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RUDOLF MUSCARELLA v. MILTON SHOE MANUFACTURING COMPANY (04/11/86)

filed: April 11, 1986.

RUDOLF MUSCARELLA, APPELLANT,
v.
MILTON SHOE MANUFACTURING COMPANY, INC.



Appeal from the Order Entered June 15, 1984, in the Court of Common Pleas of Northumberland County, Civil Division, at No. CV-81-2431.

COUNSEL

Charles J. McKelvey, Williamsport, for appellant.

Gary Glaser, New York City, for appellee.

Wieand, Watkins and Geisz,*fn* JJ.

Author: Watkins

[ 352 Pa. Super. Page 159]

This is an appeal from an Order entered June 15, 1984, in the Court of Common Pleas of Northumberland County

[ 352 Pa. Super. Page 160]

    granting defendant-appellee's preliminary objections and dismissing plaintiff-appellant's amended complaint.

On September 17, 1981, appellant, Muscarella, filed his complaint in Assumpsit alleging that he was wrongfully discharged by appellee. On October 1, 1981, appellee, Milton Shoe, filed Preliminary Objections in the nature of a Motion for a More Specific Complaint, Motion to Strike and a Demurrer. The court below sustained appellee's preliminary objections requesting a More Specific Complaint but dismissed the Motion to Strike and the Demurrer.

On May 26, 1983, appellant filed his Amended Complaint and on June 29, 1983, appellee filed Preliminary Objections in the nature of a demurrer. On June 15, 1984, the Honorable Samuel C. Ranck entered an Order granting the Preliminary Objections and dismissing appellant's Amended Complaint. Notice of Appeal to this Court followed on July 13, 1984.

In August, 1971, appellant lived and worked in New York City. He was hired by appellee's president, Saul Putterman, to work as a lasting superintendent at appellee's shoe factory in Milton PA. Appellant worked in this capacity at the Milton plant from September 1, 1971, to March 13, 1980 when he was discharged.

Appellant presents the following questions for our consideration:

Does an employee have a cause of action in Assumpsit against an employer who breaches conditions in an oral contract of employment. Specifically, did the oral contract of ...


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