HomeMy WebLinkAbout11-8992
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
11:101,111V Qt &,t,bee, 111?
FILED-OFFICE
OF THE PROTHONOTAR"(
2017 JAN -6 AM 8: 50
CUMBERLAND COUNTY
PENNSYLVANIA
David R. Tabb
Case Number
VS.
Quantum Imaging & Theraputic Associates, Inc. 2011-8992
SHERIFF'S RETURN OF SERVICE
12/15/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Quantum Imaging & Theraputic Associates, Inc., but
was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County,
Pennsylvania to serve the within Complaint and Notice according to law.
12/21/2011 08:34 AM - York County Return: And now December 21, 2011 at 0834 hours I, Richard P. Keuerleber,
Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Quantum Imaging & Theraputic
Associates, Inc. by making known unto Lauren Miller, Administrative Assistant for Quantum Imaging &
Theraputic Associates, Inc. at 629-D Louther Road, Lewisberry, Pennsylvania 17339 its contents and at
the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.00
January 03, 2012
SO ANSWERS, RON R ANDERSON, SHERIFF
1 ccanty5IIt r^gtY_ E - ,c i. Irv;.
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber
Sheriff
Reuben B Zeager
Chief Deputy, Operations
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
DAVID R. TABB Case Number
vs. 2011-8992
QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC.
SHERIFF'S RETURN OF SERVICE
12/21/2011 08:34 AM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE LAUREN MILLER, ADMINASTRATIVE ASSISTANT, WHO
ACCEPTED AS "ADULT PERSON IN CHARGE" FOR QUANTUM IMAGING & THERAPEUTIC
ASSOCIATES, INC. AT 629-D LOWTHER ROAD, LEWISBERRY, PA 17339.
MICHAEL NOVAN, DEPUTY
SHERIFF COST: $45.20
December 28, 2011
RS,
SO A
ft?
RICHARD P K UERLEBER, SHERIFF
- - - -- --- --- -- -- - - - - - - - -
NOTARY
Affirmed and subscribed to before me this
28TH day of DECEMBER 2011
iCi i;ountvSAF 5qFrin. Teter,_cft Inc V LISA L. THORPE, NCTI=.RY Ply LAC
MM L V
CITY OF YORK, YORK CCNTY
MY CONIMISSiON EXPIRES AUGry 12,201 3
DAVID R. TABB,
_ ?r?? ° ??-? Ire
IN THE COURT OF COMMON PLEAS OF °0 TAr
CUMBERLAND COUNTY, PENNSYLVANIR,I? UR t 7 ?i " 8: 20
,EE [[??F _
U
^11BE-IlL AI~ U C0 U N T PE%,NSYLV>< NIA
Plaintiff
V.
QUANTUM IMAGING & THERAPEUTIC
ASSOCIATES, INC.,
Defendant
No. 2011-8992
CIVIL ACTION
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. The Agreement to which this paragraph refers is a document which speaks for
itself. To the extent an answer is necessary, the agreement does contain an Addendum `A'
entitled "Employee Class 1, Deferred Compensation."
5. Denied. The Agreement to which this paragraph refers is a document which speaks for
itself.
6. Denied. The Agreement to which this paragraph refers is a document which speaks for
itself.
7. Admitted.
8. Admitted.
9. Admitted.
{00586265;vl}
10. Denied. The allegation is a conclusion of law to which no response is necessary. To the
extent a response is necessary, the plaintiff is not entitled to deferred compensation and
proof thereof is demanded.
11. Denied. The allegation is a conclusion of law to which no response is necessary. To the
extent a. response is necessary, the plaintiff is not entitled to deferred compensation and
proof thereof is demanded.
12. Denied. Defendant is without sufficient information to form an answer as to the truth of
the matter alleged and proof thereof is demanded.
13. Denied. Defendant denies that Plaintiff is entitled to deferred compensation and proof
thereof is demanded. Defendant admits that it has not paid any deferred compensation to
Plaintiff.
14. Denied. The allegation is a conclusion of law to which no response is necessary. To the
extent a response is required, the allegation is denied.
15. Admitted in part and denied in part. Defendant admits that. Plaintiff provided radiology
services on behalf of the Defendant from December 12, 2007 through March 15, 2008.
The remaining allegations are denied and proof thereof is demanded.
16. Denied. The allegation is a conclusion of law to which no response is necessary. To the
extent a response is required, the allegation is denied and proof thereof is demanded.
NEW MATTER
1. On or about October 25, 2001, Plaintiff executed an employment agreement with Quantum.
The 2001 employment agreement was supported by adequate consideration and contained
reasonable post-employment restrictions which protect the legitimate business interests of
Quantum. (See Exhibit "A" to Plaintiffs Complaint).
{00586265;vl }
2. Plaintiff benefitted from the substantial goodwill built up by Quantum with its accounts.
3. Plaintiff's employment agreement contains a restrictive covenant provision set forth in
Section 7. (See Exhibit "A" to Plaintiff's Complaint).
4. Section 7 provides, inter alia, that if the Plaintiff violates the restrictive covenant
provisions, then he shall forfeit any deferred compensation pursuant to Addendum A.
5. In 2007, Plaintiff conspired with Gregory A. Fortier, M.D., Bruce P. Gilarsky, M.D.,
Howard D. Goldberg, M.D., Robert F. Kehm, M.D., Erich Kim, M.D., Desiree Lerro, D.O.,
Sukumar Puvvala, M.D., James A. Robinson, M.D., Amit Shah, M.D., Cindy Shi, M.D.,
Paul S. Singer, M.D., Joanne M. Trapeni, D.O., Michael R. Watson, M.D., Gerald
Waganspack, Heidi Beilis, M.D., Reena Pramanik, D.O., Sherif Yacoub, M.D. and
WellSpan Health to form their own independent radiology group that would provide
radiology services to WellSpan Health or to become employed with WellSpan Health in
wanton breach of the restrictive covenant provisions of his Agreement with Quantum.
6. During the first two weeks of December 2007, Plaintiff, along with seventeen other
radiologists from Quantum, negotiated terms of employment with WellSpan Health and
indemnification agreements with WellSpan Health in violation of the restrictive covenant
provisions in his employment agreement with Quantum.
7. On December 12, 2007, Plaintiff along with seventeen (17) other radiologists from
Quantum, tendered their collective resignations stating that they planned to provide
radiology services to WellSpan Health in violation of the restrictive covenant provisions in
his employment agreement with Quantum. (See letter dated December 12, 2007, attached
hereto as Exhibit "I").
{00586265;vII
8. Plaintiff signed an employment agreement with WellSpan on December 14, 2007 in clear
violation of the restrictive covenant provisions in his employment agreement with
Quantum. (Attached hereto as Exhibit "2")
9. Plaintiff breached his fiduciary duties as a shareholder to Quantum by, inter alia, secretly
maneuvering to remove Quantum's Board of Directors and failing to inform Quantum's
Board and shareholders of the negotiations between WellSpan Health and he and
seventeen (17) other Quantum radiologists to form their own independent radiology group
that would provide radiology services to Well Span Health or to become employed with
WellSpan Health.
10. On December 26, 2007, Plaintiff, along with seventeen (17) other Quantum radiologists,
filed a lawsuit in the nature of a Declaratory Judgment action against Quantum docketed at
2007-SU-5039-Y01 in the Court of Common Pleas of York County. Such pleading is
incorporated herein by reference.
11. Plaintiff's Complaint fails to state claims upon which relief can be granted.
12. Plaintiffs claims are barred or limited as a matter of law.
13. Plaintiff s claims are barred or limited by Plaintiff s material breaches of the employment
agreement attached as Exhibit "A" to his complaint.
14. Plaintiff s claims are barred in whole or in part, by Plaintiff's own contractual breaches and
failure to perform his duties and obligations.
15. Plaintiff s damages, if any, are set off in whole or in part, by Plaintiff s material breaches
of the employment agreement attached as Exhibit "A" to his complaint.
16. Plaintiff s damages, if any, are set off in whole or in part, by Plaintiff s own contractual
breaches, conspiracy, and failure to perform his duties and obligations.
100586265;vl )
WHEREFORE, Quantum respectfully requests that judgment be entered in its favor and
against Plaintiff and that the Defendant be awarded costs, attorneys fees, and such other relief
that this court deems just and equitable.
By: Z:::? 4
Attorney # 66255
4250 Crums Mill Road, Suite 301
P.O. Box 6991
Harrisburg, PA 17112
Attorney for Quantum Imaging &
Dated: Therapeutic Associates, Inc.
Z
Respectfully Submitted:
GOLDB K M , P.C.
ichael J. Cr cenzi, Esquire
{00586265;vl )
I, Elizabeth Bergey, M.D., on behalf of Quantum Imaging & Therapeutic Associates,
Inc. hereby acknowledge that I have read the foregoing ANSWER WITH NEW MATTER, and
that the facts stated therein are true and correct to the best of my knowledge, information and
belief.
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
By: '" -
ELIZABETH BERGEY, M.D
For Quantum Imaging & Th rapeutic Associates, Inc.
Date: ;2
{00587233;vl }
EXrlbit 1
LEXHIBIT
From: Till/Howard Goldberg <hdgoldberg@comcast.net> ZSent: Wednesday, December 12, 2007 7:00 PM r To; causlin@paonline.com; brineli@comcast.net; hbronfman@mac.com;
drbbrad@comcast.net; gsdurisek cr aol.cam; rayjock@comcast.net; gfortierl @aol.com;
bgilarsky@comcast.net; rcgil2@yahoo.com; neeti.goel@comcast.net;
hdgoldberg@comcast.net; alysonandjay@werizon.net; dgouldy@comcast.net;
lahaidet@paonline.com; bwhphdmd@comcast.riet; ayvj@aol.com; kapdes@yahoo.com;
kehmfam@hughes.net; erich.kim@verizon.net; raydoc@hotmaii.com;
licatapaul@hotmail.com; nmalcolm@comcast.nM dmartingmd@gmail.com;
bmcintoy@wmcast.net; rpmoser2002@yahoo.com; esnajem(a hotmail.com;
pspotok@vzw.blackberry.net; psuk3@yahoo.eom; oscardoc@aol.com;
abshahtn@yahoo.com; eshi55@comcast.net; pingnger@comcast.net;
rpjastewart@aot.com; mndytabb@comeast.net; jetrap8l6@.aol.com; gmaggen@gte,net,
mwatsonl980@aol.com; tpietras@gita.com; fillyrad@comcast.net
Subject: NOTICE TO SHAREHOLDERS
December 12, 2007
Dear Dr. Bergey and Quantum Board of Directors:
This letter is to provide Quantum Imaging and Therapeutic Associates ("Quantum°) with written notice
of the Quantum Southern Division physicians' unified intent to resign our employment with Quantum, effective
March 15, 2008. Said physicians of the Southern Division will be sending a separate notice under separate
cover. We are writing this letter to explain our Division's decision to separate from Quantum's Northern
Division.
Efforts to obtain governance autonomy for each Division
For many years Quantum has enjoyed considerable cash flow from Wellspan York Hospital for the
diagnostic radiology,-interventional radiology, and radiation oncology services provided at York Hospital, York
Cancer Center, Cherry Tree Cancer Center, MRT of York and the Womens & Imaging Center. Over the past
several years, the physicians that make up the Southern Division have developed a close relationship with the
administration of York Hospital, the York Hospital Medical Staff and the patients for whom we provide care to
in York County,
Since Quantum's inception, there have always been cultural and philosophical differences with regard to
medical practice and compliance which have been an impediment to finding common ground on vision and
purpose.
In September 2007, the President of Quantum addressed the Southern shareholdership and stated that
she and accounting had been looking at a profit center model for several months. We were told at this meeting
to submit a proposal to the Quantum shareholders. We did so in writing in October and November,
In October and November of 2007, we submitted written proposals to the shareholders of Quantum
outlining a concept which would provide each Division (the Northern and Southern) with a certain amount of
052808 TABB-000142
autonomy regarding practice management and governance. In such a design, members of each Division could
address their own local problems and the Southern Division physicians could deal with issues such as
negotiating a written Professional Services Agreement with Well span York Hospital. Apparently, there was no
consideration regarding this proposal. At the next Board of Directors meeting, the President stated that "you are
.either in Quantum or out". At the November 15, 2007 special shareholder meeting, Mr. Kalogredis, Mr.
VanBlargan and Mr. Ausman were authorized by a vote of the shareholders to devise various corporate
restructuring plans that would allow Quantum to remain intact with automomous Northern and Southern
Divisions. Should this not be feasible, they`were instructed to outline a plan that would effect a de-merger of
Quantum. To date, we have not seen a bona fide effort by the Northern Division to offer any proposal for
Quantum restructuring.
Restriction of Service Notice to Wellspan Health
It was embarrassing and disappointing to the shareholders of the Southern Division to have Quantum
send a letter to Wellspan York Hospital with only thirty (30) days advance notice, informing Wellspan York
Hospital that Quantum will not be providing the customary full range of diagnostic radiology, interventional
radiology, and radiation oncology coverage to Wellspan York Hospital after December 31, 2007 (New Year's
Eve). Quantum has been providing these services to Wellspan York Hospital since 1997. The timing of the
Board of Directors meeting (when it was known that Dr. Trapeni and Dr. Goldberg were both out of town), the
shortness of the notice period, and the knowledge that the Southern Division shareholders clearly did not
believe this was the most appropriate way to deal with Wellspan York Hospital, exhibited an alarming disregard
of for the professional interests of the minority shareholders that make up the Southern Division of Quantum.
The letter sent shock waves through the Hospital Administration and through the Quantum Southern
Division shareholders. Following, discussions between WellSpan York Hospital and the Southern Division
physicians who serve as leaders of the York Hospital Imaging and.Radiation Oncology Department regarding
steps the Hospital needed to take to ensure adequate professignal radiology coverage, the Southern Division
physicians reassured the Administration that individually and as a group we would not abandon the Hospital, its
medical staff, or our-patients on January 1, 2008. Our commitment to serve the needs of our York County
patients is paramount and we consider Quantum's decision to risk patient services for the sake of business
negotiations to be unethical. It is simply not reasonable for Quantum to expect that Wellspan York Hospital
will be able to locate, arrange for, and properly credential the full range of necessary on-call diagnostic
radiology and radiation oncology services that it will need to safely care for patients in thirty days. It is
particularly difficult to make arrangements for such a drastic change in the radiology services agreement over
the Christmas to New Year holiday period. This abrupt approach has also put added pressure on the Chair and
Co-Chair of the York Hospital Diagnostic Radiology and Radiology Oncology Departments, who have
significant responsibilities to the Medical Staff and the Hospital to make arrangements for the required services.
We consider your November 15, 2007 letter (delivered'on November 30, 2007) to be, not only in poor
taste, but unprofessional as well. The letter makes it obvious to Wellspan York Hospital and to the Southern
Division shareholders of Quantum that our corporation does not consider the relationship to be as important as
the "Harrisburg area health systems" and that there is no interest in a long term relationship.
The significant limitation to the professional services that Quantum will provide to Wellspan York
Hospital puts us in the untenable position of having to choose between unreasonable directions from our
Employer on the one hand, and our medical staff obligations and fiduciary responsibilities to the Hospital and
our patients (whom we have serviced for years), on the other hand. The message that we have received is that
Wellspan York Hospital does not fit into Quantum's business plan and there is no reason for the Southern
Division to remain a part of Quantum. We can no longer in good conscience remain employed by Quantum.
This appears to be an appropriate time to separate our practice from Quantum.
Transition Plan
062808-TAB B-000143
The Southern Division does not intend to abandon Wellspan York Hospital and (most importantly) our
patients. While we have provided Quantum with the contractually required ninety (90) notice, if it is acceptable
to Quantum, we would be willing to terminate our employment December 31, 2007, so that we may provide the
full scope of diagnostic radiology, interventional radiology, and radiation oncology services to Wellspan York
Hospital.
If the Quantum board of directors would like the Southern Division shareholders to work our full
ninety days, we would like the board to reconsider its position and agree to allow the continuation of full
services to Wellspan York Hospital up to March 15, 2008. This would allow fora smooth transition between
the services now provided by Quantum and the Southern Division to the services that we intend.to provide to
Wellspaa York Hospital following the date of the terminadoo of our employment.
Please advise us what, if anything, it will cost to purchase the required reporting endorsements to our
malpractice insurance.
Sincerely,
The Southern Division Shareholders QITA
052808 TABB-000144
EXh?bit 2
PHYSICIAN EMPLOYMENT LETTtnR OF AGREEMENT
December 14, 2007 tl
Dear Dr. tw p
This letter describes the terms and conditions of your employment by WellSpan Medical Group (WMG)• if
you choose to continue your WMG employment beyond* the initial term, WMG may request that you enter
into a more definitive employment agreement, and will provide you with an advance copy for your review,
1. YVMS desires to employ you for the charitable purpose of ensuring the continued availability of the full
range of diagnostic, interventional and therapeutic radiology professional services in the WelSpan
service region (which specifically includes York and Adams Counties, Pennsylvania).
2. Your WMG employment will begin immediately upon the effective date of termination of your
employment with Quantum Imaging and 'therapeutic Associates, Inc. The initial term of your WMG
employment will run for one year. At the and of the initial term. your employment will automatically
continue until terminated in one of the ways that are described below.
At any time during your employment under this letter, you may voluntarily and the employment
relationship. Mftut cause. by providing 30 days' advance written notice to WMG. However, because
this short notice requirement'could potentially result in the unavailability of radiology professional services
in the WellSpan service region, you must be willing to continue providing radiology professional services
to patients In the WellSpan service region for at least 60 days after you vofunladly end your employment,
If requested by WMG. It you are unable to comply with this 60 days' continued service requirement, you
must instead give 90 days' advance written notice of your decision to voluntarily end the employment
relationship, to ensure a smooth transltion and continuity of care for our patients.
At any time during your employment under this letter. WMG may also voluntarily end the employment
relationship, without cause, by providing you with 90 days' advance written notice.
At any time during your employment under this letter, either you or WMG may terminate The employment
relationship it the other party violates their obilgalions, is put on notice of the violation, and fails to correct
the violation in a timely manner.
In addition, there are a few circumstances in which WMG may immediately terminate.your employment,
such as if your Pennsylvania medical license or DEA certificate are revoked or suspended, you lose your
hospital medfcaf staff clinical privueges for more ttran 10 days, you are excluded from the Medicare or
Medicaid programs, you are con*Aed or ptead guilty cc 'no contest' W a felony or a crime involving moral
turpitude, or you engage in material misconduct or gross professional negligence or dereliction of duties.
If you become aware of any change in your physical or mental health status that may affect your ability to
perform your essential job duties In a safe and competent manner, or that may require WMG to provide
you with reasonable accommodation, you agree to promptly notify the WMG Executive Director.
3: In cooperation with you. WMG will prepare a description of the professional services you are expected
io provide, including ft location and schedule of those services. Your duties will include providing
radiology professional services at designated inpatient and outpatient facilities in the WellSpan service
region at which radiology services are offerer} by WellSpan Health and its aftitiated entities.
CONFIDENTIAL W0000176
December 14, 2007
The manner and method by which you provide professional 'services to patients under your care Will be
within your medical'judgment. You will be required to provide your professional services in compliance
with applicable laws, regulations, rules, and standards of ethics.
You agree to provide services to all patients without discrimination based on gender, race, age, color,
national origin, religious creed, ancestry, sexual orientation, disability, payer status, ability to pay, or any
other legally protected category.
To make certain that WMG has adequate staff available to meet the radiology needs of patients, you
agree to provide your professional services only on behalf of WMG during your employment, unIM you
obtain prior consent from WMG.
4. During the initial term of your employment. WMG will pay you an annual salary (prorated if you work
less than a full year), which we believe Is fair and competitive within the radiology professional provider
marketplace. During the initial term of your emplbyrnent, your annual salary will be equal to the
compensation that you were paid by Quantum Imaging and Therapeutic Associates, Inc., during the most
recent twelve month period. In cooperation with you. WMG will specify that amount in a written
attachment to this letter, which will be provided to you for your review and approval.
fr you choose to continue your employment beyond the Initial term. WMG will develop an alternative
compensation methodology, in consultagon with you and in consideration of 'best practices' within the
radiology profession, and will provide you with an advance copy for your review.
You will be paid every two weeks, and WMG vAll deduct federal, state and other withhotding taxes, social
security and other sums required by law.
You will receive WMG's standard employee benefit package. *A copy of the current package Is attached.
This package includes scheduled time off, continuing medical education, health insurance, disability
insurance, life insurance, retirement benefits, and professional liability Insurance coverage (including 'tail`
coverage, if needed, after you end employment).
You will be provided with facilities, furnishings, equipment, instruments, supplies, and clinical and clerical
support staff as needed for you to provide your professional services.
Witte your reasonable cooperation and assistance, WMG wig be responsible for contracting with third
party payors, and for billing and collecting all fees for your professional services. All fees collected will be
the sole property of WMG.
5. When your WMG employment ends, you agree to keep confidential any of WMG's proprietary and
confidential information.
All original medical records and files from your professional services witi belong to WMG, but you wilt be
peralled to access these records if you need them, such as for medical care or legal defense purposes.
B. If any disagreements arise between us, you and WMG agree that we will make our best efforts to work
out a negotiated solution. If we are unable to reach a negotiated solution, any disputes may be brought
before the courts only in York County, Pennsylvania.
2
CONFIDENTIAL W0000177
December 14, 2007
if these terms and conditions are acceptable to you. please indicate your agreement by signing below and
returning a signed copy of this letter to me. We look forward to a successful working relationship with
you.
Sincerely,
Thomas R. McGann, M.D.
Executive Director
WellSpan Medical Group
ACCEPTANCE
iployment described In this letter.
gdnV1214071my docs/radiologist emproymeni lever or agreemenl.doc
CONFIDENTIAL W0000178
d d V V V
d V
w '^ d M 0-0 n G m J
O{
41
N
:n p 9 p A
V o +? N C
U mac- ooc
cs. 0 d
m? of
s a?
au a=
N
G Gm i p
? w G
Q ? 9
Ao
d? Mvw
=
[yam. to
C' C O r G
c
v
o+ a
12-
O
Q
ts] LO
lY
V V
], N N
u A m fl, m
y
a Q v Qo
v o. ,?, v
.o Gs.S£
V
N ?
A Q 4
Q
W O ? d
M y mw ?
Oa --.. G
c = 3 i
0 " p
•° A t
ism a
O
O ? j G
d c
a
JS
_ o
o ° ? C
N K
1 ti?
V N?
a
o?
a
0
• ? d v
v y
a G
lc9l
0
N
' .b G
V
N A
R
C
r ?
1 W
in
N V
V O
m r ? ? E
4D v' C, '0
.t G o O `?, t7 G t A
Q .5e
a " d° .. g C) es w w u fi
"t' n "O M u v pp ? ? ? crE? cM.,, y ? a
t'l
Vy CpJ 6t n p "? a t O b} ?i
?fJ?v Q?aA?r ei G? 3.?„C?r
ow i
ri' O J N 7 A p u?i 7' G
?QQ g A cQO ? N ? C7 ? ? a, ? °?' r. o .? ? o Zµ 'Gs
O Y1 E t .O ... ? G q ? W O q .+ ? es r' 'T
C -.
C? NO6? a4 id???
.,p 9 G A
? M M G W?? Vt N N ? N? d ? C '? ? .7q? V a`?A
O at i o 0 i N ,7i ,?? ?'oop kq?.0
?+ "' C a O ".. AJ y. C6 P p
-00.0
N ? •• v
C
vy J y 4 _ ?
a v. rs = w G •- uJ
0
M
1?.
CpNv:jQEt4TtAL
°
S
7 y. ?n O, O. 7
N
O C V
ei }
Mm b a R
C.- d
N
0 C ?z
O Ai " vJ
s C ro p
A } Yx
n
R-
=E Jc
? ,
y C
o C
o v y •o
d Np,
? -5 - CL
w dye
;r. ea y v
C ` o 'i
0.y X
C ." q ra yL d v
b* 4 O 'O i
7i
CL
n
O?
,y
O c i
.0.p it: CL
V w v " d Z1
z C
W q
1 z e ro y
3 ? z -0 ate..
[+C ` `
=3 M m O -V O O p- o
CLX
p a E E w C ' c y
r y C ZI d X G q .1 C C n
r d d
4 0 = ?' C w °' 2 °i 0 O y ? C
V c6 :2 .-a g asg > m
?
?i 'ra ' = a2 qj°awq
uC u°A ?` ro
< i ub ``O a
00
d= d W d
u D_ d d
u w r !. U
.
? w
n w r?M w V•Q- uw .pi
a
m
a
p ;a
N `
U
_v q y? cV
? p r1
o
wa.. C C O V
= E C = C C C Q E
co
X
?
a aka w a c cV
E
Ems =
moo EF-c
as t
=
?
p
o
A 47
o"a
R C
?
C N C
O
l
V=
t
a C 3
Q.
•
CL C° p? G
`
Aa
C LI
.a m
O W O V N d
C ?
p
G
d G 6'
v v° a
...] a a ?'? a E
?
W
t u C
a`? C V o
N u c A b °
•.
R r?
a
a
c •C y Q -0
rC
v c .?- u ?`?FF N Zs ?•
4r c yak a
,?
C
'60 - ?. } 7 v r- O of
O a
V V d G iL,! C r$ .a
bb } 3 C ?" :v 'O N
C
Z
r to
ki -a C
n
0
v
0 i
v
O v
d O y
..
., a =C
0 4 9' A rw U y E
ti
°? C
O- c dN
d A 'G n? m dN
A
C Q' a T G u
W w ?y "r'U?
a
~ >
O E .
O O0. ```?, ee m V'
O. #O L
.2 E
aJ ?
d ?. L rp O
d
C -a cu
4 C ?^ N C R C
A
? C G C L? t W y O' b Lt3
A A ,C «d. C Q V
h
,Q•
a a?
vJ C t
°i a
O, N y p' O -
. p?
' A 3 Sd ` ti a
'^ '^ C d °-1 v as C C
'9 v O u?• a Cs. G a :?
V)
LLJ L
. U O O
V W
° .
yy O-0 d c
j V °.
a 'Q 1-- p'o as 7
A y c d X
Q ?-
??d C
o C
ca C m 'S
.ad -0uy?Q v ?
E .O.r
a a; p:. A ap
v-1b
A V V
& .
E °a° 3
t 60 y T f' fC 9 cE
W .? v vLy vd `^d?V
x 7 a..I 7 r .?: O .C N
y
d
C V R
N
? O
tW
C
?
?
3 m .O Q7 W
? O -0 C h ? y, l!
b N
C-?J O CC/ d c .
; y
yY1 •`.!' 61
?^a -
y
t7 U " d E d ?i d 4.
C
7 f.4 U
p
d q n
V D J
9 F N'
p
° /L6 ?G.
w. C .
y ro C N
G -
3: A 'w .L p
91 'V
C n 54 `
O a p ?}p?J{ .D Z t
a
L m J
N N g N q
1
r
vy C 7•
ELp CL .
y
a} y ?' ?J 91
O.?~i?J$ A.,g?O.o E
cV i(
V
y_
¢aw'9
CA°? UC?
y "0,0
Y a
pia C aJ O C
Z C a A
O- aTU 0o`°?
G 7 b O ti ?.- R> U
v •^- ri ri 't
1 m u v
cL 10 > ro b
O O? `°^ .rO O
S U C
d Q M Q O W O C p? Vl U
.
?s
=
U-
m v t. o. v a a_=
?.i Q F
V
w
d n v
U
Vf
v G
w N
V y
? d C
N
L O
.
.. q L2
u
w o ° w` ? ova w ?.ca` vb Cm
ul M. y a E ?'n n 3 0
N
V
V
0
O
r
w
a G
ry 0
A G
'O v
w b
d ar
Q rS
a?
ad
v
o
p
o c
A
R _Q
E ?
wE
C °
? a
N r
o?
C
b `
a
O? a
:? C O
C G m
p
V A r
C
gyc
d a,
b
Ca N
?J a O
C ? O
O ,_ h
t ? Y
o .* O
? N 5.3
a d
-d:
Z
L
~aQ
C: •C N
d V ar
F =
?a a
O
c ?
c °
N ?
.?. O V
L R Oo
2L0''O
o
F- a[ u
h
Q
CONFIDENTIAL W0000180
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon
the person and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail,
at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows:
David Fitzsimmons, Esquire
10 E. High Street
Carlisle, PA 17013
(Plaintiff's Counsel)
By:
GOLDBERG KATZ--N4AN, P.C.
Michael J(Crocenzi, Esquk,
4250 Crums Mill Road, Ste.
P.O. Box 6991
Harrisburg, PA 17112
(717) 234-4161
Attorney I.D. #66255
Attorneys for Defendant
{00586265;v1}