Vintage Homes, Inc. v. Pennsylvania Human Relations Commission

581 A.2d 1014, 135 Pa. Commw. 590, 1990 Pa. Commw. LEXIS 580
CourtCommonwealth Court of Pennsylvania
DecidedOctober 25, 1990
DocketNo. 459 C.D. 1990
StatusPublished
Cited by2 cases

This text of 581 A.2d 1014 (Vintage Homes, Inc. v. Pennsylvania Human Relations Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vintage Homes, Inc. v. Pennsylvania Human Relations Commission, 581 A.2d 1014, 135 Pa. Commw. 590, 1990 Pa. Commw. LEXIS 580 (Pa. Ct. App. 1990).

Opinion

BARBIERI, Senior Judge.

This action was begun when Jean Simchak attempted to file a complaint against her employer with the Pennsylvania Human Relations Commission (Commission), alleging wage-based sex discrimination and harassment, and also alleging that she was forced to resign in July 1986. No determination has yet been made by the Commission on the merits of these allegations, and this decision does not address them. The scope of the matter before us is limited to a procedural question, concerning the extent of the Commission’s authority to permit a complainant to amend a complaint for the purpose of changing the name of the party designated as the respondent.

Simchak filed her initial complaint in September 1986, naming an entity known as Vintage Realty, Inc. as respondent. In the body of her complaint, Simchak made various allegations of discriminatory treatment by “Respondent” and Gene Paul Percudani, whom she described as “the owner of the Respondent.” (Complaint of 9/26/86, paragraph 6). On January 15, 1987, counsel for Vintage Realty, Inc. submitted to the Commission a motion to dismiss. This motion stated that there had been no employment relationship between Simchak and Vintage Realty, Inc. The motion also acknowledged that Simchak had been employed by an entity known as Vintage Homes, Inc., and noted that she had filed no claim against this second entity.

Several months passed during which the Commission attempted to obtain additional information regarding these two business entities. The record includes a letter to the Commission from counsel representing Vintage Realty, Inc.,1 dated November 20, 1987, which was sent in response to Commission inquiries. In this letter, counsel claims that the two corporations are separate entities, although they [592]*592conduct business out of the same office; that the sole stockholder of Vintage Homes, Inc. is Gene Percudani; and that the sole stockholder of Vintage Realty, Inc. is Kathie Percudani. Attached to this letter is a document purporting to list the employees of Vintage Homes, Inc. Appearing on that list, along with Simchak’s name, are the names “Gene Percudani” and “Kathy Percudani.”

In an attempt to clear up any confusion, Simchak submitted to the Commission a copy of her employer’s letterhead, and the business card she used while working there. (Attached to this memorandum opinion as Exhibit-1). These materials contain the names of both Vintage Realty, Inc. and Vintage Homes, Inc. These materials also indicate that both entities are divisions of a third entity named Raintree Enterprises, Inc.

Having received this information, Thomas L. McGill, Jr., Chairman of the Commission, issued the first of several interlocutory orders in this matter. In this order, dated April 13, 1988, McGill granted the motion to dismiss filed by Vintage Realty, Inc. However, McGill also gave Simchak leave to amend her complaint until May 6, 1988, to substitute Vintage Homes, Inc. as a replacement respondent.

Simchak filed an amended complaint in April 1988, in which she named both Vintage Homes, Inc. and Vintage Realty, Inc. as respondents, and in addition designated as a respondent “Raintree Enterprises.” The body of this complaint appears to be identical in all other respects with her original complaint. Vintage Homes, Inc. now filed a motion to dismiss, alleging that Simchak had not commenced an action against Vintage Homes, Inc. within the time limits set forth in the Pennsylvania Human Relations Act (Act).2

McGill issued a second interlocutory order, dated January 26, 1989, in which he directed that Vintage Realty, Inc. be deleted as a respondent, in accordance with his previous [593]*593order. McGill denied the motion to dismiss of Vintage Homes, Inc., and permitted this entity to be substituted as the respondent in Simchak’s complaint. McGill also permitted Simchak to include Raintree Enterprises, Inc. as a respondent, and gave her leave to correct her complaint, if necessary, to reflect the proper or official name of this third entity. \

Vintage Homes, Inc. then petitioned for reconsideration, alleging that the Commission had abused its discretion by extending the limitations period within which a complaint must be filed under the Act. McGill, in an order dated July 14, 1989, granted the motion for reconsideration, but denied the ultimate relief sought; namely, granting the motion to dismiss the complaint. A petition for modification, seeking to have the interlocutory order of January 26, 1989 certified for appeal, was denied in an order dated August 29, 1989.

In the meantime, Simchak filed another amended complaint in September 1989, in which she designated Vintage Homes, Inc. and Raintree Enterprises, Inc. as respondents. Again, the body of this amended complaint appears to be identical with that of her original complaint and previous amended complaint. These two entities then filed a motion to dismiss this latest amended complaint. This motion was also denied by McGill in an order dated December 14, 1989. These same entities then filed a petition requesting that McGill modify his December 14, 1989 order to certify it for appeal.

As a result, on January 29, 1990, McGill issued an order in which he amended his interlocutory order of December 14, 1989 to include the following findings:

1. That the December 14, 1989 Order involves a controlling question of law as to which there is a substantial ground for difference of opinion; and
2. That an immediate appeal from the Order may materially advance the ultimate termination of this matter.

Accordingly, Vintage Homes, Inc. filed with this Court a petition for permission to appeal, pursuant to Section 702(b) [594]*594of the Judicial Code, 42 Pa.C.S. § 702(b), and Pennsylvania Rule of Appellate Procedure 1311. By order dated March 23, 1990, this Court granted said petition, and allowed appeal from all of the interlocutory orders entered by the Commission in this matter.3

Having set forth this lengthy procedural background, we now turn to the issue at hand. Vintage Homes, Inc. (which we shall hereafter refer to as Petitioner) contends that the Commission effectively enlarged the time limitation within which a complainant must file a complaint with the Commission by permitting Simchak to amend her complaint twice to name as respondents parties who were not named in her initial complaint. Petitioner contends that the Commission is without authority to permit such amendments beyond the statutory limitations period prescribed by the Act.

Section 9 of the Act provides, in pertinent part:

(a) Any person claiming to be aggrieved by an alleged unlawful discriminatory practice may make, sign and file with the Commission a verified complaint, in writing, which shall state the name and address of the person, employer, labor organization or employment agency alleged to have committed the unlawful discriminatory practice complained of, and which shall set forth the particulars thereof and contain such other information as may be required by the Commission____
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(g) ... Any complaint filed pursuant to this section must be so filed within one hundred eighty days after the alleged act of discrimination____

43 P.S. § 959(a) and (g).

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Bluebook (online)
581 A.2d 1014, 135 Pa. Commw. 590, 1990 Pa. Commw. LEXIS 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vintage-homes-inc-v-pennsylvania-human-relations-commission-pacommwct-1990.