Loading...
HomeMy WebLinkAbout09-3062OM CSC' U ULAKIS Wayne Melnick, Esquire Attorney I.D. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DEBORAH KAY BIDDLE Plaintiff V. LEHIGH ANESTHESIA ASSOCIATES, P.C. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO.: * SQAcivi1 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 TA OM CSC" N ULAKIS Wayne Melmck, Esquire Attorney LD. No.: 53150 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DEBORAH KAY BIDDLE Plaintiff V. LEHIGH ANESTHESIA ASSOCIATES, P.C. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO.: Oil" 360,1-civil COMPLAINT AND NOW, comes the Plaintiff, Deborah Kay Biddle, by and through her Attorneys, Abom & Kutulakis, LLP, and alleges as follows: 1. The Plaintiff is Deborah K. Biddle, is an individual and citizen of the Commonwealth of Pennsylvania, with an address located at 1108 Gunstock Lane, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Lehigh Anesthesia Associates, P.C., is a professional corporation organized and existing under the laws of the Commonwealth of Pennsylvania with an address at 5000 Tilghman Street, Suite 240, Allentown, Pennsylvania 18104. 3. Beginning on October 20, 2003, Plaintiff became employed by Defendant, as a certified registered nurse anesthetist. See attachment A. 4. In this connection, Plaintiff was required to travel to various medical facilities and hospitals for the purpose of providing anesthesia services on behalf of the Defendant. 5. At all times material to this Complaint, Plaintiff worked for Defendant in a loyal, efficient, and highly capable manner. 6. During the course of her employment with Defendant, Plaintiff performed each and every condition and covenant required on her part to be performed pursuant to set employment agreement and in particular was continuously employed by Defendant from on or about October 20, 2003 to on or about March 30, 2008. 7. The employment relationship that gave rise to the allegations set forth was entered into in Pennsylvania, and the subject services of said employment relationship were performed by Plaintiff exclusively in the Counties of Adams, Cumberland, Dauphin, and York, Pennsylvania. COUNT I - WRONGFUL TERMINATION 8. Plaintiff re-alleges and incorporates the allegations of paragraphs 1 through 7 of this Complaint, as though fully set forth herein. 9. On or about March 30, 2008, Plaintiff was discharged from her employment with Defendant. 10. Defendant provided Plaintiff with a written notice of termination which contained the following reasons for that termination: a. I am in receipt of your emails from yesterday b. Your writings contained baseless allegations that are clearly slanderous (sic) against our organization. c. These libelous statements, along with other items including your chronic failure to respond to pages and telephone calls (most recently this past Friday 3/28/08) when the office staff made 3 attempts to reach you (meet the standard of "cause") for termination as per your Employment Agreement. See attachment B. 11. Defendant was never disciplined by Plaintiff for failure to respond to pages and telephone calls. 12. The emails mentioned in Defendant's termination letters were emails concerning Defendants' medical practices and were sent from Plaintiff to Defendant, not sent to third parties. 13. Accordingly, Plaintiff believes that Defendant's complaints of slander and libeless statements are pretextual. 14. Accordingly, Plaintiff believes and therefore alleges that her discharge was for reasons extraneous to the employment contract. 15. Furthermore, the termination of Plaintiff's employment was in contravention of substantial public policy in that Plaintiff's emails to Defendant complained of Defendant's medical standards and services with respect to the care provided to citizens of this Commonwealth. 16. As a direct result of the actions of Defendant, Plaintiff has suffered serious and continuing injury including but not limited to lost income and benefits, damage to her reputation and emotional pain and suffering. 17. The actions of Defendant were willful and malicious and were undertaken for the purpose of preventing Plaintiff from bringing serious concerns regarding Defendant's medical practices and services, as well as for the purpose of causing injury and emotional anguish. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant, in a sum in excess of $50,000, together with punitive damages for a sum in excess of $50,000, as well as costs, interest, and attorneys fees. COUNT II - BREACH OF CONTRACT 18. Plaintiff re-alleges and incorporates the allegations of paragraphs 1 through 17 of this Complaint, as though fully set forth herein. 19. Plaintiff's employment contract with Defendant provides that either party may terminate the Agreement at any time on 60 days advance written notice to the other party, or pay the employee 60 days basic salary as severance pay in lieu of notice. 20. Defendant's March 30, 2008, termination notice to Plaintiff terminated her employment immediately. 21. Plaintiff received no other notice of termination from Defendant. 22. At the time of her termination, Plaintiff's gross monthly salary was approximately $13,461.54. 23. The 60 day severance pay in lieu of termination due to Plaintiff from Defendant is $40,384.62 (12 work weeks, 6 bi-weekly pay). 24. It is believed that Defendant's stated reasons for Plaintiff's termination are pretextual and do not rise to the level of cause. 25. Even assuming arguendo, Defendant's stated reasons for Plaintiff's termination were legitimate rather than pretextual, they do not rise to the level of cause under Plaintiff's employment agreement with Defendant 26. Since Defendant terminated Plaintiff, Plaintiff has made repeated demands upon Defendant for payment of her severance pay. 27. Defendant has, repeatedly without any basis refused to pay these wages to Plaintiff. 28. The actions of Defendant constitute a violation of the Pennsylvania Wage Payment Collection Law, 43 Pa. C.S.A. §260.10, et. seq. 29. In accordance with 43 Pa. C.S.A. §260.10, Plaintiff is entitled to liquidated damages in an amount equal to 25% of the sums due in addition to the aforesaid sums. 30. In accordance with 43 Pa. C.S.A. §2609 (a)(f), Plaintiff is entitled to an award of attorneys' fees. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in her favor and against Defendant in an amount in excess of $50,000 together with interest, costs, and attorneys' fees. COUNT III - VACATION BENEFITS 31. Plaintiff re-alleges and incorporates the allegations of paragraphs 1 through 30 of this Complaint, as though fully set forth herein. 32. In accordance with the terms and conditions of Plaintiff's employment, Plaintiff was entitled to receive payment for accumulated unused vacation leave. 33. At the time -of her termination, Defendant attempted to limit the payment of the accumulated vacation leave to six (6) weeks and then seven (7) weeks. 34. This six (6) or seven M week limit is not consistent with Defendant's actual practices with respect to its employees. 35. This six (6) or seven M week is inconsistent with representations made by Defendant to Plaintiff regarding her ability to carry forward additional weeks above and beyond the 6 (six) week limit. 36. Plaintiff's accumulated and unpaid vacation leave amounts to 251.22 hours. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant in an amount of $21,135.14, together with interest, costs, and attorneys' fees. COUNT IV - UNPAID FRINGE BENEFITS 37. Plaintiff re-alleges and incorporates the allegations of paragraphs 1 through 36 of this Complaint, as though fully set forth herein. 38. Pursuant to Plaintiff's employment agreement with Defendant, Plaintiff was entitled to legitimate travel, telephone, and educational expenses. 39. At the time of her termination, the amount of uncompensated legitimate travel, telephone, and educational expenses owed to Plaintiff by Defendant totaled $1,347.41. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in her favor and against Defendant in an amount in excess of $75,000.00, together with interest, costs, and attorneys' fees. DATE Respectfully submitted, ABOM & KUTULA"S, LLP elni Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 53150 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. 3- N - © "'66 6) A ka- J Date Deborah Kay Biddle EMPLOYMENT AGREEMENT This AGREEMENT is made as of the 20"' day of October, 2003, between LEHIGH ANESTHESIA ASSOCIATES, P.C., a Pennsylvania professional corporation under the Act of July 9, 1970 (P.L. 160) ("Employer"), and Deborah Kay Biddle, CRNA ("Employee"). IN CONSIDERATION of the promises and mutual covenants herein contained, the parties agree as follows: 1. Employment. Employer hereby employs the Employee and Employee hereby accepts such employment on the terns and conditions of the Agreement. Employee will actively engage in the private practice of anesthesia as a Certified Registered Nurse Anesthetist for Employer on a full-time basis and may not engage in employment or practice of anesthesia or otherwise other than for the Employer without the prior written notification and consent of Employer. This consent shall not be unreasonably withheld provided that such practice in no way compromises Employee's ability to meet the obligations under this Agreement, or is competitive with that of Employer. Such permitted practice sites shall be termed "Permitted Practice Locations" (See Appendix 1). Locations where Employer sends Employee to perform services contemplated by this Agreement shall be referred to as "Practice Locations". 2. Performance of Employment. At Practice Locations, Employee will observe and comply with such rules, regulations and policies as may from time to time be determined by Employer's Board and/or officers. Employee will perform such orders, directions and policies so stated by Employer from time to time. Employer will specifically have the power to determine the duties and practice locations to be assigned to the Employee, to review all anesthesia or anesthesia-related services performed by him and to determine, bill and collect all fees and stipends for such service, except at Permitted Practice Locations. At Practice locations, 1 EXHIBIT "A" Employee shall accept and treat all patients or matters assigned to him by Employer and shall turn over to Employer any such fees that may be paid to him personally. Nothing herein, however, shall permit any conduct or practices in violation of state rules and regulations regarding the practice of anesthesia or national, state or local canons of nurse-anesthesia ethics. Until otherwise mutually agreed, Employee's regular schedule shall be practice and duties on such days and locations as are anticipated to equal approximately forty (40) hours per week (Monday to Sunday). Mandatory Saturday work will be limited to a maximum of not more than 12 Saturdays per year. Employee will from time to time be in possession of various types of equipment and supplies owned by, or contracted for use by, Employer. Employee understands that the equipment and these supplies are for Practice Location use only. Additionally, it is the responsibility of Employee to assure that these items are given proper care. 3. Term of Emolovment. Either party may terminate this agreement at any time on 60 days advanced written notice to the other party. If Employer terminates employment under the 60-day notice provision, it may, at its option, require Employee to continue working his regular schedule for those 60 days, after which this Agreement shall terminate, or it may pay Employee 60 days' basic salary, as specified in Paragraph 4 below, as severance pay in lieu of notice. If Employer chooses to provide severance pay, then Employee's benefits provided hereunder shall cease as of the day he received such payment. If Employee terminates the services provided hereunder without giving the requisite notice, Employer may withhold, or seek reimbursement of, up to two months salary owed to Employee hereunder as liquidated damages for such breech of contract. The terms of this Agreement shall automatically continue unless terminated in writing or until a mutually agreed-upon addendum or replacement Agreement is executed. 2 In addition, Employer may terminate this Agreement at any time without prior notice if Employee should cease to be authorized to practice anesthesia in the Commonwealth of Pennsylvania; if he should die, or be absent on account of sickness or disability for more than three (3) continuous months; or if he should be removed from employment for cause. For purposes of this Paragraph, "cause" shall include, but is not limited to, any one or more of the following events: (a) If Employee shall for any reason become uninsurable for professional liability insurance or disqualified to render anesthesia services in Pennsylvania, or any other state in which licensure is held. (b) If Employee, as a result of professional misconduct, is expelled, suspended or otherwise disciplined by the final action of a hospital, other health care facility or any professional organization; (c) If Employee shall resign from any professional organization under threat of disciplinary action for professional misconduct; (d) If Employee shall be convicted of a criminal offense involving moral turpitude and there shall be no further right of appeal from such conviction; (e) If Employee commits any dishonest or fraudulent act in the course of his employment; or (f) If Employee violates any obligations under or conditions of this Agreement. Provided, however, that the provisions of Paragraphs 9 and 10 shall survive any termination of this Agreement. 4. Compensation. For rendering services hereunder, Employee shall receive an annual salary of $140,000.00, payable bi-weekly on the Employer's regular payroll schedule. In addition, Employee shall receive a sign-on and longevity bonus of 3 $10,000.00 payable within the Employee's first month of employment. If, however, Employee resigns or is terminated for any reason within the first 24 months of employment, then bonus must be repaid in full at the time of termination. All such compensation shall be subject to the customary withholding of taxes as required by law. 5. Employee Fringe Benefits. The employee may participate in any fringe benefit plan, which the Employer may offer to Employee from time to time in accordance with its terms; provided, however, that nothing herein shall require that Employer offer or continue such plan. Employer currently maintains group health insurance coverage for its employees and their spouses and dependents in which Employee may participate, provided he and they are not otherwise covered under his spouse's or other insurance policy and subject to being accepted for coverage by Employer's carrier at standard premiums and further subject to any limitations or exclusions imposed by the carrier. Premium costs in excess of $500 per month will be paid by employee through a payroll deduction. Coverage will start on November 1, 2003. Employer also maintains a tax-qualified 401(k)/profit-sharing plan in which Employee may participate as permitted under its terms. 5. Business Expenses. Employer will pay directly or reimburse Employee for expenses reasonably related to the performance of his duties for Employer, as specified below. Employer and Employee recognize, however, that certain other expense incurred or paid by Employee will also be necessary to his employment and practice, but will not be paid by Employer, and Employee is expected and required to pay such items himself. Employer will pay the costs of Employee's professional liability insurance, for use at Practice Locations only, and subject to Paragraph 10 below and will pay any hospital or facility staff fees for Practice Locations. In addition, Employer will pay or reimburse Employee or his 4 approved professional education and travel expense up to $1,000 for each 12 months of employment. Any weekdays used for continuing education, elective or mandatory, will be paid from Employee's vacation. As a condition of employment, Employee is required to maintain an automobile adequate for business use. Employee may invoice Employer on a monthly basis for miles driven, in excess of fifty (50) miles per day, related to Employee's travel to/from Practice Locations. Payment will be not more than the current IRS rate for mileage reimbursement. A pager will be provided and Employee's own cellular phone will become part of Employer's cellular phone network at the start of employment. Costs of cellular phone usage for non-business purposes will be reimbursed to Employer on a monthly basis. 7. Vacations and Leaves of Absence. Employee shall be entitled to six (6) weeks of paid vacation, on a pro-rata basis, and the following paid holidays for each 12 months of employment. The holidays are Thanksgiving, Christmas, New Year's Day, Memorial Day, July 4th, and Labor Day. Arrangements for all such absences must be made in advance to ensure that Employer's practice is properly covered. Unused leave can be carried to succeeding years, provided that accumulation does not exceed six (6) weeks. 8. Sick Pay. In the event Employee is absent due to illness or injury or if he becomes disabled, his salary after unused vacation, shall be without pay. 9. Restrictive Covenant. A. In the course of inviting Employee to join Employer's practice of anesthesia, and in his employment, he will be introduced to and have made available to him certain of Employer's contacts and referring doctor relationships, hospital sources, business and professional relationships and the like. 5 Accordingly, Employee recognizes and agrees that termination of his employment for any reason followed by his entering into a business or practice competitive with that of Employer i.e., the rendering of anesthesia services to clients of Employer), as an employee, owner, contractor or otherwise, would allow Employee to take many of the sources of the Employer's success with Employee to the ongoing practice's detriment, for Employer would have established the Employee is in a situation that makes him a very strong competitor for the Employer's current and potential practice sources. Therefore, Employee agrees that he will pay to Employer the amount specked below for each "client" of "Employer" for whom he, or his subsequent employer(s), employee(s), subcontractor(s) or the like, provide, services to within the twenty-four (24) months after termination of this Agreement. Any amounts payable hereunder shall be due in two (2) equal installments thirteen (13) and twenty-five (25) months after commencement of Employees competitive activity. For purposes of this Paragraph 9, "Employer" is defined to include Lehigh Anesthesia Associates, P.C., and the Center for Ambulatory Anesthesia, Inc.,, and Employer's "clients, are clients of any of those entities. The specified amount per client will be 20% of the Employer's average monthly billings for the client over the 24 months preceding the termination of Employee's employment multiplied by 12, or such lesser monthly period as the client has been a client Employer, multiplied by that number of months. For this purpose, Employer's clients are clients for whom Employer has provided any billable services within the forty-eight (48) months preceding Employee's termination of employment. Employee agrees to advise any subsequent employer(s) of the provisions of this covenant and agrees to provide access to all necessary books and records to-the certified 6 public accounting firm of Goldenberg, Rosenthal, LLP (or such other entity as Employer may substitute by written notice) to validate any calculations hereunder. Employee expressly agrees that if he/she does not make the payments specified above, provided Employer has fully disclosed to Employee its records establishing the basis for the payments and there is no valid dispute between the parties concerning the computation or Employer's average monthly billings for the client used to calculate the "specified amount per client", Employer shall be entitled to recover from him all costs and reasonable expenses (including reasonable attorneys' fees) incurred by it to recover the payments called for in this Paragraph 9. B. For the reasons described above, Employee further agrees that he will not solicit any clients or contractual arrangement of the Employer or convert to his possession and/or disclose in any manner any contractual arrangements, patient lists, addresses or other data about the patients, clients, and/or contracts neither before nor after termination of his employment hereunder. All such information is hereby agreed to be confidential to Employer and of essential importance to its ongoing practice. Employee shall pay all reasonable legal fees and costs incurred by Employer in connection with the enforcement of this subparagraph upon a breach hereof by Employee. , C. Employer shall have the express right to reduce the amount of any separation pay or any other compensation due to Employee from Employer under this Agreement in order to satisfy any reasonable legal fees and costs incurred in connection with this Paragraph 9. 10. Expense Recovery Upon Termination. A. Upon termination of Employee's employment for any reason, Employee shall reimburse Employer for the amount, if any, of expense and/or benefits paid by the Employer for the benefit of the Employee which relate to a period after the date of termination of Employee's employment. Such expenses and benefits may include but not be limited to vacation, educational leave, and professional liability insurance premiums. B. Employer provided claims-made professional liability insurance. Upon any termination of employment, Employee shall purchase the appropriate reporting endorsement (known as "tail coverage") for any period or period during which the claims-made coverage was in effect. C. Employer may provide Employee with numerous equipment items, supplies, and monitors during the course of his employment. It is agreed that they be returned to Employer in proper condition within five (5) business days of effective date of any termination of employment. If Employee does not pay amounts specified in a. or b. Above within ten (10) days of Employer's due date for payment, and/or does not comply with c., the Employee authorizes employer to charge these cost, or repair, amounts against any salary or other payment due Employee and to recover any remaining balance from Employee. 11. General Provisions. This Agreement shall: (a) inure to all the benefit of and be binding upon Employer, its successors and assigns; (b) not be assignable by Employee since it is for his personal services; (c) not be amended unless such amendment is in writing executed by both parties; (d) be construed according to the laws of the Commonwealth of Pennsylvania. 8 (e) be absolutely confidential between the parties. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those to which is held invalid or unenforceable shall not be affected thereby, and each term or provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. Any notice required to be given pursuant to this Agreement shall be in writing and sent by registered or certified mail with return receipt requested to the Employer at their corporate headquarters, or to the Employee at his last known residence. 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of this 19th day of September 2003. LEHIGH ANESTHESIA ASSOCIATES, P.C ` J By: Robert W. Ehle, CRNA President "EMPLOYER" Deborah Kay B le, CRNA "EMPLOYEE" 10 APPENDIX I Holy Spirit Hospital Pinnacle Health System Hospitals Penn State Milton Hershey Medical Center York Hospital Carlisle Regional Medical Center 11 f c From: "Bob Ehle" <bobehle@epix.net> To: <debbiddle823@comcast.net> Subject: LEHIGH ANESTHESIA Date: Sunday, March 30, 2008 9:12:16 AM March 30, 2008 Dear Deborah Biddle, I am in receipt of your emails from yesterday. Your writings contain baseless allegations that are clearly slanderous against our organization. These libelous statements, along with other items including your chronic failure to respond to pages and telephone calls (most recently this past Friday 3/28/08 when the office staff made three attempts to reach you), meet the standard of "cause" for termination as per your Employment Agreement. Therefore, this notice - which has also been sent to you by fax (attempted) and Certified Mail - is formal notice that your emg_lo ment with Lehigh Anemia has been ftr nated, effective immediately. Your scheduled assignments will be staffed by others. Do not report to any of these places of service. Be forewarned, that should you decide to contact any of our employees or clients, or continue disseminating defamatory statements about Lehigh Anesthesia or any individuals affiliated with it, we will aggressively exercise every legal remedy available to us and significant risk of penalty to you personally. I strongly suggest that you cease and desist from these activities, and move on with your life. We will be in contact when our professional liability insurer determines the fee for your mandatory tail insurance policy. Sincerely, Robert W. Ehle, CRNA President LEHIGH ANESTHESIA ASSOCIATES, PC PS: I tried to reach you by phone a short time ago, but there was no answer. I did leave a voice message informing you that your employment had been terminated. EXHIBIT "B" http://mailcenter3.comcast.net/wmc/v/wm/47Ft DE2216551406CC... 3/31/2008 FILED-01 t QF THE F; `'-'T`r',`N0TAPY 2009 MAY 14 AM 8: 32 _N E Y CUM # ?'??.50 ,fly ?c? a a ?G9s Sheriffs Office of Cumberland County R Thomas Kline a???titr e['?reb?r??? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE `=F .,,6 s?ERi F Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a dili ent search and inquiry for the within named defendant, to wit: Lehigh Anesthesia Associates, PC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lehigh County, PA to s rve the within Complaint and Notice according to law. 06/02/2009 Lehigh County Return: And now June 2, 2009 I, Ronald W. Rossi, Sheriff of Lehigh Coun y, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lehigh Anesthesia Associates, PC by making known unto Susan Sesko, adult in charge at 5000 Tilghman Street, Suite 240 Allentown, PA 18104 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, _ June 08, 2009 R THOMAS KLINE, SH ERIFF 2009-3062 Deborah Kay Biddle V Lehigh Anesthesia Assoc.; et al C) C C= MM .0 l .i b r C rr r? , °G i e `1--11::.E IF 1::' OFFICE COURT HOUSE -. 5T'F•f & HAMILTON S 1 REE:. T ;:} 455 1141 1. .1A [1:1:I...T01'1 .`:3•T. Ft0011 'r'5-.3 At L ENTOWN PA 18101-1614 lal:::T::;1::1Rt'H KAY B:1:T'sD1...E Di:)'p:HN 2009....i:;V.... :372 4. 1 1:: 1"1 1 iJ1 d ANESTHESIA A ="::.OC ;1 E f At 1::.?tlP I. R ° 13-Jun- 2009 ... . . . (t.,U1'BE:.RI...('tl•'dt, CO . '°'-° 09....3062) .. D1::.&t.l{:i.1. 1 s 30. 00 1::.f''d''rRY : 29....1'1-::x.)%-... 2009 WRIT COMPLAINT IN 1:`. :1:'.1:1:1... ('it:;"FION AND. NOTICE SERVER BOB 1:::1••11...1::: t::Fi Nf-'t A.T. ;; 5000 T:C1.. G N''1AN ST SUITE 240 ALLENTOWN, PA 18104 ATTNYR 000 000 0000 -- -- ----------- -------- ------- --------------------- ------------ Ra:::'riJRN ------------------ - OF SERVICE 1. 1'•1AME:: OF TNI}:f:V:Er)t.JAL SI:::RVf:::I,s Asm SksKo 2. RELATIONSHIP TO ): 3I:::F1:::NDA T 1t?2SOM vZN ???hnc? 20 Q ? T .1.1'11::. ;: NV '''s-„ I...+::3t'ATT.t:3N (:)I:° ?31:::RVICE::;; 000 f LL!'N sk S/ S:v 1-R LKO ALLt?ww ........................................................................ .................................... .................................................................... ':S„ I.JI E" Tt:3 L_t3i;Gt T'E ;; t ? NUMBER OF ATTEMPTS TO LOCATE DE::FE::1'•1XiANT AT LAST KNOWN ADDRESS-., 1.. DATE & TIME 3. DATE & TIME 5. DATE & TIME 2. DATE & TIME 4. DATE & TIME 6. DATE & TIME ACCEPTANCE OF SERVICE :1: HEREBY ACCEPT SERVICE OF THE LEGAL F'ROC;L•::SS AS OUT1...:E1•'•fED ON THE FRONT OF THE T'1..1IS t31:::R''.}:ECE IS ACCEPTED ON BE::1•'1F`sLF OF THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT I AN AUTHORIZED TO DO SO.. n ................. ?....? .............................................. f ;F1::I:Id T'E::I3 1''It11'IE:: C3F" f1L1T 1C1FG;.: r:f° 1CJ ffiE::l?f'r ::;:l:t:,I;IAT•UFtF.:. •3F fl!.? rF .JI 1:'F"I) tl?;f:::1tif'T" T:; f-)*T• -' .: :: U ...........................rte'' ............ 21 1 ..................................................................... ....................... ?? /,? Un cwt OF I.31::.1"'UT EPUTY SHERIFF SO 01'1S'Wli*:RSj w A/ s.:il°I1::.F?.l.l° i° t..31° 1...1::.1"1.1.1.:11'•1 !.;1..31..11.11 1 Y In The Court of Common Pleas of Cumberland County, Pennsylvania Deborah Kay Biddle VS. Lehigh Anesthesia Associates, PC Serve Upon: Robert W. Ehle, CRNA, President 5000 Tilghman Street, Suite 240 Allentown, PA 18104 Civil No. 2009-3062 Now, May 14, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Now, _ within upon at by handing to and made known to the So answers, Sworn and subscribed before me this day of ,20 Sheriff of Cumberland County, PA Affidavit of Service 20 , at o'clock K ser the thereof. Sheriff of County, COSTS SERVICE $ MILEAGE AFFIDAVIT copy of the original, r z O z v>kz °v do°? -j r- - W ?' o o N O N ? O O CD -e m ° n ro a 0 9 20 A c r a A N r r V cn F"'1 0 FA Kathleen M. Mills, Esquire Attorney I.D. No.: 1462 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034 (610) 797-9000 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DEBORAH KAY BIDDLE, Plaintiff, Docket No. 09-3062 Civil V. Jury Trial Demanded LEHIGH ANESTHESIA ASSOCIATES, P.C. Defendant. PETITION OF DEFENDANT, LEHIGH ANESTHESIA ASSOCIATES, TO TRANSFER AND NOW COMES Defendant, Lehigh Anesthesia Associates, P.C. ("Lehigh"), by and through its counsel, Fitzpatrick Lentz & Bubba, P.C., and, pursuant to Rule 206.1 of the Rules of the Court of Common Pleas of Cumberland County, files the instant Petition to Transfer on grounds of forum non conveniens, the Complaint of Plaintiff, Deborah Kay Biddle (hereinafter "Plaintiff' or "Biddle"), in this action, as follows: 1. Plaintiff, Deborah Kay Biddle, initiated this action by filing a Complaint on or about May 14, 2009. A true and correct copy of the Complaint is attached hereto as Exhibit "A." 2. Plaintiff's Complaint sets forth four (4) causes of action captioned: 1) wrongful termination; 2) breach of contract; 3) vacation benefits; and 4) unpaid fringe benefits. 3. Defendant was served with Plaintiff's Complaint on or about June 2, 2009. 4. Defendant is a professional corporation, organized under the laws of the Commonwealth of Pennsylvania, the office of which is located in Allentown, Lehigh County Pennsylvania. Complaint ¶ 2. See also Declaration of Robert Ehle, attached hereto as Exhibit "B," (hereinafter "Declaration") ¶ 4. 5. Defendant maintains no offices outside of Lehigh County. Declaration ¶ 4. 6. On or about October 20, 2003 Plaintiff entered into an employment contract with Defendant. Complaint ¶ 3. 7. The employment contract was drafted and negotiated in Lehigh County, Pennsylvania. Declaration 15. 8. All of Plaintiff's interaction's with the Defendant - from her paychecks to her work assignments -- originated at LAA's Allentown office. Declaration ¶ 6 9. More than eighty (80%) of the work performed by Biddle pursuant to her employment contract was performed outside Cumberland County. Declaration ¶ 8. 10. All of Defendant's documents and potential witnesses relevant to this cause of action are located in Lehigh County. Declaration ¶ 7. 10. The distance between the Cumberland County Courthouse and Defendant's office is over one hundred (100) miles. Declaration ¶ 9. 11. The nature of the work requires that LAA be able to respond quickly to unanticipated scheduling issues. Declaration ¶ 10. 2 12. The LAA office has only a limited staff and the absence of one or more persons for the time required to participate in a legal action in Carlisle, PA would seriously adversely affect the practice. Declaration ¶ 11. 13. Defendant's counsel has been unable to contact Plaintiff's counsel, nor has she received a response to phone messages and e-mail requests for his consent to this Petition. WHEREFORE, Defendant, Lehigh Anesthesia Associates, P.C. respectfully requests this Honorable Court to enter an order transferring this matter to the Court of Common Pleas of Lehigh County. Respectfully submitted, FITZPATRICK LENTZ & BUBBA, P.C. Dated: June 30, 2009 By: Acmz:??? N • ? ?_ Kathleen M. Mills I.D. No. 1463 Attorney for Plaintiff 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 3 CERTIFICATE OF SERVICE I, Kathleen M. Mills, attorney for Defendant, hereby certify that a copy of the within Petition to Transfer has been forwarded this day, by first class mail, postage pre-paid to the following: Wayne Melnick Abom & Kutulakis 39 South Hanover Street Carlisle, PA 17013 FITZPATRICK LENTZ & BUBBA, P.C. Dated: June 30, 2009 'Kathleen M. Mills, Esquire Attorney I.D. No.: 1462 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034 Attorney for Defendant 4 ABOM CSZ' KUTiILAKIS IT'byx Melnitk, Espitr rAttorng, I.D. No.: 53130 36 Santb HartaterStmet isle, Penmylvania 17013 rl 17) 24.9-0900 . DEBORAH KAY BIDDLE Plaintiff V. LEHIGH ANESTHESIA ASSOCIATES, P.C. Defendant COURT OF CON[MON PLEAS OF CUMBERLAND COUNTY, PA DOCI ET NO.: ?? ?OZCivil NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the courtwithout further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff: You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 -`TRUE COPY FROM RECORD in Testimony whereof, 1 here unto set my hand 6tid the seal of said Court at Carlisle,-Pa. •?y [his ......:1?1??:.. day, of.... ^t-a rothono•tary, -,- N Q O r N C, ' GD co .PI_ T i -C ? N ... D •• J EXHIBIT A OM & &TULAKIS iFayue 1LIelnirk, Esphr Avorny I. D. No.: 33130 36 Snah HanvverStrrd Car&& Peunrykania 17013 (717) 349-0900 DEBORAH KAY BIDDLE Plaintiff V. LEHIGH ANESTHESIA ASSOCIATES, P.C. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO: Civil COMPLAINT AND NOW, comes the Plaintiff, Deborah Kay Biddle, by and through her Attorneys, Abom & Kutulalds, LLP, and alleges as follows: 1. The Plaintiff is Deborah K. Biddle, is an individual and citizen of the Commonwealth of Pennsylvania, with an address located at 1108 Gunstock Lane, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Lehigh Anesthesia Associates, P.C., is a professional corporation organized and e.2cisting under the laws of the Commonwealth of Pennsylvania with an address at 5000 Tilghman Street, Suite 240, Allentown, Pennsylvania 18104. 3. B-eginning on October 20, 2003, Plaintiff became employed by Defendant, as a certified registered nurse anesthetist. See attachment A. 4. In this connection, Plaintiff -was required to travel to various medical facilities and hospitals for the purpose of providing anesthesia services on behalf of the Defendant. . 5. At all times material to this Complaint, Plaintiff worked for Defendant in a loyal, efficient, and highly. capable manner. 6. During the course of her employment with Defendant, Plaintiff performed each and every condition and covenant required on her part to be performed pursuant to set employment agreement and in particular was continuously employed by Defendant from on or about October 20, 2003 to on or about March 30, 2008. EXHIBIT A 7. The employment relationship that gave rise to the allegations set forth was entered into in Pennsylvania, and the subject services of said employment relationship were performed by Plaintiff exclusively in the Counties of Adams, Cumberland, Dauphin, and York., Pennsylvania. COUNT I - WRONGFUL TERMINATION 8. Plaintiff re-alleges and incorporates the allegations of paragraphs 1 through 7 of this Complaint, as though fully set forth herein. On or about March 30, 2008, Plaintiff was discharged from her employment with Defendant 10. Defendant provided Plaintiff with a written notice of termination which contained the following reasons for that termination: a. I am in receipt of your emails from yesterday b. Your writings contained baseless allegations that are clearly slanderous (sic) against our organization. . c. These libelous statements, along with other items including your chronic failure to respond to pages and telephone calls (most recently this past Friday 3/28/08) when the office staff made 3 attempts to reach you (meet the standard of "cause's for termination as per your Employment Agreement See attachment B. 11. Defendant was never disciplined by Plaintiff for failure to respond to pages and telephone calls. 12. The emails mentioned in Defendant's termination letters were email concerning Defendants' medical practices and were sent from Plaintiff to Defendant, not sent to third patties. 13. Accordingly, Plaintiff believes that Defendant's complaints of slander and libeless statements are pretextual- 14. Accordingly, Plaintiff believes and therefore alleges that her discharge was for reasons extraneous to the employment contract 15. Furthermore, the termination of PlaintifFs employment was in contravention of substantial public policy in that Plaintiff's emails to Defendant complained of Defendant's medical standards and services with respect to the care provided to citizens of this Commonwealth. 16. As a direct result of the actions of Defendant, Plaintiff has suffered serious and continuing injury including but not limited to lost income and benefits, damage to her reputation and emotional pain and suffering. EXHIBIT A 17. The actions of Defendant were willful and malicious and were undertaken for the purpose of preventing Plaintiff from bringing serious concerns regarding Defendant's medical practices and services, as well as for the purpose of causing injury and emotional anguish. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant, in a sum in excess of $50,000, together with punitive damages for a sum in excess of $50,000, as well as costs, interest, and attorneys fees. COUNT I1- BREACH OF CONTRACT 18. Plaintiff re-alleges and incorporates the allegations of paragraphs 1 through 17 of this Complaint, as though fully set forth herein. 19. Plaintiff's employment contract with Defendant provides that either party may terminate the Agreement at any time on 60 days advance written notice to the other party, or pay the employee 60 days basic salary as severance pay in lieu of notice. 20. Defendant's March 30, 2008, termination notice to Plaintiff terminated her employment immediately. 21. Plaintiff received no other notice of termination from Defendant 22. At the time of her termination, Plaintiff's gross monthly salary was approximately $13,461.54. 23. The 60 day severance pay in lieu of termination due to Plaintiff from Defendant is $40,384.62 (12 work weeks, 6 bi-weekly pay). 24. It is believed that Defendant's stated reasons for Plaintiff's termination are pretextual and do not rise to the level of cause. 25. Even assuming arguendo, Defendant's stated reasons for Plaintiff's termination were legitimate rather than pretextunl, they do not rise to the level of cause under Plaintiff's employment agreement with Defendant. 26. Since Defendant terminated Plaintiff; Plaintiff has made repeated demands upon Defendant for payment of her severance pay. 27. Defendant has, repeatedly without any basis refused to pay these wages to Plaintiff. 28. The actions of Defendant constitute a violation of the Pennsylvania Wage Payment Collection Law, 43 Pa. C.S.A. §260.10, et seq. 29. In accordance with 43 Pa. C.S.A. §260.10, Plaintiff is entitled to liquidated damages in an amount equal to 25% of the sums due in addition to the aforesaid sums. EXHIBIT A 30. In accordance with 43 Pa. C.S.A. §2609 (a)(fl, Plaintiff is entitled to an award of attorneys' fees. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant in an amount in excess of $50,000 together with interest, costs, and attorneys' fees. COUNT III - VACATION BENEFITS 31. Plaintiff re-alleges and incorporates the allegations of paragraphs 1 through 30 of this Complaint, as though fully set forth herein. 32. In accordance with the terms and conditions of Plaintiffs employment, Plaintiff was entitled to receive payment for accumulated unused vacation leave. 33. At the time of her termination, Defendant attempted to limit the payment of the accumulated vacation leave to six (6) weeks and then seven (7) weeps. 34. This six (6) or seven (7) week limit is not consistent with Defendant's actual practices with respect to its employees.. 35. This six (6) or seven (7) week is inconsistent with representations made by Defendant to Plaintiff regarding her ability to carry forward additional weeks above and beyond the 6 (six) week limit 36. Plaintiffs accumulated and unpaid vacation leave amounts to 251.29 hours. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant in an amount of $21,135.14, together with interest, costs, and attorneys' fees. COUNT TV -UNPAID FRINGE BENEFITS 37. Plaintiff re-alleges and incorporates the allegations of paragraphs 1 tbxough 36 of this Complaint, as though fully set forth herein. 38. Pursuant to Plaintiffs employment agreement with Defendant, Plaintiff was entitled to legitimate travel, telephone, and educational expenses. 39. At the time of her termination, the amount of uncompensated l4timate travel, telephone, and educational e.3cpenses owed to Plaintiff by Defendant totaled $1,347.41. EXHIQIT "A WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and against Defendant in an amount in excess of $75,000.00, together with interest, costs, and attorneys' fees. DATE. ZI Respectfully submitted, ABOAr&XUTVLA TS, LLP r eInig4 Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 53150 EXHOT &4 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. 54904, relating to unsworn falsification to authorities. `` oC, 1--D-6 6) A k?-` ??4 Date Deborah Kay Biddle EXHIBIT A -"------- -.. _. ..Q _ - ..Q. _ _..? From: "Bob Ehle" <bobehleQe epix.net> To: <debbiddle823@comcastnat> Subject: LEHIGH ANESTHESIA Date: Sunday, March 30, 2008 9:12:16 AM March 30, 2008 Dear Deborah Biddle, I am in receipt of your emails from yesterday. Your writings contain baseless allegations that are clearly slanderous against our organization. These libelous statements, along with other items including your chronic failure to respond to pages and telephone calls (most recently this past Friday 3/28/08 when the office staff made three attempts to reach you), meet the standard of "cause" for termination as per your Employment Agreement. Therefore, this notice - which has also been sent to you by fax (attempted) and Certified Mail - is formal notice that your employment with Lehigh Anesthesia has been terminated, effective immediately. Your scheduled assignments will be staffed by others. Do not report to any of these places of service. Be forewarned, that should you decide to contact any of our employees or clients, or continue disseminating defamatory statements about Lehigh Anesthesia or any individuals affiliated with it, we will aggressively exercise every legal remedy available to us and significant risk of penalty to you personally. I strongly suggest that you cease and desist from these activities, and move on with your life. We will be in contact when our professional liability insurer determines the fee for your mandatory tall insurance policy. Sincerely, Robert W. Ehle, CRNA President LEHIGH ANESTHESIA ASSOCIATES, PC PS: I tried to reach you by phone a short time ago, but there was no answer. I did leave a voice message informing you that your employment had been terminated. EXI-BIT "B" http-//mailcenter3-comcast.net/wmc/`v/wm/4 16551406CC... 3/31/2008 EXHIB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DEBORAH KAY BIDDLE, Plaintiff, Docket No. 09-3062 Civil V. Jury Trial Demanded LEHIGH ANESTHESIA ASSOCIATES, P.C. , Defendant. DECLARATION OF ROBERT EHLE Robert Ehle deposes and states as follows: 1. I am over eighteen years of age, have personal knowledge of the facts stated herein and, if called upon to do so, could and would testify as stated below. 2. I am the President of Lehigh Anesthesia Associates, P.C. ("LAA"). I have held that position at all times since 2002. 3. I am personally familiar with the Plaintiff, Deborah Kay Biddle ("Biddle"), and with the facts and circumstances leading up to her termination. 4. LAA's only office is located in Lehigh County. It maintains no offices outside of Lehigh County. 5. On or about October 20, 2003 Plaintiff entered into an employment contract with LAA. The employment contract was drafted and negotiated in Lehigh County, Pennsylvania. 6. All of Plaintiff s interaction's with her employer - LAA - from her paychecks to her work assignments originated at LAA's Allentown office. EXHIBIT B 7. All of LAA's documents and those persons most familiar with the issues pertaining to Plaintiff, who are potential witnesses relevant to this cause of action, are located in Lehigh County. 8. More than 80% of the work performed by Biddle pursuant to her employment with LAA was performed outside Cumberland County. 9. The distance between the Cumberland County Courthouse and Defendant's office is over one hundred (100) miles. 10. The nature of the work requires that LAA be able to respond quickly to unanticipated scheduling issues. 11. The LAA office has only a limited staff and the absence of one or more persons for the time required to participate in a legal action in Carlisle, PA would seriously adversely affect the practice. I declare under penalty of perjury that the foregoing is true and correct. Executed on this '2,4- th day of June, 2009. Robert Ehle EXHIBIT B A; - EL OF THE' 2009 JUL - i AM 1 f: 4 i PEP, 3 tF t Kathleen M. Mills, Esquire Attorney I.D. No.: 1462 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034 (610) 797-9000 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION - LAW DEBORAH KAY BIDDLE, Plaintiff, Docket No. 09-3062 Civil V. Jury Trial Demanded LEHIGH ANESTHESIA ASSOCIATES, P.C. , Defendant. TO THE CLERK OF COURTS: Kindly enter the appearances of Fitzpatrick Lentz & Bubba, P.C., and Kathleen M. Mills, appearing on behalf of Defendant, Lehigh Anesthesia Associates, P.C. FITZPATRICK LENTZ & BUBBA, P.C. Dated: June 30, 2009 B Adhle=MlNfills, Esquire Attorney I.D. No.: 1462 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034 (610) 797-9000 Attorneys for Defendant FILED: OF THE = - ? '>_<!OTAPY 2009 JUL -I AH If: 4 2 CUM p,.:? `L A't?l IA, Kathleen M. Mills, Esquire Attorney I.D. No.: 1462 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034 (610) 797-9000 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DEBORAH KAY BIDDLE, Plaintiff, Docket No. 09-3062 Civil V. LEHIGH ANESTHESIA : ASSOCIATES, P.C. , Defendant. Jury Trial Demanded AMENDED PETITION OF DEFENDANT, LEHIGH ANESTHESIA ASSOCIATES, TO TRANSFER AND NOW COMES Defendant, Lehigh Anesthesia Associates, P.C. ("Lehigh"), by and through its counsel, Fitzpatrick Lentz & Bubba, P.C., and, pursuant to Rule 206.1 of the Rules of the Court of Common Pleas of Cumberland County, files the instant Petition to Transfer on grounds of forum non conveniens, the Complaint of Plaintiff, Deborah Kay Biddle (hereinafter "Plaintiff' or "Biddle"), in this action, as follows: 1. Plaintiff, Deborah Kay Biddle, initiated this action by filing a Complaint on or about May 14, 2009. A true and correct copy of the Complaint is attached hereto as Exhibit "A." 2. Plaintiff's Complaint sets forth four (4) causes of action captioned: 1) wrongful termination; 2) breach of contract; 3) vacation benefits; and 4) unpaid fringe benefits. 3. Defendant was served with Plaintiff's Complaint on or about June 2, 2009. 4. Defendant is a professional corporation, organized under the laws of the Commonwealth of Pennsylvania, the office of which is located in Allentown, Lehigh County Pennsylvania. Complaint ¶ 2. See also Declaration of Robert Ehle, attached hereto as Exhibit "B," (hereinafter "Declaration") 14. 5. Defendant maintains no offices outside of Lehigh County. Declaration ¶ 4. 6. On or about October 20, 2003 Plaintiff entered into an employment contract with Defendant. Complaint 13. 7. The employment contract was drafted and negotiated in Lehigh County, Pennsylvania. Declaration ¶ 5. 8. All of Plaintiff's interaction's with the Defendant - from her paychecks to her work assignments -- originated at LAA's Allentown office. Declaration ¶ 6 9. More than eighty (80%) of the work performed by Biddle pursuant to her employment contract was performed outside Cumberland County. Declaration ¶ S. 10. All of Defendant's documents and potential witnesses relevant to this cause of action are located in Lehigh County. Declaration ¶ 7. 11. The distance between the Cumberland County Courthouse and Defendant's office is over one hundred (100) miles. Declaration ¶ 9. 12. The nature of the work requires that LAA be able to respond quickly to unanticipated scheduling issues. Declaration ¶ 10. 2 13. The LAA office has only a limited staff and the absence of one or more persons for the time required to participate in a legal action in Carlisle, PA would seriously adversely affect the practice. Declaration 111 - 14. Defendant's counsel has been unable to contact Plaintiff's counsel, nor has she received a response to phone messages and e-mail requests for his consent to this Petition. Since the messages specifically requested his consent to transfer the matter to Lehigh County, she can only assume that he will not consent to such a transfer. 15. To counsel's knowledge, no Judge has ruled on this or any other matter in this case or in any related matter. WHEREFORE, Defendant, Lehigh Anesthesia Associates, P.C. respectfully requests this Honorable Court to enter an order transferring this matter to the Court of Common Pleas of Lehigh County. Respectfully submitted, FITZPATRICK LENTZ & BUBBA, P.C. Dated: July 6, 2009 By: athleen M. Mills I.D. No. 1463 Attorney for Plaintiff 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 CERTIFICATE OF SERVICE I, Kathleen M. Mills, attorney for Defendant, hereby certify that a copy of the within Amended Petition to Transfer has been forwarded this day, by first class mail, postage pre-paid to the following: Wayne Melnick Abom & Kutulakis 39 South Hanover Street Carlisle, PA 17013 FITZPATRICK LENTZ & BUBBA, P.C. Dated: July 6, 2009 By: '10 M. (T) crin Kathleen M. Mills, Esquire Attorney I.D. No.: 1462 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034 Attorney for Defendant 4 Ffi.P) OF THEE Pl:"- RV Z6V9 Jar' -8 F," 2; U- ', JUL 0 2 2009 6-+ Kathleen M. Mills, Esquire Attorney I.D. No.: 1462 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034 (610) 797-9000 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DEBORAH KAY BIDDLE, Plaintiff, V. LEHIGH ANESTHESIA ASSOCIATES, P.C. , Defendant. Docket No. 09-3062 Civil Jury Trial Demanded C ORDER AND NOW, this -44k day of , 2009, upon consideration of the Plaintiff's Petition to Transfer, IT IS ORDERED that the Plaintiff, Deborah Kay Biddle appear and show cause T•t before this Court on the day of , 201 at (A *1" 0 1'p.m. in Court Room No. , why Plaintiff's Petition should not be granted. T: J. Copies of this Order shall be served on: Wayne Melnick Abom & Kutulakis 39 South Hanover Street Carlisle, PA 17013 and athleen M. Mills 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 l Cori'" rYj;@A 7?cv?Un ,OF T"HE" 20129 JU3 10 P l 1: 00 ABOM dZ' j~i.ITLiLAKIS Wayne Melnick, Esguire Attorney I.D. No.: 53150 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 DEBORAH KAY BIDDLE Plaintiff v. LEHIGH ANESTHESIA ASSOCIATES, P.C. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO.: 09-3062 Civil Jury Trial Demanded TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: MOTION TO CONTINUE ~. ~T " AND NOW, this ~ day of July, 2009, comes the Plaintiff, Deborah Kay Biddle, by and through her counsel, Wayne Melnick, Esquire, of Abom & Kutulakis, L.L.P., and respectfully moves This Honorable Court to continue the hearing on Defendant's Petition to Transfer, and in support thereof avers the following: 1. Petitioner is Lehigh Anesthesia Associates, P.C., Defendant in the above- captioned matter. 2. Respondent is Deborah Kay Biddle, Plaintiff in the above-captioned matter. 3. By Order of Court dated July 9, 2009, a hearing before The Honorable Edward E. Guido was scheduled for Wednesday, July 29, 2009 at 2:30 p.m. 4. Respondent, Deborah Kay Biddle, is planning to be out of town on a previously scheduled family vacation from Saturday, July 25, 2009 through Saturday, August 1, 2009 and is unable to be present for the hearing. 5. Respondent respectfully requests the hearing be continued to a later date. 6. Undersigned counsel has contacted Kathleen M. Mills, Esquire, counsel for Defendant, Todd D. Frick, who does not oppose this Motion. WHEREFORE, Petitioner prays this Honorable Court to continue the hearing on the above-captioned matter to a date to be determined by the trial court. Respectfully submitted, Date: ~ a ~ ~ ABOM & KUTULAKIS, LLP Vcra~ie ~lnick, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID #53150 C'FRTIFICATE OF SERVICE AND NOW, this o2~ ~hday of July 2009, I, Wayne Melnick, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Continue by First Class U.S. Mail addressed to the following: Kathleen M. Mills, Esquire 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 Attorney for the Defendant ayne Melnick r ~~ ~{'~ t ~tRY CAF THE t"„~~i~i.':'~`, Z0~° JAIL 2i+ Pik 3~ OG CU~~~~,4. . y~ ~.'j,~~~ OM ~ LILAKIS Wayne Melnick, Esquire Attorney I.D. No.: 531 SO 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 DEBORAH KAY BIDDLE Plaintiff v. LEHIGH ANESTHESIA ASSOCIATES, P.C. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO.: 09-3062 Civil Jury Trial Demanded TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: PLAINTIFF'S ANSWER TO AMENDED PETITION OF DEFENDANT LEHIGH ANFSTHESIA TO TRANSFER AND NOW, this 13~' day of August, 2009, comes the Plaintiff, Deborah Kay Biddle, by and through her counsel, Wayne Melnick, Esquire, of Abom & Kutulakis, L.L.P., and respectfully answers the Amended Petition of Defendant, Lehigh Anesthesia, to Transfer, and in support thereof avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. By way of further answer, Plaintiff did not travel to Lehigh County to negotiate or draft the terms of the employment contract at issue. While Mr. Ehle may have been in Lehigh County while the terms were discussed, Plaintiff remained in Cumberland County during those negotiations and never met with Mr. Ehle. 8. Denied. All of Plaintiff s interactions with the Defendant did not originate in Lehigh County. While Plaintiff s paychecks and work assignments originated in Lehigh County, there were various interactions initiated by Plaintiff from the location of her residence in Cumberland County and her places of work: Cumberland, Dauphin, York, and Adams counties. 9. Denied. Plaintiff performed work for Defendant in Cumberland, Dauphin, York, and Adams counties. That portion performed in Cumberland County constituted at least twenty percent of the total. 10. Neither Admitted nor Denied. Plaintiff has no knowledge of what documents or witnesses Defendant intends to produce as no discovery as taken place in this matter. To the extent an Answer is required, it should be deemed denied. By way of further answer, Plaintiff expects to call witnesses from those facilities in Cumberland, Dauphin, York, and Adams counties where Defendant assigned her to work. Those witnesses would be adversely impacted by having to appear in the Lehigh County Court of Common Pleas. 11. Admitted. 12. Admitted. 13. Denied. Plaintiff believes that Defendant has sufficient staff to adequately operate it Lehigh County office and participate in a legal action in Carlisle, PA. By way of further answer, Defendant regularly conducts business in Cumberland County, Defendant's essential business purpose is providing professional staffing to medical facilities, and Defendant regularly provides staffing to Cumberland County medical facilities in furtherance of its essential business purpose. 14. Admitted. 15. No responsive pleading required. WHEREFORE, Petitioner prays this Honorable Court to deny the Amended Petition of Defendant, Lehigh Anesthesia, to Transfer and decline to transfer this matter. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: 3 e elnick, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID #53150 CERTIFICATE OF SERVICE AND NOW, this 13`'' day of August 2009, I, Wayne Melnick, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Answer to the Amended Petition of Defendant, Lehigh Anesthesia, to Transfer by First Class U.S. Mail addressed to the following: Kathleen M. Mills, Esquire 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 Attorney for the Defendant ayn elruck ,•. ~~~ 7819 auG i ~ rr~ ~= 5 s ~~~,~ ~ ~tt~rt~vAS~tA r ~~ Andrew W. Barbin, Esquire Atty LD. 43571 Armx~w W. Bnx~nv, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 DEBORAH KAY BIDDLE Plaintiff v. LEHIGH ANESTHESIA ASSOCIATES, P.C., Defendant Attorney for I Deborah Kay 1N THE COURT OF COMMON PLEAS CUMMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 09-3062 CIVIL ..II . crr -t ~' <` ~ .~- ~"` C`3 3 PRAECIPE FOR ENTRY OF APPEARANCE ~ ~ TO: David Buell, Prothonotary .,. --3 w -+C G7p Please enter the appearance of the undersigned as Attorney for Plaintiff, Deborah Biddle, in the above referenced matter. r--- Andrew arbin, Esquire Atty. LD. 435 .rv... _ Andrew W. Barbin, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 717-506-4670 Attorney for Plaintiff, Deborah Kay Biddle c --t rn ro~ Q c~ _. Ca `. 3 ~~ a3 -~: DATED: August 31, 2012 ,• Andrew W. Barbin, Esquire Atty I.D. 43571 ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 DEBORAH KAY BIDDLE Plaintiff v. LEHIGH ANESTHESIA ASSOCIATES, P.C., Defendant T Attorney for F Deborah Kay IN THE COURT OF COMMON PLEAS CUMMBERLAND COUNTY, PENNSYLVA] CIVIL ACTION No. 09-3062 CIVIL CERTIFICATE OF SERVICE I, Andrew W. Barbin, Esquire, hereby certify that I am this day serving a copy of he foregoing document upon the person(s) and in the manner indicated below, which serv ce satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Mechanicsburg, Pennsylvania, with first-class post ge prepaid, as follows: Kathleen M. Mills, Esquire Fitzpatrick Lentz & Bubba, P.C. 4001 Schoolhouse Lane P. O. Box 219 Center Valley, PA 18034 j' j'~,,.____-__.^~ i ~.. , Barbin, Esquire `~ DATE: August 31, 2012