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HomeMy WebLinkAbout04-4862MICHAEL SPAEDER, Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMILY PHYSICIAN ASSOC., INC. OF NEW CUMBERLAND, Defendant. :CIVIL ACTION -LAW 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 appeazance 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 maybe 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717)232-7536 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 tomaz accion dentro de los proximos veinte (20) dias despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una compazecencia 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 tomaz accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamation 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 a 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717)232-7536 MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOC., INC. OF NEW CUMBERLAND, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA 1..,. l (~ ~ ~~~ CIVIL ACTION--LAW COMPLAINT AND NOW, comes the PLAINTIFF, Michael G. Spaeder, by and through his Attorneys, Robinson & Geraldo, and Gerald S. Robinson, Esquire, and files this COMPLAINT, and in support thereof states as follows: Plaintiff, Michael G. Spaeder, P.A.-C., is an adult individual residing at 409 Ethan Allen Drive, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant, Family Physician Association, Inc. of New Cumberland, is a Professional Corporation registered in the Commonwealth of Pennsylvania, with a principal place of business at 1900 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff began employment with Defendant on or about October 2, 2000, under the rules and requirements of the Defendant's employment agreement at a salary of sixty eight thousand dollars ($68,000.00) per year. A copy of the Employment agreement is attached hereto and incorporated as "Exhibit A." 4. Pazagraphs 10(c) and (e) of the agreement provide that "if Physician Assistant directly or indirectly competes with Corporation while under this agreement; Physician Assistant shall be expelled ... with at least ten (10) days prior written notice." Pazagraph 11(c) of the employment agreement provides that "[t]his Agreement maybe terminated, with or without cause, by Corporation upon at least sixty (60) days written notice to Physician Assistant. 6. Under regulation from the State Board of Medicine, the Bureau of Professional and Occupational Affairs ("BPOA") requires that a physician assistant must have a supervising physician and aback-up supervising physician for when the supervising physician is unavailable. 7. Plaintiff's supervising physician was G. Robert Little, M.D. Plaintiffls back-up supervising physician was Jeffrey J. Dunkleberger, D.O. 9. Beginning in January of 2004 and continuing thereafter, Dr. Little discussed his plans for retirement in the summer of 2004 with the Plaintiff and others within the office. 10. In February of 2004, Dr. Little offered the Plaintiff letters of recommendation for future jobs. 11. Plaintiff informed Dr. Little that he would continue to work for the Defendant up until the time Dr. Little retired. 12. On or azound February 26, 2004, Dr. Dunkleberger insisted upon being removed as Plaintiff's back-up supervising physician due to differences between Plaintiff and the Doctor. 13. On Mazch 7, 2004, Defendant placed an advertisement in the Patriot News seeking a physician assistant. 14. On Mazch 7, 2004, the Defendant gave Plaintiff a letter of Termination alleging that Plaintiffhad "announced to current patients of Family Physician Associations of New Cumberland...intention to leave...employment with the corporation," and that he "made misstatements and misrepresentations to them about the Corporation, and...solicited those patients in an attempt to encourage them to follow." A copy of the Termination Notice is attached hereto and incorporated as "Exhibit A." 15. Plaintiff was terminated involuntarily under pazagraph 10(c) of the Employment Agreement and was compensated through March 17, 2004. 16. Plaintiff had made no misstatements or misrepresentations about the Corporation to clients nor did he solicit them to follow him. 17. Plaintiff did advise patients that Dr. Little was planning to retire and that Plaintiff would stay with the Corporation until such time. 18. Plaintiff was fired from the Corporation by no fault of his own, but due to the lack of supervision available but mandatory under the regulations of the State Board of Medicine. 19. No fault, or without cause termination requires "at least sixty (60) days written notice to Physician Assistant" and sixty days compensation under paragraph 11(c) of the employment agreement. 20. Plaintiff received only ten (10) days written notice and ten days compensation. 21. Plaintiff should have received approximately $8,383.50 in compensation from Mazch 7, 2004 through May 7, 2004 for the sixty days to which he was entitled under paragraph 11(c) of the employment agreement. 22. Plaintiff is entitled to approximately $6,893.10 for compensation throughMay 7, 2004 in addition to the monies paid by Defendant for compensation through Mazch 17, 2004. 4 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendants, for costs in the sum of SIX THOUSAND EIGHT HUNDRED NINETY THREE DOLLARS and 10/100 ($6,893.10) with interest from May 7, 2004; for costs of this action; and for such other and further relief as the Court deems just and proper. Respectfully submitted: & GERALDO Date: ~~ ~ `"I ~~ G ald S. Robinson, Esquire Attorney LD. No. 27432 4407 North Front Street Post Office Box 5320 Harrisburg, Pennsylvania 17110 (717)232-8525 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ..-,~ .~, Michael G. Spaeder CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 25th day of September, 2004, I caused a true and correct copy of the Complaint to be served upon the following individuals by Certified Mail -Restricted Delivery by depositing same in the United States, postage prepaid, in Harrisburg Pennsylvania. Family Physician Association, Inc. of New Cumberland 1900 Bridge Street New Cumberland, PA 17070 Respectfully submitted, ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney LD. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 October 02, 2000 EMPLOYMENT AGREEMENT THIS AGREEMENT, made this day of , 2000, by and between FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, a Pennsylvania Professional Corporation, with its place of business at 1900 Bridge Street, New Cumberland, Pennsylvania (hereinafter referred to as "Corporation"), AND MICHAEL G. SPAEDER, P.A.-C, of 409 Ethan Allen Drive, New Cumberland, PA 17070, (hereinafter referred to as "Physician Assistant"). BACKGROUND Corporation desires to employ Physician Assistant to render medical services and Physician Assitant desires to enter the employ of Corporation on an exclusive basis. NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties hereto agree as follows: Purpose of the Agreement. The purpose of this Agreement is to define the relationship between Corporation as an employer and Physician Assistant as an employee of Corporation. Corporation hereby employs Physician Assistant and Physician Assistant hereby accepts employment on an exclusive basis and upon the terms and conditions hereinafter set forth. 2. Duties. Physician Assistant agrees to practice as a Physician Assistant on a full- time basis solely as an employee of Corporation and shall devote his entire professional time to the affairs of Corporation. Physician Assistant will be assisting the following physicians: G. Robert Little, M.D. Jeffery J. Dunkelberger, D.O. f ~ r g _,. , G.Robert Little, M.D. shall serve as Physician Assistant's primary physician supervisor. Physician Assistant will assist each named physician as described in the application filed with and approved by the Board. The other physicians shall be substitute Physician Assistant supervisors. 3. Performance. Physician Assistant agrees to devote all necessary time and his best efforts in his duties as a Physician Assistant for Corporation in accordance with the highest ethical standards of his profession and to perform such other duties as are assigned from time to time by the Board of Directors of Corporation. It is understood and agreed that Corporation shall have complete control and authority with respect to the acceptance or refusal of any patient and the amount of fees charged by Corporation for Physician Assistant's services. At all times in performing duties, Physician Assistant will be under the supervision of the named physicians. 4. Competing Services. Physician Assistant shall not, without the prior written consent of the Board of Directors of the Corporation, directly or indirectly, during the term of this Agreement, render services of a professional nature which would be competitive with or adverse to Corporation. Corporation shall be entitled to all income earned by Physician Assistant in the performance of his duties for Corporation. 5. Term. The term of this Agreement shall begin on or about October 02, 2000 and shall continue for a period of one (I) year from such date unless terminated earlier as provided in this Agreement. This Agreement shall renew automatically for additional one (1) year terms unless terminated by either party as provided in this Agreement. 6. Compensation, Fringe Benefits, Working Facilities. a. Corporation agrees to pay Physician Assistant compenstion of Dollars annually, to be paid in accordance with Corporation's regular payroll schedule. b. Physician Assistant shall be eligible to participate in Corporation's Fringe Benefit Plans, both presently existing and those which may in the future be adopted, in accordance with the terms and provisions of such plans. c. Corporation shall pay the costs of all business and professional licenses required for Physician Assistant, and additionally, all necessary professional liability insurance pertaining to the services rendered by Physician Assistant during the term of this Agreement. d. Physician Assistant shall be provided with books, stenographic and technical help, and such other facilities, equipment, supplies and services suitable to his position and adequate for the performance of his duties; provided, however, that any materials and equipment so provided shall remain the property of Corporation upon termination of this Agreement. 7. Vacations. Physician Assistant shall be entitled to periodic vacations and holidays. The amount of time which Physician Assistant may utilize annually for vacations shall be twelve (12)days prorated and earned at a rate of one day for each four (4) weeks of work. Time allotted for vacations and seminars may not be accumulated from one year to the next without the prior approval of the Board. 8. Continuing Education. Physician Assistant is expected to maintain educational credits sufficient of maintain her professional standing as required by state agencies. Corporation will make available $ each year of employment to be used for medical education purposes, such as meetings and journal subscriptions. Physician Assistant shall be entitled to one week continuing education annually. Continuing education days do not accrue. 9. Sickness. Physician Assistant will be allowed reasonable absences for sickness without reduction in salary. Physician Assistant's sick days are to be used when absence is unavoidable. Indiscriminate use of sick leave is discouraged. 10. Involuntary Termination of Agreement. Each of the following reasons shall constitute proper cause for Corporation to terminate Physician Assistant's employment under this Agreement provided that notice of said termination is given in accordance with subparagragh (e) hereof: a. If Physician Assistant is no longer authorized to practice his profession in Pennsylvania; b. If Physician Assistant violates any professional oath or licensing statute of his profession; c. If Physician Assistant directly or indirectly competes with Corporation while under this Agreement; d. If Physician Assistant is uninsurable for any reason under the Malpratice Liability Insurance provided by Corporation; e. Physician Assistant shall be expelled pursuant to subparagraph (a), (b), (c), or (d) hereof, with at least ten (10) days prior written notice from the Board of Directors of Corporation, which notice shall state the reason for such expulsion, and shall be delivered to Physician Assistant either in person or mailed to his last known address. 11. Termination of Agreement. In addition to provisions for involuntary termination hereinabove set forth, this Agreement may be terminated under the following conditions: a. This Agreement may be terminated at any time with the mutual written consent of Corporation and Physician Assistant; b. This Agreement may be terminated, with or without cause, by Physician Assistant upon at least sixty (60) days written notice to Corporation; c. This Agreement may be terminated, with or without cause, by Corporation upon at least sixty (60) days written notice to Physician Assistant; and d. This Agreement shall automatically terminate on the death of Physician Assistant. 12. Notice and Addresses. All notices provided to be given under this Agreement shall be given by personal delivery or by certified mail or registered mail, sent to the proper party at the address hereinabove set forth. 13. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. 14. Pennsylvania Law to Apply. This Agreement shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania. 15. Legal Construction. In the event that one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality of unenforceability shall. not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16.. Sole Agreement of the Parties This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the within subject matter, excepting any agreement between the parties respecting supervision and directions required by the laws of the Commonwealth of Pennsylvania. 17. Amendment. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 18. Waiver of Default. No waiver by the parties hereto of any default or breach of any term, condition of covenant of this Agreement shall be deemed to be a waiver of any other breach of the same or any other term, condition or covenant contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with the intent to be legally bound hereby on the day and year first above written. ATTEST: Secretary FAMILY PHYSICIAN ASSOCIATES, INC OF NEW CUMBERLAND $Y: President WITNESS: PHYSICIAN ASSISTANT BY: (SEAL) MICHAEL G. SPAEDER, PA-C '~ v~ n '~ TP/I ^V ~y ~;=, ~- ri5~' e _.~ IT `~ ~~ ~ ~ C'~ r r. -r ,.~ l i ;i5 ~ -~ MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOC., INC. OF NEW CUMBERLAND, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 04-4862 CIVIL ACTION-LAW AMENDED CERTIFICATE OF SEP:VICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 6`h day of October, 2004, I caused a tme and correct copy of the Complaint to be served upon the following entity by Sheriff of Cumberland County, Pennsylvania by hand delivery to a partner, officer, manager, clerk or agent of the Corporation. Family Physician Association, Inc. of New Cumberland 1900 Bridge Street New Cumberland, PA 17070 Respectfully submitted, ROBI ON & GERALDO r ' By: Gerald S. Robinson, Esquire Attorney LD. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717)232-8525 ~ ~ ~ ~. ~ ~ - ~ ~ v o A -~ MICHAEL G. SPAEDER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBE. RLAND COUNTY • PENNSYLVANIA v. ' • NO. 04-4862 FAMILY PHYSICIAN ASSOC., INC. OF NEW CUMBERLAND, • Defendant. CIVIL ACTION--LAW AMENDED CERTIFICATE OF SE:RVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 6`~ day of October, 2004, I caused a true and correct copy of the Complaint to be served upon the following entity by Sheriff of Cumberland County, Pennsylvania by hand delivery to a partner, officer, manager, clerk or agent of the Corporation. Family Physician Association, Inc. of New Cumberland 1900 Bridge Street New Cumberland, PA 17070 Respectfully submitted, ROBI ON & GEF',ALDO~ Gerald S. Robinson, Esq-- u Attorney I.D, No..27423 4407 North Front :itreet P.O. Box 5320 Harrisburg PA 17,110 (717)232-8525 (~J ~v r-- c -. r,~ Y';: ~....: . (~ -i C! i.. `:7171 f-. ~,,. 7l~) , f ~) ~ 7 . ~l ~,. ~,: ; ~ _~ n - _ :: _i MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOC., INC. OF NEW CUMBERLAND, Defendant. IN THE (:OURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 04-4Ei62 CIVIL ACTION-LAW AMENDED CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 6`h day of October, 2004, I caused a true and correct copy of the Complaint to be served upon the following entity by Sheriff of Cumberland County, Pennsylvania by hand delivery to a partner, officer, manager, clerk or agent of the Corporation. Family Physician Association, Inc. of New Cumberland 1900 Bridge Street New Cumberland, PA 17070 Respectfully submitted, ROBI ON & GERALDO Gerald S. Robinson, Esquire Attorney LD. No. 27423 4407 North Front :ireet P.O. Box 5320 Harrisburg, PA 17P.10 (717)232-8525 MICHAEL G. SPAEDER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY PENNSYLVANIA v. FAMILY PHYSICIAN ASSOC., INC. OF NEW CUMBERLAND, Defendant. N0.2004-04862 CIVIL ACTION--LAW PROOF OF SERVICE The undersigned makes the following return of service: the Complaint was served upon Family Physician Assoc Inc., the Defendant, on October 13, 2004 at 1900 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. The Sheriff s Return is attached as Exhibit 1. SIGNATURE AND AFFIDAVIT action. I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this I verify that the statements made in this affidavit and return of service aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: la~~~ ~~~ By: Ger d S. Robinson, Esquire orney LD. D1o. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pe~msylvania 17110-5320 (717) 232-852_i Attorney For Plaintiff SHERIFF'S kETURN - REGULAR CASE NO: 2004-04862 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPAEDER MICHAEL sic FAMILY PHYSICIAN ASSOC INC BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE wa.s served upon FAMILY PHYSICIAN ASSOC INC OF NEW CUMBERLAND the DEFENDANT at 1330:00 HOURS, on the 13t.h day of October 2004 ___.. at 1900 BRIDGE STREET NEW CUMBERLAND by handing to EDEE HERRIGAN, OFFICE MANAGER, ADULT IN CHARLIE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.58 Affidavit .00 Surcharge 10.00 .00 40.58 10/15/2C ROBINSOn Sworn and Subscribed to before By: me this day of Prothonotary So Answers: !f / _.I" /i~L.e:N..-n,.....~,:.L°rv~ ~ „tip r+s I2. Thomas K7.ine '~, 1 A.D. r'_.., N ~.~ 0 i) --1 _~ ~f;:'i ) I~Ly ~ .+ t _ l.. KATHRYN L. SIMPSON, ESQUIRE Mette, Evans & Woodside Sup. Ct. I.D. No. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax klsimpson@mette.com MICHAEL G. SPAEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant NO. 04-4862 CIVIL ACTION -LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant, Family Physician Associates, Inc. of New Cumberland. Respectfully submitted, METTE, EV NS & WOODSIDE <' ~. By:~ ~ ~. KAT RYN L SIMP N, E UIRE Att neys I'o efendant, Fa ly Physician Associates, Inc. of New Cumberland Date: November 11, 2004 410745v1 `~. t,"`) ^a t;_ _~~. -t7 .,,. rr t:.'~ ~w "~';% . N `,_ _ ~J _~~ ;~~ r' ~ ::.~ G'~ tJi C_,i -rr 1 _:~,_ -T- i ~ i ~--f -r.? rn -, t; ~ .~ "~ ' ~ ~~~ r`,_~ j`r'i ~.~ t KATHRYN L. SIMPSON, ESQUIRE Mette, Evans & Woodside Sup. Ct. I.D. No. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax klsimpson@mette.com MICHAEL G. SPAEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant NO. 04-4862 CIVIL ACTION -LAW NOTICE TO PLEAD TO: Michael G. Spaeder, Plaintiff c/o Gerald S. Robinson, Esquire Robinson Geraldo 4407 North Front Street Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Answer With New Matter and Counterclaim within twenty (20) days from service hereof or a judgment maybe entered against you. METTE, EVANS & WOODSIDE ~-~ 1-~...~-- - Daniel L. Sullivan, Esquire Sup. Ct. I.D. No. 34548 Kathryn L. Simpson, Esquire Sup. Ct. I.D. No. 28960 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Dated: November 12, 2004 aioss9~i KATHRYN L. SIMPSON, ESQUIRE Mette, Evans & Woodside Sup. Ct. I.D. No. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax klsimpson@mette.com MICHAEL G. SPAEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. N0.04-4862 CIVIL ACTION -LAW ANSWER WITH NEW MATTER AND COUNTERCLAIM Defendant, Family Physician Associations, Inc. of New Cumberland, by its counsel, Mette, Evans & Woodside, files the following Answer With New Matter and Counterclaim: 410746v1 1. Admitted. 2. Admitted with the exception that the Defendant's proper name is "Family Physician Associates, Inc. of New Cumberland." 3. Admitted in part and denied in part. It is admitted that Defendant began employment in October 2000 and that the Employment Agreement is attached to Plaintiff"s Complaint. It is denied that Defendant's Employment Agreement stated a salary of $68,000 per year. To the contrary, the agreement attached to the Complaint contains no compensation amount. By way of further answer, Plaintiff was paid $67,000 per year. 4. The averments contained in paragraph 4 refer to a document in writing which speaks for itself. No answer is required for this paragraph. 5. The averments contained in paragraph 5 refer to a document in writing which speaks for itself. No answer is required for this paragraph. 6. Denied as stated. To the contrary, the applicable regulation prohibits delegation of patient care to a physician assistant if the primary physician assistant's supervisor is unable to supervise the assistant. 49 Pa. Code § 18.154(a). Nothing contained in the regulations requires that a physician assistant must have both the supervising physician and a backup supervising physician. 7. Admitted. 8. Admitted. 9. Denied. To the contrary, Dr. Little has no current plans to retire. 10. Denied. To the contrary, Dr. Little suggested he should go to medical school. 11. Denied. To the contrary, Dr. Little has no retirement plans. 12. Denied. To the contrary, the ad was placed on March 12, 2004 13. Admitted. 2 14. The averments contained in paragraph 14 refer to a document in writing which speaks for itself. By way of further answer, the termination notice was not attached to the Complaint served upon Defendant and Exhibit A is Plaintiff"s Employment Agreement. 15. Admitted. 16. Denied. To the contrary, based on information and belief, Defendant avers that Plaintiff discussed his departure with patients prior to his termination. In those communications, he made misstatements and misrepresentations about Defendant and suggested that the patients follow him to the practice he would eventually become associated with. 17. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 17. By way of further answer, Defendant incorporates the answer to paragraph 16. 18. Denied. To the contrary, the Plaintiff was fired because he made misstatements and misrepresentations about Defendant and solicited patients to follow him to the next practice he became affiliated with. 19. The averments contained in paragraph 19 refer to a document in writing and no response is required. It is admitted that, under the Employment Agreement, termination without cause requires compensation of sixty (60) days. 20. Admitted. 21. Denied. To the contrary, Plaintiff was appropriately paid for the ten (10) days. 22. Denied. To the contrary, no additional compensation is owed to the Plaintiff. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in favor of the Defendant and against Plaintiff. 3 NEW MATTER 23. Paragraphs 1 through 22 are incorporated by reference as if fully set forth. 24. Plaintiff was terminated because he made misstatements and misrepresentations to patients about Defendant and solicited the patients to encourage them to follow him to his new employer. 25. Defendant discharged Plaintiff because the actions described in Paragraph 24 are in violation of Plaintiff s Employment Agreement which prohibited Plaintiff from directly or indirectly competing with Defendant. 26. Direct or indirect competition with Defendant by Plaintiff was grounds for termination with cause. 27. Plaintiffs communications with Defendant's patients occurred prior and subsequent to his termination. 28. Plaintiff communicated with Defendant's patients, both verbally, prior to his termination, and in writing following the termination. See Exhibits 1 and 2 attached. 29. Plaintiff misappropriated, usurped, and utilized protected trade secrets of Defendant, namely, its patient lists, in contravention of the Pennsylvania Uniform Trade Secrets Act, 12 Pa. C.S.A. §§ 5301 et seq. and Pennsylvania common law. WHEREFORE, Defendant respectfully requests this Honorable Court enter an order of judgment in its favor and against Plaintiff. COUNTERCLAIM 30. Paragraphs 1 through 29 are incorporated by reference as if fully set forth. 4 31. Counterclaim Defendant, as a physician assistant employed by Defendant, knew of and had access to Counterclaim Plaintiffs patient lists, which included the addresses of those patients. 32. Counterclaim Defendant acquired knowledge of Counterclaim Plaintiff s trade secret, its patient lists, via his confidential capacity. 33. Counterclaim Defendant, under the law, is obliged to not disclose or use the trade secret. 34. Counterclaim Plaintiff s patient list is a proprietary and protected trade secret and is confidential for competitive purposes, as well as for mandated privacy reasons. Counterclaim Defendant knew or should have known that the patient list was confidential and a trade secret. 35. Counterclaim Defendant breached the duties owed to Counterclaim Plaintiff and misappropriated and used Counterclaim Plaintiff"s patient list to solicit those patients to switch physicians. See Exhibit 1. 36. Counterclaim Plaintiff has lost patients as a result of Counterclaim Defendant's actions. 37. Counterclaim Defendant has benefited from the misappropriation and has been unjustly enriched. 38. Counterclaim Defendant's misappropriation of Counterclaim Plaintiffs trade secret is willful and malicious. Counterclaim Plaintiff is entitled to attorney's fees and costs of this suit. WHEREFORE, Counterclaim Plaintiff respectfully requests this Honorable Court enter judgment in favor of the Counterclaim Plaintiff and against the Counterclaim Defendant for lost revenues due to patients who have left the practice, the Counterclaim Defendant's unjust enrichment, and attorney's fees and costs. 5 Respectfully submitted, METTE, EV1~NS & WOODSIDE !,1 ~1 / / RE Sup. Ct. I.1h~To. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax Attorneys for Defendant/Counterclaim Plaintiff, Family Physician Associates, Inc. of New Cumberland Date: November 12, 2004 6 w .~ i VE~Y~'TCATION I, G. R~BERT LYTTLE. M.13., Qn bchalF r5f FA_~v1II.Y PHY'SYCIAl~ i ASSOCIATES; TNC. ~,R NE~V' CUMBERLAND, represent that I have the authoriiq to verify ~~ pleadings on behalf of~~liat party and that I have xcad the fore~ouxg to Defetrdant's Answer With New Matter and Coun°rclaim, and verify that the facto sqt far- i herein are true and correct to tha best oPwy knowledge,informationond belief. Tc the extvnttyat th,e foregoing do~wneut and/or . ;, , lts language is that of counsel, I,ltave relied upcyn counsel in making this Veri>Fica~tion. i tuiderstand t1YSL any felso statements snack liere3n arc subject to the penalties of 18 P~. C.S.A. §490 xelatiag ~o unsworn fa1.4i8cation to atrt2zorhlcs, I' DATED: ~j`+~ t ~ ~,' . '~ Ci, R B I'1'I'LE, M.D. ' ~, ;: ~: , . ~• , ~' . (~ i I~ I - " '` r ~ . t~ I ~~ 4 ~~ ' I ~ __~- ~~ , 41Q810v1 ~• ~ ~ . j. I~ , I i ' ~ ' 7uly 20 2004 Dear Friends ~tnd patients: i ~ ~ F ~ ~ r, By now I am lure most of you are wondering what happened to me. If ~ou are receiving this letter, we•had discussed my pros for leaving Family Physicians. ~owevez~, due tq . circuxnstances,ibeyond my control, it did nat happeaas~anticip~ted, ..._ , g!r•. .. i. ~ X am happy tC~ am~,outice tk~at stattimg Sept,. 7, 2004, I w~l once agai~i be in a family practice position at: ~ ; ~' , Chambers Hill p'smily Medical Center ~ j ' 5400 Chambers Hill Road ~ t Iiarrisburg, pA 17111 ;`' Phone 7i7-564-5400 ~! ~ i This practice i~ only a short dxive from the New Cumberland area, and ~ hope that all o~ you are able tb come see me in my p~1Ce. U~o~1 tlaiu$s get gain~g, I will only be, seeing patia~ between 8 a.m. and Noon, Monday through Friday. This is only until the ; practice is we~l established, ax which point it' will e~cpaud to full time. 'However, since ' Chambers Hi~l Family Medical center does ;qot provide pre-scho®~ pediatric, nod gynecologic care, I will nat be able to perform these services. " i fl ~; So now Y need your help. T need you to call avid make a new patient appointmont, and~T need you to tell all of your, friends and family who may not have re~ei~ved this ],ette~ announcing m;T return to family practice. , ~ . T look forward;~to taking care of you and your families' medical needs onn~~~e again. ~ ~i ~~ ~ Sincerely ~ ~; ~ E s i, v ~~ + i Michael Spaec~er, PA C ~' , , i ~~ ,; ~ , Z00 ~l ,, ~ ~~ ' t a i; ,, ; • r' ~, i 4, 7 ' S .~~ 'OOSSt~ SAHd J4V3 CTZC i~Lt LiL %V3 60~tii ~60/LZ/oi _+ _ . ....._, r. _ , . _ -._ .. ..- f i i d I 1 e ai octobe~ 2004 Dear Friends and Patients; It is with Regret that I am once again writing to you. The nsw practice which I joined, only three weeks; ago, has fumed out to be an unacceptable environment foz ~~e to practice im and for me to bring you into. ~ My high statida~ds were not meet by even though they appeared to dc~ so during the irrterview process. ~ • I am so sorry fox any trouble this spy cause, but you all deserve better.l~V"~fh that in mind, ~ ~ri]1 once-again contact you wl~n Y find a suitable position, that wiL meet ail of •our needs. ~_~ ~--~ Iv.~chael Speeder, Pty-C ; i ;~ 'I ~~ ,I, . ~~ i 's { r f I C00 ~ ' ~OSS~' 51~Hd ~d3 i A i t 5 7 i (~ ~ d ~ i E ~ s 4 ~ 1 S ~ f ' CTZC i~LL I~L'%tr'.3 60:bT b0/LZ/OT `, CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) 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: Gerald S. Robinson, Esquire Robinson Geraldo 4407 North Front Street Harrisburg, PA 17110 METTE, EVJANS & WOODSIDE j ,~ KAT RY L. M S N, ES IRE Su . Ct. I.D. o. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax Attorneys for Defendant, Family Physician Associates, Inc. of New Cumberland Date: November 12, 2004 `_ . K") " r..t c; . r t..s ~,__ rx. .._1 -~ ._ .,., .~ 4r {~ ( - J L , Pte: , , ;'t1.~ ~^ ~ _ a.: ,7,:r Ci ~ ` KATHRYN L. SIMPSON, ESQUIRE Mette, Evans & Woodside Sup. Ct. I.D. No. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax klsimpson@mette.com MICHAEL G. SPAEDER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4862 FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. CIVIL ACTION -LAW PETITION TO STRIKE DEFAULT JUDGMENT Defendant, Family Physician Associates, Inc. of New Cumberland, by its counsel, Mette, Evans & Woodside, files the following Petition to Strike Default Judgment: 1. Defendant was served with an "Important Notice" dated November 4, 2004, concerning potential default by Plaintiff s counsel. 2. On November 12, 2004, Defendant filed its Answer, New Matter and Counterclaim as evidenced by the attached time-stamped copy of the first page of that pleading. 411459v1 3. On November 15, 2004, Plaintiff praeciped for entry of default judgment. 4. Despite the timely-filed Answer, New Matter and Counterclaim, the Prothonotary improperly entered judgment by default for Plaintiff. 5. The improperly granted default judgment must be stricken. WHEREFORE, Defendant respectfully requests that the default judgment be stricken from the record. Respectfully submitted, METTE, EVANS & WOODSIDE r ' ~ T RYN ~. IMPSO , ESQUI~ Sup. t. I.D. o. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax Attorneys for Defendant, Family Physician Associates, Inc. of New Cumberland Date: November, 2004 2 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) 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: Gerald S. Robinson, Esquire 4407 North Front Street P. O. Box 5320 Harrisburg, PA 17110 METTE, EVANS & WOODSIDE :j KAT RYN L ` IMP -~ ES UI Q Sup. Ct. I.D. Na. 28960 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax Attorneys for Defendant, Family Physician Associates, Inc. of New Cumberland Date: November 24, 2004 f) rJ c_~ .A-' ~--~ '~ 1 ' ~~t . ..T` .. C ., ~`t (i) -7 _, . r ~ -:~~. a '- ~ C"3 ~ r ~ C '~'~ r ~ -' ~.. - C MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOC., INC OF NEW CUMBERLAND, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4862 CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Please issue a judgment by default in favor of Plaintiff Michael G. Spaeder, and against Defendant Family Physician Assoc., Inc. of New Cumberland for its failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within twenty days from the date of service thereof. Defendant was served with the complaint on October 13, 2004, and the answer was due to be filed on November 2, 2004. Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the defendant at the last known address on November 4, 2004, which is at least ten days prior to the filing of this Praecipe. Please assess damages in the amount of $6,893.10, being the amount demanded in the complaint. Respectfully submitted: ROBINSON & GERALDO Date: ~ ~ ~ ~ ~' b ~- By: Gerald 5. Robinson, Esquire Attorney I.D. No. 27432 4407 North Front Street Post Office Box 5320 Harrisburg, Pennsylvania 17110 (717)232-8525 Attorney for Plaintiff MICHAEL G. SPAEDER, Plaintiff vs. FAMILY PHYSICIAN ASSOC., INC. OF NEW CUMBERLAND, Defendant. tN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.2004-04862 CIVIL ACTION -LAW TO: Family Physician Assoc., Inc. (Defendant) DATE OF NOTICE: November 4, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU AGT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 A MICHAEL G. SPAEDER, : IN THE COURT OF COMMON PLEAS Plaintiff :DAUPHIN COUNTY, PENNSYLVANIA vs. : NO.2004-04$62 FAMILY PHYSICIAN ASSOC., 1NC. :CIVIL ACTION -LAW OF NEW CUMBERLAND, Defendant. AVISO IMPORTANTE A: Family Physician Assoc., Inc. (Defendido) FECHA DEL AV1S0: November 4, 2004 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENDS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER REC1BiD0 ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Sl 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 GOSTO A PERSONAS QUE CUALIFICAN. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 ,(`A`~ Q~ ~~ 'c9• '~ f"' cry -i1 ~ _ ~-~ G"~ ,, ~'!'~ 1 ~,'~_ - '-~i~ ;:7 i__.= ~.~. ~ l"i _~' _: ~ ....~ r 7 a MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4862 CIVIL ACTION -LAW ANSWER TO NEW MATTER AND COUKTERCLAIM AND NOW, comes the Plaintiff, MICHAEL G. SPAEDER, by and through his attorneys, ROBINSON & GERALDO, and Gerald. S Robinson, Esquire, and files the following Answer to the Defendant's New Matter and Counterclaim, averring as follows: Paragraphs 1 through 23 are incorporated by reference as if fully set forth herein. 24. Denied. To the contrary, Plaintiff made no misrcpresentations to patients about the Defendant nor did he solicit the patients to encourage them Ito follow him to his new employer. By way of further answer, Plaintiff merely assured patients that he would continue his employment with Defendant at least until the retirement of Dr.:Little. 25. Admitted in part and denied in part. It is admittc;d that Plaintiff s Employment Agreement prohibited Plaintiff from directly or indirectly competing with Defendant. It is denied that Defendant discharged Plaintiff because of actions iri violation of Plaintiff s Employment Agreement. 26. Admitted. 27. Admitted in part and denied in part. It is admitted that subsequent to his termination, Plaintiff communicated with Defendant's patients. It is denied that Plaintiff communicated with Defendant's patients of his new employment prior to his termination. 28. Admitted in part and denied in part. It is admitted that Plaintiff communicated with Defendant's patients in writing following his termination. :[t is denied that Plaintiff communicated with Defendant's patients, verbally, of his new employment prior to his termination. 29. Denied. WHEREFORE, Plaintiffrespectfullyreguests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, for costs in the sum of SIX THOUSAND EIGHT HUNDRED NINETY THREE DOLLARS and 10/100 ($6,893.10) with interest from May 7, 2004; for costs of this action; and for such other and further relief as the Court deems just and proper. ANSWER TO COUNTERCLAIM 30. Paragraphs 1 through 29 are incorporated by reference as if fully set forth herein. 31. Admitted. 32. Admitted. 33. Admitted. 34. Admitted. 35. Denied. To the contrary, Counterclaim Defendant did not use Counterclaim Plaintiff s patient list to solicit patients to switch physicians. B:y way of further answer, Counterclaim Defendant compiled his own list of patient names; and addresses provided to him by the individual patients. 36. After reasonable investigation, Counterclaim Defendant is without sufficient information or knowledge to form a belief as to the truth of the averment contained in paragraph 36. 37. Denied. To the contrary, Counterclaim Defendant was only employed at a family practice from September 7, 2004 through October 1, 2004. By way of further answer, Counterclaim Defendant is currently employed by the Cumberland County Prison and is not treating any of Defendant's patients. 38. Denied. To the contrary, Counterclaim Defendant did not use Counterclaim Plaintiff s trade secret, namely the patient lists, in order to contact Counterclaim Plaintiff's patients. By way of further answer, Counterclaim Defendant incorporates the answer to paragraph 35. WHEREFORE, Counterclaim Defendant respectfully requests this Honorable Court enter judgment in favor of Counterclaim Defendant and against Counterclaim Plaintiff. Respectfully submitted: ROBINSON & GERALDO Date: December 2, 2004 By: erald S. Robinson, Esquire Attorney I.D. No. 27432 4407 North Front Street Post OfFice Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 2st day of December, 2004, I caused a true and correct copy of Plaintiff's Answer to New Matter and Counterclaim to be served upon the following individuals by depositing same in the. United States, postage prepaid, in Harrisburg, Pennsylvania. Kathryn L. Simpson, Esquire Mette, Evans & Woodside Sup. Ct. I.D. No. 28960 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Respectfully submitted, ROBINSON & GERALDO By: erald S. Robinson, Esquire Attorney I.D. rfo. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 ~> _ s^ ~, ,, ~ ~ ,~ •--i _ -,. ' I i l f ~ i , f~ ' f ~ . ~ ~:.~ ~:.,'~ m: . I ~ ''' l... G.J ' ~ j N `4~7 C DEC 0 2 200+ MICHAEL G. SPAEDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVArfIA v. NO. 04-4862 FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CIVIL ACTIOhf -LAW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. ORDER OF COURT AND NOW, this ~~ day of ~GCw,~(r~r , 200, upon consideration of Defendant's Petition to Strike Default Judgment, it is hereby ORDERED, ADJUDGED AND DECREED that the judgYrient is stricken from the record and the case shall proceed. 411722v1 o~` o`` ~~ BY THE COURT: ~,~~a.t1 ~~4r fir, ~~~ ~ J y(~ ,1-,~~ s.. =~ ,, , .,ti-. ~,~. ~ti :.,. KATHRYN L. SIMPSON, ESQUIRE Mette, Evans & Woodside Sup. Ct. I.D. No. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 -Fax klsimpson@mette.com MICHAEL G. SPAEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl`1IA v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. NO. 04-4862 CIVIL ACTION -LAW PETITION TO STRIKE DEFAULT JUDGMENT Defendant, Family Physician Associates, Inc. of New Cumberland, by its counsel, Mette, Evans & Woodside, files the following Petition to Strike Default Judgment: 1. Defendant was served with an "Important Notice" dated November 4, 2004, concerning potential default by Plaintiff s counsel. 2. On November 12, 2004, Defendant filed its P-nswer, New Matter and Counterclaim as evidenced by the attached time-stamped copy of the first page of that pleading. 411459v1 3. On November 15, 2004, Plaintiff praeciped for entry of default judgment. 4. Despite the timely-filed Answer, New Matter and Counterclaim, the Prothonotary improperly entered judgment by default for Plaintiff. 5. The improperly granted default judgment nnust be stricken. WHEREFORE, Defendant respectfully requests that the default judgment be stricken from the record. By: ~_ Respectfully submitted, METTE, EVANS & WOODSIDE ~ ,,~ ,.`~ T RYN I]VIPS , ESQUI Sup. t. I.D. o. 28960 3401 North Froni; Street P. O. Box 5950 Harrisburg, PA 1.7110-0950 (717) 232-5000 -Phone (717) 236-1816 - I~ ax Attorneys for Defendant, Family Physician Associates, Inc. of New Cumberland Date: November, 2004 2 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) 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, Pennsylv<~nia, with first-class postage, prepaid, as follows: Gerald S. Robinson, Esquirf~ 4407 North Front Street P. O. Box 5320 Harrisburg, PA 17110 METTE, EVANS & WOODSIDE ,,~~ KAT RYN L IMPS , ESQUI Sup. Ct. I.D. No. 28960 3401 North Front; Street P. O. Box 5950 Harrisburg, PA 1.7110-0950 (717) 232-5000 -Phone (717) 236-1816 - F'ax Attorneys for Defi~ndant, Family Physician Associates, Inc. of New Cumberland Date: November 24, 2004 r•~ (+) c_~ ~i .,v_- r--a •"j ~ ~ ; r~ ; ? _,._ ~:~. ; _~tcwa -~;-, E -r; _ - .~~ f-r'~ . ~. MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOC., INC OF NEW CUMBERLAND, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAl`~D COUNTY, PENNSYLVANIA NO. 04-4862 CIVIL ACTPC)N -LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Please issue a judgment by default in favor of PlaintiffMichael G. Spaeder, and against Defendant Family Physician Assoc., Inc. of New Cumberland for its failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within twenty days from the date of service thereof. Defendant was served with the complaint on October 13, 2004, and the answer was due to be filed an November 2, 2004. Attached as Exhibit "A" is a copy of Plaintiff s written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the defendant at the last known address on November 4, 2004, which is at least ten days prior to the filing of this Praecipe. Please assess damages in the amount of $6,893.10, being the amount demanded in the complaint. Re;;pectfully submitted: Rt)BINSON & GERALDO Date: ~ ~ 6 `I ~- B,y: Gerald S. Robinson, Esquire Attorney I.D. No. 27432 4407 North Front Street Post Office Box 5320 Harrisburg, Pennsylvania 17110 {717)232-8525 Attorney for Plaintiff MICHAEL G. SPAEDER, Plaintiff vs. FAMILY PHYSICIAN ASSOC., INC. OF NEW CUMBERLAND, Defendant. IN THE COUF;T OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2004-048412 : CIVIL ACTION -LAW TO: Family Physician Assoc., Tnc,._ (Defendant) DATE OF NOTICE: November 4 , 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ~4T 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 ~' ~. ~~ , MICHAEL G. SPAEDER, : 1N THE COUF:T OF COMMON PLEAS Plaintiff :DAUPHIN COUNTY, PENNSYLVANIA vs. : NO. 2004-04852 FAMILY PHYSICIAN ASSOC., INC. :CIVIL ACTION -LAW OF NEW CUMBERLAND, Defendant. AVISO IMPORTANTE A: Family Physician Assoc., Inc._ (Defendido) FECHA DEL AVISO: November 4, 2009 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A ME:NOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. 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 INFORMACIGN A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIO~~ 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. DAUPHIN COUNTY LAWYER REFERRAIL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 ~.~ ~~~ ~ ~ ~ w 0 c :, x.- -c z . - ~ .; f ' ~ _~~ ~ ~ ° ,' Y 7 ' -"-~ ~ . { .. ~..~ .. ~.. MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4862 :CIVIL ACTION -LAW AMENDED ANSWER TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, MICHAEL G. SPAEDER, by and through his attorneys, ROBINSON & GERALDO, and Gerald. S Robinson, Esquire, and files the following Answer to the Defendant's New Matter and Counterclaim, averring as follows: Paragraphs 1 through 23 are incorporated by reference as if fully set forth herein. 24. Denied. To the contrary, Plaintiff made no misrepresentations to patients about the Defendant nor did he solicit the patients to encourage them to follow him to his new employer. By way of further answer, Plaintiffmerely assured patients that he would continue his employment with Defendant at least until the retirement of Dr. Little. 25. Admitted in part and denied in part. It is admitted that Plaintiff's Employment Agreement prohibited Plaintiff from directly or indirectly competing with Defendant. It is denied that Defendant discharged Plaintiffbecause ofactions in violation of Plaintiff's Employment Agreement. 26. Admitted. 27. Admitted in part and denied in part. It is admitted that subsequent to his termination, Plaintiff communicated with Defendant's patients. It is denied that Plaintiff communicated with Defendant's patients of his new employment prior to his termination. 28. Admitted in part and denied in part. It is admitted that Plaintiff communicated with Defendant's patients in writing following his termination. It is denied that Plaintiff communicated with Defendant's patients, verbally, of his new employment prior to his termination. 29. Denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, for costs in the sum of SIX THOUSAND EIGHT HUNDRED NINETY THREE DOLLARS and 10/100 ($6,893.10) with interest from May 7, 2004; for costs of this action; and for such other and further relief as the Court deems just and proper. ANSWER TO COUNTERCLAIM 30. Paragraphs 1 through 29 are incorporated by reference as if fully set forth herein. 31. Admitted. 32. Admitted. 33. Admitted. 34. Admitted. 35. Denied. To the contrary, Counterclaim Defendant did not use Counterclaim Plaintiff s patient list to solicit patients to switch physicians. By way of further answer, Counterclaim Defendant compiled his own list of patient names and addresses provided to him by the individual patients. 36. After reasonable investigation, Counterclaim Defendant is without sufficient information or knowledge to form a belief as to the truth of the averment contained in paragraph 36. 37. Denied. To the contrary, Counterclaim Defendant was only employed at a family practice from September 7, 2004 through October 1, 2004. By way of further answer, Counterclaim Defendant is currently employed by the Camp Hill State Penitentiary and is not treating any of Defendant's patients. 38. Denied. To the contrary, Counterclaim Defendant did not use Counterclaim Plaintiff s trade secret, namely the patient lists, in order to contact Counterclaim Plaintiffs patients. By way of further answer, Counterclaim Defendant incorporates the answer to paragraph 35. WHEREFORE, Counterclaim Defendant respectfully requests this Honorable Court enter judgment in favor of Counterclaim Defendant and against Counterclaim Plaintiff. Respectfully submitted: ROBINSON & GERALDO i Date: December 13, 2004 By: b Gerald S. Robinson, Esquire Attorney I.D. No. 27432 4407 North Front Street Post Office Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 13`t' day of December, 2004, I caused a true and correct copy of Plaintiff's Amended Answer to New Matter and Counterclaim to be served upon the following individual by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Kathryn L. Simpson, Esquire Mette, Evans & Woodside Sup. Ct. I.D. No. 28960 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Respectfully submitted, ROBIN ON & GERALDO By: ' erald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 r~~ ~ ~.} ~ ~ ~fi r~ '~~-„ ~, l ~ _ .. 'l , . ~wi ~ _ _L 5 ^ _, "1 .~ , ., { C tl ~~1 _ `1 MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4862 CIVIL ACTION -LAW AMENDED ANSWER TO NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, MICHAEL G. SPAEDER, by and through his attorneys, ROBINSON & GERALDO, and Gerald. S Robinson, Esquire, and files the following Answer to the Defendant's New Matter and Counterclaim, averring as follows: Paragraphs 1 through 23 are incorporated by reference as if fully set forth herein. 24. Denied. To the contrary, Plaintiff made no misrepresentations to patients about the Defendant nor did he solicit the patients to encourage them to follow him to his new employer. By way of further answer, Plaintiffmerely assured patients that he would continue his employment with Defendant at least until the retirement of Dr. Little. 25. Admitted in part and denied in part. It is admitted that Plaintiff s Employment Agreement prohibited Plaintiff from directly or indirectly competing with Defendant. It is denied that Defendant discharged Plaintiff because of actions in violation of Plaintiff's Employment Agreement. 26. Admitted. 27. Admitted in part and denied in part. It is admitted that subsequent to his termination, Plaintiff communicated with Defendant's patients. It is denied that Plaintiff communicated with Defendant's patients of his new employment prior to his termination. 28. Admitted in part and denied in part. It is admitted that Plaintiff communicated with Defendant's patients in writing following his termination. It is denied that Plaintiff communicated with Defendant's patients, verbally, of his new employment prior to his termination. 29. Denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, for costs in the sum of SIX THOUSAND EIGHT HUNDRED NINETY THREE DOLLARS and 10/100 ($6,893.10) with interest from May 7, 2004; for costs of this action; and for such other and further relief as the Court deems just and proper. ANSWER TO COUNTERCLAIM 30. Paragraphs 1 through 29 are incorporated by reference as if fully set forth herein. 31. Admitted. 32. Admitted. 33. Admitted. 34. Admitted. 35. Denied. To the contrary, Counterclaim Defendant did not use Counterclaim Plaintiff s patient list to solicit patients to switch physicians. By way of further answer, Counterclaim Defendant compiled his own list of patient names and addresses provided to him by the individual patients. 36. After reasonable investigation, Counterclaim Defendant is without sufficient information or knowledge to form a belief as to the truth of the averment contained in paragraph 36. 37. Denied. To the contrary, Counterclaim Defendant was only employed at a family practice from September 7, 2004 through October 1, 2004. By way of further answer, Counterclaim Defendant is currently employed by the Camp Hill State Penitentiary and is not treating any of Defendant's patients. 38. Denied. To the contrary, Counterclaim Defendant did not use Counterclaim Plaintiff s trade secret, namely the patient lists, in order to contact Counterclaim Plaintiff s patients. By way of further answer, Counterclaim Defendant incorporates the answer to paragraph 35. WHEREFORE, Counterclaim Defendant respectfully requests this Honorable Court enter judgment in favor of Counterclaim Defendant and against Counterclaim Plaintiff. Respectfully submitted: ROBINSON & GERALDO Date: December 13, 2004 By: Gerald S. Robinson, Esquire Attorney I.D. No. 27432 4407 North Front Street Post Office Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 13'h day of December, 2004, I caused a true and correct copy of Plaintiff s Amended Answer to New Matter and Counterclaim to be served upon the following individual by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Kathryn L. Simpson, Esquire Mette, Evans & Woodside Sup. Ct. I.D. No. 28960 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Respectfully submitted, ROBIN ON & GERALDO a By: erald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717)232-8525 SHERIFF'S RETURN - REGULAR CASE NO: 2004-04862 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPAEDER MICHAEL VS FAMILY PHYSICIAN ASSOC INC BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FAMILY PHYSICIAN ASSOC INC OF NEW CUMBERLAND the DEFENDANT at 1330:00 HOURS, on the 13th day of October 2004 at 1900 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to EDEE HERRIGAN, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 16.0 0 12.5 8 ~~~~ ~', ~~a .+-r.G~~~'_' .00 , 10.00 R. Thomas Kline nn z~.~~ Sworn and Subscribed to before me this J7 ~ day of 10/15/20 ROBINSON By: ~.5(n.. m-~x• ~ „Z (YU ~~ A . D . P o honotary M.ABBEGAELPACUSKA,ESQUIRE Robinson & Geraldo Sup. Ct. LD. No. 94059 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 -Phone (717) 232-5098 -Fax apacuska@robinson-geraldo.com MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4862 CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of M. Abbegael Pacuska, Esquire, on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, ROBINSON & GERALDO Date: March 14, 2006 M. Abbegael Pacuska, Esquire a r ., MICHAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4862 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, M. Abbegael Pacuska, Esquire, do hereby certify that on the 14`h day of March, 2006, I caused a true and correct copy of the Praecipe for Entry of Appearance to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Hamsburg, Pennsylvania. Kathryn L Simpson, Esquire 3401 North Front Street PO Box 5950 Harrisburg, PA 1 7 1 1 0-0950 Respectfully submitted, ROBINSON & GERALDO By.. I -' I ~~~ M. Abbegael Pacuska, Esquire Attorney I.D. No. 94059 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 T r , _ , ~ r ~ ~ ~' n i' '~ %r -„ ~.:: }~: Y" _ y ~ 4 r n Q W ti CJ. "~ 0 M.ABBEGAELPACUSKA,ESQUIRE Robinson & Geraldo Sup. Ct. LD. No. 94059 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 -Phone (717) 232-5098 -Fax apacuska@robinson-geraldo.com MICHAEL G. SPAEDER, :1N THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4862 FAMILY PHYSICIAN ASSOCIATES, INC. OF :CIVIL ACTION -LAW NEW CUMBERLAND, . DefendanUCounterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. CERTIFICATE OF SERVICE I, M. Abbegael Pacuska, Esquire, do hereby certify that on the 14th day of March, 2006, I caused a true and correct copy of the Request for Production of Documents to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Kathryn L. Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street PO Box 5950 Hamsburg, PA 1 7 1 1 0-0950 Respectfully submitted, ROBINSON & GERALDO By: ~~ ~ ~~, M. Abbegael Pacuska, Esquire Attorney for Plaintiff c-~ ~~ 4, ~ti_. ~ -n ~':= y ~ ,.4"t ` ~y1 T> f~ {{ .-G .+ G37 M.ABBEGAELPACUSKA,ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 94059 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717)232-8525-Phone (717) 232-5098 -Fax apacuska@robinson-geraldo.com MICIIAEL G. SPAEDER, Plaintiff, v. FAMILY PHYSICLAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defend antlCounterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN[A NO. 04-4862 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, M. Abbegael Pacuska, Esquire, do hereby certify that on the 14`s day of March, 2006, I caused a true and correct copy of the Plaintiff s First Set of Interrogatories to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid,in Harrisburg, Pennsylvania. Kathryn L. Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street PO Box 5950 Harrisburg PA 1 7 1 1 0-0950 Respectfully submitted, ROBINSON & GERALDO By: ' 1' `~ ) M. Abbegael Pacuska, Esquire ^~ n ~ C m rt -: a '" ~ ~ ; ~ ~ ` u .%1 cn '~~'' ! ~r ^~ G ~CF HARRY L. WITTE, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. 81803 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 1 7 1 1 0-5320 (717) 232-8525 -Phone (717) 232-5098 -Fax hwitte@robinson-geraldo.com MICHAEL G. SPAEDER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. FAMILY PHYSICIAN ASSOCIATES, INC. OF NEW CUMBERLAND, Defendant/Counterclaim Plaintiff, v. MICHAEL G. SPAEDER, Counterclaim Defendant. NO. 04-4862 :CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE ACTION AND COUNTERCLAIM To the Prothonotary: Pursuant to Rules 229 and 232, Pa.R.Civ.P., kindly mark the Action and the Counterclaim in this matter discontinued. Dated: .~O O 7 ROBINSON & GERALDO By: arty L. Witte, Esquire 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 METTE, EVA S & WOODSIDE I at n ps9 , Esqui 340 No th ront Street P.O. Bo 50 Harrisburg, PA 17110-0950 717.232.8525 Attorneys for Plaintiff/ Counterclaim Defendant 717.231.5221 Attorneys for Defendant/ Counterclaim Plaintiff s-.a t~ ~,.~ ~. ~ ry~ .....~ `` ''~ _ .,'~ ~-, "' " ..~ ~ ,3