Peetivc when want lQ W v «r fu Trial. MAKER WAIVhS ALL 111GHTTO TRIAL BY JURY IN ANY ACTION OR PROCEEDING" INSTITUTED IN RESPECT' TO TH IS NOTE. ! {. GOV roil [ l.aw: JurisAletlon: Venue. This Naito shall be Bove-mcd by, and t o airucJ under Lite Inwn nr the Gimmonwculth ur Pct nsylvunla, 7itirt Nixa stnnll ht Aot me i cxceutcd in including the Unifunn Cinntntxeinl C xie, IW mooted and In fnree in the Cnm wealth of liennsylvaniti Han•isbutll, Pennsylvania, and the Coun of Common Picus of Dauphin County, Mintylvanlo, fir, where applicable, the I°ctleral Dist ict Cottrt iur the Mi(tdic District of Penruylvania, shall Its: the excluttivo venue and have tctelu ive juritulloliiin liar any cud all Icyal nutitm-i ammo octal in comical inn win, the Nutt- or ilia debt which Id the subject heroof, and tiny oledn+a trixing 4ir retailed Uturolo. 12. Severnbllity. If any covenant, Item or condition of this Note or the uppliixtiun teasel atLnh stn arty itctettt too invalid or unmliirt ttto e, ails validity of Lite remainder nt'thii; Nol@,hall not he of m-rad ihiamby, and iatch covemint, Itt:?91i or ctatdilioli o mib Nile shall bw valid and cufn •tsthlu to the hilkni cxicnt permilted by Inw. i 13• Succ .sot and Asa( nat. Thitf nhHgarion shall hind Maker and his or her 3vix4ors and nttaigns, and ilia Inx chrx licrcuil'.hail inure. in I'aycc find its socee!4tari and u.Vxiguv. I N WITNESS WHERLOF, Maker has duly executed and delivered thi. N,ac ne ,'if the Jute first ahuve written WITNESS Q MAKER tj () RITi. All) COW IiA-ri r 02/13/2007 TUE 09:40 (TX/RX NO 7227) 11003 aTn M T.4.40 6TH'4N 1' FZ9S C9 T'04 1V3 )'S: TT 10 Z/CT, CO 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 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 subje t to the penalties of 18 Pa.C.S.A. 'Sec. 4904 relating to unsworn falsification to authorities. Date: August 3, 2012 Demetrios H. Tsarouhis, Esquire ? 6