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Home My WebLink About96-01659 ;,\ i. , " i H " " ,I "j , ) "' i , ,I .. ~ " I.., ii' ~ " " ,'I " \, I, /,,/ ,7 " ,I i I ! I, I " I .~ J , , " , , I, - '<l ::t: ~I'.r' ~f" I, , f - .~ '" '.:t. ',1 I.', r: , hI ;' .. \" ~. - -- ,~ ' ~ ~....'j. (Y1 C'<\ 1l:. t ..;..; ~ 'l ~..) ~ Yl :::f .1;tr "'==~----"_;'.';;;":;::;-;;::=--_-'=;;;:;~;..:;_;';::~';';;::"'-~':';:::-===;7"_::-::.:Lc;. -;::-:-,_:__:'.~_:::'~,:"::;';"'-':':;;'-~;~;'-:"'-::'~;..::'.:,.::"':=:'-:-::::-':;-::::'::-~;-.~~~~:":-";.."='.:~~~.::=:=--:::==_:,,~7:_:=-=:::-_= t:..' ~ i':l ~ ~ I~ CJ H ",' .... ~ 21 -~ .... ~ .... i ~ ~ ' +J .J ~ , :'4 j ~ .... '" o - "" .J~ .... , , 2l 16 '" > ]~ , 2: til . ::tI ~I eJ 19 ..., ~ . ~ ~ 6 :I z... ... J ~;, ~~ ~~H~ ~ 8 ~ 5~ ~1IS5!r. ~t;~ t 0( is ~..~ ~g. i.. ~ ... <0 ~ ~ u ~ " _~=::::,:",,--:;:~~,:;':';'::;'~~:"';'~;''';";';:";:::::=~~:''~='::::-:-w':==-:::=--==;=-=''=~-=~':::=.=:;=:: . . . " . ._ .."" ,__--.._" .~.:r.' "." ,-\" 1 r-- 1-"',,;~' . !IIt~...- .'~" ,......-.-. . ,:lll . ~,..:::..:$. "II _ \I ---"- - ,;-O-T"- .- h ..__ _ . ,..- '1.'l: - . , .., ~ ., , .-_... .' ..--.. .. -' JOSEPH M SEDELL. Plaintilf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION. LAW NO. 'J I.. / ~ H ("..;;./ f;L'.' HAL APEL and DIAGNOSTIC HEALTH SYSTEMS, INC. Defendants JURY TRIAL DEMANDED COMPLAINT 1, PlaintilT Joseph M, Sedell, is an adult individual residing at 45 Half Mile Drive, Gardners. Cumberland County, Pennsylvania 17324, 2, Defendant Hal Apel. is an adult individual residing at 338 North 9th Street. Denver. Pennsylvania, 17517. 3, Defendant Diagnostic Health Systems, Inc. (hereinafter "DHS") is believed to be a New Jersey corporation with a principal address of 26 Pine Boulevard, Lakewood. New Jersey 08701. 4. On or about August 19, 1993, Plaintiff met with Defendant Apel in Denver, Pennsylvania, to discuss a position with Defendant DHS as an x-ray technician working at various prisons in the Central Pennsylvania area, 5, At such meeting, Defendant Apel explained that Defendant DHS had subcontracted with another entity which had a contract with the Commonwealth of Pennsylvania to provide x-ray services atlhe Commonwealth's prisons 6, On or about September 4, 1993, Defendant Apel contacted PlaintilT by telephone at Plaintiff's home and oITered Plaintilf employment wir.h Defendant DHS as an x-ray technician on the terms and conditions which are set forth in detail below (hereinafter the "Agreement"). 7, On or aboul September 4, 1993, PlaintilT accepted such employment during a telephone conversation with Defendant Apel, At the time of such acceplance, PlaintilTwas at his home in Cumberland County, 8, On said dale and time, Defendanl Apel was acting as an agent of Defendant DHS with full authority to hire PlaintilT and establish the terms and conditions of Plaintiff's employment with Defendant DHS 9, The Agreement between the parties was entered in Cumberland County. Pennsylvania. at the time of Plaint ill's acceptance of Detendant Apel's oller. 10. Pursuant to the Agreement between the parties. Plaintill's paychecks were to be forwarded to Plaintitht his Cumberland County residence, II, Pursuant to the Agreement between the parties. Plaintitf was to be compensated at the hourly rate 01'$10,50 per hour for the first eight (8) hours in any day and $15 7S (one and one- half (I 'I,) times Plaintitl's normal hourly rate of $1 0, 50 an hour) for all hours in excess of 8 in any day, 12, Pursuant to the Agreement between the parties. Plaintitf was to receive reimbursement for mileage expenses atlhe rate of $,21 cents per mile tor all travel connected to DHS business. 13, Pursuant to the Agreement between the parties. Delendant DHS was to provide Plaintiff with coverage under a Blue Cross\Blue Shield health insurance plan with prescription drug and dental riders, Coverage under such plans was to take ellect 60 days atler Plaintiff commenced employment wilh Defendant DIIS, 14, [n accordance with the Agreement between the parties. Plaintiff commenced employment with Defendant DIIS on September 8. 1993, 15, On or About September 28. 1993. Detendant Apel intbnned Plairilitfthat he had been designaled "Head Tech" by DHS and that his regularly hourly rate had been increased to $11.25 per hour, Plaintiff was also intbrmed at this time that his regular workweek would consist of Monday. Wednesday and Friday and that Plaintill' would not receive any overtime for hours on those days. but. that all other time would be at the rate of one and one-half (I 'I,) times Plaintill's new hourly rate 01'$11.25, 16, Sometime in November of 1993. Detendant Apel revoked Plaintiff's wage increase and indicated that it had not been approved by the "main otlice," 17, Defendant Apellerminaled PlaintitT s employment with Defendant DHS on or about Augusl 19, 1994 COUNT I Breach ot"Contract .. Unpaid Waves and Frinwe Benet1h Under the Pennsylvania WI\We Payment and Collection l.aw (43 Pa C S A a 260 1 t!I.\'l!lI) 18. Paragraphs 1 through 17 are incorporated herein by reference, 19. Plaintiff was not compensated in accordance with the Agreement between the parties during his employment with Defendant DHS 20, Pursuanl to the Agreement between the parties, PlaintilT should have received $209.37 in compensation and mileage reimbursement for the pay period ending September 8, 1993. 21, Plaintiff did not receive any compensation for the pay period ending on September 8, 1993 leaving $209,37 currently in arrears, 22. Pursuant to the Agreement between the parties, Plainlill' should have received $1,990.23 in compensation and mileage reimbursement for the pay period ending September 22, 1993, 23, Plaintiff received $840,00 for the pay period ending September 22, 1993 leaving $1,150,23 currenlly in arrears. 24, Pursuant to the Agreement between the parties, Plaintiff should have received $1,915,98 in compensation and mileage reimbursement for the pay period ending October 6, 1993, 25 Plainliffreceived $976.50 for the pay period ending October 6, 1993 leaving $939.48 currently in arrears. 26. Pursuant to the Agreement between the parties, Plaintiff should have received $1.748.22 in compensation for the pay period ending October 20, 1993. 27. Plainliff received $1,186,50 lor Ihe pay period ending October 20, 1993 leaving $561.62 currently in arrears 28. Pursuant 10 the Agreement between the parties, PlaintilT should have received $1,672.26 in compensation for Ihe pay period ending November 3, 1993, 29, Plaintiff received $1,228,50 for the pay period ending November 3, 1993 leaving $443,76 currently in arrears, .. 30. Pursuant to the Agreement between Ihe parties, Plaintilf should have received $1.534.38 in compensation for the pay period ending November 17, 1993, 31. PlaintilTreceived $1,244,25 for Ihe pay period ending November 17, 1993 leaving $290,13 currently in arrears, 32. Pursuant to the Agreement bel ween the parties, PlainlilT should have received $1,497,78 in compensation for the pay period ending December I, 1993, 33. PlaintilTreceivcd $1,194.40 for the pay period ending December I, 1993 leaving $303.38 currently in arrears, 34, Pursuant to the Agreement between the parties, Plaintill' should have received $1,263.85 in compensalion for the pay period ending December IS, 1993, 35. Plaintilf received $1,19725 for the pay period ending December IS, 1993 leaving $66,60 currently in arrears, 36, Pursuant to the Agreemenl between the parties, PlaintilT should have received $1,414,89 in compensation for the pay period ending December 29, 1993. 37, Plaintill'received $1,081.50 for the pay period ending December 29, 1993 leaving $333.39 currently in arrears, 38, Pursuant to the Agreemenl between the parties, Defendants currently owe PlaintilT $4,297.96 in oUlstanding wages and mileage reimbursement for services performed by PlaintilT 39, Plaintilf has made repeated and continued demand on Defendants for such compensation, 40, Defendants have, repeatedly and withoul any basis. refused 10 pay these wages to PlaintilTin violation of the Pennsylvania Wage Payment and Collection Law (43 Pa.C.SA. section 260, I el .~eq.), 41, In addition to the wages and mileage reimbursements which are currently in arrears, Plaintiffs health insurance coverage under a Blue Cross\Blue Shield plan with prescription drug and dental riders was to have commenced in January, 1994, 42, Plaintiff was not in fact provided with such health insurance coverage until May 23. 1994, 43. Pursuant 10 the Agreement between the parties, Ihe value of some 10111' months of health insurance coverage is currently in arrears and owed to Plainlill' by Delimdants, 44, The value of sllch coverage is believed to be approximately $1,200,00. 45 Plaint ill' has made repeated and continuous demands on Delendants lor the value of such health insurance coverage, 46, Delendants have, repeatedly and without any basis, relused to compensate Plaintilf for such lost coverage in violalion of the Pennsylvania Wage Payment and Collection Law (43 Pa.C,SA section 260,11!/.\'CCr) 47. As of this date, Delendants have failed to pay Plaintill'the $5.497,96 in wages and other fringe benelits (as outlined above) which are currently in arrears despite Plaintiff's repeated demands for same in violation of the Pennsylvania Wage Payment and Collection Law (43 Pa.C.S,A. section 260, I e/ .\'CCr), 48, By reason of the foregoing, Plaintilfis entitled to liquidated damages in accordance wilh the Pennsylvania Wage Payment and Collection Law (43 PaC.SA section 260,10) and claim is made therefor, 49. As a reslllt of the foregoing refusal of Defendants to pay PlaintilTthe compensation currently in arrears, Plaintiff has been forced to incur allorney's fees and claim under the Pennsylvania Wage Payment and Collection Law (43 Pa,C.S.A, section 260,9a(l)) is made therefor. WHEREFORE, Plaintiff demands judgment against Defendants for an unliquidated amount not in excess 01'$25,000.00, together with interest, liquidated damages, allorneys fees and cosI$, ARTSON, DEARDORFF, WILLIAMS & OTTO By Thomas G, Collins, Esquire ID No, 75896 Ten East High Street Carlisle, P A 170 )3-3093 (717) 243-3341 Allorneys for Plaintiff Dale: March 27, 1996 " .1 HILL AND FRIEDLAND BYe Harvey Friedland, Esquire Attorney I.D. ~45798 603 Swede Street Norristown, PA 19401 (610) 275-4222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH M. SEDELL, Plaintiff No. 96-1659 Civil Term v. .~L APEL and DIAGNOSTIC HEALTH SYSTEMS, INC. Defendants DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT IMPROPBR VBNUB 1. Plaintiff filed the within action in Cumberland County, Pennsylvania which is the place of residence for the Plaintiff. 2. Plaintiff alleges a breach of an employment contract with Defendants and requests certain wages. 3. Pursuant to Pa.R.C.P. t006(a) an action against an individual may be brought in and only in a County wfiich he may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other County authorized by law. 4 . Defendant Apel is a resident of Denver, Lancaster County; , , , , , , .1' Pennsylvania. I I 1 ~ WHIRIFORI, Defendant respectfully requests this Honorable Court enter an Order striking the Plaintiff's Complaint and/or transferring this matter to Lancaster County. RESPECTFULLY SUBMITTED; HILL AND FRIEDLAND /);'}{i ,7 ,~, ,)- ''-IJJ,A-i-I.'.'' HARVEY FRIEDLAND, ESQUIRE Attorney for Defendants ': ,,' I' , , 3 ',. , I,t) / - L1tl .. ',1 "-'J {" . , ~fl, '0, f" ..) " c..' -'. ( I, (} _.f") , I . r,., ~' I /' 'J .. ;"1/ 'I.../... _.,J oJ " " ,,', ' -' ,,'j " " \',: . '" - c0 {,.- r J~ ~J~ ~;. ~~ I ' ,. ~~. ~;. 6: \~ , 'l lJ'. , ~!' , . I .i!J " , '~ . r , ~~, " , , ",' \ ;\\! ; . ,;1 I.' " H I 11 ;,1, ~ ; ! " ,]. I ~: ::/',1 ,I, " 1,' '1" ~ , "J , , I I , , " " I li/,.;' i'. III, 1",1 II" Ill,,'!" j, ' ! ' , fl', ~ '.1 l ',J\ I /.t ,I I' I I: " , . ':) ", I I , .1,: I tit ,I l,j , '1,11':f- 1.1\ , r>j'i , il. , I ,~ I I I "Ii I, f II , J L I IJ I " '1'1' i\I'11 , I I.' , , I. , . . , 'II,; "I II 'r:!',; ./,/!I f1 'i1lilT :"', Ii oJ.;"!> ~ q~ ~!o. rr.~ A~ , 'i'';' " , . i". '" " 1 I, , 'I' 1 '. , , " , I ,. " " , jll 1 ' p, 1\;. I, 11'1 t 'llli ! " \IJI , . I ,;' '. I I,. I,,: '111 :il,' ('/ II , ,,;, \,',,',' I.'''' -:;,-:', ~>4:(";'-t"?<~-:;;; f'( '''\~':, i :<1 ',or;' l.' I!' { " , ~ SHERIFF'S DEPARTMENT 50 NORTH DUKE S ff1EE r, LANCAS TEfl. PfNN"-,\YL VANtA 1/602 . i' 1/1 ~!)~J 6:.'00 [--I~~';-~~~-~;'~~~~~~. ~E~~~~- ~~ PR~~S5 on the r.Y.rl~-o' thlll.1 (NO, 5) copy of lhllllofm Pt,.ee type or prlnll'Qlbly 00 nol d,l,Ich anycopl... ,__m_.__mu -jC;CilJ'ilTNlTMUEH --- --~ ,..,(?IP (~,J ~IR?lHl~~)_~fJll ~NTT(!rmn-__.__--~ IER~R'~.~th?/llvWiT^r'AOjE.D OR SOLO! ""'..''__,____51 SHERIFF SERVICE PROCESS RECEIPT. Ind AFFIDAVIT OF RETURN I PLAINTIFF/51 .JoseDh "'._Ji~U", 3 DEFENDANT/51 ., ';E Al..2::~=:'iJ:i~lJ~L,ciJ,MP:~Y~'JlU'Oi'A'"IN llC . ,i"Sf,',"I<'1 ,," C>Sell";'"'N"; . fj AOm-lESS 1~"ltJl III W ll, AlwtmiH11 Nil CII)' lI;i,:)-o'-";;i;-'Stllll! il;'I'J IIP'c;l,il.'i AT __ ""_"J,J.fL,Nor,,th ,9 tlL Str,eet.,Denv,er. \'1\ "17511. 1 INDICATE UNUS~~Al SE~~~c:..E_._~_!_:-(!.~~.O~ ~!~_P_~,,_.X.~_I~~!_~~~_ : ..::!!~~_______c.um.b.erl_an_'.t _..___..,____un_~__ Now, _~-2a.--,la9li9 _,___ _, , I, SHERIFF OF L~IllIJtCOUNrv, PA, do hereby deputize the Sheriff 01 r "n,."" ~ e.r.."",____"'___'n_"'_'___"__,,'m" ,_______ County to execute this Writ and make return thereol according to law, This deputation being made .tthe request and risk 01 the plainlilf, .., ___"..m -~!iU.GT~~T!!"".T:;!li,.-:7~,~-_.--'- ., I~ICIAL IN'T~UCTION' 'oAoTH'-jj-'-liio~MATriiNTHAiwliTAisliTINE~PEDii1NQ' s(R'viel:' w '" VI - _._-._-------_._-~---------_.- tII ~ ~ NOTI ONLY APPLICABLE ON WAIT Of EXECUTION: N B, WAIVER OF WATCHMAN - An... 111l1HJt... ~11.:!'llIllI~"'lny UptHl or lllllld.Hl911ny I.lIOPllrty lindo' Within Wflt mll~ tellve slime .....lhoul II wutChflliUl, III cl/!itoJdy or ....hOtlll..VlH I~ ruund 1I1IJllSP;O~~I()n, Hiler f1011IYlllI' pur~nn or levy Of allilt:hllllJnt, ....ltt'OlJtllllblllty on the pnrt ljl !)IKh rjtJlHJI'I Ot Ihu shunll toJ any plillntlll tllHulll lor anv Il)!;'l, dl!!;tn,cll'Jrl ,)f IUlllovalut .In... ';l/ch 1)fl)Pt.,ty tH!I,]ltJ !;h'!fI"'s 'illle IhCllJol TiTclNATU~1 0' ATTO~NIY '" o'h., O~'O'NATO~ CUMBERLANrfO "";iHERIF"f'O ihEPHOiiENUMBER-",-----r' DATE 3-27-96 Thomas Collins PAID ADVANCE COSTS T 717-::>43-1341 ,1,.28-96 12~~e,li1r~flClcoPv TO N.uiTIND ADDRESS-BELOW: iThii~.;..mu.i-b.C::o-m-pl;t.d-lr-"o-tj-c.. i,ia b. m'II'd-)-~- ESQ.; TEN EAST HIGH ST., CARLISLE, PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY'::'OO NOTWRITE-BELOW THIS LINE SIGNATURE 01 Aulhl)rllud Leso O.!put', or clef~-~;;7;jf~iT;.~I'tl1.i'ie'r40<':Clved 15 EllplraUon/Hearlng dltl 13 I aCknowlCdQu receipt f)! 'htJ wrll I 0' complaInt a~ iOuu:uled ubove 4-26-96 __,______________,__"~"n__' ,nJ=M01UUS,295- 3609 ... ,4~L_96" 16 I heraby CIATIFY jtnd RITURN ltWIII\(hille persollally !').nVII<l, h;L~e 1UllIII t'VlrJIJIH.:e ,)1 SIHIjICU a', ~;h,),,;i"1 'Ilrl.!ll1,Hhs"' , ,have llul~led IlS ahown in '"Remarks", IhtJ wrll orcomplulnl de5(~ecj on IhlllndlVlllLJ,al C01llIJilny corpOlutlQI1, utI; "lIthe iJdd"!!iS .,Il'l....n .\lj'}\II! Ilf'llllhl.! ,ndl\/ltJul1llcomp.ny,cor. porallon, ele allhtJ addrus!> 111!\lHll:!d h~low by handlll1t; ,I TRUE .nd ATTESTED COPY lh':ft!ol . ',IIlOfiltll)1l utt: nnmeo.abev. (Se, remur1la bIIOW) ------.--~------ J ,') A 1.III~OIl oI4ul,.hlellllellnd ollSc,.llon (lHHlltI~lllllllJ In In. ullelldllnllS uOUfill plol',1I olatloueil 20~S5 01 whefu ~lImad (COnH)lel7>";);1i"y~,~jlii;;r;nl'hiln sh0W-;l:lI)'l~el (S';~!ei-orRF'[)-Ai;-:i'rlrll;;';\-iN~)--C~ty 8nro) T~r'- ~-~'.. O_"I'~I_s~~e 22 ~Im" 00 I Sla'. nn<tZ,p Cod., L" 0 ''P , :_ATTEMPTS J ltJ:mr ~~~~"e":T~ ~T':I~~'-' Io;p:"':t_e~:J.:iO~I Dop. in. Doto 24 Advanct! Cost:! 25 SOrvll:O CO'jI~ -12b Nat,lfY C~rl-"T2T~MlleIlUO nr PO!iluqlJ In Tolnl COSI5 _DA .QA2 ~so,~.l.____---1JLJJ!.~______,_,,, ..'1:.1-/..16,__ 30 Al"MtffKS 17 I J t herully t:tHllly fllld return OJ NOT FOUND hUUIlJSI! I am I1IMt)lt) 10 locate Ih.! Il1dIVldlj;ll, U)ltlpdny 18 Niltnc and-I~o! Inl11~ldu.11 MHve;~-;;-I)!;hown~G0-v-l;;-'-~-'-- m______~_____~__ i, CR..~ 1310 #~~ AFFIRMED and 'dbllOIt!Cll to 1)610re ollU Il'llll __..._._~_ ~___~____ ~PR 2 2 18 '" dllY o. ___~~~~__'_"u, ---~----._- -- -- Uf lJ I :;,"(1',--" MY COMMISSION E'):PIAES 38 I ACKNOwi~DGE"REcEIPr()Fr~i~-SHIRI;;:-S RETURN SiGNATURE l OF AUT~t"'J~IZED ISSUING .~_~~~0!!.'_!_~.~~j.~..~!.!~:~___.___._. _._._._..___._..~l.._ I'. ---.. "-'-r'i:i I)"", R"("I~..'1 .......-.-- ....--.--- ',~ " ,.. > . , , " VI ~. M 0 ~ ~~ Ul 0, . ' I '> :a:: <fIo ,,- .to) -' 'oJ- . U.\ - u..to) (.'J I aa~ 0:' u. C. ~...J .-; CC ~o <Jl (I' , " -... , II 'fll.~:"UATAHI.If'.liliNI)lll'%",UI ~,l ANti t 'rulld llo4l~W'kl I I 1\ 2.01 ,A,M Ilmud O.4n~1IO It .u ()1 AM JOSEPH M SEDELL, Plaintiff IN THE C(JURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION - LAW NO. 96-1659 CIVIL TERM HAL APEL and DIAGNOSTIC HEALTH SYSTEMS, INC, Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS I, Admitted, 2, Admitted, 3, Denied, Said averment constitutes a conclusion of law requiring no responsive pleading, Strict proof thereof is demanded, 4, Admitted upon information received, 5, Denied as stated. By way of further response, Paragraph 4 ofPlaintilrs Complaint speaks for itself 6, Denied, By way of further response. Plaintiff did in fact perform work at the Camp Hill Correctional Institute in Cumberland County. Pennsylvania, 7, Denied By way of lurther response, Plaintitl's Complaint speaks for itself 8, Denied, By way of further response, said averment constitutes a conclusion oflaw requiring no responsive pleading, Strict proof thereof is demanded, 9, Denied, By way of furthcl- sponse, said averment constitutes a conclusion of law requiring no responsive pleading, Strkt proo hereof is demanded, MA TSON. DEARDORFF, WILLIAMS & OTTO ~' ~~ 'By ~~.~,~;:-;. ~.~-^ Thomas Q, conms. Esquire tD No, 75896 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: April 29, 1996 ~. ~ ':J /, I l:il 1,1.,1': t..~ [ ('- . " - (',' 'i r" ':1 1"1'1' L. 'iq ,- ~J.. " I_n ,'1 (..' 'J , U " " 'I; -' 12. Denied. Defendants never promised or agreed that the Plaintiff would to receive mileage expenses, 13, Admitted in part, Denied in part, It is admitted that as per agreement between the parties, Defendant DHS was to provide Plaintiff with health coverage. It is specifically denied that the plan was to take effect in sixty days, On the contrary, the plan was to take effect after ninety days. 14. Admitted. 15-16. Denied, Plaintiff was never promised by either Defendant Apel or Defendant DHS that he was to receive a wage increase nor overtime for any work day. 17, Denied. Plaintiff was never terminated by Defendant Apel or Defendant DHS. On the contrary, Plaintiff was informed that due to a reduction in business he would be offered reduced hours at which time Plaintiff refused to accept the reduced hours and terminated his employment. COUNT I 18. The preceding averments are incorporated herein by reference as though set forth in full. 19-40. Denied. See Answers 11 and 12 above. Additionally, Plaintiff was never promised mileage reimbursement and, therefore, is not entitled to same. Also, all wages and fringe benefits properly due the Plaintiff have already been paid to Plaintiff on a timely basis. 41-46. Admitted in part. Denied in part. It is admitted that Plaintiff's health coverage was delayed, It is denied that the delay was caused by the Defendants. On the contrary, the delay was caused by the Plaintiff as he failed to properly file the appropriate papers correct ly on numerous occasions despi te being advised by the Defendants to do so. Additionally, Defendants paid all fringe benefits due Plaintif.f in a timely manner. 47, Denied. Defendants have paid Plaintiff all wages and fringe benefits in a timely manner which were properly due the Plaintiff. 48-49. Denied, See Answers 11, 12, 13 and 19-47 above. Also, legal conclusions require no answer. WHBRBFORB, Defendants respectfully requests this Honor.able Court dismiss Plaintiff's Complainc with prejudice. NBW MATTBR 50. The preceding averments are incorporated herein by reference as though set forth in full. 51. Plaintiff's claims are barred by the applicable statute of limitations. 52. Plaintiff has failed to mitigate his damages. " "" " '.n , -" , tJ " 1.'1 .1' , :~ r: ',' "- <, ,j / I,') II! , L ;, ,) ,: ':"- I , 'I , , '" . ,) " , , '.. i' , II" ' r " I.' It, : ") (j , , " i '. " . " J t",. l. <.. ~_ ._'_ ,_ .__n__'_.._______.n___........_,_ .. .'-,--_.._-.,-------"~------- ~ I ~ ~ ~ u :5.., ~ Ul .... ... ~I~ .... j '," ... ~~u c .., '," ~ >-<0\ I '" ~~ --< . 0 2! Cl. :> . ! ~~ ]~ . ~ . :E Iil ' u~ ~ :~ ~ ~~ ------_..,-',,-- .-. - .'--'.--.....--...-"--- ----..- ._-,_._,- .., . ..__ou_____ ~ . . ,,'..,-...._, ..,--....---.------. >On _,.____.___~__ .__ -~r.:::-=- ~, ~ ~ s dll~~i ~~ '~~ i ~ ffi ~ il:i ,~<o ~ .~ ~ U ~ .---....-- -- - -".'........'...--.."1.. .' .. -- --~. , / >- 01 , '-j'; c -. ,:~~ .. ':j.,,.. 1'5~' - ,);,l f'~ <: :i:: ,I .l.." '1.. ,~:j , _I" , , (?I r-. f, 'I f,-)' i J,I,. ",' fI!r' (L 11\) (, , "_ I (.I; ., " "'., ..',,1 C--'i Cn (J ,I , " (.:,) , I ., ,. Ill' ( ,~ ( -" ,~ ' \ , U' . , ( " ., I ',:") [' " I " " i .' . .l. , .. I.' . ,'1 , , " '. . ) " ~ ~.~ ,(: ! , '\:1 Ii'. ., ~ H'l ~~~~ ~ ~ ~ 0 ~ t;J J sh; ~~ . ~~ ~ ~ ~ I ~ ~ l'l .... .8~G~ - ~ tl .... i g~ - '... ~:;l8;;~ 1:l~E~ '" ... t;J c: ~~ i ~p.~ '... Q - 'II ~ I.&J Q., fii~~ ~ 10 . q~~~ .... . ]~ 2l H ~ > ~1:l ~ ~~ g . .~~ :f: ~~ ~ U~ CC ~ ~ ~ ): ~~ ~~ .~ "= " l . . " , . . . 14 . A .. .' , it . , , . , .' ~'i " . JOSEPH M, SEDELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO. 96-1659 CIVIL TERM HAL APEL and DIAGNOSTIC HEALTH SYSTEMS, INC. Defendants JURY TRIAL DEMANDED MOTION TO COMPEL OF PI AINTIFF JOSEPH M SEDELL AND NOW. comes the PlaintilT. by and through his attorneys, MARTSON. DEARDORFF, WILLIAMS & OTTO, and hereby avers as follows: L PlaintilTtiled the instant action on or about March 27, 1996, 2, On or about May 21, 1996, PlaintilT served Defendants Hal Apel and Diagnostic Health Systems, Inc, with Interrogatories and a Request for the Production of Documents which sought information pursuant to Pa, R,C.P, 4003.5. (See Exhibit "A" attached hereto), 3, On or about July 15. 1996. counsel for Defendants requested a thirty (30) extension to provide answers to the discovery which had been previously propounded, Such request was granted until August 15, 1996, (See Exhibit"B" attached hereto). 4, Defendants subsequently changed counsel on or about September 3. 1996, 5, Defendants new counsel, Samuel W, Milkes, subsequently requested an additional extension on or about September 13. 1996, An additional extension was granted until October 1 S, 1996. 6, The second extension has now expired and the subject Interrogatories and Request for Production are now long overdue, 7, Pursuant to Pa, R,CP, 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, to all Interrogatories and Request for Production within thirty (30) days after the service of the discovery in question, As Defendants have failed to respond in accordance with the Civil Procedure Rules. it is respectfully requested that this Court issue an Order directing Defendants to provide full and complete answers to the outstanding discovery or be precluded from introducing testimony at trial regarding same, Moving PlaintilT is prejudiced by Defendants' refusal to provide discovery information as it has been precluded from ascertaining the nature of . ExhlbllA ~, I . -, . " I', ,I" I' ,I, > 'I, '/" " . I' - , . I . , HUS'o"r""ILEl,iE'Ot}l'~III1.I"ltJl'U: !'~If:Q ll~' 211,~~ u..... ..,. 11..1 ~(~\Ml.l v~ ~()"'ij." :'III~ JOSEPH M SEDELL. Plainlitl' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v CIVIL ACTION - LAW NO, 96-1659 CIVIL TERM HAL APEL and DIAGNOSTIC HEALTH SYSTEMS, INC, Defendanls JURY TRIAL DEMANDED PLAINTlFF'S REOL'EST FOR PRODlICTION OF DOCL'MENTS DIRECIED TO DEFENDANT HAl APEL TO HAL APEL, Defendant. and his allornev, HARVEY FRIEDLAND. ESQUIRE You are hereby requested to produce, purslJant 10 Pennsylvania Rule of Civil Procedure 4009. Ihe loUo\\lng documents, wrilings. photographs or tangible things, Said documenlS. wrilings. pholographs. or langible lhings are to be produced. lor the purpose of inspecling. pholographing and copying. allhe law offices of Martson, Deardorff, Williams & Otto. on or belore thirty days from Ihe date of service oflhis Request tor Production: I. Each and every document which you have identified in your answers 10 Plaintitl's Interrogatories to Detendant Ape!. ~ Each and every document whose idenlitication was requesled in Plaintiff's Inlerrogatories. 3. A copy of the declarations page of any insurance policy where you would be an insured party for purposes of the instant litlgallon, 4. [fany document or class of documents is being withheld on the basis of any privilege. identitY the documenl or class of documents. the date or dales of Ihe documenlS, its author or onginator. as well as the privilege which is being asserted, ~IARTSON, DEARDORFF, WILLIAMS & OTTO By ....~ ~ . oj,,-, Thomas G Collins, EsqUire ID No 7~896 T en East High Street Carlisle. PA 170IJ-.109.1 (717) 243-,1341 Attornevs t'Jr Plaintill" Dale: May 21, 1996 E:xhibit "A" ,. I , t'P.I:~ 1JM~~ll~ ';1;"1.101 "/11 UI~ltJl'lll I~ll 1..~It'1 '1'1-:0 ~e,l~ ""....~... 'I\'\NO, 'J~:I ~1t',.l:'J\ AM JOSEPH M SEDELL. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION - LAW :'-l0, <)6.1659 CIVIL TERM HAL APEL and DIAGNOSTIC HEALTH SYSTEMS, INC, D~f~ndants JURY TRIAL DEMANDED PI AINTlFF'S REOl'EST FOR PRODUCTION OF DOClJMENTS DIRECTED TO DEFENDANT DIAGNOSTIC HEALTH SYSTEMS !NC TO: DIAGNOSTIC HEALTH SYSTEMS. INL Defendant. and its allomev, HARVEY FRIEDLAND. ESQUIRE You are hereby requ~sted to produc~, pursuant to Pennsylvania Rule of Civil Procedure -1009. the tollowing documents. writings. photographs or tangibl~ things, Said documents, writings. photographs, or tangible things are to be produced, for the purpos~ of inspecting, photographing and copying. at the law offices of Manson, D~ardorll: Williams & 0110. on or before thirty days from the date of service of this Request for Production: I, Each and ev~ry docum~Q[ wnicn you have identitied In your answers to Plaintiffs Interrogatories, , Each and every document whos~ identitication was requested in Plaintiff's Interrogatories, ]. :\ copy of the declarallons pag~ of any insurance policy where Defendant Diagno"ic Health Systems. lnc, would be an insured partv for purposed of the instant complaint -I If any document or class of documents is being withheld on the basis of any privilege. identiry the document or class of documents. the dat~ or dates of the documents. its author or onglnator. as well as the pnvilege wllich is being ass~ned, \fARTSON, DEARDORFF. WILLIAMS & OTTO ",",,'~~ Bv rhomas (j (\)lIil1s. Esquire I D No 758% Ten East High Street ('Jrlisle, P A 17013-3093 1717) :-1]. jJ,l I ,\tlornevs for Plaintitf Date: May 21, 1996 . '" .... \ Inlerrogalory No, 7 7. Please e~plain in delaillhe subslance of your conversation wilh PlainlitT on or about September 4. 1993. including. bUl nOllimited 10, lhe lerms and conditions ofPlaintilfs employment Wilh Defendanl Diagnoslic Health Syslems. Inc, ANSWER: Interrogatory No, 16 16, Please provide the foUoWl11g inionnation and torward copies of any and all employer records (as required by 29 C FR. 516,2(a)) pertaining to Mr Sedell during his employment with Delendant Diagnostic Health Systems. I;;c, including: a, the occupation in which Mr, Sedell was employed during his tenure with Defendant Diagnostic Health Svstems, Inc,; b, the time of day and the dllY of the week on which Mr, Sedell's workweek began during his tenure with Defendant Diagnostic Health Systems. Inc,; c, the re!!,Jlar hourly rale of pay for any week during Mr. Sedell's tenure with Defendant Diagnostic Health Systems. Inc. when overtime is worked and overtime excess compensation is owed under the Fair Labor Standards Act (FLSA). the basis on which wages are paid; and the amount and nature of each payment which is excluded from the "regular rate"; d, the hours worked by Mr, SedeU in each "workday" and the total hours worked in each "workweek" during his tenure with Defendant Diagnostic Health Systems. Inc,; e, Mr Sedell's tOlal daily or weekly straight-time earnings or wages during his tenure with Defendant Diagnostic Health Systems, Inc. ie,. the total earnings or wages owed to Mr Sedell for the hours worked during the workday or workweek, including all earnings or wages due tor any overtime worked. but exclusive of any premium for overtime; f. Mr, Sedell's total of overtime premiums for each workweek during his tenure with Defendant DiagnostiC Health Systems, Inc. ie. the compensation for overtime worked which is over and above all strllight-time eolrnings or wages also earned during the overtime period. g. the total amount of additions to OJ deductions from the wages paid to Mr. Sedell each pay period during his tenure with Defendant Diagnostic Health Systems, Inc,. and the dates. amounts. and nature of the items which make up the total additions and deductions; h the total wages paid to Mr SedeU in each pay period during his tenure with Defendant Diagnostic Health Systems, Inc. and .' Interrogatory No, 6 6, Please describe in detail, and identify each and every communication or document relating to: a, the lncts and circumstances surrounding the employment ot' Plainuif with Delendant Diagnostic Health Systems. Inc,; and b, every agreement or understanding of the parties with respect to Plaintitrs employment with Delimdant Diagnostic Health Systems. [nc, ANSWER: Interrogatory No, 16 16, Please state whether the terms and conditions of Plaintilf s employment with Detendant Dial!llostic Health Systems. Inc, were ever altered during the course of such employment, If your answer is in the affirmative, please explain in detail how the terms and conditions of such employment were altered, ANSWER: Interrogatory No. 17 17, Please state whether the alteration of the terms and conditions of Plaintiff's employment Wa:l ever discussed with Plainull'at any time during the ~ourse of his employment with Defendant Diagnostic Heahh Systems, Inc, If your answer is in the affirmative. please explain in detail the substance of such conversations and the Individual!s) concerned, ANSWER I " " , ' " Ii' iI, , ,:) Interrogatory No. 1M 18, Plell5e provide the lollowing intormation and torward copies of any and all employer records (as required by 29 C F R 516,2/01)) pertaining to :\Ir Sedell during his employment with Detendant Diagnostic Health Systems, Inc. including: a, [he oc,,:upation in which Mr, Sedell was employed during his tenure with Defendant Diagnostic Health Svstems, Inc,: b the time of day anG the day of the week on which Mr Sedell's "workweek" began during his tenure with Delendant Diagnostic Health Systems. Inc,; c, the regular hourlv rate of pay lor any week during Mr, Sedell's tenure with Defendant Diagnostic Health Systems. Inc, when overtime is worked and overtime excess compensation is owed under the Fair Labor Standards Act I FLSA), the basis on which wages are paid: and the amount and nature of each payment which is excluded trom the "regular rate": d the hours worked bv Mr SetJell in each "workdav" and the IOtal hours worked in each "workweek" durlllg hiS tenure with Detendant Diagnostic Health Systems, lnc; e, :\1r, Sedell's toral dailv or weeklv straight-time earnings or wages during his tenure with Delendant Diagnostic Health Systems. lnc" i.e" the total earnings or wages owed to i\lr Sedell for the hours worked during the workday or workweek, including all earnings or wages due t(Jr any overtime worked. but exclusive of any premium lor overtime. f Mr SedeIr s total of overtime premIUms lor each workweek during his tenure with Detendant Diagnostic Health Systems, Inc, ie. the compensation for 'Jvertime worked which is over and above all straight,time earnings or wages also earned during the overtime period: g the total amollnt or' additions to or dedll\;tions from the wages paid to Mr. Sedell each pav penod during his tenure with Defendant Diagnostic Health Systems. Inc. and [he dates, amOUIllS, and nature of the items which make up the total additions and deductions: h, the total wages paid to Mr, SedeU in each pay period during his tenure with Delendant Diagnostic Health Systems, Inc,; and the date or' e':erv navment made to Mr Sedell durin~ his tenure with Defendant Diagnosllc Health Systems. Inc and the pay penod covered by such payment. ANSWER: ! I, ,,' , " "'I I" " ~ ~i . .~ . ~ '~ . " ~ '" ~i~ ~ z - I o~ ~ ,Ii !:;:< - 21 ,~ ~u~ i~' ... .>:::: :I, ... i I ,"~ .~ ,,,, '. <\~~ ~~~ . .., ! ..~~~ 11 o-l c:: ~ ,,,, i 'Fl~~ III !~ ~ .... . 2! u~ ~ > ]U ~ \" ~ ~ t; ~ . H ."'~ :E ~~ m ~ I:; oJ ~ '" ~ ~g ~ '>:: , , I, . ,