The URL can be used to link to this page

Home My WebLink About09-7616FARRELL PLASTIC SURGERY & IN THE COURT OF COMMON PLEAS LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. bq - 7101 O'luil kem GAIL ERDMAN, CIVIL ACTION - LAW Defendant. NOTICE 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 FARRELL PLASTIC SURGERY & IN THE COURT OF COMMON PLEAS LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. GAIL ERDMAN, CIVIL ACTION - LAW Defendant. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center I.D. No. 64316 4431 North Front Street, 3rd Floor Jessica E. Mercy, Esquire Harrisburg, PA 17110-1778 I.D. No. 206405 (717) 234-2401 Attorneys for Plaintiff FARRELL PLASTIC SURGERY & IN THE COURT OF COMMON PLEAS LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. _ 1- 17 L ! 1, ?r.;, A l erwi GAIL ERDMAN, CIVIL ACTION - LAW Defendant. COMPLAINT AND NOW COMES, Plaintiff, Farrell Plastic Surgery & Laser Center, P.C., by and through its attorneys, Smigel, Anderson & Sacks, LLP, who files the within Complaint by averring as follows: A. Parties 1. Plaintiff, Farrell Plastic Surgery & Laser Center, P.C. (hereinafter "Farrell Plastic Surgery"), is a Pennsylvania corporation with a principal place of business at 2025 Technology Parkway, Suite 204, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Gail Erdman (hereinafter "Erdman"), is an adult individual residing at 635 Market Street, Halifax, Dauphin County, Pennsylvania 17032. B. Jurisdiction and Venue 3. This Honorable Court has jurisdiction over the parties and subject matter of this case. 4. Venue is proper in Cumberland County, Pennsylvania pursuant to Pennsylvania Rule of Civil Procedure 1006, as it is the county in which the cause of action arose. C. Factual Background 5. Erdman was previously employed by Farrell Plastic Surgery as an office manager during the period of January 1, 2005 through January 31, 2009. 6. In her position as office manager, Erdman was responsible for checking patients out after procedures, collecting payments from patients, preparing accounting reports and making daily deposits. 7. At the end of each day, Erdman was required to prepare a payment report and make a deposit. 8. When she was collecting payments, Erdman, acting without the knowledge or consent of Farrell Plastic Surgery, falsely informed patients that if they paid by cash they would receive a discount on their procedure. 9. If a patient paid for his/her procedure in cash, Erdman would intentionally and fraudulently not record the cash payment into the billing system and would take the cash payment from Farrell Plastic Surgery for her own personal use. 10. In order to hide her intentional actions from Farrell Plastic Surgery, Erdman would fraudulently alter the daily payment report to exclude the cash payments that had been received by Farrell Plastic Surgery so that the daily payment report would coincide with the daily deposit slip. 11. After she fraudulently prepared the daily payment report, Erdman would record all of the cash payments that had been received on that day into the billing system as credit card payments so that there would be no follow-up by Farrell Plastic Surgery with patients for unpaid bills. 12. For the period of time from January 1, 2005 through January 31, 2009, Erdman 2 intentionally and fraudulently used her position as office manager to intentionally convert $56,434.97 from Farrell Plastic Surgery for her own personal use. COUNTI Conversion 13. Farrell Plastic Surgery hereby incorporates by reference paragraphs 1 through 12 of the within Complaint as if fully set forth herein. 14. In her position as office manager for Farrell Plastic Surgery, Erdman collected cash payments from patients, intentionally and fraudulently failed to record receipt of the cash payments into the billing system, and intentionally and fraudulently took the cash payments from Farrell Plastic Surgery, thereby converting Farrell Plastic Surgery's monetary funds for her own personal use. 15. As a proximate cause of Erdman's conversion, Farrell Plastic Surgery has suffered damages in the amount of $56,434.97. WHEREFORE, Plaintiff, Farrell Plastic Surgery & Laser Center, P.C., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Gail Erdman, in the amount of $56,434.97, together with interest, the costs of litigation, the costs of this action, and such other relief that this Court may deem reasonable. COUNT II Fraud 16. Farrell Plastic Surgery hereby incorporates by reference paragraphs 1 through 15 of the within Complaint as if fully set forth herein. 17. Erdman's aforesaid representations were false when made and include the following: a. Failing to record cash payments into Farrell Plastic Surgery's billing 3 system; b. Altering the daily payment report to exclude cash payments that had been received by Farrell Plastic Surgery; and C. Recording cash payments into the billing system as credit card payments. 18. Erdman knew or believed that said representations were false when made. 19. Erdman made the representations with the intention of having Farrell Plastic Surgery rely on those representations. 20. Farrell Plastic Surgery justifiably relied on Erdman's false representations by accepting the daily payment reports as a true indication of the daily payments received by Farrell Plastic Surgery. 21. As the proximate result of Farrell Plastic Surgery's justifiable reliance on said false representations, Farrell Plastic Surgery sustained damages in the amount of $56,434.97. WHEREFORE, Plaintiff, Farrell Plastic Surgery & Laser Center, P.C., respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Gail Erdman, in the amount of $56,434.97, together with interest, the costs of litigation, the costs of this action, punitive damages and such other relief that this Court may deem reasonable. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: October 29, 2009 By: Peter Good, Esq. - ID# 64316 Jessica E. Mercy, Esq. - ID# 206405 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff Pe 4 ~ OCT-16-2009(FRI) 09;48 FARRELL PLASTIC SURGERY (FRX)7177329011 P.002/002 VERIFICATION I, Leo Farrell, M.D., President of Farrell Plastic Surgery & Laser Center, P.C., verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements therein are made subject to the penalties of 18 Pa-C.S. §4904, relating to unworn falsification to authorities. Date: 10 1 G, -- o q Leo Farrell, M.D. C:S) Z i9 HN _4 ; h 2.51 C??r - Aram. f l 1 r ? ?? $18.50 PO AT`C4 Ct.0` 015(o q3 PT# a3a994 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ''r4 ~x~i~~ ~c~~3 c~~~ - E F~ t 2~ ~z ;,,, ~, ~ ~,' .'` Edward L Schorpp Solicitor Farrell Plastic Surgery & Laser Center, PC I vs. Case Number Gail Erdman 2009-7616 SHERIFF'S RETURN OF SERVICE 11/05/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Gail Erdman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 11/18/2009 10:52 AM -Dauphin County Return: And now November 18, 2009 at 1052 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Gail Erdman by making known unto herself personally, at 635 Market Street, Halifax, PA 17032 its contents and at the same time handing to her personally the said true and correct copy of the same. r~ SHERIFF COST: $37.44 SO AN~~7,,-'~ ` j ~----- November 30, 2009 ~;'F~TI-~,OMAS KLINE, SHERIFF Mary Jane Snyder Real Estate Depu William T. Tully t t solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania FARRELL PLASTIC SURGERY & LASER CENTER P.C. VS County of Dauphin GAIL ERDMAN Sheriff s Return No. 2009-T-2861 OTHER COUNTY NO. 097616 And now: NOVEMBER 18, 2009 at 10:52:00 AM served the within COMPLAINT upon GAIL ERDMAN by personally handing to GAIL ERDMAN 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 635 MARKET STREET HALIFAX PA 17032 Sworn and subscribed to before me this 20TH day of November, 2009 ~~~~~~/ NOTARIAL SEAL ARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Ex Tres Set 1, 2010 So Answers, Sheriff of D phin Count , Pa. By ~~~~~ Deputy Shetq'ff ~ ~ - Deputy: G MILLER Sheriffs Costs: $55.25 11/9/2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Farrell Plastic Surgery & Laser Center, PC vs. Gail Erdman 635 Market Street Halifax, PA 17032 Civil No. 2009-7616 Now, November 5, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service 20 , at o'clock M, served the upon at by handing to and made known ±o Sworn and subscribed before me this day of ,20 So answers, the contents thereof. Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT copy of the original County, PA CANAL PRAECIPE FOR LISTING CASE FOR ARGUMENT ];j~~t1..-+~}-~-~~~ OF ?~'c ~~~~~';-!n;~y~J7A,~?Y TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 200 JA~i 13 FMS 3~ 39 Please list the within matter for Argument Court_____C~,f-~;:~ ~, ~ ,;~ FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff vs. GAIL ERDMAN, Defendant No. 7616 , 2009 Term 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.) Plaintiff s Preliminary Objections to Defendant's New Matter 2. Identify counsel who will argue cases: (a) for plaintiff: Peter M. Good, Esquire (Name and Address) 4431 N. Front St., 3rd Floor Harrisburg PA 17110 (b) for defendant: John W. Purcell, Jr., Esauire (Name and Address) 1719 North Front Street, Harrisburg PA 17102 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: .b. ».,...~.. Peter M. Good, Esquire Print your name Date: , January 11, 2010 Farrell Plastic Surgery & Laser Center. P.C. Attorney for Plaintiff FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff, v. GAIL ERDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-7616 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Date: January 11, 2010 SMIGEL, ANDERSON & SACKS, LLP By: Peter M. Goo ,Esquire - ID# 64316 Jessica E. Mercy, Esquire - ID# 206405 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff, v. GAIL ERDMAN, Defendant NO. 2009-7616 CIVIL ACTION -LAW ~y^~ r ~~r rLCL~ r ,." /C: 20[0~~~ ~8 ~',;~ 2~ ~~ r~~ri v; i y L~~~;(bl,~`, PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner of Goldberg Katzman, P.C., as co-counsel for the Plaintiff, Farrell Plastic Surgery & Laser Center, P.C. Respectfully Submitted, Goldb tzman, P.C. Bv: Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Dated: May 13, 2010 CERTIFICATE OF SERVICE I hereby certify that on this ~ day of May, 2010, I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: Peter M. Good, Esquire Smigel, Anderson & Sachs, LP 4431 N. Front Street Harrisburg, PA 17110-1778 Attorney for Plaintiff John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102 Attorney for Defendant GOLDBERG KATZMAN, P.C. B` . Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4101 191025.1 ~~ 'hut 2 o Z~ru FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff, v. GAIL ERDMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-7616 CIVIL ACTION -LAW ORDER t1n AND NOW, this ~~ day of ~~~ y , 2010, it is hereby ORDERED that Defendant Gail Erdman is directed to respond without objection to Plaintiff Farrell Plastic Surgery & Laser Center, P.C.'s outstanding First Set of Interrogatories and Request for Production of Documents directed to Defendant Gail Erdman within ten (10) days of this Order or be subject to the penalties of this Court. Distribution: ,/lseter M. Good, Esquire, Smigel, Anderson & Sacks, LLP, 4431 North Front Street, 3ra Floor, Harrisburg, PA 17110 /.fohn W. Purcell, Jr., Esquire, Purcell, Krug & Haller, 1719 North Front Street, Harrisburg, PA 17102 7lavlrv ~ ( `~~ ~ ~.VA ~a ri ~ ~ 5"" L ~^ ~'~ Y ~,: r._, 't-; try - _~ - ~ 4 . ~' :~- ' t 4 ~ r , . : ~ Y_v. C3~7 ;~ "'`' FARRELL PLASTIC SURGERY & LASER CENTER, P.C., PLAINTIFF V. GAIL ERDMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 CIVIL IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 17~' day of August, 2010, upon consideration of the Plaintiffs Motion for Sanctions, IT IS HEREBY ORDERED AND DIRECTED that a hearing to determine why the Defendant should not be held in contempt for failing to comply with this Court's Order of July 20, 2010, will be held on Thursday, September 30, 2010, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Should the Defendant be found in contempt, the Court will impose sanctions pursuant to Pa.R.C.P. Rule 4019 to include assessment of attorneys' fees. By the Court, ./ Peter M. Good, Esquire ,/`fhomas E. Brenner, Esquire Attorneys for Plaintiff /d~6~n W. Purcell, Jr., Esquire Attorney for Defendant bas eo , ~ ~~ (~ s~«/~~ `~ M. L. Ebert, Jr., J. WG IS 20t0 ,I-- FARRELL PLASTIC SURGERY & IN THE COURT OF COMMON PLEAS LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA PI ' t'ff am i . CD 09-7616 No v _ `- . . m.: - GAIL ERDMAN CIVIL ACTION - LAW M ° = r t 1 ' t° Defendant 1 L- o . ORDER A ,Z7 c-- -?r'i AND NOW, this ? day of S B " 1 , 2010, upon consideration o# lati ff Motion for Sanctions, it is hereby ORDERED that the Motion is GRANTED. Defendant shall be held in contempt for ignoring this Court's July 20, 2010 Order. Defendant shall also be precluded from introducing into evidence at trial any of the information contained in Defendant's responses to Plaintiff's First Set of Interrogatories or any of the documents produced by Defendant in response to Plaintiff's Request for Production of Documents to establish any factual or legal defense that Defendant may have to Plaintiff's causes of action. Defendant is sanctioned in the amount of $ 11566-6(o , which sum represents reasonable attorneys' fees incurred by Plaintiff in connection with compelling Defendant's responses to Plaintiff s First Set of Interrogatories and Plaintiff's Request for Production of Documents. - ?h -? ? ? Distribution: Peter M. Good, Esquire, Smigel, Anderson & Sacks, LLP, 4431 North Front Street, 3`d Floor, Harrisburg, PA 17110 Thomas E. Brenner, Esquire, Goldberg Katzman, P.C., P.O. Box 1268, Harrisburg, PA 17108 John W. Purcell, Jr., Esquire, Purcell, Krug & Haller, 1719 North Front Street, Harrisburg, PA 17102 FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff V. GAIL ERDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ? PENNSYLVANIA c , ?rn rn- NO.09-7616 :XM N ?r i s, -t r 4 CIVIL ACTION - LAW d -,Q =-Tj m c- 5;c= .6r t r j PETITION TO INTERVENE PURSUANT TO PA.R.C.P. 2328 Peter J. Sakol, M.D., LLC ("Sakol" or "Petitioner"), by its attorneys, Cunningham & Chernicoff, P.C., files this Petition to Intervene as a plaintiff in the above-captioned action and in support thereof avers the following: 1. Plaintiff, Farrell Plastic Surgery & Laser Center, P.C. ("Farrell" or "Plaintiff") initiated this action by the filing of a Complaint on October 29, 2009 on theories of conversion and fraud, alleging, inter alia, that Gail Erdman ("Defendant" or "Erdman") unlawfully converted approximately $56,000.00 from Farrell. 2. It is alleged by Farrell that Erdman effected such fraud and conversion from January 1, 2005 until January 31, 2009 (the termination of her employ with Farrell) by pocketing cash payments made by patients and then by fraudulently altering billing records so as to avoid detection of the same. 3. Petitioner practiced medicine under an oral agreement ("Oral Agreement") and pursuant to a Business Associate Agreement (a "BAA") whereby their practices were operated independently of each other but at the practice location of Farrell. Under the Oral Agreement and/or BAA, Erdman, as an employee of Farrell, handled, inter alia, Sakol's billing in addition to Farrell's. 4. Of particular import, the Oral Agreement and/or BAA provided that Farrell would handle Sakol's billing, collections, office management, and accounts receivable. To accomplish this, Erdman, on behalf of Farrell, oversaw, and largely herself performed, the aforementioned functions. 5. While proceeding in Petitioner's separate suit against Farrell', Petitioner's counsel, within the last few weeks, discovered in its investigation and pursuit thereof that a portion of the proceeds which Farrell claims Erdman fraudulently converted may have been revenues of Sakol; thus, at least some portion of said proceeds are rightfully Sakol's, as under the Oral Agreement and/or BAA, Farrell maintained Sakol's records and had a duty and responsibility to ensure the proper collection of Sakol's accounts, and the Sakol claim identified in the attached Complaint is in subordination to and in recognition of the propriety of the Farrell claim and either has been enveloped in the Farrell claim or should have been advanced in this lawsuit. 6. Because the claims herein are based in fraud and conversion, Sakol may not pursue a theory of recovery in the Sakol/Farrell Suit under the doctrine of Petitioner refers the Court to the pleadings docketed to Cumberland County Court of Common Pleas No. 09-6023 (the "Sakol/Farrell Suit") for a comprehensive overview of the business relationship between Petitioner and Plaintiff herein. respondeat superior, thus Sakol may only advance his action against Erdman by intervening herein and because Farrell controls the data and computer systems from which the information and evidence supporting claims against Erdman arises, thus in the absence of Petitioner's intervention, Petitioner's interests are not adequately represented. 7. Petitioner is entitled to intervene pursuant to Pa.R.C.P. Rule 2327 and 2328 because: Petitioner could have joined as an original party in the action or could have been joined therein; ii. The determination of Plaintiff's action may affect a legally enforceable interest of Petitioner; and iii. Limited discovery has taken place in this case and no party will be delayed, embarrassed or have any rights prejudiced if intervention is permitted. 8. If Petitioner is granted permission to intervene, Petitioner will file a Complaint, a copy of which is attached hereto and marked Exhibit "A". 9. The full text of this Petition was provided to counsel for the Plaintiff and to counsel for the Defendant on November 19, 2010. Petitioner's counsel requested concurrence pursuant to Local Rule. Neither counsel for the Plaintiff nor counsel for the Defendant responded in any way, thus concurrence is presumed denied. V 10. The Honorable M.L. Ebert has ruled upon Preliminary Objections and on Discovery Motions in this case previously. WHEREFORE, Petitioner, Peter J. Sakol, M.D., LLC requests that it be permitted to intervene as a plaintiff in this action and to file the complaint attached to this petition. CUNNINGHAM & CHERNICOFF, P.C. By Brut J. Wafsha sky, E quire PA Supreme C rt ID# 8799 Nicholas A. F Velli, ire PA Supre me 08136 CUNNINGHRNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: November 24, 2010 f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff v. e GAIL ERDMAN, Defendant NO. 09-7616 CIVIL ACTION - LAW VERIFICATION A I, Peter J. Sakol, M.D., on behalf of Peter J. Sakol, M.D., LLC, verify that the statements made in the foregoing Petition to Intervene are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 11-N-10 By: Peter J. Sakol, M.D. EXHIBIT `A' FARRELL PLASTIC SURGERY & IN THE COURT OF COMMON PLEAS LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-7616 V. CIVIL ACTION - LAW GAIL ERDMAN, Defendant COMPLAINT AND NOW, comes Plaintiff, Peter J. Sakol, M.D., LLC ("Sakol") by and through its attorneys, Cunningham & Chernicoff, P.C., and avers in support thereof as follows: 1. Sakol is a Pennsylvania limited liability company, formed on March 23, 2001, with a registered address of 4212 Jonathan Lane, Harrisburg, Dauphin County, Pennsylvania 17110. 2. Peter J. Sakol, M.D. ("Dr. Sakol") is the sole member of Sakol. 3. Gail Erdman ("Erdman") is an adult individual residing at 635 Market Street, Halifax, Dauphin County, Pennsylvania 17032. 4. In approximately, March, 2001, co-Plaintiff, Farrell Plastic Surgery & Laser Center, P.C. ("Farrell") and Sakol began a business relationship whereby their practices were operated independently of each other but under an oral agreement ("Oral Agreement") and a Business Associate Agreement ("BAA") between Farrell and Sakol. The terms, conditions and specifics of the Oral Agreement and BAA included Farrell paying operating overhead and providing all the labor to provide a variety of services to Sakol, to wit: a. Billing; b. Collection; C. Office Management; and d. Accounts Receivable Management. 5. Erdman was employed by Farrell as its office manager from January 1, 2005 through January 31, 2009. 6. In her position as Office Manager, Erdman was responsible for, inter alia, collecting payments from patients, preparing accounting reports, and making daily deposits, not only for Farrell, but also for Sakol. 7. When she was collecting payments, Erdman acting without the knowledge or consent of Farrell or Sakol, falsely informed patients that if they paid by cash they would receive a discount on their procedure. 8. If a patient paid for his or her procedure in cash, Erdman would intentionally and fraudulently not record the cash payment into the billing system and would take the cash payment from Farrell and from Sakol for her own personal use 9. In order to hide her intentional actions from Farrell and Sakol, Erdman would fraudulently alter the daily payment report to exclude the cash payments that had been received by Farrell and Sakol so that the daily payment report would coincide with the daily deposit slip. 10. After she fraudulently prepared the daily payment report Erdman would record all of the cash payments that had been received on that day into the billing system as credit card payments so that there would be no follow up by either practice with patients for unpaid bills. 11. For the period of time from January 1 2005 through January 312009, Erdman intentionally and fraudulently used her position to intentionally convert an unknown amount of cash ("Sakol's Cash") from Peter J. Sakol, M.D., LLC for her own personal use. 12. At all materials times hereto, Sakol (through Farrell) maintained full possessory rights to Sakol's Cash, which the Defendant unlawfully and wrongfully took and carried away and converted the same to her own use. 13. Defendant's wrongful exercise of dominion and control was intentional, as was the resulting deprivation and interference of Sakol's right to full use and enjoyment thereof. 14. The Defendant has unlawfully converted Sakol's Cash to her own use. 15. As a proximate cause of Erdman's conversion, Sakol has suffered damages in an unknown amount but upon information and belief in excess of the compulsory arbitration limit in this judicial district. WHEREFORE Plaintiff, Peter J. Sakol, M.D., LLC respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Gail Erdman, in an amount in excess of the compulsory arbitration limit in this judicial district, together with interest, the costs of litigation, the costs of this action, punitive damages, and such other relief that this Court may deem appropriate. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By Bruce J. Warshawsky, Esquire PA Supreme Court ID# 58799 Nicholas A. Fanelli, Esquire PA Supreme Court ID# 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: VERIFICATION I, Peter J. Sakol, M.D., on behalf of Peter J. Sakol, M.D., LLC, 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 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: By: Peter J. Sakol, M.D. r FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff V. GAIL ERDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the COMPLAINT in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Ms. Gail Erdman Farrell Plastic Surgery & Laser Center, P.C. c/o John W. Purcell, Jr., Esquire c/o Peter M. Good, Esquire Purcell, Krug & Haller, P.C. Smigel, Anderson & Sacks, LLP 1719 North Front Street 4431 North Front Street Harrisburg, PA 17102 Harrisburg, PA 17110-1778 CUNNINGHAM & CHERNICOFF, P.C. Date: By: Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 F:\Home\BMDOCS\SAKOL.PETER\General Business\Gail Erdman\Complaint.wpd 1% w s FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 V. GAIL ERDMAN, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the PETITION TO INTERVENE PURSUANT TO PA.R.C.P. 2328 in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Ms. Gail Erdman c/o John W. Purcell, Jr., Esquire Purcell, Krug & Haller, P.C. 1719 North Front Street Harrisburg, PA 17102 Date: November 24, 2010 Farrell Plastic Surgery & Laser Center, P.C. c/o Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110-1778 CUNNINGHAM & CHERNICOFF, P.C. B 4"Ak Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 F:\Home\BJW\DOCS\SAKOL.PETER\General Business\Gail Erdman\Petition to Intervene.wpd NOV 2 9 Zulu FILEO-OFFICE OF THE PROTHONOTARY 2010 NOV 30 AM 10: 18 CUMBERLAND COUNTY PENNSYLVANIA FARRELL PLASTIC SURGERY & IN THE COURT OF COMMON PLEAS LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-7616 V. GAIL ERDMAN, CIVIL ACTION - LAW Defendant ORDER AND NOW, this 18"day of N ny , 2010, it is ORDERED that Peter J. Sakol, M.D., LLC is permitted to intervene in this action by filing within ten (10) days the Complaint which is attached to this Petition. Any stay previously imposed in this action is hereby lifted. DISTRIBUTION LIST: nice J. Warshawsky, Esquire - Cunningham & Chernicoff, P.C. - 2320 North Second Street, Harrisburg, PA 171 10 /John W. Purcell, Jr., Esquire - Purcell, Krug & Haller, P.C. - 1719 North Front Street, Harrisburg, PA 17102 eter M. Good, Esquire - Smigel, Anderson & Sacks, LLP - 4431 North Front Street, Harrisburg, PA 17110-1778 ca P es eni;L t L.C, FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 V. GAIL ERDMAN, Defendant CIVIL ACTION - LAW PETER J. SAKOL, M.D., LLC, C") ,.,3 c c~ CS Intervenor/Plaintiff rr, c:? 9 ' TO: Mr. Gail Erdman s v , s c/o John W. Purcell, Esquire ' -a Purcell, Krug & Haller, P. C :zcc'i Zr X M 1719 North Front Street N Harrisburg, PA 17102-2392 -? _ NOTICE 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 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas diguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avidaso que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, CUNNINGHA>r&/CHWICO?-f?C. By B50 J. War awsky, E uire P Suprem Court ID 8799 dVicholas A. Fanelli, Esquire PA Supreme Court ID# 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: December , 2010 FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 GAIL ERDMAN, : Defendant PETER J. SAKOL, M.D., LLC, Intervenor/Plaintiff CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Peter J. Sakol, M.D., LLC ("Sakol") by and through its attorneys, Cunningham & Chernicoff, P.C., and avers in support thereof as follows: 1. Sakol is a Pennsylvania limited liability company, formed on March 23, 2001, with a registered address of 4212 Jonathan Lane, Harrisburg, Dauphin County, Pennsylvania 17110. 2. Peter J. Sakol, M.D. ("Dr. Sakol") is the sole member of Sakol. 3. Gail Erdman ("Erdman") is an adult individual residing at 635 Market Street, Halifax, Dauphin County, Pennsylvania 17032. 4. In approximately, March, 2001, co-Plaintiff, Farrell Plastic Surgery & Laser Center, P.C. ("Farrell") and Sakol began a business relationship whereby their practices were operated independently of each other but under an oral agreement ("Oral Agreement") and a Business Associate Agreement (`BAA") between Farrell and Sakol. The terms, conditions and specifics of the Oral Agreement and BAA included Farrell paying operating overhead and providing all the labor to provide a variety of services to Sakol, to wit: a. Billing; b. Collection; C. Office Management; and d. Accounts Receivable Management. 5. Erdman was employed by Farrell as its office manager from January 1, 2005 through January 31, 2009. 6. In her position as Office Manager, Erdman was responsible for, inter alia, collecting payments from patients, preparing accounting reports, and making daily deposits, not only for Farrell, but also for Sakol. 7. When she was collecting payments, Erdman acting without the knowledge or consent of Farrell or Sakol, falsely informed patients that if they paid by cash they would receive a discount on their procedure. 8. If a patient paid for his or her procedure in cash, Erdman would intentionally and fraudulently not record the cash payment into the billing system and would take the cash payment from Farrell and from Sakol for her own personal use 9. In order to hide her intentional actions from Farrell and Sakol, Erdman would fraudulently alter the daily payment report to exclude the cash payments that had been received by Farrell and Sakol so that the daily payment report would coincide with the daily deposit slip. 10. After she fraudulently prepared the daily payment report Erdman would record all of the cash payments that had been received on that day into the billing system as credit card payments so that there would be no follow up by either practice with patients for unpaid bills. 11. For the period of time from January 1 2005 through January 312009, Erdman intentionally and fraudulently used her position to intentionally convert an unknown amount of cash ("Sakol's Cash") from Peter J. Sakol, M.D., LLC for her own personal use. 12. At all materials times hereto, Sakol (through Farrell) maintained full possessory rights to Sakol's Cash, which the Defendant unlawfully and wrongfully took and carried away and converted the same to her own use. 13. Defendant's wrongful exercise of dominion and control was intentional, as was the resulting deprivation and interference of Sakol's right to full use and enjoyment thereof. 14. The Defendant has unlawfully converted Sakol's Cash to her own use. 15. As a proximate cause of Erdman's conversion, Sakol has suffered damages in an unknown amount but upon information and belief in excess of the compulsory arbitration limit in this judicial district. WHEREFORE Plaintiff, Peter J. Sakol, M.D., LLC respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Gail Erdman, in an amount in excess of the compulsory arbitration limit in this judicial district, together with interest, the costs of litigation, the costs of this action, punitive damages, and such other relief that this Court may deem appropriate. Respectfully submitted, .C. By Bruc . Warskawsky, I P unreme Court ID# Nicholas A. Fanelli, EsquirV PA Supreme Court ID# 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Date: December , 2010 Harrisburg, PA 17110 Telephone: (717) 238-6570 provide a variety of services to Sakol, to wit: a. Billing; b. Collection; C. Office Management; and d. Accounts Receivable Management. Erdman was employed by Farrell as its office manager from January 1, 2005 through January 31, 2009. 6. In her position as Office Manager, Erdman was responsible for, inter alia, collecting payments from patients, preparing accounting reports, and making daily deposits, not only for Farrell, but also for Sakol. 7. When she was collecting payments, Erdman acting without the knowledge or consent of Farrell or Sakol, falsely informed patients that if they paid by cash they would receive a discount on their procedure. If a patient paid for his or her procedure in cash, Erdman would intentionally and fraudulently not record the cash payment into the billing system and would take the cash payment from Farrell and from Sakol for her own personal use 9. In order to hide her intentional actions from Farrell and Sakol, Erdman would fraudulently alter the daily payment report to exclude the cash payments that had been received by Farrell and Sakol so that the daily payment report would coincide with the daily deposit slip. 10. After she fraudulently prepared the daily payment report Erdman would record all of the cash payments that had been received on that day into the billing system as credit card payments so that there would be no follow up by either practice with patients for unpaid bills. 11. For the period of time from January 1 2005 through January 312009, Erdman intentionally and fraudulently used her position to intentionally convert an unknown amount of cash ("Sakol's Cash") from Peter J. Sakol, M.D., LLC for her own personal use. 12. At all materials times hereto, Sakol (through Farrell) maintained full possessory rights to Sakol's Cash, which the Defendant unlawfully and wrongfully took and carried away and converted the same to her own use. 13. Defendant's wrongful exercise of dominion and control was intentional, as was the resulting deprivation and interference of Sakol's right to full use and enjoyment thereof. 14. The Defendant has unlawfully converted Sakol's Cash to her own use. 15. As a proximate cause of Erdman's conversion, Sakol has suffered damages in an unknown amount but upon information and belief in excess of the compulsory arbitration limit in this judicial district. WHEREFORE Plaintiff, Peter J. Sakol, M.D., LLC respectfully requests that this Honorable Court enter judgment in its favor and against Defendant, Gail Erdman, in an amount in excess of the compulsory arbitration limit in this judicial district, together with interest, the costs of litigation, the costs of this action, punitive damages, and such other relief that this Court may deem appropriate. Respectfully submitted, Date: December , 2010 CUNN M & CHERNICOFF, P.C. By ruce arshaw , Esquire PA Supreme Court ID# 58799 Nicholas A. Fanelli, Esquire PA Supreme Court ID# 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FARRELL PLASTIC SURGERY & LASER CENTER, P.C. and PETER J. SAKOL, M.D. LLC, Plaintiffs V. GAIL ERDMAN, Defendant NO. 09-7616 CIVIL ACTION - LAW VERIFICATION I, Peter J. Sakol, M.D., on behalf of Peter J. Sakol, M.D., LLC, 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 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Date: ?1 t IO By: er J. S ol, M.D. FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff V. GAIL ERDMAN, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 09-7616 CIVIL ACTION - LAW Defendant PETER J. SAKOL, M.D., LLC, Intervenor/Plaintiff CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of COMPLAINT in he above-captioned h P.C., do hereby certify that a true and correct copy of the aid on this date, to the matter was sent first class U.S. Mail, First Class Mail, postage prep following: John W. Purcell, Jr., Esquire Purcell, Krug & Haller, P.C. 1719 North Front Street Harrisburg, PA 17102 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. 320 Market Street - Strawberry Square P.O. Box 1268 Harrisburg, PA 17108 Date: DecembetJ '2010 Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110-1778 CUNNINGHAM & CHERNICOFF, P.C. By r(t&J"""i ??Zy" Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 F:\Home\BJW\DOCS\SAKOL.PETER\General Business\Gail Erdman\Complaint.wpd FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff V. GAIL ERDMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 CIVIL ACTION - LAW Defendant PRAECIPE TO AMEND CAPTION PURSUANT TO COURT ORDER TO THE PROTHONOTARY: Please kindly amend the caption of the above-docketed case to reflect the intervention of Peter J. Sakol, M.D., LLC as a party (Intervenor/Plaintiff), pursuant to the Order of Court signed November 30, 2010, such that the new caption reads as follows: FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff V. GAIL ERDMAN, Defendant PETER J. SAKOL, M.D., LLC, Intervenor/Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 CIVIL ACTION - LAW C") c7j :zm =::0 r rrt c-7 -v m m ° o ° y c a rv ?r" -C Q W y. ..? Respectfully submitted, CUNNINGHAM C ICOFF, P.C. By Bruce . areourt sky, Esq ' e PA nreme ID# 5979V Nicholas A. Fanelli, Esq PA Supreme Court ID# 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: December , 2010 F:\Home\BJW\DOCS\SAKOL.PETER\GenemI Business\Gail Erdman\Praecipe to Amend Caption.wpd 2 FARRELL PLASTIC SURGERY & LASER CENTER, P.C., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 09-7616 CIVIL ACTION - LAW GAIL ERDMAN, Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the PRAECIPE TO AMEND CAPTION PURSUANT TO COURT ORDER in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: John W. Purcell, Jr., Esquire Purcell, Krug & Haller, P.C. 1719 North Front Street Harrisburg, PA 17102 Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110-1778 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. 320 Market Street - Strawberry Square P.O. Box 1268 Harrisburg, PA 17108 CUNNINGHAM & CHERNICOFF, P.C. F:\Home\BJW\DOCS\SAKOL.PETER\General Business\Gail Erdman\Praecipe to Amend Caption.wpd Date: December ,? '2010 By: Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717) 238-6570 3 FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff V. GAIL ERDMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 Defendant PETER J. SAKOL, M.D., LLC, Intervenor/Plaintiff CIVIL ACTION - LAW C- rri CO M e S;: Z: -c e Ul f Cab = PRAECIPE TO VOLUNTARILY TERMINATE ACTION BY DISCONTINUANCE PURSUANT TO PA.R.C.P. 229 (a) BY PETER J. SAKOL, M.D., LLC To the Prothonotary: Peter J. Sakol, M.D., LLC ("Sakol") hereby voluntarily terminates this action, as to Sakol only, by discontinuance of the above referenced action against the Defendant, Gail Erdman (the only Defendant in this action), pursuant to Pa. R.C.P. 229(a). This discontinuance shall have no effect on the action by and between the Plaintiff, Farrell Plastic Surgery and Laser Center, P.C. and the Defendant, Gail Erdman. J C'TTNWTNJM4AM Rr CNFRNTC C)PF P C'' By PA Supreme Court ID# 58799 Nicholas A. Fanelli, Esquire PA Supreme Court ID# 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: January ?, 2011 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the PRAECIPE TO VOLUNTARILY TERMINATE ACTION BY DISCONTINUANCE PURSUANT TO PA.R.C.P. 229 (a) BY PETER J. SAKOL, M.D., LLC in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Ms. Gail Erdman c/o John W. Purcell, Jr., Esquire Purcell, Krug & Haller, P.C. 1719 North Front Street Harrisburg, PA 17102 Farrell Plastic Surgery & Laser Center, P.C. c/o Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110-1778 CUNNINGHAM & CHERNICOFF, P.C. Date: January , 2011 By: Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 F:\ tome\BJVADOCS\SAKOL.PETER\General Business\Gail Erdman\voluntary disc.wpd A iCi` v ON0T ` ? b a PRAECIPE FOR LISTING CANAOORTMIAli 11. 27 (Must be typewritten and submit"{ COUNT`'! TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ® for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Farrell Plastic Surgery & Laser Center, P.C. (other) (Plaintiff) vs. Gail Erdman (Defendant) vs. The trial list will be called on 8/23/11 and Trials commence on 9/19/11 Pretrials will be held on 9/7/11 (Briefs are due S days before pretrials No. 7616 Indicate the attorney who will try case for the party who files this praecipe: Peter M. Good, Esq. and Jessica E. Mercy, Esq., Smigel, Anderson & Sacks, LLP Indicate trial counsel for other parties if known: John W. Purcell, Jr., Esq., Purcell, Krug & Haller This case is ready for trial. Date: -7 - S f (check one) ® Civil Action - Law ? Appeal from arbitration 2009 Term are} % as co Qa al( CkA 3ot-LS 4,-V alga 331 Signed: /WA / f ! dU !7 T Peter M. Good, Esq. Print Name: Attorney for: Plaintiff FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff, V. GAIL ERDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-7616 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing Praecipe for Listing Case for Trial upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108 SMIGEL, ANDERSON & SACKS, LLP Date: `7 P S-1 By: 1A 4/ Peter M. Good, E q. - ID# 64316 Jessica E. Mercy, Esq. - ID# 206405 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff FARRELL PLASTIC SURGERY : IN THE COURT OF COMMON PLEAS OF and LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. GAIL ERDMAN, Defendant CIVIL ACTION - LAW : NO. 09-7616 CIVIL TERM ORDER OF COURT AND NOW, this 29" day of Sum, July, a pretrial conference in the above matter is scheduled for Thursday, October 6, 2011, at 11:15 a.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Monday, October 31, 2011, at 9:30 a.m., in Courtroom No. Pennsylvania. Peter M. Good, Esq. Jessica E. Mercy, Esq. 4431 North Front Street Harrisburg, PA 17110-1778 Attorney for Plaintiff / John W. Purcell, Jr., Esq 1719 North Front Street Harrisburg, PA 17102 Attorney for Defendant J. 1, Cumberland County Courthouse, Carlisle, apil?smwldd ?a --,cam C_ r-- rv -? a cD ^i°? Court Administrator -in le :rc BY THE COURT, OP PRAECIPE FOR LISTING CASE FOR TRIAL; (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ® for trial without a jury. ---------------------------------------------------------------------------------------------------------------• CAPTION OF CASE (entire caption must be stated in full) (check one) ® Farrell' Plastic Surgery ? Appeal from arbitration & Laser Center, P.C. ? (other) (Plaintiff) vs. Gail Erdman The trial list will be called on N/A and Trials commence on N/A vs. (Defendant) Pretrials will be held on N/A (Briefs are due S days before pretrials No. 7616 Indicate the attorney who will try case for the party who files this praecipe: Peter M. Good, Esquire and Jessica E. Mercy, Esquire, Smigel, Anderson & Sacks, LLP Indicate trial counsel for other parties if known: John W. Purcell, Jr., Esquire, Purcell, Krug & Haller This case is ready for trial. Date: May 29, 2012 Signed: 2009 Term Peter M. Good, Esquire Print Name: Attorney for: Plaintiff Exhibit A - United States Bankruptcy Court for the Middle District of Pennsylvania - Judgment by Default Exhibit B - United States Bankruptcy Court for the Middle District of Pennsylvania - Discharge of Debtor Exhibit C - United States Bankruptcy Court for the Middle District of Pennsylvania - Final Decree 1 ^? ? Q 3l9gLo Q t? a -759`?7 C?? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Chapter 7 GAIL C. ERDMAN, Case No. 1:11-bk-07330-RNO Debtor. FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Adversary No. 1: 12-ap-00041 -RNO Plaintiff, V. GAIL C. ERDMAN, Defendant. JUDGMENT BY DEFAULT Default was entered against Defendant Gail C. Erdman on May 9, 2012. Therefore, on Motion of the Plaintiff, judgment is entered against Defendant Gail C. Erdman in favor of the Plaintiff as follows: IT IS ORDERED THAT: The debt reflected in Plaintiff Farrell Plastic Surgery & Laser Center, P.C.'s state court action against Defendant Gail C. Erdman filed on November 4, 2009 is hereby ordered to be non-dischargeable under Bankruptcy Code §§ 523(a)(2)(A), 523(a)(4) and 523(a)(6). By the Court, U. c Jr Robert N. Opel, H, Bankruptcy Judge f84 Dated: May 9, 2012 Case 1:12-ap-00041-RNO Doc 8 Filed 05/09/12 Entered 05/10/12 10:17:48 Desc Main Document Page 1 of 1 1? B18 (Official Form 18) (12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:11-bk-07330-RNO Chapter 7 In re Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Gail C Erdman 635 Market Street Halifax, PA 17032 Social Security / Individual Taxpayer ID No.: xxx-xx-0220 Employer Tax ID / Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: 5/24/12 IT* Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:11-bk-07330-RNO Doc 29 Filed 05/24/12 Entered 05/24/12 15:05:16 Desc Ch 7 Discharge Page 1 of 2 B18 (Official Form 18) (12/07) - Cont. EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property,,or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, acreditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are 11ischarged The chapter, 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are = discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for'which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance'with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Be ause the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:11-bk-07330-RNO Doc 29 Filed 05/24/12 Entered 05/24/12 15:05:16 Desc Ch 7 Discharge Page 2 of 2 ?? fnldec (09/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Gail C Erdman 635 Market Street Halifax, PA 17032 Chapter 7 Case No. 1:11-bk-07330-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-0220 FINAL DECREE The estate of the above named debtor(s) has been fully administered. IT IS ORDERED THAT: Markian R Slobodian (Trustee) is discharged as trustee of the estate of the above-named debtor(s); and the chapter 7 case of the above named debtor(s) is closed. BY THE COURT Dated: Max 24, 6ZA v Honorable Robert N. Opel United States Bankruptcy Judge This document is electronically signed and filed on the same date. Case 1:11-bk-07330-RNO Doc 30 Filed 05/24/12 Entered 05/24/12 15:06:00 Desc Final Decree Closing Case Page 1 of 1 FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff, GAIL ERDMAN, V. Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-7616 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing Praecipe for Listing Case for Trial upon the person(s) indicated below by facsimile and by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108 SMIGEL, ANDERSON & SACKS, LLP Date: May 29, 2012 By: 4r Peter M. Good, Esq. - ID# 64316 Jessica E. Mercy, Esq. - ID# 206405 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff FARRELL PLASTIC IN THE COURT OF COMMON PLEAS OF SURGERY & LASER CUMBERLAND COUNTY, PENNSYLVANIA CENTER, P.C., Plaintiff V. CIVIL ACTION - LAW GAIL ERDMAN, Defendant NO. 09-7616 CIVIL TERM ORDER OF COURT AND NOW, this 5 h day of June, 2012, a pretrial conference in the above matter is scheduled for Monday, July 16, 2012, at 10:00 a.m., in chambers of the undersigned judge. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Thursday, August 30, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christyl L. Peck, J. ? Peter M. Good, Esq. Jessica E. Mercy, Esq. River Chase Office Center 4413 N. Front Street Harrisburg, PA 17110-1709 Attorney for Plaintiff dr John W. Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102-2305 Attorney for Defendant Gail C. Erdman 635 Market Street Halifax, PA 17032 / Court Administrator :rc &P;C5 Xtrl ed 6/&//,) ?r i 7 ." ?- -cam 4K't C_- _ s Peter M. Good, Esquire ?•- Attorney I.D. #64316 rn c r Caldwell & Kearns or- 3631 North Front Street •<7-- un -4rw,> Harrisburg, PA 17110 ?C5 -v pgood@cklegal.net =>c,' (717) 232-7661 =?. •• (717) 232-2766 (fax) - ' Attorney for Plaintiff, Farrell Plastic Surgery & Laser Center, P. C. FARRELL PLASTIC SURGERY & LASER CENTER, P.C. Plaintiff, V. GAIL ERDMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7616 - CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Plaintiff Farrell Plastic Surgery & Laser Center, P.C. in the above-captioned matter. Dated: July 3, 2012 By: A14/ Peter M. Good, Esquire Attorney I.D. #64316 Caldwell & Kearns 3631 North Front Street Harrisburg, PA '17110 pgood(a)_CKLegal.net (717) 232-7661 (717) 232-2766 (fax) Attorney for Plaintiff, Farrell Plastic Surgery & Laser Center, P. C. CERTIFICATE OF SERVICE AND NOW, this 3`d day of July, 2012, 1 hereby certify that I have served a copy of the Praecipe for Entry of Appearance on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: John W. Purcell, Jr., Esquire 1719 N. Front Street Harrisburg, PA 17102-2305 Attorney for Defendant Thomas E. Brenner, Esquire Goldberg Katzman 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Gail C. Erdman 635 Market Street Halifax, PA 17032 Court Administrator BY: OV Peter M. Good, Esquire John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff vs. GAIL ERDMAN Defendant C r-a IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNS)&ANg -<:> o NO. 09-7616 CIVIL ACTION-LAW M__ r? PETITION OF JOHN W. PURCELL TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes John W. Purcell, Esquire, counsel of record for Defendant, Gail Erdman, who states the following in support of the within Petition: 1. The undersigned is counsel of record for the Defendant, Gail Erdman herein after "Erdman" with an address of 635 Market Street, Halifax, PA 17032. 2. Erdman hired the undersigned to represent her in the defense in the above referenced matter. 3. The undersigned can no longer represent Erdman as a result of Erdman's Bankruptcy and financial inability to oppose the Plaintiff. 4. Erdman will experience no harm or prejudice from the undersigned being permitted to withdraw as counsel. e 5. Both Defendant and counsel for the Plaintiff do not oppose the undersigned's withdrawal as counsel for the Defendant. 6. Defendant has been advised of the consequences of the pending litigation. WHEREFORE, the undersigned requests this Honorable Court to enter an Order in the form attached permitting the undersigned to withdraw as counsel and to permit Erdman to proceed pro se, or to obtain alternate counsel. PURCELL, KRUG & HALLER By: DATE John . Purcell, Jr., Esqu ID 9955 19 North Front Street Harrisburg, PA 17102 (717) 234-4178 1 v ?? Attorney for Defendant or CERTIFICATE OF SERVICE I, Carol Masich, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the Plaintiff and the following, by sending a copy of the same via first class U.S. Mail to: Peter M. Good, Esquire Caldwell & Kearns 3631 North Front Street, Harrisburg, PA 17110-1533 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. Box 6991 Harrisburg, PA 17112 Gail C. Erdman 635 Market Street Halifax, PA 17032 Carol Masich, Legal Assistant to John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 Date: July 17, 2012 FARRELL PLASTIC SURGERY IN THE COURT OF COMMON PLEAS OF & LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW GAIL ERDMAN, Defendant No. 09-7616 CIVIL TERM r?ni= r IN RE: PRETRIAL CONFERENCE ORDER OF COURT cl? AND NOW, this 16th day of July, 2012, after iiav?g_ ad a pretrial conference in this matter with attorneys for Plaintiff having appeared, but neither counsel for the Defendant nor the Defendant herself having appeared in court, and this Court Navin had a telephone conference with John W. Purcell, Jr., Esquire, f r the Defendant, with counsel for the Plaintiffs present, and Mr. Purcell having indicated to this Court that he intends to file a motion to withdraw as counsel, without objection on the part of he Plaintiff, this matter is hereby scheduled for trial on Thursday August 30, 2012, at 9:30 a.m. The Defendant is directed to appear for trial at that time. This is an action for fraud and conversion arising out of an alleged embezzlement by the Defendant from her employer, t e Plaintiff. This will be a nonjury trial which. is expected to one day. No pretrial memoranda has been received from the Defendant. It appears that testimony in this matter will be limited due to a separate Order of Court entered by the Honorabl Judge Ebert wherein he limited the Defendant's testimony and evidence because of a discovery violation. No other unusual iss?es or motions are still outstanding for the trial to proceed. By the Court, Christy e L. Peck, J. 1/ Peter M. Good, Esquire 3631 N. Front Street Harrisburg, PA 17110 For the Plaintiff Thomas E. Brenner, Esquire 4250 Crums Mill Road P.O. Box 6991 Harrisburg, PA 17112 Co-Counsel for the Plaintiff John W. Purcell, Jr., Esquire 1719 N. Front Street Harrisburg, PA 17102-2305 For the Defendant ,-/Gail C. Erdman 635 Market Street Halifax, PA 17032 pcb P' ?s ^ • I el )WG l , SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Jessica E. Mercy, Esq ire I.D. No. 20W5 Withdrawing Attorney for Plai tij) FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff, V. GAIL ERDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV No. 09-7616 CIVIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONTOARY: Kindly withdraw my appearance on behalf of Plaintiff Farrell Plastic Surgery & Center, P.C. in the above-captioned matter. Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: July , 2012 By: _4? Jessica E. Merc ",squire ID #206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Withdrawing Attorney for Plaintiff a- i A 4 - r C_ f . N FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV V. No. 09-7616 GAIL ERDMAN, CIVIL ACTION - LAW Defendant. CERTIFICATE OF SERVICE I, Jessica E. Mercy, Esquire, attorney for the Plaintiff in the above-captioned certify that I this day served a copy of the foregoing Praecipe to Withdraw Appearance upon person(s) indicated below by depositing a copy of the same in the United States Mail, first cl postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: John W. Purcell, Jr., Esquire Peter M. Good, Esquire Purcell, Krug & Haller Caldwell & Kearns, P.C. 1719 North Front Street 3631 North Front Street Harrisburg, PA 17102 Harrisburg PA 17110-1533 Entering Attorney for Plaintiffs Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. BOX 1268 Harrisburg, PA 17108 SMIGEL, ANDERSON & SACKS, L.L.P. i Date: July t4', 2012 By: Jess a E. Merc , Esquire ID #206405 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Withdrawing Attorney for Plaintiffs John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff vs. GAIL ERDMAN Defendant ILED-OFFICE t: a T'!- - PROTHONOTARY 2012 JUL 25 AM 11: 10 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7616 CIVIL ACTION-LAW AMENDED PETITION OF JOHN W. PURCELL TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes John W. Purcell, Esquire, counsel of record for Defendant, Gai Erdman, who states the following in support of the within Petition: 1. The undersigned is counsel of record for the Defendant, Gail Erdman herein "Erdman" with an address of 635 Market Street, Halifax, PA 17032. 2. Erdman hired the undersigned to represent her in the defense in the above referenced matter. 3. The undersigned can no longer represent Erdman as a result of Erdman's Bankruptcy and financial inability to oppose the Plaintiff. 4. Erdman will experience no harm or prejudice from the undersigned being p to withdraw as counsel. 5. Both Defendant and counsel for the Plaintiff do not oppose the undersigned's withdrawal as counsel for the Defendant. 6. Judge Oler has ruled upon other issues (Preliminary Objections), and was ass the case for trial before he retired, but at the present time Judge Peck has assigned the case for trial. 7. Defendant has been advised of the consequences of the pending litigation. aned WHEREFORE, the undersigned requests this Honorable Court to enter an order in the form attached permitting the undersigned to withdraw as counsel and to Erdman to proceed pro se, or to obtain alternate counsel. PURCELL, KRUG & HALLER DATE: By: Jo IY II, Jr., Esquire 7 North Front Street arrisburg, PA 17102 (717) 234-4178 Attorney for Defendant CERTIFICATE OF SERVICE I, Carol Masich, Legal Assistant to John W. Purcell, Jr., hereby certify that a t and correct copy of the foregoing document was served upon the Plaintiff and the following, by sending a copy of the same via first class U.S. Mail to: Peter M. Good, Esquire Caldwell & Kearns 3631 North Front Street, Harrisburg, PA 17110-1533 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. Box 6991 Harrisburg, PA 17112 Gail C. Erdman 635 Market Street Halifax, PA 17032 Carol Masich, Legal Assistant to John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 Date: July 24, 2012 FARRELL PLASTIC IN THE COURT OF COMMON PLEAS OF SURGERY & LASER CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA P.C., Plaintiff V. : CIVIL ACTION - LAW GAIL ERDMAN, Defendant NO. 09-7616 CIVIL TERM IN RE: PETITION AND AMENDED PETITION OF JOHN W. PURCELL TO WITHDRAW AS COUNSEL FOR DEFENDANT ORDER OF COURT AND NOW, this 6t' day of August, 2012, upon consideration of the Petition and Amended Petition of John W. Purcell To Withdraw as Counsel for Defendant, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of the date of service. BY THE COURT, C-j rnw m ca . Christylee Leck, J. =r? f-) 1v F J Esq. Peter M. Good , >- C7 4431 North Front Street = -- Harrisburg, PA 17110-1778 Attorney for Plaintiff - ?" John W. Purcell, Jr., Esq. 1719 North Front Street Harrisburg, PA 17102-2392 Attorneys for Defendant Thomas E. Brenner, Esq. P.O. Box 6991 Harrisburg, PA 17112 Gail Erdman 635 Market Street Halifax., PA :rc 4p`, e3 *4,led fr 7/1a 41-1 r , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ?(I/yQ E; PP. 64 *0,7 FARRELL PLASTIC SURGERY &/, 't LASER CENTER, P.C., Plaintiff, V. NO. 2009-7616 CIVIL ACTION - LAW GAIL ERDMAN, Defendant ANSWER OF PLAINTIFF TO PETITION AND AMENDED PETITION OF COUNSEL TO WITHDRAW Now, comes the Plaintiff Farrell Plastic Surgery & Lasesr Center, P.C. by their attorneys who state: the plaintiff does not oppose the request by John W. Purcell to withdrawal as counsel for defendant. Respectfully Submitted, Goldberg Katzman, P.C. f? mas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for Plaintiff Peter Pal. Good, Esquire Caldwell & Kearns 35 1 N. Front Street Harrisburg, PA 17110-1533 Attorney for Plaintiff {00609348;vI) CERTIFICATE OF SERVICE I hereby certify that on this day of 2012, I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102 Attorney for De/ena'ant Gail Erdman 635 Market Street Halifax, PA 17032 GOLDBERG KATZMAN, P.C. B 'T'homas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-416 i {00609348;vI } ~ _ __ FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff v. GAIL ERDMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-7616 CIVIL TERM IN RE: PETITION AND AMENDED PETITION OF JOHN W. PURCELL TO WITHDRAW AS COUNSEL FOR DEFENDANT ORDER OF COURT AND NOW, this 30th day of August, 2012, upon petiti n of John W. Purcell, Jr., Esquire, to withdraw as counsel for the Defendant, and after a rule to show cause having been issued on he Plaintiff and Defendant to show cause why the relief should not e granted, and the Plaintiff having no objection thereto, and the Defendant having failed to answer the rule to show cause, the petition of John W. Purcell, Jr., Esquire, to withdraw as counse for the Defendant is hereby granted. By the Court, ,i Peter M. Good, Esquire Jessica E. Mercy, Esquire 3631 N. Front Street Harrisburg, PA 17110 For the Plaintiff i/ Thomas E. Brenner, Esquire 4250 Crums Mill Road P.O. Box 6991 Harrisburg, PA 17112 Co-Counsel for the Plaintiff ~-,urC C ristyl e L. Peck, J. / John W. Purcell, Jr., Esquire 1719 N. Front Street Harrisburg, PA 17102-2305 For the Defendant Gail C. Erdman 635 Market Street Halifax, PA 17032 pcb C'OP, ~S ~~,It~ 9/U/~,~ ~ ~ .~, ~ ~,3 ~~ ti -T+ ~` ~~ ~'~ ~:_ ~' fix, ~C <~ ~, ~a ~ ' ~,,~~ cx> ~ , `~ ~ r- ~ ~a ./ u FARRELL PLASTIC SURGERY IN THE COURT OF COMMON PLEAS OF & LASER CENTER, P.C., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. . CIVIL ACTION - LAW GAIL ERDMAN, Defendant No. 09-7616 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 30th day of August, 2012, the Defendant having failed to appear for trial, and the Court having held a nonjury trial in the absence of the Defendant, and the Plaintiff having presented their case in full, the Court hereby finds that the Plaintiff has proven Count 1, conversion, and Count 2, fraud, by a preponderance of the evidence and hereby enters the verdict in their favor. The Court hereby orders judgment and damages in the amount of $56,434.97. In addition, the Defendant is ordered to pay the previously ordered sanction amount of $1,000 for her failure to respond to interrogatories and production of documents after having been found in violation of the discovery rule pursuant to a previous order by Judge Ebert on September 29, 2010. By the Court, Christyle L. Peck, J. ~^" ",~, ` ~--z T~'C'y ~ = ~0 ~, ~ ~f"r CD (r3 t ...} -•: ,- f .C' ~ ,=.~ f Peter M. Good, Esquire Jessica E. Mercy, Esquire 3631 N. Front Street Harrisburg, PA 17110 For the Plaintiff t/ Thomas E. Brenner, Esquire 4250 Crums Mill Road P.O. Box 6991 Harrisburg, PA 17112 Co-Counsel for the Plaintiff John W. Purcell, Jr., Esquire 1719 N. Front Street Harrisburg, PA 17102-2305 For the Defendant Gail C. Erdman 635 Market Street Halifax, PA 17032 pcb ~~PiC'S ~a;1~d ~/~//lz. Caldwell & Kearna, P.C. 3~a31 North Front Street Harrisburg, P.'~ I?11(1 1 '_3?-66; (phone; p~~ood!iicklcgal.nct jmerc~~(acklegal.net llot~r~; ti.r %r P; _ rirzdi f { x 4 ~ t 1 j ~.. t~ , Peter M. Good, Esq. LI.~_ ~C7. ~}'~_~Ill Jessica E. Mercy, Esq. LU. No. ?~1(i~IO5 F~.~RRI~.LI. 1~L:~S'I"IC SURGERY & I._1SI~.R CI '~,f~TI~R, P.C., Plaintiff, ,~. G:~II. ERDI~~IAN, Defendant. IN "i"I-~E COLRT OF COMMON [~I.1;.AS CUMBERI_1ND COL-NTS', 1'F:'\~SYI_.~'r1NIA No. 09-7616 CI~'II_ ACTION -LAW PRAECIPE TO ENTER JUDGMENT ~I'O 1~IIi: PRO"I'HONOTARY: Pursuant to the Court's August 30, 2012 Order, kindly enter judgment in tavc7r of Plaintiff 1 carrell Plastic Surgery & Laser Center, P.C. and against Defendant Gail hrdman in the amount of S5?,-I;~4.9~ in the above-captioned matter. ~ true and correct copy of Plaintiff Farrell Plastic Burgers & Laser Center, P.C.'s Notice of latent to l~:nter Judgment as served upon Defendant Gail Erdman on October 2, 2012 is att;~ched herern and made Part of this document as Exhibit "~~." true and correct copy of this Court's August 30, 2012 Order is attached hereto and made Part of this document as Exhibit `B." C~ 5~g~~ ~~ ~a o~i ~ ~. ~t ~\l e ~ ~1~`~~~. ~~' Respectfully Submitted, CALDWFL~. & xEAR1vS ~~ `~~ ~, Marc: Ocmhe_r 1~, 2012 ~v: Peter ~I. Good,. Fsq. - ID# 64316 Jessica h.. Mere, Csq. -- ID# X16405 3631 '_~i. Front Street Harrisburg, P.1 1 ? 110 (71 ?) 232-7661 ~'lttnrney,r for Plcrintif~' GOLDBERG KATZMAN, P.C. Thomas F. Brenner, Esq. --- ID# 32085 P.O. Boy: 1268 Harrisburg, PA 17108 (717 j 234-4161 _~Itto~~rey.r fir Plaintiff 2 Caldwell & Kearns, P.C. ~~~:~i ~~,~,rln l~ro~~t >Irc_~( ~ - ~~,~ -~ ,,1 ;~~h<mc ,_ ~~ ~,- ~h~, ~~,_, nit<~~>~i~n c:l~ ~~~a1.nc1 ~rncrc~.!~i~cla:- ~~al.~,c~ ~ ;r~~ ;rr,'i! 1~.-~IZIZII,L l'L.~1~"i'i(:: SI TIZGF;RY & I_~51.IZ ~:! ~~1~I:,Ii. P.c., Plaintiff, ~-. (:~;~ 1I ERI ,,,~~,~1 N, Defendant. Peter M. Good, Esq. I.I ~. 1~~~, i,~-1.31 i~ Jessica E. Mercy, Esq. IN'I'I-[I~~ COL"RT <~h CO1v1Mt:)it 1'(,1~, Ci1MBERLAND COLiN"I:~', PI:'~\~`r'I ~'~NIA No. 09-7G1 C CIVIL., _~C':CION - L.A~V NOTICE OF INTENT TO ENTER JUDGMENT Plea<e take notice- that Plaintiff Farrell Plastic Surgery R Laser Center, P.(, ,.mends t<~ ether jud~ir~cnr ir, fa~-or of Plaintiff 1~'arrell Plastic Surger-~, & Laser Center, P.C. and against C)efendant C;ail 1 .rdrnat,; in the amount of X57,434.97 pursuant to the Court's Order dated Augi ~r 3O, ?,012. Uare: ict~ ~l~u^r ~_ 201 CALDWELL & KEARNS r;~ ," 'i '/n1 ~ ' I3y: ~~jl, rf ~ __ _ ___ Peter M. Good, Esq. -SID=+ 6~1 X16 Jessica E. Mercy, Esq. - II:)~, 206405 3631 ?~. 1~ront Street Harrisburg, PA 17110 (717; 232-7661 ;9ltnrrcy., fir ,°Iail~tf~~ GOLDBERG KATZMAN, P.C. ~1'1~omas I?. Brenner. T--',y. - 11:}-~ 320H5 P.O. Iios i26g Flarrisburg, P.'1 17108 (7?) 23~-~~161 111or»e~~ r %or l'IainLrJ% ~r ~~- ? ,~`~~d` ~~ti UN/TFDSTdTES n ,m ~ L ~POSTdLSERVKE® Certificate Of Mailing T ~ Tti~ r'~rtc ;ate cr n~a n~ ~,r~:.tle~ -~.enc? maI a~s na_ bee .-~~t~c t i -~_~~°~ rri ~ e~ir-_~ t(- `..,= r_~r~ nav br use f.-c-~mes1 ~.~ter°.o .,~ ~. `~ From ~~. ~~~~~-~~ ~ ~~g ~~ ~~~ t ~ j .~ -r -- ~ .o... ~ -_ __ ~, c ~ ~ n5 - - -- ~' `` i ifC J C~ 1 V_ PS Form 3817, April 2007 PSN 7530-02-000-9065 ~' r-- c, n ,: FARRELL PLASTIC SURGERY & LASER CENTER, P.C., Plaintiff. V . GAIL ERDMAN, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,. PENNSYLVANIA CIVIL ACTION - LAW No. 09-7616 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 30th day of August, 2012, the Defendant having failed to appear for trial, and the Court having he~Td a nor_jury trial in the absence of the Defendant, and the Plaintiff having ?resented their case in full, the Court hereby finds that the Flaintiff has proven Count 1, conversion, and Count: 2, fraud, by a preponderance of the evidence and hereby enters the ~~-erdict in their favor. The Court hereby orders judgment and damages in the amount o~ $56,434.97. In addition; the Defendant is ordered to pay the pre~:~iously ordered sanction amount. of $1;000 for her failure to respond to interrogatorie~~ and production of documents after having been found in violation of the discovery rule pursuant to z3 previous order by Judge Ebert on September 29, 2010. By the Court, ...,, ~ r- ~ ~~ Christyle L. Peck, J. ~'~ ~. ,,~, < c7 v c~ ~ c~ -x~ . C y --C ~ .~" O ~ -~ Peter M. Good, Esquire Jessica E. Mercy, Esquire 3631 N. Front Street Harrisburg, PA 17110 For the Plaintiff Thomas P.. Brenner, Esquire 4250 Crums Mill Road P.C. Box: 6991 Harrisburg, PA 17112 Co-Counsel for the Plaintiff John W. Purcell, Jr., Esquire 1719 N. Front Street Harrisburg, PA 17102-2305 For the Defendant c;ail C. Erdman 635 Market Street Halifax, PA 17032 pcb f~_~RRELL I'L.~STIC~ SURGERY & L.~SF,R Ci=.LATER, P.C., Plaintiff, C~;1ll. C~.RI~~I,1N, IN "I'HE COLRT OF CQMMON PI.1.~1S CU~IBEIZI.AND COL'N7~', I'F:NNSy'l.:`',~1NIA No. 09-761( CIVIL r1f:TION - T r1W llefendant. CERTIFICATE OF SERVICE I, Pccer :~'I. Good, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certift that I this day served a true and correct copy of the foregoing Praeci~e to Enter ~ud~ment upon the person(s) indicated below by depositing a copy of the same in the 1.'nited ;Mates Mail, posragc prepaid at Harrisburg, Pennsyltirania, and addressed as follows: Gail Erdman 635 1~~Iarket Street Halifax, P~1 17032 Thomas E. Brenner, Es9uixe Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PIS 1,'108 CALDWELL & S ,~~,~ f Date: October 10, 2012 By: ` ~ _ _~ Peter M. Good, sq. - ID# 64316 Jessica F. Mercy, Esq. - ID# 206407 3631 N. Front Street Harrisburg, PA 17110 (717) 232-7661 ~/torney.r ~or P/ainlif f F;~RRI~.I,I. 1'L.~S"1'iC SURGERY & Plaintiff, ~-. G:~ II, I ~.RI):~rI.~N, Defendant. TO: Gail Erdman 635 Market Street Halifax, PA 17032 IN THE COURT OF COl~IMON~ PLI-:~1S CUMBERLr1ND COUNTY, PENiti~S~T.VANLf1 No. 09-?6l 6 CIVIL 1~CTION - LAW NOTICE Pro Se Defendant YOi~ :ARE HEREBY NOTIFIED TH~'T ON ~~ ~~ ~ _, 't'HF [~O1~1.0~~'ING JCDG~ff:N]' I I~~S BBI?N ENTF,RED r~(~AINST YOC' IN THE r1BOVE-CAPTIONED C_ ~1.SF: ~~ ) ~ ~DG~IENT IN THE .~NiOUNT OF $57,434.97 PLUS IN"I`ERI~:S'C ~T THEE SZ~~~"I'[ ~"hOR~' R11TE FROM THE D~~,TE OF THE JUDO' TENT. D:~11.: Prothonotare ~--------- [ hereby certih~ that the name and address of the proper persons to receive this norsce are: Gail Erdman 635 Market Street Halifax, PA 17032 Pro Se Defendant Respectfully Submitted, Datc: C)ctobcr 10, 2012 CALDWELL & S n ~ ;/ ~ ~ ~ ~ '~~~ I3v: _ Peter ~~1. Good, E,,g. - ID# 64316 Jessica E. Mercy, Esq. - ID~~ 2064(?5 3631 N. Front Street Harrisburg, PA 17110 (717) 232-7661 flltor~zcy.r_~or Plair~tif~~ GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esq. - IT~> ~ 32085 P.U. Box 1268 Harrisburg, P.°1 1?108 (71 ?) 234-4161 /Ittortzey.r for Pl'ainti~f