IN THE COURT OF COMMON PLEAS, MONTGOMERY COUNTY OHIO

CIVIL DIVISION

SUMMONS

PLAINTIFF CASE NUMBER

MICHAEL PENNESSI et al 2017 CV 03361

VS

DEFENDANT ARTICLE NUMBER

HANGER PROSTHETICS AND ORTHOTICS

INC

787236375909

TO THE FOLLOWING NAMED DEFENDANT:

HANGER PROSTHETICS AND ORTHOTICS INC

ONE ELIZABETH PLACE SUITE 300

DAYTON OH 45417

You have been named a Defendant or Respondent in a complaint filed in Montgomery County

Court of Common Pleas, Dayton, Ohio.A copy of the Complaint is attached.

BY:

MICHAEL PENNESSI

1133 NAPA RIDGE

CENTERVILLE, OH 45458-6018

PLAINTIFF ATTORNEY:

ROBERT L. GUEHL

2312 FAR HILLS AVENUE #350

DAYTON, OH 45419

You are hereby summoned and required to serve upon the Plaintiff’s attorney, or upon the Plaintiff,

if the Plaintiff does not have an attorney, a copy of an Answer to the Complaint within 28 days

after receipt of this summons, exclusive of the day you received the summons. Your

original Answermust be filed with the Clerk of Court’s Office within 3 daysafter you serve the

Plaintiff’s attorney or Plaintiff.

ELECTRONICALLY FILED

COURT OF COMMON PLEAS

THURSDAY JULY 20 2017 07:55:49 AM

CASE NUMBER: 2017 CV 03361 Docket ID: 31126029

GREGORY A BRUSH

CLERK OF COURTS MONTGOMERY COUNTY OHIO
If you fail to appear and defend, Judgment by Default may be rendered against you

granting Plaintiff(s) the relief demanded in the Complaint.

NOTE:

If you are represented by an attorney, your attorney is required to electronically file your Answer

through the Court’s authorized electronic filing system. See Montgomery County Common Pleas

Court Loc. R. 1.15, Electronic Filing of Court Documents, for requirements of electronic filing.

Local rules can be accessed at www.montcourt.org. Service of the Answer will be made upon the

Plaintiff’s attorney through the Court’s authorized electronic filing system. If the Plaintiff does not

have an attorney, your attorney is required to serve a paper copy of your Answer to the Plaintiff.

If you are representing yourself (appearing pro se), you have the option to file your Answer in

paper OR through the Court’s authorized electronic filing system (See Loc. R. 1.15, Electronic

Filing of Court Documents). Local rules can be accessed at www.montcourt.org. If you file your

Answer in paper, you are required to serve a paper copy of your Answer to the Plaintiff’s Attorney

or the Plaintiff. If you file your Answer electronically, service of the Answer will be made upon the

Plaintiff’s attorney through the Court’s authorized electronic filing system. If the Plaintiff does not

have an attorney, you are required to serve a paper copy of your Answer to the Plaintiff.

/s/ GREGORY A. BRUSH, ISSUED Thursday, July 20, 2017

GREGORY A. BRUSH, CLERK

COURT OF COMMON PLEAS

MONTGOMERY COUNTY, OHIO

PREPARED ELECTRONICALLY
In The Court Of Common Pleas, Montgomery County Ohio

Civil Division

RETURN OF SERVICE SUMMONS

PLAINTIFF CASE NUMBER

MICHAEL PENNESSI et al 2017 CV 03361

VS

DEFENDANT ARTICLE NUMBER

HANGER PROSTHETICS AND ORTHOTICS

INC

787236375909

TO THE FOLLOWING NAMED PARTY:

HANGER PROSTHETICS AND ORTHOTICS INC

ONE ELIZABETH PLACE SUITE 300

DAYTON, OH 45417

RETURN OF SERVICE(PERSONAL)

I received the document on ____________, 2017, at ____ o'clock ____ M. and

made personal service of it upon __________________ by locating him/them and

tendering a copy of the document and accompanying documents, on

______________, 2017.

By _____________________________________________

FEES

SERVICE $_________

MILEAGE _________

TOTAL $_________

DATE _________

RETURN OF SERVICE(RESIDENCE)

I received the document on ____________, 2017, at ____ o'clock ____ M. and

made residence service of it upon __________________ by leaving, at his/their

usual place of residence with ____________________ a person of suitable age

and discretion then residing therein a copy of the complaint and accompanying

documents, on ___________________, 2017.

By _____________________________________________

FEES

SERVICE $_________

MILEAGE _________

TOTAL $_________

DATE _________

RETURN OF SERVICE(FAILURE OF SERVICE)

I received the document on ____________, 2017, at ____ o'clock ____ M. with

instructions to make personal/residence service upon

______________________________________________________ and I was

unable to serve a copy documents upon him/them for the following reasons:

______________________________________________________________

By _____________________________________________

FEES

SERVICE $_________

MILEAGE _________

TOTAL $_________

DATE _________
PAGE INTENTIONALLY LEFT BLANK
IN THE COURT OF COMMON PLEAS

MONTGOMERY COUNTY, OHIO

Michael Pennessi

Melissa M. Pennessi

1133 Napa Ridge

Centerville, OH 45458-6018 CASE NO. 2017 CV____

Plaintiffs

JUDGE __________

vs. REQUEST FOR TRIAL BY JURY

Hanger Prosthetics and Orthotics Inc

One Elizabeth Place, Suite 300

Dayton, OH 45417

Defendant.

COMPLAINT FOR EMPLOYMENT DISCRIMINATION 

1. Plaintiff Michael Pennessi is an individual person previously employed by

Defendant Hanger from 2015 until wrongrully terminated on March 30, 2017.

2. Plaintiff Melissa Pennessi is the spouse of Plaintiff Michael Pennessi and as such

is a necessary party to this action. She has suffered damages in the form of loss of

consortium wrongfully caused by the acts of Defendant.

3. Defendant HangerProsthetics and Orthotics Inc (“Hanger”) is a corporation doing

business in Dayton Ohio.

4. During 2016, Hanger encountered financial difficulties and laid off numerous

employees.

5. At the time of his discharge, Plaintiff Michael Pennessi’s salary and benefits from his

employment with Hanger exceeded $100,000.00 per year.

Pennessi v. Hanger, 2017 CV _____ COMPLAINT Page 1 of 3

ELECTRONICALLY FILED

COURT OF COMMON PLEAS

Wednesday, July 19, 2017 5:45:51 PM

CASE NUMBER: 2017 CV 03361 Docket ID: 31126019

GREGORY A BRUSH

CLERK OF COURTS MONTGOMERY COUNTY OHIO
6. Plaintiff Michael Pennessi was discharged without just cause despite being

physically able to perform the duties and otherwise meeting the established

requirements of the job and laws pertaining to the relationship between employer

and employee.

7. Plaintiff Michael Pennessi was more than forty (40) years old at the time of wrongful

firing by Defendant.

8. Defendant, as an employer of Plaintiff, breached Ohio Revised Code 4112.02(A)

and 4112.14 by terminating Plaintiff because of his age, discharging him without just

cause, or otherwise discriminating against Plaintiff with respect to hire, tenure,

terms, conditions, or privileges of employment, or any matter directly or indirectly

related to employment.

9. As a direct and proximate cause of the misfeasance and malfeasance by Defendant

set out above, Plaintiffs have jointly suffered damages in the amount of $400,000.00

loss of income and prospective income, loss of benefits, loss of consortium, costs

of litigation, and attorney fees. 

WHEREFORE, Plaintiffs request judgment against Defendant as follows:

A. $400,000.00 compensatory damages to Plaintiffs from Defendant;

B. In the alternative, reinstatement in the employee's former position with

compensation for lost wages and any lost fringe benefits from the date of the illegal

discharge;

C. Costs of the action, interest, and attorney fees;

D. Such other remedies as this court deems just.

Pennessi v. Hanger, 2017 CV _____ COMPLAINT Page 2 of 3
Respectfully submitted,

____s/Robert L. Guehl_____

Robert Guehl (# 0005491)

2312 Far Hills Avenue

Dayton, OH 45419

Telephone: 937-479-5598

Email: rguehlesq@gmail.com

JURY DEMAND: Plaintiffs hereby demand trial by jury of all issues subject to this jury

demand.

____s/Robert L. Guehl_____

Robert Guehl

TO THE CLERK: Please serve Defendant by Certified Mail, Return Receipt Requested, at

the address listed in the caption.

____s/Robert L. Guehl_____

Robert Guehl

Pennessi v. Hanger, 2017 CV _____ COMPLAINT Page 3 of 3