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Home My WebLink About05-1642 KATHRYN L. SIMPSON, ESQUIRE Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 717-232-5000 Telephone 717-236-1816 Fax klsimpson@mette.com COMMERCE BANK/HARRISBURG, N.A., 100 Senate Avenue, Camp Hill, PA 17001-8599 V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. lb ya - 2005 Civil Action - (x) Law () Equity JOEL GILLICK, 351 Quay Avenue, Scranton, PA 18504, Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney (x ) Sheriff KATHRYN L. SIMPSON, ESQUIRE Mette, Evans & Woodside 3401 North Front Street Harrisbur PA 17110 , 717-232 000` Sign ure o Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: a,?? 2? 2Cr?S By ?J2L M A?Z ( ) Check here if reverse is issued for additional information 420537vl (I -) .wl l f - .rte i:=.? r v? SHERIFF'S RETURN - OUT OF COUNTY ` CASE NO: 2005-01642 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG NA VS GILLICK JOEL R. Thomas Kline , Sheriff or Deputy Sheriff who duly sworn according to law, says, that he made a diligent seal and inquiry for the within named DEFENDANT , to wit: GILLICK JOEL being and but was unable to locate Him in his bailiwick. He therefor deputized the sheriff of LACKAWANNA County, Penn , to serve the within WRIT OF SUMMONS On April 18th , 2005 , this office was in receipt of t attached return from LACKAWANNA Sheriff's Costs: So answers .'-----, Docketing 18.00 - / Out of County 9.00 ? Surcharge 10.00 ? Thomas Kline Lackawanna/Notary 28.20 Sheriff of Cumberland County Postage .74 65.94 04/18/2005 METTE EVANS WOODSIDE Sworn and subscribed to before me this -?- day of A.D. othono In The Court of Common Pleas of Cumberland County, P Comrmerce Bank Harrisburg NA vs. Joel Gillick No. 05-1642 Now, March 30, 2005 , I, SHERIFF OF CUMBERLAND COUNT- hereby deputize the Sheriff of Lackawanna County to execute this deputation being made at the request and risk of the Plaintiff. •?" f?-r:.?-:x:'.?':" .a??.%...e.r><r-ice Sheriff of Cumberland County, R Affidavit of Service Now, within 20_, at o'clock M. upon at by handing to and made known to So answers, the contents Sworn and subscribed before me this day of 20 copy of the original Sheriff of COSTS SERVICE _ MILEAGE AFFIDAVIT S PA, do Nrit, this the PA S 4 CASE NO: 2005-00147 T SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYIrVANIA: ' COUNTY OF LACKAWANNA COMMERCE BANK HARRISBURG NA VS GILLICK JOEL KERRY MCHUGH Deputy Sheriff of Lackawanna County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GILLICK JOEL th DEFENDANT , at 0008:53 Hour, on the 6th day of April 20 at 351 QUAY AVENUE y SCRANTON, PA 18504 by handing to HIM PERSONALLY AT 200 NORTH WASHINGTON AVE SCRANTON a true and attested copy of WRIT OF SUMMONS together w'th and at the same time directing His attention to the contents Sheriff's Costs: Docketing C .00 Service O .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and me t]hi xoi.es AG,.1? 005 fore So Answers: John Szymanski, Sheriff 00/00/00 y t„pW(V"j c0 ya N.A., BANK/HARRISBURG, Plaintiff V. JOEL GILLICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1642-2005 CIVIL ACTION - LAW NOTICE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOEL GILLICK, NO. 1642-2005 CIVIL ACTION - LAW Defendant NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOEL GILLICK, NO. 1642-2005 CIVIL ACTION - LAW Defendant COMPLAINT IN ARBITRATION 1. Plaintiff is Commerce Bank/Harrisburg, N.A., a national banking institution, with office at 100 Senate Avenue, Camp Hill, Pennsylvania 17001-8599 (hereinafter "Commerce"). 2. Defendant, Joel Gillick, is an adult individual with a last known address of 331 Quay Avenue, Scranton, Pennsylvania 18504. 3. On or about March 8, 2004, Defendant became employed as a Compliance Manager for Commerce. 4. In conjunction with his employment, Defendant was advised, in his letter of employment, of the relocation reimbursement benefit which Commerce provides to its employees. A true and copy of the letter of employment is attached as Exhibit "A" and incorporated by reference herein. 5. The relocation reimbursement offer in the letter of employment provided Joel Gillick with up to $5,000 reimbursement for relocation expenses with a three year pro-rata pay back if employment ended prior to the completion of three years of service, one third of the $5,000 reimbursement would be forgiven after one year of employment, two thirds of the $5,000 would be forgiven after two years of employment, and the full amount would be forgiven after three years of employment. 6. Commerce reimbursed Defendant for his relocation expenses totaling $3,660.70. On or about October 22, 2004 Defendant voluntarily resigned from his employment with Commerce. 8. Due to the termination of Defendant's employment within one year of his start date, he is required to pay back the total relocation reimbursement given to him by Commerce. 9. Defendant's existing obligation under the letter of employment as of this date is $3,660.70. 10. A demand for payment has been made but no payment has been received from Defendant. COUNTI BREACH OF CONTRACT 11. The averments contained in paragraphs 1 through 10 are incorporated by reference. 12. Defendant contracted to repay Plaintiff for sums reimbursed to him for relocation expenses in March 2004. 13. No repayment has been received. 14. The current balance owed on the obligations undertaken by Defendant in the letter of employment is currently $3,660.70. 15. Defendant has breached his contract with Plaintiff. 16. Defendant is liable to Plaintiff for $3,660.70. 17. All conditions precedent have been met. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in the amount of the outstanding balance due to Plaintiff, plus interest, and for the costs of this suit. 2 COUNT II UNJUST ENRICHMENT 18. The averments contained in paragraphs 1 through 17 are incorporated by reference. 19. Plaintiff conferred benefits on Defendant in the form of reimbursements for relocation expenses that total $3,660.70. 20. Defendant received and retained these monies. 21. Defendant has not returned these monies despite his obligation to do so under his letter of employment. 22. It is inequitable for Defendant to retain these monies. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in the amount of the outstanding balance due to Plaintiff, plus interest and the cost of this suit. Respectfully submitted, METTE, EVANS & WOODSIDE Date:? By:'`- v U KATHRYN L. SIMPSON, ESQUIRE PA I.D. #28960 AMBROSE W. HEINZ, ESQUIRE PA I.D. #91021 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Mr. Joel Gillick 331 Quay Avenue Scranton, PA 18504 METTE, EVANS & WOODSIDE By: Ambrose W. Heinz, Esquire Sup. Ct. I.D. No. 91021 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff, Commerce Bank, Harrisburg, N.A. Date: July 19, 2005 427984v1 f'l ^? i-:: 4-? O ?_ T _ ? f. r., T :: f{ ?i .? '? f.,? ? (T1 } _1 G COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. JOEL GILLICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1642-2005 CIVIL ACTION - LAW PRAECIPE TO ATTACH VERIFICATION AND EXHIBIT TO THE PROTHONOTARY: PLEASE attach the Verification and Exhibit "A" to Plaintiff Commerce Bank/Harrisburg, N.A.'s Complaint in Arbitration which was previously filed. The Verification and the Exhibit were inadvertently omitted from the copies previously sent to you for filing. Date: July 27, 2005 Respectfully submitted, METTE, EVANS & WOODSIDE By: ) Kathryn L. Simpson, Esquire Sup. Ct. I.D. No. 28960 Ambrose W. Heinz', Esquire Sup. Ct. I.D. No. 91021 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff 428978vl Commerce 68ank. March 8, 2004 Joel CAW* 331 Quay Avenue Scranton, PA 18504 Dear JOeL This letter oohs our o17er of Back as follows: employment with Commerce Titan: C Manager Start Date: On March 8, 2004 Annual Salary: 565,000.00 annually, earned and paiid bi-weekly; Beae6ta: Elipable to participate in the Hank's entphoyeebenefit ptoprem, i.e. life, medical, demal, vision, and Lump Trmm Disability izurnadiately upon . biro; PTO aerx= at a t oe of 9.84 horvskvy period; Soren Hoy Pmployee Stock Purchase Plan immediately upon hire; 401(k) Place: effective January 1. 2005. and discounted mall personal backing services. For specific information on our benefits, visit www.mvbeoat¢v.com The User M, is eamm ereem and the password is brneJftr. Special BeneGta: Up to $5000 reclubursament for relocation cTenw, three vear pro-tata pay back if employment ends prior to the completion of three yearn of service, 1/3 of 5,000 forgiven after one year of employment, 2/3 of 5,000 forgiven after two years of employment and Sall amour forgiven aft three yearn of amployiatent. Rwaipm are to be provided before reimtiursemeat is approval Expenses: Bank provided cell phone, laptop, and rallm revabrraemooc Form I-9: The Departmew of Justice repdaes that we exorum doatmu is that show your idemity and right to work; please bring identification with you. Acceptable forma of M include dtivees license and social security rand, birth csrtiricato or paw sport. We ate sited to offer you employment with us. Please call me at 972-3859 wide any questing and to finall?w your, start date. S' y, BARB E. R? Vtoe Ptesidem of Human Resources Commerce Bank/ Harrisburg, N.A. P.O. Box 8599 100 Senate Avenue Camp Hill, Pennsylvania 17001-8599 VERIMCATION I, Barbara E. Roth, Vice President, Human Resources of the, Plaintiff, Commerce Bank/Harrisburg N.A., am authorized to make the following verification on behalf of Plaintiff and in that regard have read the foregoing document and verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statement made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. Dated 1'Z';006' BARBARA E. ROTH 419740V TOTAL P.02 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Mr. Joel Gillick 331 Quay Avenue Scranton, PA 18504 METTE, EVAANS/ & W ODSIDE By: ?- !! v Ambrose W. Heinz, Esquire Sup. Ct. I.D. No. 91021 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff, Commerce Bank, Harrisburg, N.A. Date: July 21, 2005 427984v1 ?. n? ,? O ..:u c.n -17 .? ? .. ? -'?'? -_ ?„ . J.: -- .. -'ri 'i -- - °i COMMERCE BANKIHARRISBURG, : IN THE COURT OF COMMON PLEAS N.A., : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. NO. 1642-2005 JOEL GILLICK : CIVIL ACTION - LAW Defendant 1. Admitted. ANSWER TO COMPLAINT IN ARBITRATION 2. Admitted as to Answering Party's name. Denied as to address. Correct address is 324 Wildflower Drive, Wilkes Barre, PA 18702. 3. Admitted. 4. Denied. Exhibit A attached to Plaintiff s Complaint In Arbitration speaks for itself to extent allegations contained in said complaint. By way of further answer, Answering Party during course of negotiations for employment with Plaintiff was advised orally with regard to entitlement to a relocation benefit by Plaintiff. Denied. Answering Party did not receive any letter of employment until after termination of his employment, nor was said letter of employment ever signed or acknowledged by the Answering Party. Furthermore, the letter of employment was purportedly mailed on the date the Answering Party commenced employment with the Plaintiff and contains a mailing address that was not answering party's current address at the time as Answering Party had relocated on March 7, 2004 to Cumberland County, PA to commence employment with Plaintiff. 6. Admitted. 7. Denied, that Answering Party voluntarily resigned from employment with Plaintiff. Denied. The Answering Party did not receive any letter of employment until after termination of his employment, nor was said letter of employment ever signed or acknowledged by the Answering Party. Furthermore, the letter of employment was purportedly mailed on the date the Answering Party commenced employment with the Plaintiff and contains a mailing address that was not Answering Party's current address at the time as Answering Party had relocated on March 7, 2004 to Cumberland County, PA to commence employment with Plaintiff. 9. Denied that Answering Party has any repayment obligation to Plaintiff. 10. Neither Admitted or Denied. Said Paragraph includes conclusions of law and interpretations of law which require no response. If an answer is required allegations contained in said paragraph are denied. COUNTI BREACH OF CONTRACT 11. The averments contained in paragraphs 1 through 10 are incorporated by reference 12. Denied. Answering Party specifically denies that Answering Party ever contracted to repay Plaintiff any sums paid to Answering Party as part of a relocation benefit. 13. Denied. No repayment is due to Plaintiff. 14. Denied. That any monies are owed to Plaintiff. 15. Denied. It is specifically denied that Answering Party has breached any contract with Plaintiff. 16. Denied. It is denied that Answering Party is liable to Plaintiff. 17. Neither Admitted or Denied. Said Paragraph includes conclusions of law and interpretations of law which require no response. If an answer is required allegations contained in said paragraph are denied. WHEREFORE, Answering Party respectfully requests this Honorable Court to dismiss the Plaintiff's Complaint in Arbitration for the amount sought, plus interest, and for the costs of this suit. COUNT II UNJUST ENRICHMENT 18. The averments contained in paragraphs 1 through 17 are incorporated by reference. 19. Denied. Pursuant to negotiations of employment these benefits were orally communicated to Answering Party by Plaintiff pursuant to an offer of employment. 20. Admitted. Answering Party received and retained these benefits pursuant to negotiation for employment. By way of further answer, during Answering Party's interview with Plaintiff on March 5, 2004 and Plaintiff's oral offer of employment on March 5, 2004 whereby Plaintiff requested that Answering Party commence employment on Monday March 8, 2004; no repayment obligation was communicated to Answering Party. 21. Denied. Denied that Answering Party has nor ever had any obligation to repay said monies. 22. Denied. Answering Party was entitled to the benefit by accepting Plaintiffs oral offer of employment which included the relocation benefit. WHEREFORE, Answering Party respectfully requests this Honorable Court to dismiss the Plaintiffs Complaint in Arbitration for the amount sought, plus interest, and for the costs of this suit. Respectfully submitted, Date: l )O G By: J60 Gillick 324 Wildflower Drive Wilkes-Barre, PA 18702 (570) 947-4955 Answering Party CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Wilkes-Barre, Pennsylvania, with first-class postage, prepaid, as follows: Mette, Evans & Woodside Attn: Kathryn L. Simpson, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 By: Joel Gillick 324 Wildflower Drive Wilkes-Barre, PA 18702 (570) 947-4955 - Phone Answering Party Date: August 17, 2005 VERIFICATION I, Joel Gillick, verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that any false statement made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: 41 17 C05- J e Gillick ?? ?? c ; „ o -n ??',., r'° Y'r G--j R? r _ _ ? 'CJ (Ti C? C7 L?( ^? ,_?1 CJ ? Sri l ?-? ?? c? Curtis R. Long Prothonotary office of the Protbonotarp ?urttberianb UCauir><tp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 05 - I642,o CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573