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Home My WebLink About94-05278 II) " \ I 'I ,I . .4 ~ '1 .~ , , ~ ,/ ;/ " , , / I I I I ,I I 1 I I I I , , " " . " -!:' -- :I ~ I' " , ~ I ~/ , r ~. 0- " ~ ., ~ .,.,) ''i' _oj I~' I'\J " ,,.. ,I.., r.n t~ ~~ ~ ... ~q -- " $I " Q 0 II) Q ~lJ) .~ ',:) \Ci Y'\ ~ 0'-0 " Ci o ..s .~ - i =i ,~ .....,. '-J~ I~~ , . I I ~~ I~~e gj M I ... ~I , Jsj~ ~ ~'~d lXl ~ , , , .~ lJl~ ~ ~ ~ ~ ~8zu iS~ I:! . 0 ~ , , ra.~~~ 8~H ~,~ !il~ u ~ ~ ~ HI:! III E-<ill ~ < ~ ; ~ <~E .,-i . ~8 ~~s:~ ClPl :> Vl Vl S H ~ ' , U - 1 , , . 6. On or about March 7, 1991/ the employment of the said John R. smith was terminated by the said Carlisle Tire & Rubber company as part of an organized reduction in force program. 7. The said John R. Smith was given forty-five (45) days to consider various written options for the termination of his employment. 8. Said reduction in force options included a program of early retirement with enhanced pension and health insurance benefits as an inducement for early retirement in connection with the reduction in force. 9. Among the written materials presented to the said John R. Smith in connection with the termination of his employment was a Carlisle Tire & Rubber Company Employee Severance Agreement and Release, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 10. Among the provisions of the said Employee Severance Agreement and Release to which the said John R. smith was induced by the enhanced benefits to agree was the release by the said John R. Smith of Defendant from any and all claims arising out of or in anyway related to the employment of the said John R. Smith WAYNE F, SHAD!! AtlonW)I .t l..... J Sooth Hanuvrr Slrrcl ('.,UIIe. PrMllytnni. \1UI.\ -2- WAYNE F, SHA'W Attomty It t..w , South HlllUOi!H Strttl ClrUllr, PrMI)'I\lanll 1711U with Carlisle Tire , Rubber company and the termination of that employment. 11. said released claims included, specifically, claims under the Age Discrimination and Employment Act and all other claims uf wrongful discharge. 12. At the time of execution of said Employee Severance Agreement and Release by the said John R. smith on or about March 7, 1991, the said John R. smith was presented by Defendant with an Attachment 3 to the Employee Severance Agreement and Release, a copy of which Attachment 3 is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth. 13. Paragraph 2 of said Attachment 3 expressly provided that Defendant would "pay the cost of a Blue Cross/Blue Shield of Pennsylvania medical plan" for the said John R. smith and his spouse until each of them would be eligible for Medicare at age sixty-five. 14. Within approximately three weeks of the death of the said John R. Smith, Defendant advised Plaintiff in writing that her health insurance coverage through Carlisle Tire' Rubber company would be terminated unless she were to pay premiums and would, in any event, be terminated after thirty-six (36) months. -3- Carlisle Tire & Rubber ~ Cnrli~hl 't1l11 & lIuIJIJlII CUII\PPII~ 6IJblI4ID'V 01 CII,Ual, CO'PO'lllon PODoll 88 Ctllll,I" PA 17013 11171,,40-1000: TOIIII "".2330 ICDflillt Cl5LI. fo_ 17171 ;~9.0011 ClIRLISI.E Tlru~ & HUllIll'J~ CXMl'lIN'/ ~:-Il'LOY~ SlM'JW1CB I\GRBf1o\l:"llf I\ND HELFJ\SB Nl'l','>QU'O'Ilf I TIlLS is an r.GlU';I'1/.m:'1', nL"1'.\~llitl C,IRLISLI:; '1'I~' ~ ~UBI3r.;j( CQ',jpWY a subsidiary of Carlisle Corporation, ('1'he "co:'['.'\l'Y") ,1no _ iJ ,f", . S .~'\. ,'-I-n , concerning severance from t?mployr,'.ent ',"'1 th the <.:n:-{).:my. 1. As a result of a reduction in \~or).; force pro.Jrilffi instituted by the COlll':,any, \~hich incl\)(;Cll job elii:lin.1tiol1s ilnd a reorganization, .... \c. h 11..-___ 's cln~)loym2nt \>'i th the Comp"l1Y was severed uS of j\'\ar,-" I I I 'l'tL--' \ Dl acce?ts the Severilllce Program as offered by the co:npaniand ~hich 15 o\ltllned on l::Xhibit 1, '.Ihich is i11ilde a part of this Severance Agrccn~nt and Release. 2. 3. In .~xchange for receiving the benefits of the Severance Program O::''Chibit 1), to ',':hich ..::fcJh " iG not otherwise entitled, .Jii'"... lrrevocably anet .IDsolutely releascs the COl1pany, it I S cmployees, off leers, di rectors, agents, successors and oJsslgns, and any ","rent, relat()d, aff i liated or Gubsidiary corporations, Dnd their respective e;"lJloyees, off icers, circctors, agents, successors uncl assigns, from any and all c;ebts I claims cl<2.11anCS, damages, actions, unci causes of Dctions of [>I1Y kind \:hatsocvcr, \1hcther Imo',m or unlmOl-lrl or unforeseen, ',;hich :J CJ II '1 no'" has, clail'1S to have or hereafter may have against any of the~1 for. cr by r.eason of any matter, cause, or thing occurring at c.ny tilr" prior to or contemporaneous with the c'~ecution of this Severance j\tJrc<m'X~nt ~-..n(; Hclcasc including, \d thOllt limitatiol1 of the foregoing, thos'2 arising out of or in any way related to ...J 0 h V1 's employm::nt by the CO~ilI1Y and the terminDtion of that eJ;''JloY,Tf2nt ,iJ;c!or any cl.:iL'i1S unc;er th~ I'.ge Di scrimination in DTIrlol~l\E!nt ".ct, Title VII of the Ci vil :lights IICt of 1%4, claims under any Federal Civil RightG st,ltutes, inclucUns, but not limited to any Federal, State, or loc"l ,~t"tlltc \,'hich rel.:',tes to c:i,;cri::-,inDtion in employment on the basis of sex, rl:Ct~, color, nutioll.::~l ori(Jin, ':HJC, national status, religion, cis~1hi Ii t':/ I c1' 11i:ndicap I or ~lny cl ai:~\~~ for r:cftIJl1..1t ion or \.Jronqful eli schargc. Jolt ~ clckno'dledgc::; t~l,_it ht:/:.~h~ has lJ0cn advi sed by the C0IClpiU1Y, to consult '11th <111 attorney l.:",for<! ,,;igning this SeveroJllcc t\grcemcnt .:lnd 1,clL'cl:;f:J. .... /i/11 Y1 (;f.:'cl.Jrcs that he/sh(~ has read the tClin~) or thi~i ~;12Veri1nCC r\~Jrc!QrL'cnt t\l1d Helcu5c canplctcly I ul1(!erstand the s.-,u,: ,1l1d voluntolri 1 y "cc'.'nt,; thc:n, after co:;rplcte considcrr":ltion of ~lll fdet:; c.1nd circu:n:':itl-incc:i; .j~/t) Vl further ackno'.ylcd(Jt.~:; thdt he! sh.:~ h.]~l htld th,~\ o;,J[JOrtuni ty to cons\11 t Wl th an attorney nnd j-ld~; b(,"'~11 qi\il~n fGrty-riv(.' (4S) (~<1Ys i,n \./hich to consider U1i!; ~~cverlJncc ,\sr('f:':')'~llt t:ncl r:e ll:a:x1. ..;J~(, fJ~"( ~ .... . V . '.. eXHiBIT "A" IlEe I:J I 'I rO'1 ,1..1 . J , I,'i "'i' t\'r 1 , " I' ,I .l,t I I I, 1 'I' " 'I I, I' " " " 'I I 'I , , " , I , " , 1 " I, I 'I , ,"-; " , , "'-'~.'''''T''''l ,,'., ....~,_".ry-',......'"'ll!',......-.,.