Luebke v. Erie Press Systems

4 Pa. D. & C.4th 48, 1989 Pa. Dist. & Cnty. Dec. LEXIS 128
CourtPennsylvania Court of Common Pleas, Erie County
DecidedAugust 2, 1989
Docketno. 1833-A-1988
StatusPublished

This text of 4 Pa. D. & C.4th 48 (Luebke v. Erie Press Systems) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luebke v. Erie Press Systems, 4 Pa. D. & C.4th 48, 1989 Pa. Dist. & Cnty. Dec. LEXIS 128 (Pa. Super. Ct. 1989).

Opinion

LEVIN, /.,

This matter comes before the court on defendant Erie Press Systems’ motion for summary judgment. In the winter of 1987, plaintiff, Gordon Luebke, was arrested by the police in Erie, Pennsylvania, on criminal charges of indecent assault and corruption of a minor. Later, on April 27,1988, Luebke pled guilty to the criminal charges. Plaintiff had committed these crimes while employed by Erie Press Systems. Consequently, on [49]*49June 17, 1988, Luebke was sentenced to 11 and one-half months of incarceration and three years of probation. At the time of the sentencing, work release was approved for plaintiff. Because Mr. Luebke had not made the necessary arrangements to enable him to participate in the work-release program, he was incarcerated.

Erie Press claims it first became aware that Luebke had been engaging in and convicted of the crimes of indecent assault and corruption of a minor when Luebke’s sentencing was published in the local newspaper, the Erie Morning News, on June 1-8, 1988. On the other hand, plaintiff claims that before his plea he had consulted with Mr. John Torrelli, his supervisor at Erie Press Systems, and had advised Mr.. Torrelli of the possibility that he might be incarcerated. Further, plaintiff avers that Mr. Torrelli stated there would be no problem with plaintiff continuing his employment with Erie Press Systems through the work release program, if it would be available to Mr. Luebke. In addition, plaintiff alleges he was told by Mr. Torrelli that he would be permitted to take a leave of absence, so that he would continue to be employed by Erie Press Systems.

According to plaintiff, shortly after he was bound over to district court, he advised John Torrelli that criminal charges- had been brought against him. Plaintiff again contacted Torrelli in early April 1987, prior to his plea. On this occasion, plaintiff alleges that Torrelli assurred him that continuation of employment at Erie Press would not be a problem in the event that plaintiff chose to plead guilty to the., charges.

On June 19, 1987, Erie Press Company sent a letter to Mr. Luebke in prison informing him that Erie Press had terminated his employment. Defen- - [50]*50dant states that Mr. Luebke was discharged because he violated work rule no. 27, which is set forth-as follows:

“The listing below covers common rules of conduct. The disciplinary sanctions listed below will be imposed unless extenuating circumstances are shown to exist.
“Penalties for Violations”
“Nature of Rule Violation First [Offense]
“(27) Immoral conduct or
indecency Termination”

At the time of filing the motion for amendment, the statute of limitations had not yet passed. In addition, the discovery was still being carried out. However, plaintiff had been deposed previously without defendant having benefit of the amended pleading.

Pennsylvania Rule of Civil Procedure 1035(b) provides that summary judgment “shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Plaintiff alleges a series of arguments which the court will discuss seriatim.

The threshold issue before’the court is whether plaintiff should be permitted to amend his pleadings. It has been held that a right to amend pleadings exists up to the time of trial unless prejudice would result to the adverse party. West Penn Power Co. v. Bethlehem Steel Corp., 236 Pa. Super. 413, 348 A.2d 144 (1975). Amendments are .liberally granted in Pennsylvania, Pa.R.C.P. 1033. In the instant case, since the statute of limitations had not yet passed, no prejudice would result to defendant [51]*51in allowing plaintiff to amend other than possible costs which would be incurred by further discovery depositions of the parties which may not have been necessary if the request for amendment had not been filed. This, since it can be corrected,

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Bluebook (online)
4 Pa. D. & C.4th 48, 1989 Pa. Dist. & Cnty. Dec. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luebke-v-erie-press-systems-pactcomplerie-1989.