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HomeMy WebLinkAbout13-4135 r Supreme Co ennsylvania Cour.. C0-01 o , leas For Prothonotary Use Only: � . i vier h_` "'t { �►� f , , t Docket No: �S CUM ND S Y f �.ir n t County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S R Complaint ® Writ of Summons Petition E ® Transfer from Another Jurisdiction [3 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T RITE AID CORPORATION SIKANDER ISSHAK I Are money damages requested? ® Yes ® No Dollar Amount Requested: xi within arbitration limits O 1 (check one) [3 outside arbitration limits N Is this a Class Action Suit? 0 Yes `xi No Is this an MDJAppeal? El Yes X{ No A Name of Plaintiff /Appellant's Attorney: DEMETRIOS H TSAROUHIS 121449 13 Check here if you have no attorney (are a Self- Represented [Pro Se[ Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution PKI Debt Collection: Credit Card [3 Board of Assessment 0 Motor Vehicle Debt Collection: Other ® Board of Elections Nuisance Dept. of Transportation 0 Premises Liability ® Statutory Appeal: Other S [3 Product Liability (does not include E mass tort) ® Employment Dispute: 'J Slander/Libel/ Defamation Discrimination C El Other: Employment Dispute: Other ® Zoning Board T ® Other: I ' [3 Other: O MASS TORT 0 Asbestos N E3 Tobacco ® Toxic Tort - DES M Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Other: Ejectment Q Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation [3 Declaratory Judgment ® Ground Rent ® Mandamus Landlord /Tenant Dispute ® Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial © Quo Warranto Dental ® Partition ® Replevin ® Legal ® Quiet Title 0 Other: ® Medical ® Other: ® Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION — LAW RITE AID CORPORATION, ; Plaintiff CD V. Qj i — No. 2 M Sikander Isshak, 2(m ��„ Defendant -T; c c "� < NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFFS. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. 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 l.J P 1 G /2 s-3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION — LAW RITE AID CORPORATION, Plaintiff V. No. Sikander Isshak, Defendant 121449.001 COMPLAINT Plaintiff, RITE AID CORPORATION, by and 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 PA 17011. 2. Defendant, Sikander Isshak, is an adult individual resident of CA who maintains an address at 437 Via Del Plano, Novato CA 94949 -5927. 3. On or about March 13, 2007, Plaintiff and Defendant executed a Promissory Note whereby Defendant agreed to remain employed as a pharmacist for three (3) years in consideration for the payment of a signing bonus. Attached hereto and marked as Exhibit "A" is a true and correct copy of the Promissory Note entered into between both parties. 4. As part of the employment compensation, Plaintiff agreed to pay to Defendant $30,000.00 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 terms and conditions as set forth in the employment agreement. 7. Defendant was required to remain employed with the Plaintiff for two (2) years from the date of employment. 8. The Defendant never met the certain terms and conditions as set forth in the Offer Letter. 9. Subject to the terms of a Promissory Note executed by the parties, Defendant agreed to repay any signing bonus amounts received 10. As such, the signing bonus paid by Plaintiff to Defendant was wrongfully paid and the Defendant must pay the same back to Plaintiff. COUNT BREACH OF CONTRACT 11. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 12. On or about 3/13/2007, Plaintiff entered into a contract with Defendant. 13. Subsequently Defendant breached the contract by failing to meet the employment terms and conditions as set forth in the contract. 14. The signing bonus paid under the contract was not earned by the Defendant since Defendant failed to remain employed by Plaintiff for the full term of service set forth in the Offer 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 the 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 Sikander Isshak as follows: a) Judgment in the amount of $30,000.00; b) Interest at the per diem rate of $5.00 from the date of default 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 this Complaint as if said paragraphs were fully set forth here at length. 13. At Defendant's request, Plaintiff conferred a benefit upon Defendant by giving 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 was aware that Plaintiff was extending the aforesaid signing bonus to Defendant. 16. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said signing bonus and to incur damages. 17. At all times material hereto, Defendant was unjustly enriched by retaining the 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, a contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the bonus amount described in the exhibit attached hereto in the amount of $30,000.00. WHEREFORE, Plaintiff, RITE AID CORPORATION, respectfully requests that judgment be entered against Defendant as follows: a) Judgment in the amount of $30,000.00; b) Interest at the per diem rate of $ 5.00 from the date of filing this Complaint until the date of Judgment; C) Court Costs; and d) All other amounts which this Court deems just and proper. Respectfully Submitted, TSAROUHIS LAW GROUP DEMETRIOS H. TSAROUHIS I.D. #88513 Attorne� for Plaintiff 21 S. 9 Street —Suite 200 Allentown, PA 18102 610- 439 -1500 Date: July 9, 2013 5 Excerpts from 'Agreement between Rite Aid Corporation and International Pharmacist' signed by Mr. Sikander on February 26 2004 r'tB: 5.2008 9 :57AM RITE AID REGIONAL OFFICE NO. 623 P. 41 s3o,otro PROMISSORY NOTE to Date: 03/131200 a t. Promise ro Par S&AS4 t IrAxk SSug617- 41.448 ('Mjkm') ptomisa foitowiar stun: the g[nsa amotaat Of k tmaa said tobi.be _Sash P+Y to the order of RITE AM CORPORATION ( "Payee the � ry Note (°Note 9. the Rite Aid hmma raamver polky and tbo oibr lW b made in w oor t &gv aoa. to M@ e r by and ( ft , fore of this and any other terms set fords in troy other do--ts deratbing boors surats and or loam issvtd to esker b3 PrtY� (th< "Otter Letta7 a d ding Comiehmmt Aptema�, Z of btdebnhdaes� AU indebtedness evidenced by this Not* shall be 4rgivcu when Makes maupletu tba teen of "SedsfaMOty Service" p vvfded in the Offs Latta. 3 . PIIYTIA0 Ter ro t In the event Maker dM not complete the term of "Sads6oto y Service" U the amount ad forth in I haumf is one tbg d is the Offer Letter, the Milers, sedgy hi aves Payment � � m � ��' Ph'm� ��' �tY der» follovvlag the data ofMekess �mypp ¢� empkoyrnent udth P Prn e"- T hall be M & b cheats andJor �Y ntdcM payable m "Rite Aid Corpotadloa" abould be seat to the attendoo of vice 4tsadon/ urtum Resouem Department, RrIE AID CORPORATION, P.O. Box 3141, Ham*twg, PA 17105. 4• . MOWS fallunr to par any sum haramder when dun m m trthawise 3 with lhe� trmtda Itan Event of DeBmlt shall o4ur, Maker"pay &arrest ou thor�ematabg g P d ac ishall eb amts an fiver u>f f a x P�� (6' /•) Per mnrmrm 9'orn tfudate of theFvaot efl7efmhlt !n addhiat>, Peyee may exerdaa 1 indebte�xas at tba r� oP six taw or in equity. atW ova sighs sad remedies provided P" et 5 - Date- minastoaof Amount: The unpaid ptiruipgl amount of this Noto and the unpaid interest aousned haroon, if anp, stroll at dI timer be nc=Wned sum the rocdrda of Payee, which *LU be conducive absent meltifes[ cnw. 6. Rlsht of S .= If the Maker WE to pay when dye any tams V wi AB to the payca, the Payee is b lutist m the MnTStr (top rush aodoe being apepssbe waived by the Mak 1!L to sttoffmd apply any and all sums due and o� M' abate an y an Oft obligateta now orbscefta a:daung. m &c payee under ia Nom The ayee gN* P agrees SU ptompdy m -t* ' t Maker ass any a setoff tend apPliation;'ptuvideQ hcwewr, that the f:tlmt to diry of t 6suoifand �pplieadom The Payees don under This So*tion am in won W say other nodoe aAaA so[ slfect 6te 'hM as pro under this NOW and under Ittw and equity. gh that dte Payee may ,�i148 If this Note to plao*d'al the baods of en atttmncy a law for eaDeotfon by:eeson of deStnit car the part of Maker, Maker hereby and onabte --M me. nee iaeutred by Pyyeain any attempt to eollaet anY amovat due under this Note, malodlogaU etas of legal &,doer B. Walvs nd MadtRe".H.,.. No walver or modification ofthe terms of this Nora shall be valid md= in writiu& stgued by Maker and Payee. Any modifiatiop shall bo valid tuly to the went at forth in writing. 8. 22 VSM All notions, regnttq, demands, aqua ly Permitted hereunder, &balk be sent via odes Communication under the ptuvhioas hacaf shall be To t*ettmg unless tahercvise effmdvc what seat GOp or express delivery aav{ce requiring a akgued receipt, cf land- dehvemd, and shall be 10. Waimr of Joel 'ttiret MAKER E. WAlm ALL RIGHT TO TRIAL BY Ray IN ANY ACnoN oR PROCEEDING INSTITUTED IN r2E5PP.CT TO THIS NOT 1t. Goyehat�e t BJ .[ "tki.�n. Varna Thu Noteslallba • including duo Unifb>m Conamasiat Coda as sawed and m fftnoo m the u oo sal d under the laws of tbd Commonwealth of Paaasyly m* g pano0vanith, sad the Coon of Common Pleas of Dautpbr n Coca pw�Mh of Pmnglrtoia This Note shall bo do= *d executed 1n the Midd[e INsalot ofPemsyivenia, shall be eh" exclusive vemte and havo otebFMASylh'�4 or, wbme 8011c able. the Federal District Court for connection with the Notes or the debt which is the ec[ larud sheeny and all legal Batons eoamhmeed in �} hereof and say ,taunt arising or related thereto. 12 u a . If Of it Not N tam err sunsuits of �by. a a d appBatioa lhtmf shall To airy 4111111:11 be Invalid or umatfetoeablF the validity of the remainder of this Note aba0 nos be attested eovenam, tent or condition of this Note shall be valid and �� ca= Permitted by law erufbrceable to eta 13_ rt9 Cd eee-Mrs and assigns 7ba ob5getiaa shall baud Nfakw and his or ha mcexsora and assigns, tend the ben oft bertyf In= to Payeo and IN Ti�`ES7PEOF, Maker has duly aceaacd znd dcilvemd this Note as of the date first above wTittat. ty / w1T I MAM AID CO ORATION M n1-�- U Exhibit "�" j Excerpts from 'Agreement between Rite Aid Corporation and International Pharmacist signed by Mr. Sikander on February 26 ", 2004 3• Hsu oa Rite Aid will pay the 7�tarnational Pharmacy a Sign on Bonus of S 30� ate. -3 �� a comumenc eat oA. employment and $ !S` ooc� (TJ.S.} to 6e paid $ / aoa. vu within 60 days o� for an J4AW �_ a becoming licensed as a pbaaaacist If does not co y reason, the Tnternat%onal Phanmacist does not become licensed as a pharma bam in the U_1 or duigIete. three {� y of satisfactory service as a be required licensed p lacist employment with Rite Aid (36 continuous months of full time service}, the Inteaa st fi nal t =ns cisx w a ilt uired to repay the installment received as documented punk to the terms annd- conditions of the attached promissory Note. i i Excerpts from 'Agreement between Rite Aid Corporation and International Pharmacist' signed by Mr. Sikander on February 26` 2004 o- ObUz#Vort to ReAav Rite Airy The Internatioual Pharmacist agrees to repay Rite Aid all costs of the Initial Visit to the United Staid, if they do not commence employneat vVithiu ninety FPGEE, TOEFL, TSE and obtaining there ' n 1, days after completing the tNd Pharmacist Inter license and visa. The Interziational•Pharmacist agrees to repay the Sign on Bonus received if, for any reason, they do not-become a licensed pharmacist in the U.S. or they do-not complete three {3} Rite Aid. full years of service (36 contizruous months of full time service} as a licensed pharmacist with i AMC, Ql'3S 1. Gov t nine Law This Agreement shall be governed by the laws of the Commortwealth of Pennsylvania. 2- Dis ttfe a oIu "o In the event of any dispute betty= Rite Aid and the hxternationai Pharmacis f R to meet t which arises under this Agreement, a ,representative Of Aid and the Iutema�oaat F 4thin fifteen (l5) days to resolve the dispute in mod faith. hart°acist agree Lathe eveiYt the dispute cannot be resohed it shall be arbitrator in accordance with the rules of the Americas Arbit mfi se Associa on zn effec at le time such arbitration is initiated. A Iist of arbitrators shell be presented to Mite Aid and the International Pharmacist from which one will be chosen usiaa shalt on conducted in Camp Hill, le Pennsylvania, unless both parties a consent t mule hearing location. The decision of the arbitrator shall bed and binding upon an parties. The prevailing ply shall be awarded all of the Mitt costs. Administrative and other costs of enforciu g fees and related administrative subpoenas, depositions, transcripts and the like, w tress fe awl' mcinding costs of fees, and sh ` nilar costs related to Coll 'P Yment of reasonable attorney's arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. Any qu estions interpretation shall use the laws of Pez_ylv�ia.e �b tration award lvsag contract jurisdiction in order to collect arty amounts due hereunder. may be entered in any i Excerpts from 'Agreement between Rite Aid Corporation and international Pharmacist' signed b Sikander on February 26`", 2004 g y Mr. aectxted this day of "—'1 2004 v � R.frte A.zd.CorpozatxoiD Intematfoha! harmacist Sjgnsttu e / / Signatwe / Name: cY CL ��-� Xt 0 v"Y priat Name 5 �'��"'d60.. 1 St�a►r� qq--�� Priat Name Title: �u.�i K er vtc: +t ee Address: 2 % PE�IC.A►� Q.a� Telephone: �t{D -- z- 9�f5� Telephone: +2'i�2. E Mail: sctse.�i�au� 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 subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Demetrios H. Tsarouhis, Esquire Date: July 9, 2013 6 ♦ '... L DETHLEFS-PYKOSH LAW GROUP,LLC f(sMBERLA/ jj) CoUpf,Fy BY: DARRELL C.DETHLEFS,ESQUIRE PENNSYLVANIA Attorney I.D.No.58805 ddethlefs @aol.com 2132 Market Street Camp Hill,PA 17011 Telephone: (717)975-9446 Facsimile: (717)975-2309 RITE AID CORPORATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA y V. i NO. 2013-4135 CIVILTERM SIKANDER ISSHAK, Defendant a F PRAECIPE FOR ENTRY OF APPEARANCE s TO THE PROTHONOTARY: r Please enter the appearance of Darrell C. Dethlefs, Esquire, of the Dethlefs-Pykosh Law Group, LLC, as attorney for Defendant, Sikander Isshak, in the above-captioned case. A copy of this Entry of Appearance has been served on Plaintiff's Attorney. Respectfully mitted, Date: Darrell C. belhefs, Esquire I D#58805 DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975-9446 Facsimile: (717) 975-2309 email: ddethlefs(d-)dpiglaw.com ddethlefs(cD-aol.com M , f DETHLEFS-PYKOSH LAW GROUP,LLC BY: DARRELL C.DETHLEFS,ESQUIRE Attorney I.D.No.58805 ddethlefs @aol.com , 2132 Market Street Camp Hill,PA 17011 Telephone: (717)975-9446 Facsimile: (717)975-2309 RITE AID CORPORATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA E ' V. o . : NO. 2013-4135 CIVILTERM SIKANDER ISSHAK, Defendant CERTIFICATE OF SERVICE I, Darrell C. Dethlefs, Esquire, hereby certify that on this -Zksl day of July, 2013, the foregoing Praecipe for Entry of Appearance was served via first-class mail, postage prepaid, upon the following: Demetrios H. Tsarouhis, Esquire 21 South 9th Street, Suite 200 Allentown, PA 18102 r Respectf II ubmitted, Date: Darrell . Dethlefs, Esquire ID#58805 DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975-9446 Facsimile: (717) 975-2309 email: ddethlefs(aD_dplglaw.com ddethlefs(@aol.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1" _c� a Sheriff r - Jody S Smith t 4 2013 AUG — 1 0 10: 34 Chief Deputy Richard W Stewart ', MBERLAE 0 cou+;�,�fy Solicitor , F N .Q��.=RII;: P PMS`r'LVA NI Rite Aid Corporation vs. Case Number Sikander Isshak 2013-4135 SHERIFF'S RETURN OF SERVICE 07/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint& Notice upon the within named defendant, Sikander Isshak, in the following manner: On July 18, 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 437 Via Del Plano, Novato, CA 94949. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Christine Govender, adult in charge on July 23, 2013. SHERIFF COST: $34.51 SO ANSWERS, July 29, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosof,Inc. COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desire d. X 0 Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name C. Date of Delivery ) • Attach this cans to the back of the mailpiece, C h t'1�1 V EN vQA^l eel' or on the front If space permits. D. Is delivery address different from item 1? 13 yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Sikander Isshak 437 Via Del Plano 3 Service Type CA 94949 0 Certified Man 0 Express Man 0 Registered 0 Return Receipt for Merchandise 0 Insured Mali 0 C.O.D. 4. Restricted Delivery?(Errtra Fee) 0 Yes 2. Article Number ?007 0 710 0003 2 210 3156'6 _ (Transfer from service Iabso —- Ps Form 3811,February 2004 Domestic Retum Receipt 102595-0244-1540 USPS.com® - Track& Confirm Page 1 of 1 English Customer Service USPS Mobile Register I Sign In 1aU.SPS Search USPS.com or Track Packages Quick Tool s Track&Conrinn Ship a Package Send Mail Manage Your Mail Shop Business Solutions Enter up to 10 Tracking hFind Find USPS Locations Buy Stamps s„T,ddk & Confirm Find a ZIP Code'- Iiokd Mail Change,of Address GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES 70070710000322103566 Delivered July 23,2013,11:50 am !NOVATO,CA 94948 Certified Mail' f Notice Left July 22,2013,2:45 pm NOVATO,CA 94949 I Notice Left 1 July 22,2013,2:33 pm 'NOVATO,CA 94949 j .I Depart USPS Sort I July 22,2013 PETALUMA,CA 94999 1i Facility i Arrival at Unit July 22,2013,5:33 am NOVATO,CA 94947 j I Processed through July 21,2013,5:13 am PETALUMA,CA 94999 j 1 USPS Sort Facility 1 Processed through July 20,2013,11:36 pm OAKLAND,CA 94615 USPS Sort Facility !Depart USPS Sort July 19,2013 HARRISBURG,PA 17107 Facility Processed through July 18,2013,10:48 pm HARRISBURG,PA 17107 :USPS Sort Facility � Check on Another Item What's your label(or receipt)number? Find i i LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services I About USPS Home> Business Customer Gateway) Terms of Use> Buy Stamps&Shop 1 Newsroom, Postal Inspectors FOIA> Print a L abel wi!h Postage> USPS Service Alerts> Inspector General> No FEAR Act EEO Data> Customer Service; Forms&Publications> Postal Explorer? Delivering Solutions to the Last Mile) Careers> Site Index.> "U4LOV[Qp� CopyrightP 2013 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action 7/29/2013 Darrell C. Dethlefs, Esquire ID# 58805 DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, PA 17011 PH#: (717)975-9446 DDethlefs @aol.com Attorney for Defendant RITE AID CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO: 2013-4135 CIVIL ACTION—EQUITY SIKANDER ISSHAK,. Defendant NOTICE TO PLEAD To: Rite Aid Corporation c/o Demetrios H. Tsarouhis,Esq. 21 South 9"' Street—Suite 200 Allentown, Pa. 18102 Ph.#: 610-439-1500 Attorney for Plaintiff You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectf bmitted, Date: S ( 3 Darr Dethlefs, Esquire ID# 58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717)975-9446 Facsimile: (717)975-2309 email: ddethlefs @dpiglaw.com ddethlefs@aol.com 08/05/2013 16:42 7179752309 DETHLEFS PYKOSH LAW PAGE 03/03 C-F THE Ptk�..iTHGJ m i , 2 2013 AUG —5 PN 4: 28 CUMBERLAND COUNT Y PENNSYLVANIA Darrell C,Dcthlefs,Esquire 1D#58805 DETHLEFS-P'YKOSH LAW GROUP,GLC 2132 Market Street Camp Hill,PA 17011 PH#:(717)975-9446 DDethlefs @aot.com Attorney for(Defendant RITE AID CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO: 2013-4135 CIVIL ACTION—EQUITY :SIKANDER ISSIIAK, Defendant PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Sikander Isshak, by and through its counsel Darrell C. Dethlefs, Esq., and the Dethlefs-Pykosh Law Group, LLC., who brings forth the within Preliminary Objections to Plaintiff s Complaint and in support thereof avers the following: 1. On or about July 17, 2013, Plaintiffs commenced this action with the filing of a Complaint. 2. Service of the Complaint was effectuated upon Defendant on July 22,20,13.' 3. Plaintiff's Complaint includes two inconsistent counts: a. Count I—Breach of Contract; and DEFENDANT'S FIRST PRELIMINARY OBJECTION LACK OF JURISDICTION Pa.R.C.P. 1028(a)(4)—Demurrer 4. Plaintiff s Complaint was filed in the Court of Common Pleas of Cumberland County Pennsylvania. 5. Paragraph eleven(11)of the contract,attached hereto as Exhibit"A",states;"[T]he Court of Common Pleas of Dauphin County, Pennsylvania,or,where applicable,the Federal District Court for the Middle District of Pennsylvania, shall be the exclusive venue and have exclusive jurisdiction for any and all legal actions commenced in connection with this Note... 6. The Court of Common Pleas of Dauphin County,Pennsylvania, is the exclusive venue and possesses exclusive jurisdiction over this action; as a result,the Court of Common Pleas of Cumberland County has no jurisdiction over the matter. 7. Plaintiff's Complaint should be dismissed in its entirety due to lack of jurisdiction. DEFENDANT'S SECOND PRELIMINARY OBJECTION LEGAL INSUFFICIENCY Pa.R.C.P 1028(a)(4)—Demurrer—Count 2—Unjust Enrichment 8. Paragraphs 4 through 7 are incorporated herein by reference and as though fully set 'forth below. 9. Plaintiff has alleged in Count.1 of it's Complaint that there exists or existed a contract between the parties hereto for employment purposes. (A copy of the contract at issue is attached as Exhibit "A"to the Plaintiff's Complaint.) 10. The cause of action listed for Count 11 of Plaintiff's Complaint is a count for unjust enrichment. 11. Unjust Enrichment is a benefit obtained from another, not intended as a gift and not legally justifiable, for which the beneficiary must make restitution or recompense. Black's Law Dictionary(8"'ed. 2004). 12. The law of Pennsylvania holds that unjust enrichment is a quasi-contractual doctrine based in equity. See Wiemik v. P.H.H. U.S. Mortgage. Corp., 736 A.2d 616, 622 (Pa. Super. Ct. 1999), appeal denied, 561 Pa. 700, 751 A.2d 193 (2000). 13. Pennsylvania law further holds that "the doctrine of unjust enrichment is inapplicable when the relationship between the parties is founded upon a written agreement or an expressed contract..." Wilson Area Sch. Dist. v. Skepton, 586 Pa. 513, 521, 895 A.2d 1250, 1254(2006). 14. Plaintiff attached a contract to the Complaint which it bases an alternate to entitlement to recovery under Count I. 15. In the alternative, if Plaintiff's claim of unjust enrichment is permitted as a claim in the alternative to their breach of contract claim; the same must fail as Plaintiff did not adequately plead that Defendant misled Plaintiff. 16. Plaintiff has not plead that Defendant has been unjustly enriched. WHEREFORE, for all the reasons set forth above, Defendant, Sikander Isshak, respectfully requests that this Honorable Court sustain Defendant's Preliminary Objections by granting Defendant's demurrer, pursuant to Pa.R.C.P. 1028(a)(4), and dismissing the Complaint for lack of jurisdiction Respectfully S itted, Dater (?j Darrell ethlefs, Esquire ID# 58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717)975-9446 Facsimile: (717)975-2309 email: ddethlefs@dplglaw.com ddetlilefs@aol.com VERIFICATION PURSUANT TO PA. R.C.P. 1024(c) I VERIFY that the averments of fact contained in the foregoing Preliminary Objections to Plaintiffs Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided to me by Sikander Isshak, who is outside the jurisdiction and whose verification cannot be obtained within the time allowed for filing. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: '� Darrell C. ethlefs,Esquire I.D. # 58805 Darrell C.Dethlefs,Esquire IN 58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill.PA 17011 PH#:(717)975-9446 DDethlefs @aol.coin Attorney for Defendant RITE AID CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO: 2013-4135 CIVIL ACTION—EQUITY SIKANDER ISSHAK, Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Preliminary Objection To Plaintiff's Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class,postage prepaid, addressed as follows: To: Rite Aid Corporation c/o Demetrios H.Tsarouhis,Esq. 21 South 91h Street—Suite 200 Allentown,Pa. 18102 Ph.#:610-439-1500 Attorney for Plaintiff Respectfully b itted, Date: Darrell C.Dethlefs,Esquire IN 58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill,PA 17011 Telephone: (717)975-9446 Facsimile: (717)975-2309 email: ddethlefs @dplglaw.com Darrell C.Dethlefs,Esquire IN 58805 DETHLEFS-PYKOSH LAW GROUP.LLC 2132 Market Street Camp Hill,PA 17011 PH#:(717)975-9446 DDethlefs@aol.com Attorney for Defendant RITE AID CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO: 2013-4135 CIVIL ACTION—EQUITY SIKANDER.ISSHAK, Defendant DEFENDANT'S BRIEF IN SUPPORT OF HIS PRELIMINARY OBJECTIONS Respectfully mi tted, Date: /�1( Darrell C. Dethlefs, Esquire ID4 58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975-9446 Facsimile: (717) 975-2309 email: ddethiefs@dpiglaw.com ddethlefs@,aol.com Attorney for Defendant TABLE OF CONTENTS Page Tableof Contents..................................................................... i Table of Authorities................................................................ ii ProceduralHistory.................................................................. 1 Statementof Facts.................................................................. 1 Questions Presented................................................................ 1 Standardof Review................................................................. 1 Discussion........................................................................... 2 Certificate of Service............................................................... 4 ii TABLE OF AUTHORITIES Rules of Court Page Pa.R.C.P. 1 028............................................. .......... Case Law Durham Terrace, Inc. v. Hellertown Borough Autthority, 394 Pa 623, 148 A.2d 899(PA 1959).................................................................................. Muhammad v. Strassburger, 587 A.2d 1346, 1349(Pa. 1991)........... 2 Pierce v. State Farm Ins. Co., 1994 Pa. Dist. &Cnty. Dec. LEXIS 45, 3-4(Pa. C.P.1994)....................................................................... 2 Wiernik v. P.H.H. U.S. Mortgage. Corp., 736 A.2d 616(Pa. Super. Ct. 1.999).................................. ......................................... 2 Wilson Area School Dist. v. Skepton, 586 Pa. 513 (2006) ............... 2 ii I. PROCEDURAL HISTORY This action was commenced July 17,2013, by Plaintiff filing a Complaint sounding in breach of contract and in unjust enrichment. Service of the Complaint was effectuated upon Defendant on July 22, 2013. Defendant has filed Preliminary Objections to Plaintiff's Complaint.This brief is filed in support of the preliminary objections. H. STATEMENT OF FACTS Defendant, Sikander Isshak, is an adult individual with a current address at 437 Via Del Plano, Novato CA 94949-5927. Plaintiff,Rite Aid Corporation, is a Pennsylvania business corporation having its principal and registered office address at 30 Hunter Lane,Camp Hill, PA 17011. Plaintiff has alleged in its complaint that in March of 2007,Plaintiff and Defendant executed a promissory note/contract for Defendant to be employed as a pharmacist with Plaintiff for a period of three(3)years.As part of the ' employment compensation,Plaintiff agreed to pay to Defendant$30,000.00 as a signing bonus. Defendant left the employ of Plaintiff sometime in 2008. In July 2013,Plaintiff filed the Complaint in this action for breach of contract and unjust enrichment. III. QUESTIONS PRESENTED A. IF DAUPHIN COUNTY HAS EXCLUSIVE JURISDICTION OVER THE CASE SHOULD CUMBERLAND COUNTY DISMISS IT. B. IS AN ACTION FOR UNJUST ENRICHMENT INAPPLICABLE WHEN THE PLAINTIFF ALLEGES THAT THE RELATIONSHIP BETWEEN THE PARTIES IS FOUNDED UPON A WRITTEN AGREEMENT OR EXPRESS CONTRACT. (Proposed Answer In The Affirmative) IV. STANDARD OF REVIEW The standard of review of a demurrer on a preliminary objection is as follows: All material facts set forth in the complaint as well as all [reasonable] inferences... therefrom are admitted as true... the question presented by the demurrer is whether,on the facts averred,the law says with certainty that no recovery is possible... Where doubt exists ii as to whether a demurrer should be sustained,this doubt should be resolved in favor of overruling it. Pierce v. State Farm Ins. Co., 1994 Pa. Dist. &Cnty. Dec. LEXIS 45, 3-4 (Pa. C.P.1994)(citing Muhammad v. Strassburger, 587 A.2d 1346, 1349(Pa. 1991),(citations omitted), cent. denied, 112 S.Ct. 196, 116 L.Ed.2d. 156(1991). V. DISCUSSION A. WHERE JURISDICTION IN ONE COUNTY IS EXPRESSLY PROVIDED FOR IN A CONTRACT,A PARTY CANNOT BRING AN ACTION UNDER THAT CONTRACT IN ANOTHER COUNTY. Plaintiff's Complaint was filed in the Court of Common Pleas of Cumberland County. Paragraph eleven (11)of the contract, attached hereto as Exhibit"A", states; "[T]he Court of Common Pleas of Dauphin County, Pennsylvania,or, where applicable,the Federal District Court for the Middle District of Pennsylvania, shall be the exclusive venue and have exclusive jurisdiction for any and all legal actions commenced in connection with this Note..."The Court of Common Pleas of Dauphin County, Pennsylvania, is the exclusive venue and possesses exclusive jurisdiction over this action; as a result,the Court of Common Pleas of Cumberland County has no jurisdiction over the matter. Therefore, Plaintiff's Complaint should be dismissed in its entirety due to lack of jurisdiction. B. WHEN THE RELATIONSHIP BETWEEN THE PARTIES IS FOUNDED UPON A WRITTEN CONTRACT,THE PLAINTIFF CANNOT MAINTAIN AN ACTION FOR UNJUST ENRICHMENT. Defendant brings forth a Preliminary Objection in the form of a demurrer to Count II (Unjust Enrichment)of Plaintiffs Complaint pursuant to Pa.R.C.P. 1028(a)(4). Count II(Unjust Enrichment)of Plaintiff s Complaint is legally insufficient in that it fails to establish a cause of action for unjust enrichment as against Defendant. Plaintiff has alleged in paragraph three(3)and twelve(12)of its Complaint that there exists or existed a contract between the parties hereto for employment. The cause of action set forth for Count II of ii Plaintiff's Complaint is unjust enrichment. The law of Pennsylvania holds that unjust enrichment is a quasi-contractual doctrine based in equity. See Wiernik v. P.H.H. U.S. Mortgage. Corp., 736 A.2d 616 (Pa. Super. Ct. 1999),appeal denied, 561 Pa. 700, 751 A.2d 193 (2000). Pennsylvania Courts have stated that"the doctrine of unjust enrichment'is inapplicable when the relationship between the parties is founded upon a written agreement or an expressed contract.:." Wilson Area School Dist. v. Skepton, 586 Pa. 513, 521, 895 A.2d 1250, 1254(2006). Plaintiff has attached a contract as an exhibit to the Complaint and has alleged that the contract controls the relationship between the parties. Therefore plaintiff cannot maintain an action for unjust enrichment. The doctrine of unjust enrichment applies only two situations where there is no legal contract.Durham Terrace, Inc. v. Hellertown Borough Autthority, 394 Pa 623, 148 A.2d 899(PA 1959). WHEREFORE, for all the reasons set forth above,Defendant, respectfully requests this Honorable Court sustain Defendant's Preliminary Objections by granting Defendant's Demurrer and Dismissing the Complaint for lack of jurisdiction. Respectfully Submitted, Date: Darrell ethlefs, Esquire ID# 58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717)975-9446 Facsimile: (717) 975-2309 email: ddethlefs@dplglaw.com ddethlefs@aol.com Attorney for Defendant ii Darrell C.Dethlefs,Esquire 1D#58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill,PA 17011 PH#:(717)975-9446 DDethlefs@aol.com Attorney for Defendant RITE AID CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO: 2013-4135 CIVIL ACTION—EQUITY SIKANDER ISSHAK, Defendant CERTIFICATE OF SERVICE This is to certify that on this the day of Ll-�2013, the foregoing Brief was mailed via first-class mail, postage prepaid to: To: Rite Aid Corporation c/o Demetrios H. Tsarouhis,Esq. 21 South 9"' Street—Suite 200 Allentown, Pa. 18102 Ph.#: 610-439-1500 Attorney for Plaintiff Respectfully Subm' , Date: 3 Darrell C.De efs,Esquire ]D#58805 DETHLEFS-PYKOSH LAW GROUP,LLC 2132 Market Street Camp Hill,PA 17011 Telephone: (717)975-9446 Facsimile: (717)975-2309 email: ddethlefsgdpllaw.com ddeth1efsa_aol.com 11 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter2r ttrne)W Argument Court.) In The Court of Common Pleas of Cumberland Countv= M -'-! ---------------------- -----------------------------------------------i%Ft= 331- :1---n !WM C= CAPTION OF CASE 4-,) (entire caption must be stated in full) CO ro C> I -1 r 7r Rite Aid Corporation -Z 3W =C) vs. co --A rQ Sikander Isshak co No. 4135 2013 Term I. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendaffs Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Demetrios H. Tsarouhis, Esquire (Name and Address) 21 South 9th St., Suite 200, Allentown, PA 18102 (b) for defendants: Darrell C. Dethlefs, Esquire (Name and Address) Dethlefs-Pykosh Law Group, LLC, 2132 Market St., Camp Hill, PA 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 27,2013 Darrell C thlefs ---- Signature Print yo name Defendant, Sikander Isshak Date: August 27, 2013 Attorney for INSTRUCTIONS: 7 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. RITE AID CORPORATION, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SIKANDER ISSHAK, DEFENDANT 13-4135 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO, J., MASLAND, J. AND PLACEY, J. ORDER OF COURT AND NOW, this 02 day of September, 2013, upon consideration of Defendant's Preliminary Objections and argument, unopposed by Plaintiff, we find that Dauphin County has exclusive jurisdiction over the case and therefore we DIRECT the Prothonotary to transfer this case to the Dauphin County courts. By the Court, Albert H. Masla d, J. /Demetrios H. Tsarouhis, Esquire 21 South 9th Street, Suite 200 Allentown, PA 18102 For Plaintiff ---- Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 t-, For Defendant :sal C.0 ES y c r _, z;_.