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The Court specifically held: Since the [original] complaint was defective, the [PHRC] was without jurisdiction to rule on the merits of this case until the properly pleaded ‘Amended Complaint,’ and thus we find no merit in appellant's tolling argument. In the instant case, the original complaint was not defective, thus giving the PHRC jurisdiction to hear the matter.
Similarly we dismiss their contention that the second pleading corrected the first, since the ‘Amended Complaint’ could not properly be construed to convey ex post facto jurisdiction for a period beyond the statutory limit. The language in the complaint and the amended complaint both state a cause of action for retaliatory eviction. Count II of the complaint is labeled “Housing Discrimination (Retaliation),” and includes a paragraph alleging:15. Count I of the amended complaint is labeled “Evict Retaliation–Discrimination,” and contains paragraphs claiming:7.
By letter dated August 3, 2006, Dotson's attorney advised Drexelbrook that Kay's action of terminating the lease was considered a retaliatory action.
On October 16, 2006, Dotson filed a complaint with the PHRC alleging unlawful retaliation naming LWK Corporation d/b/a Drexelbrook, 4812 Drexelbrook Drive, Drexel Hill, PA 19026, and d/b/a Drexelbrook Caterers, and Drexelbrook Catering, Drexelbrook Drive and Valley Road, Drexel Hill, PA 19026, as Respondents. The amended complaint added a claim against Kay for aiding and abetting.
I allege that Respondent's actions were retaliatory because I was a resident at this Respondent (sic) property for about eleven (11) years. Both the complaint and the amended complaint were served on Drexelbrook Associates and both contained an allegation of retaliatory eviction against “Respondent .” The chart below illustrates with detailed comparison why we must adhere to Vintage Homes and the stare decisis upon which it relied.
I also worked for the Respondent for about one year. As in Wright and Vintage Homes the original complaint brought the right party, Drexelbrook Associates, before the PHRC as a result of the service of process, and the amended complaint merely sought to change the closely-related corporate designation of Drexelbrook to Drexelbrook Associates.
Section 9(h) of the PHRA provides that “[a]ny complaint filed pursuant to this section must be so filed within one hundred eighty days after the alleged act of discrimination․” This Court in Vintage Homes, Inc. Pennsylvania Human Relations Commission, 581 A.2d 1014 (Pa.
Cmwlth.1990), held that “the act of permitting [a party] to amend her complaint with the [PHRC] for the purpose of correcting the corporate name of the respondent did not have the effect of enlarging the time limitations set forth in the [PHRA]․” Id., 581 A.2d at 1017. The Court in Vintage Homes specifically concluded that “the right party was brought within the [PHRC's] jurisdiction by the original complaint, but under the wrong corporate designation” based upon the close relationship of the corporate entities. Factors relied on by the Court included the fact that the initial complaint was served at the correct mailing address, and that the allegations made in both complaints were identical. Drexelbrook Associates owns Drexelbrook, and Kay is both Drexelbrook Associates' general partner, and Drexelbrook's president.
In addition, although Drexelbrook Associates, and Drexelbrook have two different addresses, Dotson used the address of the correct party in her original complaint, and the original complaint was served at the correct address. Kay participated in the settlement of the sexual harassment suit, Kay signed the letter terminating Dotson's lease, and Dotson's attorney advised Drexelbrook that Kay's action of terminating the lease was considered an unlawful retaliatory action.Thus, adding him in the amended complaint was not the correction of a named Respondent, but the addition of a Respondent. Because the 180 day statute of limitations had lapsed before the amendment, the PHRC had no jurisdiction to address any claims against Kay. Although the complaint misstates the sections of the PHRA that apply, Count I is specifically labeled “Retaliation.” Count I includes a paragraph stating:9. Respondent retaliated against [Dotson] as a result of her complaints of harassment, hostile work environment and constructive discharge, by evicting [Dotson] from her apartment by letter․C. On April 19, 2006, the Respondent notified me that my lease was being terminated effective June 24, 2006. 978 (1903), wherein, it was held: A party whose name it is asked to amend must be in court.[Dotson] was forced to leave her home for more than eleven years, in retaliation for her complaints of harassment, hostile work environment and constructive discharge. The Respondent did not give a reason for terminating my lease.8. Clearly, both the complaint and the amended complaint state a cause of action for retaliatory eviction. This Court in Vintage Homes, quoted the Pennsylvania Supreme Court in Wright v. If the effect of the amendment will be to correct the name under which the right party was sued, it should be allowed; if its effect will be to bring a new party on the record, it should be refused after the running of the statute of limitations. In this case, the original complaint named LWK Corporation d/b/a Drexelbrook, and the amended complaint named Drexelbrook Associates.